Beth din
Encyclopedia
A beth din, bet din, beit din or beis din (Hebrew
: בית דין, "house of judgment"; plural battei din) is a rabbi
nical court
of Judaism
. In ancient times, it was the building block of the legal system in the Biblical 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 related to Jewish religious life.
that the ruler divest his legal powers and delegate his power of judgment to lower courts was made by Jethro
to Moses
(Exodus ). This situation was formalised later when God gave the explicit command to "establish judges and officers in your gates" (Deuteronomy
).
There were three types of courts (Mishnah
, tractate
Sanhedrin
1:1-4 and 1:6):
Participation in these courts required the classical semicha
, the transmission of judicial authority in an unbroken line down from Moses. Since the destruction of the Temple in Jerusalem
in 70 CE, or at the latest the abolition of the position of Nasi in 425 CE, the transmission of semicha has been suspended. Attempts in the 16th century to reinstate the semicha were unsuccessful; Rabbi Yosef Karo
was one of the recipients of this semicha.
The Mishnah and Talmud
distinguish between ritual or criminal matters and monetary matters (issurim and mamonoth) 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).
Given the suspension of semicha, any beth din existing in medieval or modern times is in theory a court of laymen, acting as arbitrators. In practice they are given greater powers than this by the local takkanot ha-kahal (community regulations), and are generally composed of experienced rabbis. Modern training institutes, especially in Israel, confer a qualification of dayan (religious judge) which is superior to the normal rabbinical qualification.
Even though normally an Orthodox
beth 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 beth din, since every Orthodox community is required to establish its own beth din.
), to be capable of instructing the other members in any matters of halakha relevant to the case being heard.
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 them 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:
A beth din is sometimes used within the Orthodox
Jewish community to resolve civil disputes, with the Shulkhan Arukh calling for civil cases being resolved by religious instead of secular courts (arka'oth). Modern Western societies increasingly permit civil disputes to be resolved by private arbitration
, enabling religious Jews to enter into agreements providing for arbitration by a particular beth din 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, the decisions of religious courts cannot be binding without the prior agreement of both parties, and will otherwise act only as mediation.
Hebrew language
Hebrew is a Semitic language of the Afroasiatic language family. Culturally, is it considered by Jews and other religious groups as the language of the Jewish people, though other Jewish languages had originated among diaspora Jews, and the Hebrew language is also used by non-Jewish groups, such...
: בית דין, "house of judgment"; plural battei din) is a rabbi
Rabbi
In Judaism, a rabbi is a teacher of Torah. This title derives from the Hebrew word רבי , meaning "My Master" , which is the way a student would address a master of Torah...
nical court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
of Judaism
Judaism
Judaism ) is the "religion, philosophy, and way of life" of the Jewish people...
. In ancient times, it was the building block of the legal system in the Biblical Land of Israel
Land of Israel
The Land of Israel is the Biblical name for the territory roughly corresponding to the area encompassed by the Southern Levant, also known as Canaan and Palestine, Promised Land and Holy Land. The belief that the area is a God-given homeland of the Jewish people is based on the narrative of the...
. Today, it is invested with legal powers in a number of religious matters (din Torah, "matter of litigation," plural dinei Torah) both in Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
and in Jewish communities in the Diaspora
Jewish diaspora
The Jewish diaspora is the English term used to describe the Galut גלות , or 'exile', of the Jews from the region of the Kingdom of Judah and Roman Iudaea and later emigration from wider Eretz Israel....
, where its judgments hold varying degrees of authority (depending upon the jurisdiction and subject matter) in matters specifically related to Jewish religious life.
Antiquity
Commentators point out that the first suggestion in the TorahTorah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...
that the ruler divest his legal powers and delegate his power of judgment to lower courts was made by Jethro
Jethro
In the Old Testament or the Hebrew Bible, Jethro |Shu-ayb]]) is Moses' father-in-law, a Kenite shepherd and priest of Midian. He is also revered as a prophet in his own right in the Druze religion, and considered an ancestor of the Druze.-In Exodus:...
to Moses
Moses
Moses was, according to the Hebrew Bible and Qur'an, a religious leader, lawgiver and prophet, to whom the authorship of the Torah is traditionally attributed...
