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| Why Din-Torah? |
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Insasmuch as on worldwide standards the civil court system in The United States is definitely considered to be fair and equitable there is a specific religious commandment instructing religious Jews to submit their disputes to Jewish law aka “Halakha”. Although the “Halakha” procedures at times might be a mirror image to the secular court’s process, nevertheless ritual stipulates that we specifically subordinate to the “Halakhic system”.
Halakha is founded on Talmudic codes of law which are traced back to Sinai. At the great revelation of Mount Sinai as all Jews accepted the written and oral laws the Halakhic judicial system was thus established and launched. (See Book of Exodus 18; 13-27). As vast as the Talmud and its commentaries are e.g. Maimonidies, the great Tosafists etc. the talmud is also a “Living Law” (Torat Hayim) that is divine and spiritually based. It is therefore our belief that Halakha or Jewish Law is thus part of the master plan of creation and regardless of the state of affairs, may it be as primitive as the sale of an ox or the most complicated legal question it was already addressed in the Talmud. Tomes of novel rabbinic responsa were penned throughout the generations to scholarly establish this.
Notwithstanding the fact that electing a din torah is a spiritual and divine alternative, nowadays there is another strong factor for din torah. The ‘right to a speedy-trial” which our constitution guarantees us only applies to criminal cases and not to the civil courts. As the courts are seeking recourses for budgets cuts unpaid furloughs are being imposed on judges. Civil suits are being backlogged more than ever before. Even the marginally religious, that would not have considered din torah, are now discovering and appreciating the wisdom of halakha.
All the above does not in any way infer that the Talmud and Jewish Law are above any local, state or federal laws. The Talmud unequivocally invokes that the law of a local kingdom must be upheld and honored. The above mentioned alternative dispute resolution, “Din Torah” is meant to be applied as a formula of bringing unity between consenting parties. On the contrary, modern Western societies increasingly permit civil disputes to be resolved by private arbitration, enabling religious Jews to enter into agreements providing for arbitration by a particular beth din in the event of a dispute. By this device, the rules, procedures, and judgment of the beth din are accepted and can be enforced by secular courts in the same manner as those of a secular arbitration association. However, religious courts cannot decide such disputes without the prior agreement of both parties. |
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Rabbi
Aryeh Greenes was conferred his first and second professional degrees
in Rabbinical Jurisprudence on 1980 and 1982 respectively. He
graduated with a 3.8 GPA from Beth Medrash Govoha of Lakewood, New
Jersey, one of the leading rabbinical academies in the world. He
continued his scholarship with a fellowship at KBY in Pittsburgh,
Pennsylvania where he was conferred “Yorah” and “Yadin” semicha
ordinations. Rabbi Greenes led a twenty-five year career
between lecturing in Rabbinical Seminaries on Jewish Law and Ethics,
Business Consultation and successfully representing many clients
through t.. more
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