Difference between revisions of "Beth Din" - New World Encyclopedia
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==Antiquity== | ==Antiquity== | ||
| − | The first suggestion in the [[Hebrew Bible]] that an absolute ruler divest his legal powers and delegate his power of judgment to lower courts was made to Moses by his the father-in-law, [[Jethro]] ([[Exodus]] | + | The first suggestion in the [[Hebrew Bible]] that an absolute ruler divest his legal powers and delegate his power of judgment to lower courts was made to Moses by his the father-in-law, [[Jethro]] ([[Exodus]] 18:19–25). |
| + | <blockquote>You must be the people's representative before God and bring their disputes to him. Teach them the decrees and laws, and show them the way to live and the duties they are to perform. But select capable men from all the people—men who fear God, trustworthy men who hate dishonest gain—and appoint them as officials over thousands, hundreds, fifties and tens. Have them serve as judges for the people at all times, but have them bring every difficult case to you; the simple cases they can decide themselves." ...Moses listened to his father-in-law and did everything he said.</blockquote> | ||
| − | This situation was | + | This situation was formalized in explicit command to "establish judges and officers in your gates"([[Deuteronomy]] 16:18). |
| − | + | According to the Talmud, once Jerusalem had been established as the political and religious center of ancient Israel, there were three types of courts there ([[Mishnah]], [[tractate]] ''[[Sanhedrin (Talmud)|Sanhedrin]]'' 1:1-4 and 1:6): | |
| − | * The [[Sanhedrin]], the grand central court on the [[Temple Mount]] in [[Jerusalem]], numbering 71 | + | * The ''[[Sanhedrin]]'', the grand central court on the [[Temple Mount]] in [[Jerusalem]], numbering 71 men |
| − | *Smaller courts of 23, called a Sanhedrin Ketana ("small Sanhedrin"). These courts could pass the [[corporal punishment (Judaism)|death verdict]]. These existed on two levels, the one higher in standing than the other: | + | *Smaller courts of 23 judges, called a ''Sanhedrin Ketana'' ("small Sanhedrin"). These courts could pass the [[corporal punishment (Judaism)|death verdict]]. These existed on two levels, the one higher in standing than the other: |
**The [[Capital|main cities]] of the [[Tribes of Israel|tribes]], had a court of 23 | **The [[Capital|main cities]] of the [[Tribes of Israel|tribes]], had a court of 23 | ||
| − | **All towns of a minimum size (either 120 or 230 people) had to have a court of 23, which was under the jurisdiction of the tribal court | + | **All towns of a minimum size (either 120 or 230 people) also had to have a court of 23, which was under the jurisdiction of the tribal court |
| − | *The smallest court of three was found in villages with a population of less then 120 people. Any smaller court could not pass binding verdicts and only dealt with monetary matters. | + | *The smallest court of three judges was found in villages with a population of less then 120 people. Any smaller court could not pass binding verdicts and only dealt with monetary matters. |
| − | Participation in these courts required | + | Participation in these courts traditionally required , the transmission of judicial authority in an unbroken line down from Moses, known as the ''[[semicha]]''. Since the destruction of the [[Temple in Jerusalem]] in 70 C.E., the transmission of ''semicha'' was suspended. Attempts in the sixteenth century to reinstate it were unsuccessful, although the great Talmudist, [[Yosef Karo|Rabbi Yosef Karo]], claimed to be one of the recipients of this ''semicha''. |
| − | The Mishnah and [[Talmud]] distinguish between ritual or criminal matters and monetary matters | + | The [[Mishnah]] and [[Talmud]], the seminal collections of Jewish [[halakha|legal tradition]], distinguish between ritual or criminal matters and monetary matters and impose different regulations for them, with criminal cases generally having much more stringent limitations. Courts ruled in both kinds of cases. Any question that could not be resolved by a smaller court was passed up to a higher court. If the Sanhedrin was still uncertain, divine opinion was sought through the ''[[Urim and Thummim|Urim ve-Tumim]]'' (the parchment in the High Priest's breastplate, which was inscribed with the [[The names of God in Judaism|Name of God]] and could give supernatural clues). |
Even though normally an [[Orthodox Judaism|Orthodox]] beit din requires a minimum of three Jews knowledgeable and observant of [[Halakha]] (Jewish Law), in new communities and exigencies, providing a thorough search has proved unfruitful, ''halakhah'' provides that even one Orthodox Jew can establish a beit din, since every Orthodox community is required to establish its own beit din.{{Fact|date=February 2007}} | Even though normally an [[Orthodox Judaism|Orthodox]] beit din requires a minimum of three Jews knowledgeable and observant of [[Halakha]] (Jewish Law), in new communities and exigencies, providing a thorough search has proved unfruitful, ''halakhah'' provides that even one Orthodox Jew can establish a beit din, since every Orthodox community is required to establish its own beit din.{{Fact|date=February 2007}} | ||
Revision as of 14:23, 10 September 2008
{{dablink|Dayan redirects here. For the Israeli general, see Moshe Dayan.
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A beth din, beit din or beis din (Hebrew: בית דין, "house of judgment"; plural battei din) is a rabbinical court of Judaism. In ancient times, it was the building block of the legal system in the Land of Israel. Today, it is invested with legal powers in a number of religious matters (din Torah, "matter of litigation," plural dinei Torah) both in Israel and in Jewish communities in the Diaspora, where its judgments hold varying degrees of authority (depending upon the jurisdiction and subject matter) in matters specifically germane to Jewish religious life.
Antiquity
The first suggestion in the Hebrew Bible that an absolute ruler divest his legal powers and delegate his power of judgment to lower courts was made to Moses by his the father-in-law, Jethro (Exodus 18:19–25).
