cRc Beth Din

Are the judges bound by precedent?

Not really, at least not in the sense that secular courts are bound by their precedents. The judges in a Din Torah apply their understanding of Jewish law, and not all judges understand the law in the same manner. However, the body of Jewish law is very extensive, so many questions do have a clear…


What are some notable distinctions from secular law?

Jews are forbidden to charge each other interest on loans, so if a contract calls for interest, a Beth Din will often strike that provision. Jewish law considers many payments that allow one to pay more but pay later to fall under this prohibition, so even things that do not seem like interest may be…


Do Batei Din (Jewish Courts) recognize corporations and the related limitations on liability?

Generally, Dayanim at the Beth Din treat corporations much like they are treated under secular law. Jewish law might not specifically recognize the existence of an independent entity with its own liability such as a corporation. Nevertheless, if you do business with a corporation, you are usually assumed to be following common business practice, and…


Do the judges follow American law?

They follow Jewish law, but Jewish law often takes the local law into account. For example, Jewish law often considers common business practice, which in the United States is often a product of American law. If someone enters into a contract that is binding according to American law, then they are generally bound by Jewish…


If I want a lawyer, do I need one with special expertise in Jewish law?

No. The main advantage of a lawyer is to make sure that your case is organized, and that you do not neglect any evidence in your favor. The judges are responsible for identifying Jewish law relevant to the case.


Do I need a lawyer?

No. However, under secular arbitration law, you have the right to have a lawyer present if you want one. Sometimes a lawyer can help you organize your case, and help you identify what is important to present to the judges.


What happens if the person who is summoned to a Din Torah refuses to come?

Jewish law forbids the defendant to refuse. It is a violation of Torah law, similar to eating non-kosher food or violating other Jewish laws.  In the event that there is an existing agreement to come to a particular Beth Din (for example, if the parties signed a contract which refers any disputes to a particular…


Is there any way to appeal a decision of the Beth Din?

Section 31 of the Beth Din Rules and Procedures sets forth a process whereby litigants may appeal to the Beth Din or his designee to modify a decision that has been issued. Decisions may be modified on certain grounds, including where the Beth Din panel improperly calculated the amount of an award.


Are decisions subject to review by the secular courts?

Dinei Torah (arbitrations) are conducted at the Beth Din pursuant to binding arbitration agreements signed by the parties prior to the first hearing. This means that the secular courts will fully enforce decisions issued by the Beth Din in business disputes, and that the decisions are subject only to the limited court review that applies…


Are there any restrictions on who may testify, based on Jewish law?

There are no such limitations in the Din Torah (arbitration) context. Although Jewish law contains detailed rules relating to who may serve as valid witnesses, those rules are practically limited to situations such as a marriage or divorce. A Beth Din deciding a dispute has complete latitude to gather information from anyone who has knowledge…