FAQ - A Walk Through the Beis Din
(Interview with Rabbi Reuven Kasierer Mazkir Beis Din, Vaad HaRabanim of Greater Washington)
The goal of this article is to familiarize the community with the Beis Din process, how it works and what it entails. It is the hope of the Vaad HaRabanim to clarify the Beis Din’s procedures and ensure that all community members view it as a useful tool that is available for them if needed.
WHAT IS THE ROLE OF THE BEIS DIN?
The Beis Din of the Vaad HaRabanim of Greater Washington is available for all types of monetary litigation. While certain divisions within the Vaad HaRabanim deal with matters such as kashrus, divorce and conversion, the Beis Din division is specific to monetary law. The Beis Din panel consists of three dayanim (judges) who listen to the claims of both parties and issue a ruling in the case. The dayanim base their judgment upon their expert knowledge of halachah (Jewish law) with a blend of sensitivity and fairness.
WHO SHOULD GO TO THE BEIS DIN?
Any Jew who has a monetary dispute with another Jew or Jewish entity should bring the matter to Beis Din for adjudication, instead of to a secular court. Within the last three years, the Beis Din of the Vaad HaRabanim of Greater Washington has reviewed a wide variety of monetary disputes. In that time alone, over thirty cases have been adjudicated and the Beis Din is currently considering four separate disputes.
Cases that have come before the Beis Din in the past three years include:
Anything that involves a monetary dispute between two Jews is within the purview of the Beis Din.
WHAT SORT OF DISPUTE IS WORTHY OF THE BEIS DIN’S REVIEW?
People are often uncertain if their claim is substantial enough to be processed through the Beis Din. If someone is unsure, it is best to discuss the matter with the Mazkir (Secretary) of the Beis
Din to assess whether to proceed with a dispute or claim. More often than not, if someone is considering going to Beis Din, it may have halachic merit.
WHAT DOES THE MAZKIR DO?
The role of the Mazkir of the Beis Din is to handle the process from intake through an eventual hearing and judgment by the Beis Din. If someone has a dispute or monetary issue, they may contact the Mazkir of the Beis Din directly via phone or email. The Mazkir will listen to the assertions and make the determination to either file a claim or take the matter up in another manner.
CAN MATTERS BE SETTLED WITHOUT GOING TO BEIS DIN?
Often a claim or dispute may not make it all the way to a Din Torah (litigation) before the Beis Din. Only about 20% of matters brought to the Beis Din actually proceed all the way to an actual Din Torah process. In many cases, the Mazkir can help facilitate a settlement or other arrangement, agreed upon by all parties, without the need for a hearing before the Beis Din. Disputes often arise between parties who are unable to work the issue out with each other but who benefit from a neutral third party to help work things out.
HOW CAN A CLAIM BE FILED?
Once the Mazkir determines that a claim should, in fact, be adjudicated by the Beis Din, the next phase of the process begins. The Mazkir will then contact the defendant to summon him/her to appear before the Beis Din for a hearing to decide the matter. Once the defendant agrees to participate in the Beis Din process, a Beis Din hearing is scheduled to determine the outcome. If a defendant refuses to comply with the Beis Din process, the plaintiff may be given halachic authority to use other methods of adjudication (as will be discussed below).
WHO SITS ON THE BEIS DIN?
The Beis Din is comprised of many local Rabbanim. Baruch Hashem, there are many outstanding Rabbis in the community who volunteer their time and expertise to participate on Beis Din panels. Currently, over fifteen Rabbanim may be available to take a particular case. Often a plaintiff and/or defendant may have a significant relationship with some, if not many, of the Rabbis in the local community; we are therefore very fortunate to have so many Rabbis available to compose Beis Din panels. With a large selection from which to choose, we are able to choose Rabbanim who are completely impartial, thus maintaining the integrity of the Beis Din process as well as with equality and fairness for both parties.
WHAT ARE THE LEGAL RAMIFICATIONS?
The Beis Din’s decision carries not only halachic importance but has relevance in the secular legal system as well. Prior to any hearing, the Beis Din requires both parties to sign an Arbitration Agreement. This contract is enforceable by the secular legal system, thereby making the Beis Din’s ruling both halachically and legally binding.
CAN A CASE GO TO THE SECULAR COURTS?
As previously discussed, the first step for a Jew vs. Jew dispute should be the Beis Din. Sometimes, however, a case may not end up resulting in a Din Torah. This may occur in the event that one of the parties declines to appear before the Beis Din to adjudicate the matter. In such an instance, the cooperating party may then be given halachic authority to use the secular courts to adjudicate the dispute. There are also cases in which the Beis Din will not involve itself in a dispute: when it concerns matters that are already being handled in the secular courts or in other complex situations that have legal components that preclude the Beis Din from involvement.
In any of these situations, one should consult with their personal Rabbi to determine whether going to secular court is appropriate in their situation.
HOW DO I CONTACT THE MAZKIR OF THE BEIS DIN?
Contact information may be found by clicking here. You may leave a message for the Mazkir by phone or complete the online form. Once a message is left, you may expect a reply within 24–48 hours.
CONCLUSION
The Beis Din is accessible to anyone in the community who needs to settle a dispute or file a claim against another Jew. The process is not as complicated as one may think and the Mazkir is available to advise and guide anyone who may have a dispute or claim. The members of the Beis Din remain ready to serve, provide assistance in dispute resolution and promote peace in our vibrant Jewish community.
