Rabbinic Law.

How Rabbinic Courts should NOT work: three contradicting judgments.

© 2000 by Dr. Henri Rosenberg.

Under Jewish Law all disputes between Jews should be dealt with before a Beis Din (= Rabbinical Court) [Click here for further details].  One such Rabbinical Court is that of Rabbi Nissim KARELITZ in Bnei Brak (Israel). This Beis Din has in the past been praised for being incorruptible and therefore advisable for resolving commercial disputes in a fast and honest matter.

However I have encountered three successive and contradicting judgments of this Beis Din, which were widely wallposted in Bnei Brak.

The three judgments were produced in Israeli secular Courts and must have caused an immense Chilul Hashem, evidencing the non-professional way in which such Beis Din are operating.

Our chareidishe  Batei Din are the first to criticize and point at the corrupt secular Courts. They should at least make sure that their own decisions and trials do  not turn into a mockery.

Judges must study a few years law and the practice of law before they are able to become Judges. State-appointed Dayanim in Israel too. Therefore their judgments are well-motivated often publicized  and can be appealed in a higher Court and ultimately even before the (secular)  High Court of Justice. At least proceedings and judgments of state-appointed Dayanim are seen to be on a professional level and they often are of a professional level. Chareidi Batei Din, which tend to look down on both Dayanim and secular Courts are on the contrary seen to make a mockery of justice. Their Psak Din very often do not mention any ground on which the decision is based and the legitimate right of any party to a Din Toire to get the answer on his question "meheichon dantoni?" is constantly violated. [Click here for further details]

The example below of a reputable Bnei Brak Beis Din is confirming this sad reality.


Content: [Home] [Law Firm][Zachor] [Curriculum vitae] [Articles] [Thoughts] [Rabbinic Law]  [Legal Opinions] [Causes célèbres]  [In Memoriam P. Speyer]   [Law Links] [Jewish Law Links][Responsa Library]  [VIP Photo Gallery] [Honours & Awards] [Legal Fees] [Ethical Topics] [Lawyer Jokes]

Homepage Consistoire Benelux.

Webmaster: hrosenberg@lexplusultra.com