Fwd: WEEK THREE: Bais Din 1

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From: Bais HaVaad Halacha Center <info-baishavaad.com@shared1.ccsend.com>
Date: Sun, May 11, 2025, 8:04 AM
Subject: WEEK THREE: Bais Din 1
To: <agentemes4@gmail.com>

SHTAR BORERIM, IF A PARTY REFUSES TO SIGN PESHARA, KEROVA L'DIN, PRESENTING CLAIMS, HIRING A TO'EIN, THE ROLE OF A TO'EIN

THIS MONTH'S YORUCHA TOPIC: The Bais Din Process הלכות בית דין '

Week 3 Focus: סדר הטענות

SHTAR BORERIM IF A PARTY REFUSES TO SIGN PESHARA KEROVA L'DIN PRESENTING CLAIMS HIRING A TO'EIN THE ROLE OF A TO'EIN

Introduction

The first step in a Din Torah is the signing of a shtar berurin by the parties. This is a halachic document that makes their choice of the Bais Din binding, precluding them from backing out once the case has begun. Nowadays, this is usually done in conjunction with a legally binding arbitration agreement, which gives the Bais Din the ability to issue an enforceable ruling.

Points to Ponder

• What are the standard clauses included in a shtar berurin? • Can the parties be compelled to sign the shtar berurin and/or binding arbitration? • Are parties to a Din Torah entitled to bring representation, such as an attorney or a to'ain? • Is it proper for a person to act as a to'ain on behalf of others?

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