Beth Din

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Beth Din ( Hebrew בֵּית דִּין Bet Din , Beth Din or Beit Din , Ashkenazi Beis Din , literally 'House of Justice'; pl. בָּתֵּי דִּין Bate Din , Batte Din , Batei Din or Battei Din ) is a Hebrew term for a judicial body .

In a broader sense, Bet Din in Israel means a special court alongside ordinary and administrative jurisdiction. The special jurisdiction includes religious courts (בתי דין דתיים) for Jews , Muslims , Druze , Christians and Baha'i , military courts (בתי דין צבאיים) and labor courts (בתי דין לעבודה).

In a narrower sense, Bet Din means a Jewish court ( rabbinical court ). It decides according to Jewish law ( Halacha ) and usually consists of at least three rabbis ; A single judge (Mumche) can decide in money matters .

Jewish jurisdiction

In Israel , the rabbinical courts today mainly deal with questions of personal status, i.e. membership of Judaism (including conversion ), family law (such as marriage / divorce or adoption ) and inheritance law. According to a decision by the state Supreme Court , the rabbinical courts in Israel cannot also be used as arbitration courts . There are twelve courts of first instance (from north to south in Safed , Haifa , Tiberias , Netanya , Ariel , Tel Aviv , Petach Tikwa , Rechovot , Ashdod , Jerusalem , Ashkelon and Be'er Sheva ) and one appeals court in Jerusalem ( Hebrew בית הדין הרבני הגדול לערעורים). The judges are called dayanim ( Hebrew דיינים \ דַּיָּנִים) designated. In other countries with religious law cleavage and recognition Jewish law (. Eg Morocco , Iran ) decide state courts.

In countries without recognition of Jewish law, a Bet Din is usually a court of arbitration on religious issues. There are different orders, such as B. a Landes-Beth Din or a Europa-Beth Din. The courts of arbitration at the Central Council of Jews in Germany are no batte din .

The different Jewish religious currents institutionalize their own Batte Din . The orthodox currents do not recognize the decisions of the non-orthodox currents of Judaism. Conversely, the non-Orthodox currents of Judaism fully recognize the decisions of the Orthodox Batte Din . Women cannot become judges in Orthodoxy, since they are not admitted to the office of rabbi; however, more recently they have also been appointed as advisory members.

history

For a long time the Sanhedrin (High Council) was the supreme Jewish religious and political authority and at the same time the highest court. In the year 70 the Jerusalem temple was destroyed by the Romans. Rabbi Jochanan ben Sakkai received permission from the Roman occupation authorities to move the seat of the High Council to Jawne . There he set up a Bet Din, which was also called the Sanhedrin. This was responsible for the authority to regulate the calendar . The chairman of the Bet Din had the title Nasi , the representative Av Beth Din . Both were considered wise .

Small communities with fewer than 120 citizens had Batte Din with three judges (Dajan, pl. Dajanim), whose jurisdiction was limited to civil and personal status law. 23 judges had to meet for (serious) criminal cases (small Sanhedrin). This was compulsory for communities with more than 120 inhabitants. The judges were ordained by the Semicha , which gave them the authority to make valid decisions on questions of the religious law, the Halacha .

literature

Web links

Batte Din in Israel
Batte Din in Germany and Austria
further batte din

Individual evidence

  1. ↑ cf. Palestine Order-in-Council (1922), Art. 51
  2. ↑ Markus Gick: The ECHR and Israel (2019), pp. 63-67
  3. ↑ חוק שיפוט בתי דין רבניים (נישואין וגירושין) , תשי״ג –1953
  4. ↑ Amir v. The Great Rabbinical Court, Jerusalem , April 6, 2006 (HCJ 8638/03)
  5. ↑ חוק הדיינים , תשט״ו –1955
  6. ↑ Code de la famille, Art. 2 ( French / Arabic )
  7. ^ Constitution, Art. 13
  8. ^ Franziska Hötte: Religious Arbitration (2013)
  9. ^ Central Council of Jews: Arbitral awards for Jewish communities