Shabbat Parashat Bereishit | 5769
The Rabbanut Court System as a Set Court
(based on Halacha Psuka, vol. 47- A Condensation of a P’sak by the
Case: One of the litigants, who lives in Beit Shemesh, wants a matter adjudicated at the Eidah Chareidis of
Ruling: In this case, it is irrelevant who is the plaintiff and who is the defendant based on the following source (Shulchan Aruch, Choshen Mishpat 3:1): “Three can judge a person against his will … if the defendant refuses to appear before the court or does not want to adjudicate in their city. However, if he wants to adjudicate in their city but does not want the three judges that the plaintiff chose, then each one chooses one judge.” The Rama adds: “It seems to me that this is true only when the dayanim are not set, but if there are set dayanim in the city, one cannot say: ‘I will not adjudicate before them but I want to choose one.’ And this is the practice in our town.” We see from the Rama that when there is a set beit din in the city, that beit din should be used.
The next question is what constitutes a beit din kavua (set court). The
It is true that beit din allows a defendant to say that he belongs to a certain local subgroup within the Jewish community. However, this is when it is clear that his request is not based on ulterior motives. In our case, the situation is different for two reasons. 1) The Eidah Charedis constitutes a separate subgroup only in
Therefore, the case shall be heard in the Regional Rabbinical Court of the
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Hemdat Yamim of this week
R ' Meir ben Yechezkel Shraga Brachfel
Hemdat Yamim is endowed by Les & Ethel Sutker of
and Louis and Lillian Klein, z”l.