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Commercial Custom, Common Law & Contracts Impacted by COVID-19

Which secular law principles might a beis din apply in a contractual dispute arising out COVID-19 and its related circumstances?  Our last post explained when and how minhag hasochrim – commercial custom – might be applied by a beis din when adjudicating contractual disputes.  In this post, we consider which of these secular law principles … Continue reading Commercial Custom, Common Law & Contracts Impacted by COVID-19

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To subscribe to Jewishprudence and receive periodic updates about activities of the Beth Din of America, please enter your email address here:

COVID-19 and Cancelled Rental Contracts

The current novel coronavirus (COVID-19) pandemic has had and will continue to have far reaching economic ramifications.  Within our communities, there have been many cancelled travel plans, institutional dinners, simchos, and the like.  What does halacha say about a rental contract frustrated by a pandemic?  If someone put down a deposit for a Pesach rental … Continue reading COVID-19 and Cancelled Rental Contracts

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Contracts and COVID-19

When a highly unexpected event happens, a party’s contractual obligations may become difficult, unprofitable or impossible to perform. The Beth Din of America hosted a webinar on April 28, 2020, exploring the extent to which contractual obligations are modified or suspended in light of a pandemic such as COVID-19. In “Cancelling Contracts Due to Pandemics: … Continue reading Contracts and COVID-19

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To subscribe to Jewishprudence and receive periodic updates about activities of the Beth Din of America, please enter your email address here:

Published Procedural Letter: Zabla Panels

Our previous post discussed the pitfalls of zabla proceedings. Because these problems are exacerbated when to’anim serve on the panel, the Beth Din of America will not allow a litigant to initiate a zabla by selecting a to’en as his or her borrer. As we noted in an earlier post discussing the hazmanah process, when … Continue reading Published Procedural Letter: Zabla Panels

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What to Do When You and Your Adversary Can’t Agree on a Beit Din

Ideally, parties to a dispute would agree to litigate at an established and reputable beit din. The beit din would then empanel a group of expert dayanim (arbitrators) to hear the case. Practically, however, the din torah process can get stalled when parties fail to agree on a beit din—when each party rejects the other’s … Continue reading What to Do When You and Your Adversary Can’t Agree on a Beit Din

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To subscribe to Jewishprudence and receive periodic updates about activities of the Beth Din of America, please enter your email address here:

Recovering the Costs of Litigation in Beit Din

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

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Published Decision: When Has a Neighbor Waived His Right to First Refusal?

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?