Community Magazine November 2003

Understandably, irrespective of the final ruling, none of the parties walk away feeling that justice was served… typical of the legal system in this country. As many of us have come to recognize, the American justice system is infamously tedious, untimely and expensive. Litigants dread the system, and in many cases they are ready to accept finan- cial loss or an unjust settlement just to avoid the lengthy process of court proceedings. The courthouses are overflowing with more cases than they can handle, filing fees and costs associated with just opening the case runs into the thousands of dollars, and the judg- ments themselves are often based on technical anomalies. We suffer this inconvenience simply because we believe there are no other viable options. But there is an alternative, one that predates the American system by several millennia- Beit Din (Jewish Court). Based on the principles and ethics of our Torah, Halachah is the body of Jewish Law with which all cases are evaluated. The court consists of a panel of three judges who delve into the vast sea of the Halachah for a p’sak (ruling). The Beit Din is established under the authority of theAmerican justice system as arbitrators, which means that all parties involved agree to accept Beit Din’s ruling before- hand, and the final verdict can therefore withstand in American courts. The difference is that Beit Din provides their decisions in a fraction of the time, and the costs are negligible in contrast. However it’s not only about the practical benefits. Saving time and avoiding exorbitant lawyer fees are not the only advantages. Submitting a case to a Jewish Beit Din is a fundamental obligation from the Jewish code of law. The Shulhan Aruch writes that one must subject himself to the Jewish legal authority of his town and is forbidden to seek judgment and legal action from secular courts. Yet despite the stern admonition regarding the use of secular courts, even pious well meaning Jews are sometimes errant in this matter. In the times where Beit Din had full authority and was fully recognized by the court of the land, if someone went to a sec- ular court he was put into Herem, quarantine. The Ben Ish Hai was granted this type of full power by the government, and was even given authorization to order and administer punishments. Today there are no Batei Dinim with this level of authority, yet they are still a reliable Halachically correct way of resolving a dis- pute. Although present in many areas with large Jewish populations, the establishment of a Beit Din in all Jewish communities as sanc- tioned by the Torah remains an unfulfilled objective. Even in areas with well established and respected Batei Dinim, like New York, widespread utilization among observant Jews remains rather low. Many indeed wish to bring their cases to Beit Din, but hesitate because of what they think is a strenuous and intimidating process. In actuality it is simple, especially considering the alternative. Before a case is tried in Bet Din the dissenting parties each commission a “Toen Rabbi,” to argue their case before a panel of three judges, a minimum required by Halachah for a hearing and to warrant a pass of judgment. Similar to the appointment of an 26 COMMUNITY MAGAZINE s ” xc B Y M A R K G A D E H Joe enters a contract committing him to sell his house to Sam, his Jewish neighbor. Before consummating the deal, a broker claims to have negotiated the sale and demands to be compensated before lifting an injunction he has placed on the transaction. The three parties involved spend tens of thousands of dollars, neither Joe or Sam can move to a new home for three years, and both suffer other extensive collateral damages by the time the case is settled. Trials of Error