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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?

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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:

Beit Din Procedure: How Does a Beit Din Acquire Jurisdiction to Hear a Case?

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?

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Sharing Brokerage Commissions in the Absence of a Compensation Agreement

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

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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:

Introducing Jewishprudence: Thoughts on Jewish Law and Beth Din Jurisprudence

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