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ZABLA Panels and Courts

Much has been written about the potential benefits and pitfalls of convening an ad hoc “ZABLA” panel whereby each litigant chooses one dayan (Jewish law judge), known as a borer (rabbinic arbitrator) and the two borerim in turn select a third dayan, typically referred to as the shalish (literally, “third”), to round out the rabbinic panel.

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

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

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

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

Which secular law principles might a beis din apply in a contractual dispute arising out of 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 … 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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Pesharah vs. Din

Jewish law prescribes two different methods for courts to resolve disputes: din (strict judgement according to the letter of the law) and pesharah (court-imposed settlement). Under din, courts are instructed to decide cases by applying the substantive halakhot of Jewish civil law to the dispute at hand. Under pesharah, courts are instructed to resolve disputes by imposing a reasonable and fair settlement on the parties…

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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