Exploring A Jewish Bet Din And Halakha

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By Walter West


Settling disputes in the Jewish tradition is often different than doing so in others. In most cases, Jews prefer to consult with a jewish bet din which is a jewish court of law. Whereas, Halakha is the term for the law of those observing the practices, rituals and traditions of the faith. The first beth din was formed based on laws of the Torah which prescribe that tribes were to appoint court officials to settle disagreements and disputes.

Originally formed to settle disputes, these laws are different than those prescribed by State and Federal governments. The court was first formed by a multitude of rabbis whom provided court at the first Jerusalem temple. At which time, the purpose of the court was to hand down decisions and settle disputes among the Israeli people.

Once the temple was destroyed in Jerusalem, the people began scattering to other areas. At that time, it became next to impossible for many to return to consult and convene with so many rabbis. As a result, the court was transformed into a panel of three men knowledgeable in Jewish law, ritual and tradition. While this is the case, the panel is still referred to as a bet din, beth din or beit din.

In order to decide a ruling, the court refers to the halakha which is the term for Jewish law. In the beginning, the option was only available to those living in small villages and towns. Currently, the three men are part and parcel to a formal legal system. As such, the court must be consulted for some ritual as well as all legal issues.

There are now some local and national batei din. Two of the better known of these courts are the Beth Din of America, and the Beth Din of Manchester. These organizations provide services to those wishing to consult a court of this nature whom is knowledgeable of the rituals and laws associated with Judaism.

While there are several reasons individuals and couples would consult with a beit din, one of the most common is divorce. As with other courts dealing with divorce, the couple must be present at proceedings to assure that all aspects and settlements are legal and binding. While this is the case, it should be noted that there are some aspects under Halakha which are different than those when it comes to divorce under secular laws and traditions.

Other reasons for consulting a beit din include conversion from other faiths, marriage and dissolution of oaths. For, it is required that when an individual desires to convert to Judaism from another faith the person appear to express sincerity and answer questions related to the faith. Whereas, when uniting in marriage or dissolving an oath, the court must be present to change the status and supply documents.

While personal issues can often be awarded and dissolved with the Jewish court, most civil matters and settlements are provided in line with secular courts. For, in doing so, the results are legal and binding regardless of location. Whereas, there are some cases in which if settled by a beth din would not be binding in a secular court of law.




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