A Din Torah is a dispute resolution via arbitration in accordance with Halacha and Halachic principles that is upheld in the civil courts.
We always encourage mediation as the first route, and the price is inclusive if it escalates to a Din Torah.
The claimant opens a case here
The respondent is contacted to schedule a pre-arbitration meeting where
we will go through the process. A date is scheduled for the Din Torah.
The Discovery Phase* begins, during which the claimant and respondent can present a claim, a response to the claim, a counterclaim and a plea.
The Discovery Phase is subject to the Policies of the Beth Din of Johannesburg
If the parties choose, and depending on the case, the discovery phase
is held.
Following the Discovery Phase, the Din Torah takes place. The claimant
and respondent both have the option to self-represent, or to have a legal
or other representative.
Once a decision by the dayanim has been reached, the Beth Din issues an Arbitration award/Psak which is binding on both parties, according to both Jewish and secular law.
A Din Torah is the Jewish equivalent of a secular court, and must be carried out before a case is taken to a secular court. It is prohibited to take another Jew to a civil court without permission from the Beth Din.
The ideal way for a Jew to deal with an issue between himself and a fellow-Jew
is via a Din Torah which is carried out in strict accordance with Halacha. The Din Torah process is less time-consuming and also less expensive than the secular courts, making it a preferable choice.
According to Jewish law, a Jewish defendant is not allowed to refuse to appear at
the Beth Din.
The Beth Din will first reach out to the respondent’s Rabbi to see if the Rabbi can
encourage the respondent to cooperate. If that doesn’t help, the Beth Din will usually
issue a Heter Arka’ot which grants permission for the claimant to go to a secular court.
Additionally, the Beth Din might issue a Ksav Siruv/contempt order. This is a public
declaration that a Jew refused to meet his obligation to appear in front of the Beth Din. Additionally, the Respondent may be blocked from benefiting from any Beth Din services
in the future.
No, but you have the right to have a lawyer present if you so wish. It is important to note that the Dayanim at the Beth Din are obligated to ensure that each party fully presents their case to the best of their ability so a lawyer is not necessary.
No, the role of the lawyer will be limited to helping you to organize your case and to
present it in a clear and comprehensive way. The Dayanim have full expertise in the
Jewish law that is relevant to your case, and they will lead the proceedings.
They primarily follow Jewish law which takes the local law into account. For example,
Jewish law often considers common business practice, which in South Africa is often a product of South African law. If someone enters into a contract that is binding according to South African law, then they are generally bound by Jewish law as well, because the business community considers such contracts binding. Also, there is a principle in Jewish law called “dina d’malchuta dina,” literally, “the law of the government is the law.” The exact parameters are somewhat complex, but this means that Jewish law recognizes many secular laws.
A Din Torah is usually heard by three Dayanim (Judges of the Rabbinical Court).
The Dayanim of the Beth Din have wide experience of all kinds of disputes and litigation,
and are therefore eminently suited to hear any Din Torah presented to them.
