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What recourse does one have if there is a monetary dispute between two frum yidden for a relatively small amount? The cost of a Beis Din of 3 Dayanim is, relative to the amount in dispute, prohibitively expensive as it cost more than (or almost as much as) the amount in dispute.
P.S. Secular court is absolutely not an option.
That’s a really good point. There should be.
Doesn’t Machon L’tzedek b’mishpat offer their services for free?
There is no such thing in the jewish law as a small din torah, every din torah regardles if its over $100 or $1 million dollars is judged the same way.
real-brisker:
As soon as I saw this topic I knew someone would say that, because it sounds very nice and frum. However, it does nothing to answer the original question.
And if it is a small amount would you would pay the cost to initiate the Beis Din case, if was more than the disputed amount you are trying to recover? If not, what is your recourse?
Keen – I was just saying that over a dispute of money you have to use the same strategies regardless of the sum of the dispute. There is no different recoures for a small sum of money, and if there is than use that solution for the big sum too.
You might be able to go to an individual dayan and, in advance, accept his psak as binding.
DY – Of course if both parties are willing that can be done. But otherwise you can’t force the defendant to accept that solution you propose; he can refuse that and insist you bring him to a Beis Din of 3. (A Beis Din OTOH has the halachic right to summon him.)
Joe:
Depending on what the exact case is, the damagee may be able to be Chotef.
For example, if he stole my watch, I can steal it right back.
gaw – “I can TAKE it right back”
if you approach the Bais-Din, might they not agree to take the case without recompense, or with a small recompense? the Bais-Din that i know, i think would. unless there is some non-monetary reason not to, like covod the Bais-Din or some other reason i know not what.
gavra_at_work
The gemara admonishes against this, lest the owner appear as a thief.
The gemara admonishes against this, lest the owner appear as a thief.
Where is this gemara? I do remember a similar gemara, but it wasn’t referring to taking the original object back.
Vet: even if there is no other recourse?
Bais Din of Rabbi Gestetner is free and you can google it for more info.
gavra_at_work
Member
Joe:
Depending on what the exact case is, the damagee may be able to be Chotef.
For example, if he stole my watch, I can steal it right back.
POSTED 2 DAYS AGO #
Actually we pasken that if you are tofes then bes din make you give it back
But of course if it’s yours then you can go to a din Torah and get it then
Just was wondering this, and googled, and found this. There really should be.
Anyone wanna open one with me?
“Anyone wanna open one with me?”
Sure. I’ve been a Dayan in many cases. We just need one more.
I should mention that I only take Hatoras Nedarim cases, as that’s where my experience is.
I was also a Dayan for a Get once, not sure how that worked.
Try a borerus which is like an ad-hoc beis din.
A borerus should be cheaper, and most of the time much faster. Each side chooses a dayan (which, in a “treifa borerus”, can actively defends their side – or alternatively they both should be somewhat impartial) and these two dayonim each choose the third rav/dayan.
As someone above suggested, an even simpler solution is agreeing on a single rav/dayan (the now-classic “Let’s ask Rabbi Dayan” solution) and agree in advance in writing that you’ll both accept his psak. With this method, it’s often practical to put both sides positions in writing first and then have a 40 minute meeting with the rov where each side gets equal amount of time to speak and submit evidence. This ensures that it won;t drag on into multiple meetings or phone calls.
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