WHAT IS A BEIS DIN?

by Rabbi Mordechai Z. Hecht

A. Foundations of the Beit Din

1. What Is a Beit Din?

A beit din, or “house of law,” is a Jewish court responsible for applying Torah law in legal, spiritual, and communal matters. The obligation to establish such courts is rooted in divine instruction. Historically, an intricate network of courts existed in ancient Israel.

At the highest level was the beit din hagadol, the “great house of law,” located in Jerusalem. This supreme court had ultimate authority over legal decisions and traced its origins back to Moses, who led a council of elders. Regional courts with multiple judges operated in larger cities, while smaller communities relied on simpler courts of three or more judges (always an odd number).

Although the legal system allowed for severe punishments, such rulings were rarely carried out. Rabbinic tradition emphasized justice tempered with mercy, viewing even occasional executions as extreme.

2. Who Is Fit to Serve?

Judges of a beit din must meet high ethical and spiritual standards. Qualities such as wisdom, humility, integrity, a love for truth, and respect within the community are essential. However, possessing these traits is not enough—judges also required formal authorization known as semichah.

This ancient form of semichah could only be granted in the Land of Israel by someone who had already received it, maintaining an unbroken chain back to Moses. Only those with this original semichah were traditionally honored with the title “rabbi.”

Over time, political turmoil and persecution disrupted the ability to confer authentic semichah, leading to its eventual disappearance. Though rabbis are still ordained today, their authority differs from that of earlier generations, and modern batei din cannot carry out all the functions of their ancient counterparts.

B. The Beit Din in Modern Times

3. Modern-Day Functions

Despite historical limitations, batei din continue to play a vital role in Jewish life. They:

• Resolve disputes between individuals

• Oversee religious divorces (get)

• Guide those undergoing conversion (geirut/giyur)

• Offer religious and communal guidance

They also supervise kosher certification in eateries, factories, and food production facilities, ensuring adherence to Jewish dietary laws.

4. The Zabla Court

For specific disputes, a temporary or ad hoc beit din may be formed, known as a zabla. In this setup, each party selects one judge, and those two together appoint a third. Before the proceedings begin, both parties agree to honor the court’s ruling. This method offers a fair and collaborative approach to conflict resolution.

5. Common Terms in Beit Din Proceedings

Understanding some frequently used terms can help when interacting with a beit din:

• Dayan: A judge of the court.

• Av Beit Din: The head or chief judge.

• Hazmanah: A summons to appear before the court.

• To’en: An advocate who helps present a case.

• Get: A religious divorce document.

• Geirut / Giyur: Conversion to Judaism.

• Din Torah: A legal case judged according to Torah law.

• Psak: The final ruling or decision of the court.

C. Values and Vision

6. The Ethical Role of Judges

Serving as a judge in a beit din is not only a legal responsibility—it is a moral calling. The Talmud teaches that a fair and honest judge is considered a partner with G‑d in sustaining the world. While G‑d creates, the judge ensures justice, peace, and holiness in society.

7. The Impact of Justice

When individuals come before a beit din, emotions often run high—anger, frustration, and pain are common. It is difficult, even for the most skilled judge, to please both sides. Yet, when litigants accept the ruling with sincerity, tradition holds that they are both seen as righteous. In this way, the beit din not only resolves disputes but also helps restore harmony and integrity within the community.