- This topic has 10 replies, 8 voices, and was last updated 5 years, 10 months ago by .
-
Posts
-
Can the bes din “get” decision be appealed or revised? I was told that if I dispute any custody or financial matters, it will be nullified and I wonder if that could be true – Does not seem like a fair decision.
Do you mean if you dispute in secular court any custody or financial matters that were already decided in Beis Din? It is against Halacha for anyone to bring a dispute to secular court.
And what part of the Beis Din “Get decision” are you asking if can be revised?
Shmaya: are you looking for a rav, a toen or a lawyer? It might be worth to spend money and get qualified advice.
Matters of child custody are never final until the child is an adult. This would be true even if the parents agreed the Beis Din decision was “final” and the local government agreed to it. It’s the nature of parent-child relationships to be dynamic and since facts are constantly changing decisions are continuously changeable.
shmaya. I don’t have any experience with bais din, but i I think that it’s ok to ask the bais MAIHAICHAN DANTUNI?. meaning: please explain to me how you came to this decision. you might have a better idea of how to proceed from there.
The gemorah in Sanhedrin discusses a hierarchy of batei din when the local beis din is divided or unable/unwilling to paskin on a particular matter. I’m certainly not an expert but I don’t believe there is any formal “appellate process” for a ruling that was already issued by a beis din as there would be in a secular court decision. Thus, a psak din is final unless a clear error is found in the ruling or if new information comes to light. In the latter case, the initial ruling of beis din can be revoked by the originall beis din that issued the psak or by another bies din of greater authority.
Dor, it depends on the bet din. The Israeli Chief Rabbinate has an appeals tribunal as does the private Eretz Hemdah-Gazit system for monetary disputes.
How about not get divorced
1: thats rude.
It’s a public forum
Avi: Is there any similar formal national “appellate” tribunal in the U.S. where a dissatisfied party can challenge a psak din from a local beis din. I’m not aware of such a process. I imagine a litigant in local beis din in NYC might appeal to a group of more senior rabbonim but that is very case specific. Also, in EY does a litigant need to present evidence of fraud or new facts or can he just complain that he/she disagrees with how the lower beis din reach their decision.
- You must be logged in to reply to this topic.