Beth Din

Beth Din (also beit din or bet din), from the Hebrew, meaning literally house of judgment, is the term applied to a rabbinical court that consists of at least three dayanim, or judges. Judaism traces the origin of battei din (the plural form) to the biblical account of Moses appointing elders to help judge and govern the people. A hierarchy of courts arose during the rabbinic period to deal with both civil and religious law. The beth din never again possessed the importance it held during the Second Temple period, but throughout the [Page 336]Diaspora, battei din were established. In the 21st century, Jews use these religious courts voluntarily to arbitrate disagreements within the community, to oversee conversions, and to validate or nullify marriage and divorce. During the Temple and Mishnaic period, a three-court system was in place. At the local level, the beth din consisted of three judges who received their authority from the heads of the academies or from the patriarch. These judges had authority over civil and religious matters. A beth din ruling was required for the conversion of non-Jews, for the release from vows, for exemption from the law annulling debts in the sabbatical year, for exception to the law requiring the release of slaves after six years, and similar issues, including all matters that required the payment of fines.

While almost all towns had a beth din of the lowest level, only towns with a population greater than 120 had a higher court, sometimes called the small Sanhedrin, comprised of 23 judges who were authorized to hear criminal cases. Their jurisdiction ranged from cases that might appear to belong to the lower beth din, such as slander, but that might result in criminal sanctions (as with slander of unchasteness) to capital cases.

The highest court was the Great Beth Din, called the Sanhedrin. Comprised of 70 judges, the Sanhedrin was the supreme court, the source of final authority for the making and interpretation of law. Some crimes such as the uttering of false property or the corruption of an entire town could be heard only by this highest court. Some death penalty cases such as against the rebellious son, the enticer of idolatry, and false witnesses required confirmation by the Sanhedrin before the sentence could be imposed. The Sanhedrin also appointed the judges of the lower courts.

The beth din reached the height of importance during the Second Temple period (530 b.c.e.–70 c.e.). The prophet Ezra, who is connected closely with the restoration of Mosaic Law and the study of the Torah, is credited with its establishment. It was he who decreed that a beth din be set up in all populated centers. After the destruction of the temple in 70 c.e., the beth din at Yavneh, established by Yochanan ben Zakkai, became the national and religious center of Judaism. References in the Talmud indicate that local battei din continued to be active in this period.

Even as the hierarchical court structure disintegrated, the need for the beth din continued. The Jewish community continued to avoid secular courts to settle disputes. The autonomy of the beth din varied according to location. In Spain, Jewish courts were authorized by the king, and, in some cases, given criminal jurisdiction. The Council of the Four Lands, similar to the Sanhedrin of earlier times, was granted authority over Poland's large Jewish population. From 1580, perhaps earlier, until 1765, the council regulated Jewish social, economic, and religious life. Emancipation in the 18th century granted greater civil rights to Jews, but the authority of Jewish courts was largely limited to ecclesiastical matters such as synagogue procedures, life events, and kosher food.

...