(Exodus ). This situation was formalised later when God gave the explicit command to "establish judges and officers in your gates" (Deuteronomy
Deuteronomy
The Book of Deuteronomy is the fifth book of the Hebrew Bible, and of the Jewish Torah/Pentateuch...
).
There were three types of courts (Mishnah
Mishnah
The Mishnah or Mishna is the first major written redaction of the Jewish oral traditions called the "Oral Torah". It is also the first major work of Rabbinic Judaism. It was redacted c...
, tractate
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
Sanhedrin
Sanhedrin (Talmud)
Sanhedrin is one of ten tractates of Seder Nezikin . It originally formed one tractate with Makkot, which also deals with criminal law...
1:1-4 and 1:6):
- The SanhedrinSanhedrinThe Sanhedrin was an assembly of twenty-three judges appointed in every city in the Biblical Land of Israel.The Great Sanhedrin was the supreme court of ancient Israel made of 71 members...
, the grand central court on the Temple MountTemple MountThe Temple Mount, known in Hebrew as , and in Arabic as the Haram Ash-Sharif , is one of the most important religious sites in the Old City of Jerusalem. It has been used as a religious site for thousands of years...
in Jerusalem, numbering 71 - Smaller courts of 23, called a Sanhedrin Ketana ("small Sanhedrin"). These courts could pass the death verdictCorporal punishment (Judaism)The Jewish tradition describes certain forms of corporal punishment and capital punishment for certain crimes, while cautioning against the use of such punishments.-Capital punishment in classical sources:...
. 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) 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 than 120 people. Any smaller court (including a court of three laymen) could not pass binding verdicts and only dealt with monetary matters.
Participation in these courts required the classical semicha
Semicha
, also , or is derived from a Hebrew word which means to "rely on" or "to be authorized". It generally refers to the ordination of a rabbi within Judaism. In this sense it is the "transmission" of rabbinic authority to give advice or judgment in Jewish law...
, the transmission of judicial authority in an unbroken line down from Moses. Since the destruction of the Temple in Jerusalem
Temple in Jerusalem
The Temple in Jerusalem or Holy Temple , refers to one of a series of structures which were historically located on the Temple Mount in the Old City of Jerusalem, the current site of the Dome of the Rock. Historically, these successive temples stood at this location and functioned as the centre of...
in 70 CE, or at the latest the abolition of the position of Nasi in 425 CE, the transmission of semicha has been suspended. Attempts in the 16th century to reinstate the semicha were unsuccessful; Rabbi Yosef Karo
Yosef Karo
Joseph ben Ephraim Karo, also spelled Yosef Caro, or Qaro, was author of the last great codification of Jewish law, the Shulchan Aruch, which is still authoritative for all Jews pertaining to their respective communities...
was one of the recipients of this semicha.
The Mishnah and Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
distinguish between ritual or criminal matters and monetary matters (issurim and mamonoth) 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
Urim and Thummim
In ancient Israelite religion and culture, Urim and Thummim is a phrase from the Hebrew Scriptures or Torah associated with the Hoshen , divination in general, and cleromancy in particular...
(the parchment in the High Priest's breastplate, which was inscribed with the Name of God and could give supernatural clues).
Given the suspension of semicha, any beth din existing in medieval or modern times is in theory a court of laymen, acting as arbitrators. In practice they are given greater powers than this by the local takkanot ha-kahal (community regulations), and are generally composed of experienced rabbis. Modern training institutes, especially in Israel, confer a qualification of dayan (religious judge) which is superior to the normal rabbinical qualification.
Even though normally an Orthodox
Orthodox Judaism
Orthodox Judaism , is the approach to Judaism which adheres to the traditional interpretation and application of the laws and ethics of the Torah as legislated in the Talmudic texts by the Sanhedrin and subsequently developed and applied by the later authorities known as the Gaonim, Rishonim, and...
beth din requires a minimum of three Jews knowledgeable and observant of Halakha
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
(Jewish Law), in new communities and exigencies, providing a thorough search has proved unfruitful, halakhah provides that even one Orthodox Jew can establish a beth din, since every Orthodox community is required to establish its own beth din.
Present situation
In Orthodox Judaism, a beth din consists of three observant Jewish men, at least one of whom is widely knowledgeable in Jewish law (halakhaHalakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
), to be capable of instructing the other members in any matters of halakha relevant to the case being heard.
