Beit Din and Dayanim: Difference between revisions

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* [http://www.yutorah.org/halacha/jewish-law/beit-din/ YUTorah Shiurim]
* [http://www.yutorah.org/halacha/jewish-law/beit-din/ YUTorah Shiurim]
* [https://bethdin.org/ Beth Din of America]
* [https://bethdin.org/ Beth Din of America]
* [http://www.rabanut.org.il/index.php?option=com_content&view=article&id=111&Itemid=95 Israeli Chief Rabbinate Beit Din for Monetary Disputes]
* [http://www.badatzqueens.org/ Badatz Mekor Chaim, Queens (HaRav Eliyahu Ben Chaim)]
* [http://www.businesshalacha.com/en/page/arbitration Business Halacha Beis Din]
* [http://www.businesshalacha.com/en/page/arbitration Business Halacha Beis Din]
* [http://www.badatzqueens.org/ Badatz Mekor Chaim, Queens (HaRav Eliyahu Ben Chaim)]

Revision as of 20:50, 26 June 2016

Semichah and Cases a Beit Din May Judge

Up until the times of the Tannaim and Amoraim, Dayanim could be granted Semichah as a certification to judge cases involving Kenas, such as Chatzi Nezek and Kefel.[1] Semichah was transmitted Rebbe to Talmid from Moshe Rabbeinu and on until R' Yehudah Ben Bava.[2] There was an additional license to judge known as Reshut, granted by the Nasi in Eretz Yisrael and the Resh Galuta in Bavel. Reshut enabled a Dayan was license bring litigants to court against their will, and it also served as insurance, exempting judges who who erred in their rulings from reimbursing the losing party. [3] What we colloquially refer to as "Semichah" nowadays is, in fact, neither of these, but, rather, "Hetter Hora'ah Bifnei Rabo." That is to say, that even if one arrives at the level of Mumcheh, he still may not voice a Halachic opinion within a certain proximity of his Rav Muvhak. Only when his rebbe grants him Semichah may he pasken regularly. [4]

Related Pages

Sources

  1. Shulchan Aruch Choshen Moshpat 1
  2. See Sanhedrin 14a
  3. Sanhedrin 5b
  4. Shu"t HaRivash Simah 271, cited by SMA Choshen Mishpat 1:9, Eretz HaTzvi pg. 225

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