Eretz Hemdah Gazit Beit Din
Founders: The Belows Family, Chicago, Illinois
This website is dedicated in memory of Mr. Itzhak Rechnitz z"l
About the Beit Din
The Eretz Hemdah-Gazit network of Batei Din operates in the framework of the Eretz Hemdah Institute of Advanced Jewish Studies, Jerusalem, registered organization 580120780.
The network includes branches in Jerusalem, Haifa, Petach Tikva, Ramat Gan, Beit Shemesh, Katzrin, Kfar Yonah, Kiryat Gat and Ofra, and a court of appeals, as well.
The network offers hearings also in English or in a mixture of English and Hebrew. The rulings are written in Hebrew.
The network is operated from a central office at 2 Brurya St., Jerusalem.
Tel: 077-215-8-215
Fax: 02-537-9626
Email: beitdin@eretzhemdah.org
Mailing address: 2 Brurya St., Jerusalem 9318405.
Assigning the Beit Din as the Arbitrator in a Contract
It is possible to set as part of an agreement that in any case of dispute, the Beit Din will adjudicate. After such a stipulation, the Beit Din will be the only body that will be authorized to decide in disputes that emanate from that agreement. For Hebrew Arbitration Clauses, click here.
The Steps in the Handling the Case
A. Opening a Case File – the plaintiffs are to pay a 200 NIS Beit Din fee for opening the case file, sign an arbitration agreement (to download an arbitration agreement in English, press on the link here), and present a claim sheet.
B. The Beit Din office will turn to the defendant, who can choose from one of the following alternatives:
1. The defendant can agree to adjudicate at Eretz Hemdah Gazit and sign the arbitration agreement.
2. The defendant is permitted to choose a different Beit Din in which to adjudicate.
3. To refuse to adjudicate in a rabbinic court, in which case, the Beit Din will give permission to the plaintiff to turn to the secular governmental courts.
C. If the defendant chooses possibility #1, the plaintiff will complete payment of the full Beit Din fee, as will be specified here (in general, the fee is 1.5% of the claim and not less than 500 NIS. For details of the fees in Hebrew, click here). The defendant is allowed to submit a letter of defense.
D. A date is set for a hearing, in which the litigants are able to make their claims and present proof. A lawyer or any other person may assist in these presentations.
E. In cases in which it is needed, the Beit Din will appoint an expert of the court to make determinations on matters of professional expertise.
F. Beit Din renders a ruling.
G. If one of the parties will request the right to appeal the ruling, it will be presented to a senior jurist who did not sit on the case. If the request is accepted, a hearing will be held in front of three senior dayanim who did not sit on the case, and a final ruling will be given.
H. Both parties may file the ruling of the Beit Din to be confirmed by the governmental courts, and to be enforced by Hotza’ah Lapo’al.
The Advantages of the Eretz Hemdah Gazit Network of Batei Din
Rules and Procedures – The Beit Din follows a clear set of rules, which are publicized on the Beit Din’s website.
Use of Experts – The Beit Din is assisted on a regular basis by experts in a variety of disciplines, in order to rule accurately.
Halachic Policies – The Beit Din publicizes a host of decisions of policies, which enhance the legal certainty of the litigants.
Transparency – All the decisions of the Beit Din include written justification of the ruling. Rulings in English, can be viewed here.
The Ability to Appeal – It is possible to appeal the rulings of the Beit Din.
Enforcement – It is possible to enforce the rulings through the framework of Hotza’ah Lapo’al.