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
Semicha
, also , or is derived from a Hebrew word which means to "rely on" or "to be authorized". It generally refers to the ordination of a rabbi within Judaism. In this sense it is the "transmission" of rabbinic authority to give advice or judgment in Jewish law...
(yadin yadin) which enables them 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 divorceGet (divorce document)A is a divorce document, which according to Jewish Law, must be presented by a husband to his wife to effect their divorce. The essential text of the is quite short: "You are hereby permitted to all men," i.e., the wife is no longer a married woman, and the laws of adultery no longer apply...
(get, pl. gittin). - Kosher certification of restaurants and food manufacturers (HechsherHechsherA hechsher is the special certification marking found on the packages of products that have been certified as kosher . In Halakha , the dietary laws of kashrut specify food items that may be eaten and others that are prohibited as set out in the commandments of the Torah...
). - Examination of shochetim and the control of the shechitaShechitaShechita is the ritual slaughter of mammals and birds according to Jewish dietary laws...
inspectors - Conversions to JudaismConversion to JudaismConversion to Judaism is a formal act undertaken by a non-Jewish person who wishes to be recognised as a full member of the Jewish community. A Jewish conversion is both a religious act and an expression of association with the Jewish people...
with at least one member of the court being a rabbiRabbiIn Judaism, a rabbi is a teacher of Torah. This title derives from the Hebrew word רבי , meaning "My Master" , which is the way a student would address a master of Torah...
who is an expert on the laws of conversion. - Supervising the building and maintenance of a mikvahMikvahMikveh is a bath used for the purpose of ritual immersion in Judaism...
. - Determination of "personal status" (i.e. whether someone is a Jew according to halakhaWho is a Jew?"Who is a Jew?" is a basic question about Jewish identity and considerations of Jewish self-identification. The question is based in ideas about Jewish personhood which themselves have cultural, religious, genealogical, and personal dimensions...
). - The authorization and supervision of mohelMohelA mohel is a Jewish person trained in the practice of brit milah "covenant of circumcision."-Etymology of the Hebrew and Aramaic term:...
im. - Questions relating to burial practices and mourning.
A beth din is sometimes used within the Orthodox
Orthodox Judaism
Orthodox Judaism , is the approach to Judaism which adheres to the traditional interpretation and application of the laws and ethics of the Torah as legislated in the Talmudic texts by the Sanhedrin and subsequently developed and applied by the later authorities known as the Gaonim, Rishonim, and...
Jewish community to resolve civil disputes, with the Shulkhan Arukh calling for civil cases being resolved by religious instead of secular courts (arka'oth). Modern Western societies increasingly permit civil disputes to be resolved by private arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
, enabling religious Jews to enter into agreements providing for arbitration by a particular beth din 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, the decisions of religious courts cannot be binding without the prior agreement of both parties, and will otherwise act only as mediation.
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 juristJuristA jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
who may join in the adjudicationAdjudicationAdjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved....
of cases or advise the presiding dayanim. The av beth din will usually be a highly respected rabbiRabbiIn Judaism, a rabbi is a teacher of Torah. This title derives from the Hebrew word רבי , meaning "My Master" , which is the way a student would address a master of Torah...
and posekPosekPosek is the term in Jewish law for "decider"—a legal scholar who decides the Halakha in cases of law where previous authorities are inconclusive or in those situations where no halakhic precedent exists....
, who can give responsaResponsaResponsa comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them.-In the Roman Empire:Roman law recognised responsa prudentium, i.e...
. Traditionally, the salaried rabbiRabbiIn Judaism, a rabbi is a teacher of Torah. This title derives from the Hebrew word רבי , meaning "My Master" , which is the way a student would address a master of Torah...
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 justiceChief JusticeThe Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
. 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, plural: dayanim) sits and adjudicates cases. A rabbinic judge may directly question and cross-examine witnessWitnessA witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es. - Chaver Beth Din (חבר בית דין Friend of the Court, Amicus curiaeAmicus curiaeAn amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
) 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 may have a chaver who is knowledgeable about veterinary medicineVeterinary medicineVeterinary Medicine is the branch of science that deals with the prevention, diagnosis and treatment of disease, disorder and injury in non-human animals...
or meat science to assist the court as an expert witnessExpert witnessAn expert witness, professional witness or judicial expert is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally...
.