Beit Din and Dayanim: Difference between revisions
From Halachipedia
→Cases can Bet Din judge according to the Strict Law
m (Text replacement - ". <ref>" to ".<ref>") |
|||
| Line 8: | Line 8: | ||
==Cases can Bet Din judge according to the Strict Law== | ==Cases can Bet Din judge according to the Strict Law== | ||
# Nowadays the Bet Din, or Jewish court, can’t judge according to the regular monetary laws in cases where (1) there is no monetary loss, (2) are uncommon, (3) involve the primary payment for bodily injuries due to bodily damages, or (4) are a penalty disproportionate with the value of the damage.<ref>Gemara b”k 84b, Tur and S”A CM 1:1 </ref> | # Nowadays the Bet Din, or Jewish court, can’t judge according to the regular monetary laws in cases where (1) there is no monetary loss, (2) are uncommon, (3) involve the primary payment for bodily injuries due to bodily damages, or (4) are a penalty disproportionate with the value of the damage.<ref>Gemara b”k 84b, Tur and S”A CM 1:1 </ref> | ||
## No | ## No monetary loss: If a person hits his friends and embarrassed him bet din can’t enforce a payment since there’s no monetary loss to the victim.<ref>Tur CM 1:1, Sama CM 1:5</ref> | ||
## Uncommon: If one animal gores another animal bet din can’t enforce a payment since it is uncommon.<ref>Rambam Sanhedrin 5:9, S”A CM 1:1</ref> Yet, if an animal damages in a common way either by consumption of property or by its movement or walking, bet din can collect a payment.<ref>S”A CM 1:3 writes that bet din can collect for shen and regel since these are common.</ref> | ## Uncommon: If one animal gores another animal bet din can’t enforce a payment since it is uncommon.<ref>Rambam Sanhedrin 5:9, S”A CM 1:1</ref> Yet, if an animal damages in a common way either by consumption of property or by its movement or walking, bet din can collect a payment.<ref>S”A CM 1:3 writes that bet din can collect for shen and regel since these are common.</ref> | ||
## Bodily Injuries due to bodily damages: If a person hits his friend the bet din can’t enforce any payment for the primary payment for the bodily injury, embarrassment, and payment for pain, but bet din can enforce payment for medical bills and compensation for work loss.<ref>S”A CM 1:2. Sama 1:12 adds that according to the Rambam medical bills and work loss can be collected even in a uncommon case, such as if one’s hand was cut off, since the category of bodily injuries is common. </ref> Some argue that bet din can’t judge any payments for bodily injury but can force the damager to appease the victim.<ref>Rama CM 1:2</ref> | ## Bodily Injuries due to bodily damages: If a person hits his friend the bet din can’t enforce any payment for the primary payment for the bodily injury, embarrassment, and payment for pain, but bet din can enforce payment for medical bills and compensation for work loss.<ref>S”A CM 1:2. Sama 1:12 adds that according to the Rambam medical bills and work loss can be collected even in a uncommon case, such as if one’s hand was cut off, since the category of bodily injuries is common. </ref> Some argue that bet din can’t judge any payments for bodily injury but can force the damager to appease the victim.<ref>Rama CM 1:2</ref> | ||
| Line 15: | Line 15: | ||
# Someone who verbally embarresses his friend is put in excommunication until he appeases his friend.<ref>S”A CM 1:6</ref> | # Someone who verbally embarresses his friend is put in excommunication until he appeases his friend.<ref>S”A CM 1:6</ref> | ||
# Summary: Bet Din can judge cases of loans, admissions of obligation, gifts, inheritance<ref>S”A CM 1:1</ref>, bodily injury<ref>S”A CM 1:2</ref>, property damages, theft<ref>S”A CM 1:3</ref>, conversions, and divorce<ref>Sama 1:3 explains that we judge conversions and divorce even though even aren’t monetary because of their particular importance to Jewish society.</ref> | # Summary: Bet Din can judge cases of loans, admissions of obligation, gifts, inheritance<ref>S”A CM 1:1</ref>, bodily injury<ref>S”A CM 1:2</ref>, property damages, theft<ref>S”A CM 1:3</ref>, conversions, and divorce<ref>Sama 1:3 explains that we judge conversions and divorce even though even aren’t monetary because of their particular importance to Jewish society.</ref> | ||
==Enforcing paymen for Penalties== | ==Enforcing paymen for Penalties== | ||
# Even payments which bet din can’t judge today, according to the rules set above, bet din can force a defendant to appease his plaintiff and if he doesn’t do so they can excommunicate the defendant.<ref>S”A CM 1:5</ref> As long as the defendant pays close to the amount of the loss bet din will remove the excommunication.<ref>Sama 1:17</ref> | # Even payments which bet din can’t judge today, according to the rules set above, bet din can force a defendant to appease his plaintiff and if he doesn’t do so they can excommunicate the defendant.<ref>S”A CM 1:5</ref> As long as the defendant pays close to the amount of the loss bet din will remove the excommunication.<ref>Sama 1:17</ref> | ||
