If two Jewish people are stuck in a monetary dispute that they cannot resolve on their own, Instead of letting the relationship sour and get emotional, the best course of action is to resolve it through the help of an objective third-party. The Torah prohibits them from seeking resolution via non-Jewish courts; the correct forum for resolving all monetary matters is in a Jewish court, a Bet Din, which functions according to Torah law. For more basic info, see this guide.
Badatz Meorot HaMishpat is one such forum. Below are the rules and procedures for opening a case and seeking resolution.
Rules and Procedures
Sending a Hazmana
- Upon opening a case, if both parties are not approaching the Bet Din together, the Bet Din sends a summons, a Hazmana, to the defendant instructing him to appear before the Bet Din to resolve the matter at hand at a proposed date, time, and location.
- Upon receiving a Hazmana, the defendant has seven business days to respond.
- Valid responses include:
- Agreeing to the proposed arbitration date and time,
- Proposing or requesting a different date and time within a reasonable time frame of 30 days from the Hazmana,
- or disclosing pursuit of dispute resolution via another Bet Din that is deemed competent by Meorot HaMishpat. Other competent Batei Din include but are not limited to: The Beth Din of America, Badatz Mekor Haim of Queens, VHQ Beis Din, and Bais HaVaad.
- All communications between parties and the Bet Din must be made via email with all involved parties. Ex parte communication will not be tolerated.
- If the defendant accepts the Hazmana, the Bet Din will schedule a hearing and circulate a binding arbitration agreement for both parties to sign.
- Failure to respond to a Hazmana in a timely fashion (seven business days) may result in another Hazmana, potentially lead to a Heter Arkaot – permission to go to secular court – and a Siruv declaring the party uncooperative. The Bet Din will determine the right time and manner to proceed with each of these matters, including publicizing the matter in any way it see fit.
- If one party refuses to attend the proceedings once there is a signed agreement to arbitrate in the Bet Din, then, after reasonable notice, the proceedings will continue regardless of that party’s lack of participation.
The Dayan (judge or arbitrator)
- The Bet Din will provide a Dayan (judge or arbitrator) from its list of approved Dayanim.
- All Dayanim who sit on monetary cases are competent in dealing with them according to Jewish law. They reserve the right to discuss anonymized details of the case with professionals in the field of business the dispute is based in for further context and understanding with care and sensitivity.
- The parties will be notified of the identity of the chosen Dayan within a reasonable time prior to the hearing to allow them accept or challenge the neutrality of any of the chosen Dayanim. The chosen Dayanim must also disclose any conflict of interest in serving as an arbitrator for the parties.
- Should a Dayan become unable to perform his responsibilities before the conclusion of the proceedings and delivery of the Pesak for whatever reason, such as but not limited to resignation, refusal, or death, the Bet Din will declare his position vacant and fill it with another capable Dayan. At that point, it will be determined to what extent the hearing needs to be repeated if at all.
The Din Torah (hearing)
- Hearings can take place in person in the Bet Din or via video conference.
- All hearings are recorded and kept for internal records.
- Small claims are heard by a single Dayan (judge or arbitrator). Claims larger than $10,000 are heard by three Dayanim. If the parties request a single Dayan for a large claims case or a panel of three Dayanim for a small claims case, their request will be respected.
- Each hearing begins with the Dayanim and each party introducing itself and disclosing any relationships with the parties or their families. The claimant presents his claims, and the parties go back and forth until all claims and evidence are exhausted.
- The Dayan will hear and question both sides.
- A small claims hearing usually takes an hour or two in a single hearing, with each party presenting its arguments and evidence until all claims are exhausted. Both parties must appear together, or it would be ex parte and invalid according to Jewish law.
- The defendant may present counterclaims, and the Bet Din will weigh whether or not they are relevant to the issue at hand or would require their own separate hearing.
- Each party must remain silent while the other side presents its arguments. A respectful, mature decorum is demanded of all parties. Each party will have a chance to respond when the other party finishes making its claims. The Dayanim will make sure that each party is fully heard.
- The Bet Din does not provide parties with legal counsel. Each party may bring an attorney licensed to practice in the United States but not a To’en Rabbani (rabbinic advocate). The Bet Din reserves the right to exclude attorneys who do not behave properly from participating. A party that does not attend the proceedings with an attorney shall be deemed to have waived his right to counsel for that proceeding.
The Pesak (Decision)
Methodology:
- The Bet Din will rule based on Din (strict Torah law) or Peshara, a court-imposed or mediated settlement that aims for a fair and reasonable outcome, based on what Yosher (integrity) dictates. For more details, see here and here.
- Jewish law sometimes incorporates common business practices and civil law by function of Minhag HaSochrim and Dina DeMalchuta Dina.
Timing and Delivery
- Timing: After the hearing, the Dayan will have two weeks to render a decision, barring unforeseen circumstances or upcoming holidays.
- Delivery: Decisions are delivered via email and physical mail.
Fairness
- Cases are not decided based on religious levels of the parties, financial or social status, or gender.
- Non disclosure and confidentiality: All communications are kept confidential within the Badatz Meorot HaMishpat and its consultants. That does not bar the Bet Din from including both parties on emails sent without from one without including the other. The Bet Din itself does not disclose details of its cases or parties that seek its services to the public. We may anonymize the pesak by changing minor details and removing all names should we decide to publish it in a Torah publication or on our website as a sample of our work.
- Review: All rulings and verdicts are subject to review by the Nasi (president) of the Bet Din.
Legally Binding
- The Bet Din‘s awards are legally binding and enforceable in civil court as per federal arbitration law.
Fees
- $50 Hazmana filing fee.
- Hearings: $150 per hour per Dayan per side.
- Post hearing: in the event that there are many documents that need to be reviewed over the course of more than two hours, the Bet Din reserves the right to charge an additional $100 per hour per dayan per side.
- The Hazmana fee and one hour of hearing retainer are to be remitted prior to any Hazmana being sent for a small claims case. Large claims case require a three hour retainer. Post hearing fees will be determined by the Bet Din upon conclusion of the hearing.