Call Us Today for a Free Consultation: 516.569.3030
Beth Din
Novak Juhase & Stern, LLP is one of a handful of law firms in the United
States representing clients in orthodox rabbinical courts or Beis Din.
Frequently Asked Questions:
Q: What is a Beth Din or Beis Din?
A: A Beis Din is an arbitration panel usually comprised of three rabbis who adjudicate
disputes according to halacha or Jewish law. In New York City and Lakewood there are
sitting Batei Din which are run by different Orthodox groups ranging from Hasidic to
Yeshivish-Lakewood to Modern Orthodox run by the RCA. In many very contentious
Beis Din disputes the parties cannot agree on an established Beis Din so they create
an ad hoc Beis Din which are chosen via zablah. In zablah, the three member panel is
selected as follows: each side selects his/her representative, and the two representatives
mutually select a third member. A Beis Din selected via zablah or an established one will
adjudicate disputes either under the rules of (a) pashara or compromise or (b) p’sak din,
though most Batei Din prefer pashara. If you fully understand where they are coming
from, you will less disappointed when even the best cases are only awarded a portion
of the real claim. I have confirmed this time and again with Dayanim and well know
pos’kim.
Q: Do I still need to do anything to assure the p'sak, ruling, will be upheld in a U.S. Court of Law?
A: Even after you get your favorable p’sak din you still have to hire a lawyer to confirm the
award in court just like any other arbitration award.
A: Even after you get your favorable p’sak din you still have to hire a lawyer to confirm the
award in court just like any other arbitration award.
Q: Does a Beis Din have to explain its award?
A: No. Many arbitrators never explain their awards either. A monetary award without any explanation is very hard to over-turn.
A: No. Many arbitrators never explain their awards either. A monetary award without any explanation is very hard to over-turn.
Q: How fast must I complain?
A: It is best to ask a court to set aside a bad award within 30 days of receiving the written award. However the winner has just one year to ask a court to confirm the award and thereby change a monetary p’sak din into an official judgment. The loser can oppose this confirmation process after the winner starts his action within the first year. After the year is out, then the loser is home free and the winner has forever lost his right to collect.
A: It is best to ask a court to set aside a bad award within 30 days of receiving the written award. However the winner has just one year to ask a court to confirm the award and thereby change a monetary p’sak din into an official judgment. The loser can oppose this confirmation process after the winner starts his action within the first year. After the year is out, then the loser is home free and the winner has forever lost his right to collect.
Q: What are the grounds for over-turning a Beis Din award?
A: Very few attacks on a Beis Din award are successful. Even if the award makes no sense, the New York courts will uphold and confirm the p’sak din. We have only had one such p’sak din ever thrown out by the court. (click to view)
A: Very few attacks on a Beis Din award are successful. Even if the award makes no sense, the New York courts will uphold and confirm the p’sak din. We have only had one such p’sak din ever thrown out by the court. (click to view)
Q: Will a Beis Din respect a female businesswoman?
A: Hard to tell. If anyone feels the Beis Din is not treating them fairly they must stop the proceeding and seek court intervention. You cannot just go through the process and be angry and then ask to court to throw out an unfavorable award.
A: Hard to tell. If anyone feels the Beis Din is not treating them fairly they must stop the proceeding and seek court intervention. You cannot just go through the process and be angry and then ask to court to throw out an unfavorable award.
Beth Din Decisions of Interest (click to view)
|
|
| ||||||||||