Jewish Law
Case Summaries
-- Bet Din
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Bet Din
- Isaacs v. Beth Hamedash Society
- Cooper v. Weisblatt
154 Misc. 522 (1935)
- Din torah not an arbitration (dicta).
- Cabinet v. Shapiro
86 A.2d 314, 17 NJ Super 540 (1952)
- Decisions of church tribunals on religious matters must be accepted by legal tribunals
as final and binding.
- See this case in KASHRUT section, as well.
- Katz v. Uvegi
- Bet Din proceedings void because were held on Sunday in violation of law and because of
refusal to call witness.
- Congregation B'nei Sholom v. Martin
382 Mich. 659, 173 N.W. 2d. 504 (S. Ct Mich. 1969)
- Defendant reneged on $25,000 pledge towards building a synagogue; as defense claimed
that should have been taken to beth din first; remanded.
- Kozlowski v. Seville Syndicate
314 NYS2d 439, 64 Misc2d 109 (S.Ct.N.Y. County, 1970)
- Both Din Torah and peshara may be recognized as arbitration.
- Berman v. Shatnes Lab
350 NYS2d 703, 43 AD2d 736 (2 Dept, 1973)
- Because plaintiff agreed to submit test of his qualifications to Bet Din, finding that
he was not qualified was in nature of common-law award in arbitration.
- Plaintiff was not libeled by publication of Bet Din's decision.
- Davidowitz v. Dixie Assoc.
351 NYS2d 34, 76 Misc2d 554 (S.Ct.N.Y. County, 1973)
- Where plaintiff did not agree to procedure whereby other parties to dispute in which
plaintiff had interest submitted dispute to Din Torah, he is not bound by decision.
- Mikel v. Scharf
432 NYS2d 602, 105 Misc2d 548 (S.Ct. Kings County, 1980)
- Bet Din's threat to ostracize party that did not appear before it is not coercion.
- Bet Din's refusal to allow legal representation was improper.
- Fact that Bet Din ignored established legal concepts is not misconduct.
- Kingsbridge Center of Israel v. Turk
469 NYS2d 732, 98 AD2d 664 (1 Dept, 1983)
- Meisels v. Uhr
- Ainsworth v. Schoen
- Blitz v. Beth Isaac Adas Israel Congregation
- Blitz v. Beth Isaac Adas Israel Congregation
352 Md. 31, 720 A.2d 912 (Md. 1998), No. 72, September Term, 1997. Dated September 14,
1998. Opinion clarified December 14, 1998. Opinion by J. Bell.
- Maryland courts recognize the validity of arbitration proceedings before a Beth Din, a
panel of three Rabbinic judges, even when the proceedings are not in strict compliance
with the Maryland Uniform Arbitration Act, so long as the parties knowingly and
voluntarily agree to the arbitration procedures; prevailing party is entitled to recover
attorneys fees incurred both at trial and on appeal in a proceeding confirming and
enforcing the arbitration award.
- Neiman Ginsburg & Mairanz, P.C. v. Goldburd
179 Misc. 2d 125, 684 N.Y.S.2d 405 (N.Y. Sup. Ct. 1998), Index No. 116650/97. Dated October 20, 1998. Opinion by J. Beverly S. Cohen.
- Plaintiff was served with a summons to appear before a Beth Din, a Jewish tribunal; plaintiff agreed to submit to the religious tribunal=s jurisdiction, but only if it would decide the dispute between plaintiff and defendant on the basis of strict Jewish law and not on the basis of a peshara@, i.e., compromise; based on his refusal to submit to its jurisdiction, the Beth Din issued a seruv@, a contempt citation which defendant published; held, (1) the publication of the seruv did not constitute libel and, in addition, N.Y. Civil Rights Law ' 74 provided defendant with a defense of truth and privilege (2) the civil courts had no jurisdiction to determine if the Beth Din=s ecclesiastical decision to issue a seruv was valid.
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