Already judged and decided that a certain person is guilty??DO WE PRAY FOR SANHEDRIN???? MASHIAH IS GOING TO APPOINT SANHEDRIN

Bs''d

"Return our judges to us, as in the early days….and remove from us sighing and deep groaning."  
If the Jewish state could be revived virtually from the ashes of destruction after two thousand years, then why hasn't the Sanhedrin, the great Jewish court of the First and Second Commonwealths, been revived? During the centuries of its existence, this august body, comprised of seventy-one elders and sages who ruled on every aspect of life, brought unity to the land because their decisions were binding on the entire nation.  

The world endures on three principles: 

truth, 

justice, and 

peace.

WE MUST HURRY! THE WORLD IS FALLING APPART FOR THERE IS NO JUSTICE IN THE LAND OF YISRAEL.

RABBI YEHUDA HANASI

Which is the proper course that a person should choose for himself? Whatever is an honor to him who does it, and which also brings him esteem from mankind... (Avot 2:1).


"For the vision is yet for the appointed time; and it declares of the end, and does not lie; though it tarry, wait for it, because it will surely come; it will not delay" ...  

Beit Din and Dayanim

This is the approved revision of this page, as well as being the most recent.

Semichah and Cases a Beit Din May Judge

Up until the times of the Tannaim and Amoraim, Dayanim could be granted Semichah as a certification to judge cases involving Kenas, such as Chatzi Nezek and Kefel.[1] Semichah was transmitted Rebbe to Talmid from Moshe Rabbeinu and on until R' Yehudah Ben Bava.[2] There was an additional license to judge known as Reshut, granted by the Nasi in Eretz Yisrael and the Resh Galuta in Bavel. Reshut enabled a Dayan was license bring litigants to court against their will, and it also served as insurance, exempting judges who who erred in their rulings from reimbursing the losing party. [3] What we colloquially refer to as "Semichah" nowadays is, in fact, neither of these, but, rather, "Hetter Hora'ah Bifnei Rabo." That is to say, that even if one arrives at the level of Mumcheh, he still may not voice a Halachic opinion within a certain proximity of his Rav Muvhak. Only when his rebbe grants him Semichah may he pasken regularly. [4]

  1. There is a dispute if we collect cases of bor and esh today.[5]

Establishing a Bet Din

  1. Even though according to Torah law there is a mitzvah to establish a Jewish court system in every county and in Israel in every town[6], nowadays this mitzvah doesn't apply since we don't have judges with ordination from the times of Moshe. [7]

Cases can Bet Din judge according to the Strict Law

  1. Nowadays the Bet Din, or Jewish court, can't judge according to the regular monetary laws in cases where (1) there is no monetary loss, (2) are uncommon, (3) involve the primary payment for bodily injuries due to bodily damages, or (4) are a penalty disproportionate with the value of the damage. [8]
    1. No mentary loss: If a person hits his friends and embarrassed him bet din can't enforce a payment since there's no monetary loss to the victim. [9]
    2. Uncommon: If one animal gores another animal bet din can't enforce a payment since it is uncommon. [10] Yet, if an animal damages in a common way either by consumption of property or by its movement or walking, bet din can collect a payment.[11]
    3. Bodily Injuries due to bodily damages: If a person hits his friend the bet din can't enforce any payment for the primary payment for the bodily injury, embarrassment, and payment for pain, but bet din can enforce payment for medical bills and compensation for work loss. [12] Some argue that bet din can't judge any payments for bodily injury but can force the damager to appease the victim.[13]
    4. Penalties: If a person steals from his friend and is caught with the item, according to Torah law he needs to pay double, however, bet din can't enforce his payment today. [14]
  2. Property damages: Bet din can judge on cases of a person who damaged another person's property and cases of theft.[15] Bet din can even judge on cases which are indirect damages.[16] Some say that bet din can't judge cases of outright theft but bet din can judge cases where a person denied returning money deposited by him or the like.[17]
  3. Someone who verbally embarresses his friend is put in excommunication until he appeases his friend. [18]
  4. Summary: Bet Din can judge cases of loans, admissions of obligation, gifts, inheritance[19], bodily injury[20], property damages, theft[21], conversions, and divorce[22]

Enforcing paymen for Penalties

  1. Even payments which bet din can't judge today, according to the rules set above, bet din can force a defendant to appease his plaintiff and if he doesn't do so they can excommunicate the defendant.[23] As long as the defendant pays close to the amount of the loss bet din will remove the excommunication.[24]
  2. Bet Din doesn't excommunicate a person to pay for a penalty above the actual loss.[25]
  3. A person can grab the penalty that is owed him. [26]

Judging according to compromise

  1. It is a mitzvah upon the judge to open up the case by asking the litigants if they want to have an arbitration based on compromise (peshara) or a regular legal case. The court which uses arbitration more often is praiseworthy.[27] Bet Din can't force someone to go above and beyond the letter of the law and some poskim argue.[28]

Power of Bet Din

  1. The bet din of each community has the authority to establish practices for its community just like the geonim had an authority to establish practices for all Jews.[29]
  2. Theoretically, bet din has the authority to punish a criminal in any fashion according to the need of the time and place.[30]
  3. Nonetheless, in America, bet din can't force people to adhere to religious principles. [31]

Number of Judges Necessary

  1. A bet din can't function with less than 3 judges. These 3 judges can be any 3 people even if they're not knowledgeable as long as one of them is familiar with the laws of judging. [32]
  2. If none of the judges are knowledgable, the bet din doesn't function unless they are the communally accepted bet din.[33]
  3. Even though theoretically one expert judge can judge cases without any other judges, nowadays we don't have an expert judge of that caliber.[34] However, if the one expert judge was accepted by the disputants and the case is simple, he can judge the case, otherwise an individual judge should not judge alone.[35]
  4. The more judges on a bet din the better, though, the judges need to be fit to be judges.[36]


Vigilante Action

  1. A person who finds that his friend stole from him can retrieve his property even if that means that he'll have to hit him as long as he can't do something else. Even if there's no immediate loss, even if he would wait until the case would go to court, he is allowed to retrieve his property. This is on condition he is able to prove in court that he is deserving of the money he is grabbing.[37]
  2. If there's no concern of loss, it is forbidden to hit him.[38]

Ordering of Cases

  1. A bet din should judge that come before him in the order that he received them, irrelevant of the amount involved in each case.[39]
  2. Some say that it is permitted to rearrange the order of the cases if the earlier case is complex and will take a long time and a later case is quick and easy.[40]
  3. If there's a case that involves marital strife and monetary cases, the case of marital strife takes precedence.[41]
  4. The case of a talmid chacham takes precedence over other cases out of honor for the talmid chacham and in order to prevent him from learning.[42]

Binding Agreements

  1. If the defendant says that if I doesn't come on a certain day to swear and be exonerated then you the plaintiff will be believed to take his money with an oath that is a binding agreement if the plaintiff receives a kinyan from the defendant on this matter. The same is true if the plaintiff says that if I don't come by a certain day to swear and collect then you, the defendant, are exempt.
  2. However, if the person who made the stipulation can show that there was an unforeseen circumstance preventing him from returning, the stipulation isn't binding and he can take the oath at a later date.[43]
NOW WHERE IS ELIYAHU????????????????????????????????????????????

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