Beth Din of America Publishes New Journal

The Beth Din of America has published the first issue of its new journal, in collaboration with the Rabbi Norman Lamm Yadin Yadin Kollel at the Rabbi Isaac Elchanan Theological Seminary (RIETS) of Yeshiva University. The new Journal of the Beth Din of America contains articles on Jewish jurisprudence and beit din practice, with a particular emphasis on the policies and practices of the Beth Din of America. Each issue of the Journal includes anonymized versions of actual din torah (arbitration) decisions issued by the Beth Din of America.

The first issue of the Journal includes the following articles:

  • The Prenuptial Agreement: Recent Developments, by Rabbi Mordechai Willig
  • Jewish Law, Civil Procedure: A Comparative Study, by Rabbi Yona Reiss
  • The Prohibition Against Going to Secular Courts, by Rabbi Yaacov Feit
  • Understanding Rights in Context: Freedom of Contract or Freedom From Contract?, by Rabbi Michael J. Broyde and Steven S. Weiner
  • Recovering the Costs of Litigation in Beit Dinby Rabbi Shlomo Weissman

The issue also contains Beth Din decisions regarding defective merchandise and hasagas gevul (unfair business competition).

To read the Journal online, click here. For more information on the Journal click here.

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3 Comments

Filed under American Law, Halacha / Jewish Law, Judicial System, News

3 responses to “Beth Din of America Publishes New Journal

  1. susanaranoff

    An article by Rabbi Willig in the Beth Din of maerica Journal seriously weakens the efficacy of the BDA Prenup. Beth Din of America rabbis have told me that they view the financial per diem Parnasah that a recalcitrant husband pays for withholding the Get under the Prenup as a bargaining chip for women to give up in return for the Get. Rabbi Willig wrote that if a woman sues for alimony in civil court she probably is ineligible for the Prenup per diem Parnassah. This implies that in order to be entitled to the per diem Parnasah, which the wife is expected to waive in return for the Get, the wife must give up the financial support she might win in civil court. So Rabbi Willig’s interpretation of the Prenup means the husband is empowered to evade supporting his wife in return for giving the Get, for the Beth Din of America will pressure the wife to give up the accumulated Parnasah in return for the Get and Rabbi Willig writes that the wife should not go to civil court for alimony.
    I call on the Beth din of America and Rabbi Willig to clarify that the Beth Din of America’s policy will be to do all that is necessary so that wife can collect the accumulated per diem Parnasah through civil court enforcement, that the Parnasah not be waived in return for a delayed Get and that women be authorized by the Beth Din of America to sue for alimony in civil court once the Get is given and the per diem Parnasah ceases.

  2. CA

    Thanks! Very interesting…

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