The Jewish Bet Din Court Explained

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By Barbara Wright


A religion can have a court. This will be religious in nature. A religious court will be very different from a civilian court. A civilian court is secular in nature. The Jewish Bet Din is a religious court in every sense and respect. It conforms to Judaism. This is a very ancient religion that is relevant in the present day world. Not all Jews are religious. There are also secular Jews. In Israel, there is a freedom of religion. However, anyone who identifies as Jewish, whether or not he is secular, should accept the authority of the Bet Din on marriage issues.

The Bet Din just like any other court has a structure. There are senior officials of the court and there are the junior officials. A person can start on the lower levels and slowly climb up the ranks. To become an official of the court, one needs to be a person who has a very high level of integrity.

The chief of court is the most senior official. He has a final say on all the matters of the court. This has to be a highly respected rabbi or posek. This is someone who understands the ins and outs of Torah, which is the holiest book in Judaism. A rabbinic judge will be concerned with cross-examining witnesses.

The Bet Din can be traced back to ancient Biblical times. The Bible starts with the book of Genesis. This documents the creation of planet earth. The next book is Exodus. It is in this book that one will start seeing references of this kind of court. The Exodus from Egypt to Israel was an important period in the history of the Jews.

In ancient times, this court was all powerful. It had a say on every judicial matter. That was the period just after Israelis settled in the Promised Land. The court was established so that justice could prevail in society and everybody could live in peace and harmony. Actually, religious courts and the other courts must strive to exercise justice.

The status of this court kept changing through history depending on the events taking place in the Holy Land. When the Jews were free, the court was all powerful all over the land. When they were under another empire, the powers of the court were either fully restricted or partially restricted. The Roman Empire granted the court a good deal of powers.

The modern day Torah based court is not as active as it used to be in ancient times. Its powers have been severely limited even in Israel itself. In Israel, it is part and parcel of the Israeli judiciary. However, the Israeli rabbinical authorities have a large influence when it comes to appointing the various officials of this court.

The Bet Din does not exist independently. It complements others courts such as the Supreme Court and the High Court. It serves as an alternative avenue for settling civil disputes in Israel as well as in other countries that have a high population of Israelis. A civil matter such as a divorce case does not have to go to court.




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