You must be the people's representative before God and bring their disputes to him. Teach them the decrees and laws, and show them the way to live and the duties they are to perform. But select capable men from all the people—men who fear God, trustworthy men who hate dishonest gain—and appoint them as officials over thousands, hundreds, fifties and tens. Have them serve as judges for the people at all times, but have them bring every difficult case to you; the simple cases they can decide themselves." ...Moses listened to his father-in-law and did everything he said.
This situation was formalized in explicit command to "establish judges and officers in your gates"(Deuteronomy 16:18).
According to the Talmud, once Jerusalem had been established as the political and religious center of ancient Israel, there were three types of courts there (Mishnah, tractate Sanhedrin 1:1-4 and 1:6):
- The Sanhedrin, the grand central court on the Temple Mount in Jerusalem, numbering 71 men
- Smaller courts of 23 judges, called a Sanhedrin Ketana ("small Sanhedrin"). These courts could pass the death verdict. These existed on two levels, the one higher in standing than the other:
- The main cities of the tribes, had a court of 23
- All towns of a minimum size (either 120 or 230 people) also had to have a court of 23, which was under the jurisdiction of the tribal court
- The smallest court of three judges was found in villages with a population of less then 120 people. Any smaller court could not pass binding verdicts and only dealt with monetary matters.
Participation in these courts traditionally required , the transmission of judicial authority in an unbroken line down from Moses, known as the semicha. Since the destruction of the Temple in Jerusalem in 70 C.E., the transmission of semicha was suspended. Attempts in the sixteenth century to reinstate it were unsuccessful, although the great Talmudist, Rabbi Yosef Karo, claimed to be one of the recipients of this semicha.
The Mishnah and Talmud, the seminal collections of Jewish legal tradition, distinguish between ritual or criminal matters and monetary matters and impose different regulations for them, with criminal cases generally having much more stringent limitations. Courts ruled in both kinds of cases. Any question that could not be resolved by a smaller court was passed up to a higher court. If the Sanhedrin was still uncertain, divine opinion was sought through the Urim ve-Tumim (the parchment in the High Priest's breastplate, which was inscribed with the Name of God and could give supernatural clues).
Even though normally an Orthodox beit din requires a minimum of three Jews knowledgeable and observant of Halakha (Jewish Law), in new communities and exigencies, providing a thorough search has proved unfruitful, halakhah provides that even one Orthodox Jew can establish a beit din, since every Orthodox community is required to establish its own beit din.[citation needed]
Present situation
In Orthodox and Conservative Judaism, a beth din needs to be made up of three adult and observant Jewish men, at least one of whom needs to be widely knowledgeable in halakha (Jewish law), sufficiently so to instruct the other two members in any matters of halakha relevant to the case being heard.[1]
In practice, a permanent beth din will consist of three rabbis, while a beth din for an occasional matter (such as handling religious vows) need not consist of rabbis. A beth din which handles cases involving complex monetary issues or large community organizations requires "judges" (dayanim, singular: dayan), who require an additional semicha (yadin yadin) which enables him to participate in such a beth din and adjudicate complex cases involving highly technical points of law.
A beth din is required or preferred for the following matters:
- Validation of religious bills of divorce (get, pl. gittin);
- Kosher certification of restaurants and food manufacturers (Hechsher);
- Examination of shochetim and the control of the shechita Inspectors
- Conversions to Judaism: a beth din is convened to determine whether a prospective "convert" (ger tzedek or "proselyte") is sufficiently prepared to enter the "Covenant of Abraham" and to be accepted into the Jewish people. At least one member of the court must be a rabbi who is an expert on the laws of conversion.
- Supervising the building and maintenance of a mikvah;
- Determination of "personal status" (i.e. whether someone is a Jew according to halakha) - some battei din hold local records of marriages and deaths within the community.
- The authorization and supervision of mohelim.
- Questions relating to burial practices and mourning.
Battei din are sometimes used within the Orthodox Jewish community for civil disputes: The Shulkhan Arukh, (Choshen Mishpat 26) calls for having civil cases judged by religious courts instead of secular judges (arka'oth). As modern Western societies have increasingly permitted civil disputes to be resolved by private arbitration, religious Jews have taken advantage of this legal environment by signing arbitration agreements appointing a particular Beth Din as their arbitrators in the event of a dispute. By this device, the rules, procedures, and judgment of the Beth Din are accepted and can be enforced by secular courts in the same manner as those of a secular arbitration association. However, religious courts cannot decide such disputes without the prior agreement of both parties.
Officers of a Beth Din
A large beth din may have the following officers:
- Av Beth Din (אב בית דין, literally "Father of the Court," abbreviated אב"ד / ABD) is the most senior jurist who may join in the adjudication of cases or advise the presiding dayanim. The av beth din will usually be a highly respected rabbi and posek, who can give responsa. Traditionally, the salaried rabbi of the local Jewish community served as the av beth din
- Rosh Beth Din (ראש בית דין, literally "Head of the Court," abbreviated רב"ד) is equivalent to a chief justice. He will be the senior member of a three-judge panel. In smaller courts the av beth din also serves as the rosh.
- Dayan (דיין, Rabbinic Judge) sits and adjudicates cases. A rabbinic judge may directly question and cross-examine witnesses.
- Chaver Beth Din (חבר בית דין Friend of the Court, Amicus curiae) is an internal adviser to the court. He may bring specialised expertise to the beth din. Often a chaver will be a dayan with training in secular law or science who can share his experience and perspectives with the court. For example some battei din that deal with issues of shechiṭṭah may have a chaver who is knowledgeable about veterinary medicine or meat science to assist the court as an expert witness.
See also
- Beth midrash
- Vaad
External links
- The London Beth Din
- Beth Din of America
- Beth Din of South Africa
- Beis Din - Rabbinical Council of California
- European Masorti Beit Din
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