Category Archives: Bet Din
Decision Confirms Beth Din Award
In a decision published today, the New York State Supreme Court confirmed an award made by a Beth Din (Bais Din or Bet Din) despite strong opposition by one party. A copy of the decision can be found here.
Agreements To Arbitrate In Bais Din: Get It In Writing!
A recent decision from a New York State Supreme Court illustrates the importance of following proper procedure when arbitrating in Bais Din. In that case, a homeowner’s insurance company sued a Bais Yaakov school, alleging that work done to expand the school building had damaged their insured’s property, requiring the insurance company to pay substantial claims to its […]
Interfering with business relationships
Rabbi Max Sutton’s recent column in Community discusses the halachot of interfering with another person’s contract or business relationship. Rabbi Sutton uses hypotheticals to highlight the following questions: May one negotiate with a licensor for exclusive rights to a license currently held by a competitor? May a salesman who leaves an employer for a competitor […]
The Satmar Saga Continues
In yet another Satmar lawsuit, this one involving control of the cemetary where the previous Rebbe is buried, Justice Victor J. Alfieri ruled that the parties are required to arbitrate the dispute before a Bais Din (Beth Din). The judge based his decision on a provision in the Congregation’s bylaws stating that “a member of […]
Obligations of a guarantor in halacha
Rabbi Max Sutton, Rosh Bet Din Aram Soba in Jerusalem, published an article in the May 2010 issue of Community on the halachot of loan guarantors and sureties. Rabbi Sutton writes: There are two basic types of guarantee arrangements. The first is known as an ordinary guarantor (arev). An ordinary guarantor is a third party […]
Arkaos: Litigation in non-Jewish courts
In an earlier post I discussed a teshuvah of Rav Ovadiah Yosef as to whether a non-yoresh (e.g., a daughter if the decedent leaves a son and a daughter) may claim a portion of an estate in court under local law. After summarizing Rav Ovadiah Yosef’s ruling that dina demalchuta dina does not apply, I […]
Opinion of Rav Ovadiah Yosef on yerushah and intestacy
Rav Ovadiah Yosef, in his collection of responsa, Yehaveh Daat, volume 4, responsum 65, addresses the following question: May a family member who is not a yoresh (halachic heir), but is legally entitled to a share of a decedent’s estate, claim a portion of the estate in civil court under the doctrine of dina demalchutah […]
Heter Iska arbitration rights forfeited by defendant’s participation in litigation
The Appellate Division, Second Department affirmed a decision of the lower court that denied defendant Eli Weinstein’s motion to compel arbitration. The parties had signed a Heter Iska that contained an arbitration clause. (Although not mentioned in the decision, presumably it required the parties to go to Bais Din). 1 1/2 years after the litigation […]
More on Brisman v. HAFTR
A copy of the Amicus Brief filed by Agudah, Torah Umesorah and the OU on behalf Nachum Brisman can be found here.
Appellate Division reverses decision and order that vacated Beth Din award
The New York Appellate Division, Second Department, reversed an order of the New York Supreme Court that vacated an arbitration award by the Beth Din of America. The Supreme Court order vacated the award of the Beth Din which reinstated a tenured teacher at a salary greater than that agreed upon in the teacher’s contract. […]
