Difference between revisions of "Beth Din" - New World Encyclopedia
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In Babylonia no single ''beth din'' was considered a central authority, even for Babylonia alone. Instead, the higher the reputation of a presiding legal scholar, the greater was the authority of the ''beth din'' under him. Similar conditions continued in Babylonia during the time of the Geonim (589-1038), during which competing rabbinical schools prevented the emergence of a single authority. Several attempts to establish a central high court all proved futile. Rabbi [[Jacob Berab]] (sixteenth century) nearly succeeded in reintroducing a formal system of ordination for halakhic judges. If he had done so, his ''beth din'' in Toledo, Spain, might have achieved the central position of that of [[Johanan ben Zakkai]], but he encountered too much opposition. | In Babylonia no single ''beth din'' was considered a central authority, even for Babylonia alone. Instead, the higher the reputation of a presiding legal scholar, the greater was the authority of the ''beth din'' under him. Similar conditions continued in Babylonia during the time of the Geonim (589-1038), during which competing rabbinical schools prevented the emergence of a single authority. Several attempts to establish a central high court all proved futile. Rabbi [[Jacob Berab]] (sixteenth century) nearly succeeded in reintroducing a formal system of ordination for halakhic judges. If he had done so, his ''beth din'' in Toledo, Spain, might have achieved the central position of that of [[Johanan ben Zakkai]], but he encountered too much opposition. | ||
| − | ===Smaller | + | ===Smaller bettei din=== |
| − | In the [[Talmud]], the term ''beth din'' (plural '' | + | In the [[Talmud]], the term ''beth din'' (plural ''bettei din'') was applied to every Jewish court, consisting either of 23 members, who sat only in capital cases, or of three (according to some, five) members, who decided in monetary affairs (Sanh. i. 1-4; Tosef., ib. i. 1). However, in practical terms, even in Talmudic times it was normal to have 11 or more scholars actually present at court (Sanh. 7b), rather than 23. Moreover, a scholar of high standing required no assistant for holding court (Sanh. 5a). |
During the Middle Ages, as well as in modern times, the local rabbi alone frequently constituted the ''beth din''. In larger communities today, a ''beth din'' often consists of at least three members, which sits daily except on Sabbath and holidays, and decides ritual as well as legal questions that are not under the jurisdiction of a secular court. The local rabbi generally presides, but in large communities the direction of the ''beth din'' is an office in itself, the incumbent of which bears the title ''rosh beth din.'' | During the Middle Ages, as well as in modern times, the local rabbi alone frequently constituted the ''beth din''. In larger communities today, a ''beth din'' often consists of at least three members, which sits daily except on Sabbath and holidays, and decides ritual as well as legal questions that are not under the jurisdiction of a secular court. The local rabbi generally presides, but in large communities the direction of the ''beth din'' is an office in itself, the incumbent of which bears the title ''rosh beth din.'' | ||
Revision as of 15:38, 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.
Biblical tradition
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, including the nasi, or president, who did not vote
- 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.
Great Sanhedrin at Jerusalem was called also "Sanhedrin Gedolah." It represented the supreme court of the country mentioned in ccripture (Deut. 17:8-13), and acted chiefly as court of last instance in legal or ritual disputes. It also had a voice in the affairs of the state, as offensive war could be undertaken without its permission. The president, who bore the title nasi, was the supervisor, but did not deliberate with its members on legal case. Thus, the court technically consisted of 70 members, corresponding to the 70 "elders" appointed by Moses (Num. 11:25).
Critical scholars doubt that the detailed descriptions of such a high court found in the Talmud are historical, being instead a description of an ideal system postulated by the rabbis. In a like manner, they also spoke of a heavenly beth din which reflected the pattern of the earthly one, or vice versa (Soṭah 22b).
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. However, the same beth din ruled in both kinds of cases. Any question that could not be resolved by a smaller court was passed up to a higher court. In ancient times, if the Sanhedrin was still uncertain, divine opinion was sought through the a process of divination known as Urim ve-Tumim, utilizing the high priest's breastplate, which was inscribed with the Name of God and could give supernatural clues.
Historical beth din
A supreme beth din as the highest religious as well as civil authority of the Jews is known to have existed between 70 C.E. and the end of the third century. Rabban Johanan ben Zakkai's beth din at Jamnia became the intellectual and legal center of the Jews after the destruction of Jerusalem ended the previous Sanhedrin centered on the Temple of Jerusalem. This court determined the Jewish calendar system, and thus became the religious and national center not only for the Jews of Palestine, but also of the diaspora. Its power and influence increased under Johanan's successor, Rabban Gamaliel II, culminating under Judah ha-Nasi.
After the death of Judah ha-Nasi the beth din of Palestine lost its importance as a result of the rise of Jewish scholarship in Babylonia toward the middle of the third century, as well as the increasing oppression of the Palestinian Jews under the Roman rule.
In Babylonia no single beth din was considered a central authority, even for Babylonia alone. Instead, the higher the reputation of a presiding legal scholar, the greater was the authority of the beth din under him. Similar conditions continued in Babylonia during the time of the Geonim (589-1038), during which competing rabbinical schools prevented the emergence of a single authority. Several attempts to establish a central high court all proved futile. Rabbi Jacob Berab (sixteenth century) nearly succeeded in reintroducing a formal system of ordination for halakhic judges. If he had done so, his beth din in Toledo, Spain, might have achieved the central position of that of Johanan ben Zakkai, but he encountered too much opposition.
Smaller bettei din
In the Talmud, the term beth din (plural bettei din) was applied to every Jewish court, consisting either of 23 members, who sat only in capital cases, or of three (according to some, five) members, who decided in monetary affairs (Sanh. i. 1-4; Tosef., ib. i. 1). However, in practical terms, even in Talmudic times it was normal to have 11 or more scholars actually present at court (Sanh. 7b), rather than 23. Moreover, a scholar of high standing required no assistant for holding court (Sanh. 5a).
During the Middle Ages, as well as in modern times, the local rabbi alone frequently constituted the beth din. In larger communities today, a beth din often consists of at least three members, which sits daily except on Sabbath and holidays, and decides ritual as well as legal questions that are not under the jurisdiction of a secular court. The local rabbi generally presides, but in large communities the direction of the beth din is an office in itself, the incumbent of which bears the title rosh beth din.
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 (ritual slaughterer) and the control of inspectors of kosher butchers
- Conversions to Judaism to determine whether a prospective convert is sufficiently prepared to enter the "Covenant of Abraham"
- Supervising the building and maintenance of a mikvah (ritual bath)
- Determination of "personal status" (i.e. whether someone is a Jew according to halakha)
- The authorization and supervision of mohelim (men who conduct religious circumcisions)
- Questions relating to burial practices and mourning.
Battei din are also used within the Orthodox Jewish community for civil disputes. The halakhic compendium Shulkhan Arukh, (Choshen Mishpat 26) calls for having civil cases judged by religious courts instead of secular judges. 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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