Community Magazine November 2003

HESHVAN 5764 NOVEMBER 2003 27 s ” xc attorney, the “Toen” is someone learned in the laws, and is quali- fied to debate his client’s objective in trial. The case commences; the disputants present their positions along with the help of the Toen, and the sitting Dayanim (Judges), ask the questions neces- sary to mediate to an impartial, Halachically backed p’sak (ruling). To help further demystify the procedures regarding Beit Din, Hacham Asher Hachuel, Ab Beit Din (Chief Justice) of the Sephardic Beit Din of Brooklyn, answered a few common ques- tions about the system. Q. What is standard procedure to handling a case in Beit Din? A. We hear both sides of the case; the claims, and counter claims. We verify the proofs and investigate the allegations. If neces- sary the appropriate professionals are consulted (e.g. doctors, psychiatrists, real estate appraisers). After all have made their argument we decide on a p’sak. Q. Will those with only a basic knowledge of Jewish law be at a disadvantage in Beit Din? A. No. The Toanim Rabbis, advise and coach their clients. They inform their clients on their rights and merits based on their knowledge of Halachah, and with consideration to the law of the land. (“Dina D’malchuta Dina”) Q. What status does a Beit Din ruling hold with regard to the sec- ular justice system? A. Based on the arbitration contract that is signed by both parties in advance, the p’sak from Beit Din is enforceable by secular courts. There have been instances where the losing party attempted to appeal the case to a secular judge, and was sent back to Beit Din by the judge himself. Q. Are there circumstances where a Jew may bring a case to sec- ular court? A. Generally no, but it is at the discretion of Beit Din. Sometimes, depending on the case he may be allowed, but only with Beit Din’s consent. Q. In Israel today there is a secular court system as well as a reli- gious Beit Din. Although the judges of Israel’s secular courts do not base their rulings on the Torah, they are nonetheless Jewish. Similarly in the U.S. there are many Jews serving on the judicial bench. Is the repudiation still pertinent in these instances? A. Yes. The restriction is not specific to non-Jewish judges, but refers to any legal system that is not governed by the laws and principles of Halachah. Q. The Shulhan Aruch writes on this subject that if one goes to sec- ular courts it is considered as if he cursed Hashem and has no portion in the World to Come. Does this apply now even in the modern day? A. Yes. The transgression is as abominable in the present. 1160 3RD AVENUE NEW YORK, NY 10021 212-794-7200 24 Hour Toll Free Helpline Free Delivery Insurance Consultant on Staff Lowest Prices on Fertility Drugs SPECIALIZING IN FERTILITY DRUGS