The goal of this article is to familiarize the community with the Beis Din process, how it works and what it entails. It is the hope of the Vaad HaRabanim to clarify the Beis Din’s procedures and ensure that all community members view it as a useful tool that is available for them if needed.
WHAT IS THE ROLE OF THE BEIS DIN?
The Beis Din of the Vaad HaRabanim of Greater Washington is available for all types of monetary litigation. While certain divisions within the Vaad HaRabanim deal with matters such as kashrus, divorce and conversion, the Beis Din division is specific to monetary law. The Beis Din panel consists of three dayanim (judges) who listen to the claims of both parties and issue a ruling in the case. The dayanim base their judgment upon their expert knowledge of halachah (Jewish law) with a blend of sensitivity and fairness.
WHO SHOULD GO TO THE BEIS DIN?
Any Jew who has a monetary dispute with another Jew or Jewish entity should bring the matter to Beis Din for adjudication, instead of to a secular court. Within the last three years, the Beis Din of the Vaad HaRabanim of Greater Washington has reviewed a wide variety of monetary disputes. In that time alone, over thirty cases have been adjudicated and the Beis Din is currently considering four separate disputes.
Cases that have come before the Beis Din in the past three years include:
- Unpaid bills or services
- Unfulfilled verbal or contractual agreements
- Landlord/tenant disputes
- Inheritance disputes
- Responsibility of damages
- Financial arrangements resulting from divorce or partnership
Anything that involves a monetary dispute between two Jews is within the purview of the Beis Din.
WHAT SORT OF DISPUTE IS WORTHY OF THE BEIS DIN’S REVIEW?
People are often uncertain if their claim is substantial enough to be processed through the Beis Din. If someone is unsure, it is best to discuss the matter with the Mazkir (Secretary) of the Beis
Din to assess whether to proceed with a dispute or claim. More often than not, if someone is considering going to Beis Din, it may have halachic merit.
WHAT DOES THE MAZKIR DO?
The role of the Mazkir of the Beis Din is to handle the process from intake through an eventual hearing and judgment by the Beis Din. If someone has a dispute or monetary issue, they may contact the Mazkir of the Beis Din directly via phone or email. The Mazkir will listen to the assertions and make the determination to either file a claim or take the matter up in another manner.
CAN MATTERS BE SETTLED WITHOUT GOING TO BEIS DIN?
Often a claim or dispute may not make it all the way to a Din Torah (litigation) before the Beis Din. Only about 20% of matters brought to the Beis Din actually proceed all the way to an actual Din Torah process. In many cases, the Mazkir can help facilitate a settlement or other arrangement, agreed upon by all parties, without the need for a hearing before the Beis Din. Disputes often arise between parties who are unable to work the issue out with each other but who benefit from a neutral third party to help work things out.
HOW CAN A CLAIM BE FILED?
Once the Mazkir determines that a claim should, in fact, be adjudicated by the Beis Din, the next phase of the process begins. The Mazkir will then contact the defendant to summon him/her to appear before the Beis Din for a hearing to decide the matter. Once the defendant agrees to participate in the Beis Din process, a Beis Din hearing is scheduled to determine the outcome. If a defendant refuses to comply with the Beis Din process, the plaintiff may be given halachic authority to use other methods of adjudication (as will be discussed below).
WHO SITS ON THE BEIS DIN?
The Beis Din is comprised of many local Rabbanim. Baruch Hashem, there are many outstanding Rabbis in the community who volunteer their time and expertise to participate on Beis Din panels. Currently, over fifteen Rabbanim may be available to take a particular case. Often a plaintiff and/or defendant may have a significant relationship with some, if not many, of the Rabbis in the local community; we are therefore very fortunate to have so many Rabbis available to compose Beis Din panels. With a large selection from which to choose, we are able to choose Rabbanim who are completely impartial, thus maintaining the integrity of the Beis Din process as well as with equality and fairness for both parties.
WHAT ARE THE LEGAL RAMIFICATIONS?
The Beis Din’s decision carries not only halachic importance but has relevance in the secular legal system as well. Prior to any hearing, the Beis Din requires both parties to sign an Arbitration Agreement. This contract is enforceable by the secular legal system, thereby making the Beis Din’s ruling both halachically and legally binding.
CAN A CASE GO TO THE SECULAR COURTS?
As previously discussed, the first step for a Jew vs. Jew dispute should be the Beis Din. Sometimes, however, a case may not end up resulting in a Din Torah. This may occur in the event that one of the parties declines to appear before the Beis Din to adjudicate the matter. In such an instance, the cooperating party may then be given halachic authority to use the secular courts to adjudicate the dispute. There are also cases in which the Beis Din will not involve itself in a dispute: when it concerns matters that are already being handled in the secular courts or in other complex situations that have legal components that preclude the Beis Din from involvement.
In any of these situations, one should consult with their personal Rabbi to determine whether going to secular court is appropriate in their situation.
HOW DO I CONTACT THE MAZKIR OF THE BEIS DIN?
Contact information may be found by clicking here. You may leave a message for the Mazkir by phone or complete the online form. Once a message is left, you may expect a reply within 24–48 hours.
CONCLUSION
The Beis Din is accessible to anyone in the community who needs to settle a dispute or file a claim against another Jew. The process is not as complicated as one may think and the Mazkir is available to advise and guide anyone who may have a dispute or claim. The members of the Beis Din remain ready to serve, provide assistance in dispute resolution and promote peace in our vibrant Jewish community.