Parties to a din torah frequently ask the Beth Din to award attorney’s fees. This post discusses the extent to which Jewish law requires litigants to bear the costs of their own litigation and under what circumstances the Beth Din is empowered to reallocate those costs and award attorney’s fees to the prevailing party. In … Continue reading Recovering the Costs of Litigation in Beit Din
Mizrahi v. Ben-David (an anonymous decision posted today on the Beth Din’s website) involves a dispute over a neighbor’s right to purchase an abutting property. This post provides an overview of the case, its halakhic background, and a summary of the dayanim’s analysis. 1. The Law of the Abutter Jewish law provides an abutter with … Continue reading Published Decision: When Has a Neighbor Waived His Right to First Refusal?
Our previous post discussed the crucial role of the arbitration agreement in granting the beit din jurisdiction to hear a case. The present post discusses the hazmana process leading up to the arbitration agreement. When a claimant wishes to summon a party to beit din, he or she can open a case at the Beth … Continue reading Beit Din Procedure: The Hazmana Process
This post discusses the significance of the arbitration agreement and how a beit din acquires jurisdiction to decide a case. Jewish law requires parties to settle their dispute in beit din. Generally, a given beit din has jurisdiction under Jewish law to hear a case if one of three conditions is met. The first is … Continue reading Beit Din Procedure: How Does a Beit Din Acquire Jurisdiction to Hear a Case?
What kind of compensation is a worker entitled to if he or she never worked out a compensation agreement with his or her employer? Schiff v. Chester (an anonymized decision posted today on the Beth Din’s website) is a case of two real estate agents who worked together to procure properties but never discussed with … Continue reading Sharing Brokerage Commissions in the Absence of a Compensation Agreement
One of the features of Jewishprudence is the posting of actual psakim (decisions) issued by the Beth Din of America. Because proceedings before the Beth Din of America are confidential, psakim are published only after the names of the parties and other identifying information have been changed, and only after we obtain consent from the … Continue reading Regarding Psak Anonymization
We are excited to launch Jewishprudence: Thoughts on Jewish Law and Beth Din Jurisprudence. While most of the work of the Beth Din of America takes place behind the closed doors of the courtroom and in dayanim’s private chambers, Jewishprudence is an attempt to bring the work of the Beth Din to the public. Jewishprudence … Continue reading Introducing Jewishprudence: Thoughts on Jewish Law and Beth Din Jurisprudence
Rabbi Schwartz, a leading authority in Jewish law, was the rabbi of the Young Israel of Boro Park for 18 years, and previously held pulpits in Rhode Island, New Jersey and Pennsylvania. He has served as Av Beth Din of the Beth Din of America since 1991. He is the author of two books and … Continue reading Rabbi Gedalia Dov Schwartz
Av Beth Din
Rabbi Willig is the Rabbi Dr. Sol Roth Professor of Talmud and Contemporary Halachah and the Segan Rosh Kollel of the Kollel L’Horaah Yadin Yadin at the Rabbi Isaac Elchanan Theological Seminary (RIETS), an affiliate of Yeshiva University. Since 1974, he has been the rabbi at the Young Israel of Riverdale in Riverdale, New York. … Continue reading Rabbi Mordechai Willig
Segan Av Beth Din
Rabbi Reiss is the Av Beth Din of the Chicago Rabbinical Council, a Rosh Yeshiva at RIETS, and Chaver Beth Din at the Beth Din of America. A Yadin Yadin musmach of RIETS and an attorney who was an associate for six years at the international law firm of Cleary, Gottlieb, Steen & Hamilton, Rabbi … Continue reading Rabbi Yona Reiss
Chaver Beth Din