How Cases are Brought to Beth Din
Parties may end up before a beth din either:
- under a preexisting contractual provision that requires the resolution of a dispute before that beth din,
- after they have mutually agreed to have that beth din decide a dispute or
- because they have chosen that beth din through the hazmana (summons) process.
Parties who wish to arrange for a din torah (arbitration hearing) with the Beth Din of America must complete and submit an Application to Open a Din Torah Case.
Contractual Beth Din Arbitration Provisions
When two or more people enter into a contract, they may include a provision which states that disputes arising out of the contractual relationship between the parties be resolved by an arbitration panel or organization agreed upon by the parties. If a dispute relating to the contract arises, each party is then obligated, as a matter of contract law, to appear before the designated arbitration panel. The Beth Din of America encourages people to include a beth din arbitration clause in their business contracts, since the inclusion of such a clause ensures that disputes will be adjudicated in a beth din, consistent with the requirements of Jewish law. Click here for a sample arbitration clause providing for dispute resolution before the Beth Din of America.
Arbitration provisions may also be included in prenuptial agreements to provide for matrimonial litigation arising from the breakup of a marriage to be heard by a beth din. A core component of the Beth Din of America Prenuptial Agreement is an arbitration clause that provides for the adjudication of marital disputes before the Beth Din of America.
Mutual Agreement to Appear
Parties to a dispute may agree to appear before a beth din. Prior to the commencement of a din torah (arbitration hearing), the baalei din (litigants) must sign a shtar berurin (binding arbitration agreement). This ensures that the rulings of the Beth Din are legally binding and enforceable in the secular court system. The arbitration agreement also serves a role under Jewish law, by clarifying what dispute the beth din is deciding. The Beth Din of America’s standard arbitration agreement is available here.
The Hazmana Process
If someone wishes to bring a case to a beth din, he or she may request that the beth din send a summons (called a hazmana, or “invitation”) to inform the person being summoned.
A beth din will send up to three hazmanos. The court does so to make clear that the person being summoned is refusing to come, and is not merely negligent. Someone receiving a hazmana is required to respond, and should not wait for additional hazmanos. If a proper response is not received then the Beth Din may issue a contempt decree.
Someone receiving a summons is generally not obligated to agree to go specifically to the summoning beth din, although he or she is obligated to either settle the case or go to a beth din. If the person being summoned does not want to go to the summoning beth din, then he or she must propose an alternative beth din. If the parties cannot find a mutually acceptable beth din, a “joint beth din” is formed by a procedure called “zebla” or “zabla.” In zabla, each side picks one judge. The two judges that were picked select a third judge together, and the three judges together form the beth din that will decide the case.
To bring a case to the Beth Din of America, complete and submit an Application to Open a Din Torah Case. For further information about the din torah process, read the Layman’s Guide to Dinei Torah (Beth Din arbitration proceedings). If you have any questions about the din torah process, please contact the Beth Din.