4 questions you need to answer before going to Bet Din

When I get a call asking me to represent people in a Din Torah, I never accept any case – as large as it may be – before I meet the clients for a preliminary initial meeting, in which I will hear their story in full and answer 4 important questions which will determine if filing a claim in Bet Din is actually the best and wisest move for them:#1: Is the claim justified from a Halachic-Legal perspective?

#2: Is there enough evidence to support the claim?

#3: Can the verdict – assuming you win the case – be practically enforced?

And most importantly:

#4: Can the dispute be resolved outside of the Bet Din?

#1. Is the claim justified from a Halachic-Legal perspective?

People usually file claims because they are 100% sure they are right and deserve to receive monetary compensation.

But in order to make sure that is true, I need to hear the full story, dissect and analyze it in contrast with relevant halachic sources: Talmud, Shulchan Aruch, modern poskim and up to date Bet-Din verdicts.

And then, only when I am convinced the claim has significant halachic basis, can we move on to the next phase.

#2: Is there enough evidence to support the claim.

The second phase is finding out if your claim can hold water in court.

This seems perplexing at first: Well, if I’m absolutely right, and my claims comply with the halacha, why shouldn’t I win the case?

Well, unfortunately – and this is something that many people find hard to accept –

when a dispute gets to Bet Din, being right doesn’t suffice. You have to be able to PROVE your case.

The defendant may conceal documents, have a different version of the “facts” or even lie about them.

The default in Din Torah is that the burden of proof lies on the plaintiff (“המוציא מחברו עליו הראיה”), and therefore just claims have to be backed up with supporting documentation, witnesses and any other evidence that can be provided.

Proper evidence is critical for supporting your just halachic cause.

#3: Can the verdict – assuming you win the case – be practically enforced?

In Israel, Bet Din verdicts are legally valid and can be enforced by the Israeli legal authorities (Hotza’a La’poal).

Here to, having an enforceable verdict in your hand will not always ensure you will receive the compensation you rightly deserve.

This is due to unfortunate consequences in which the defendant just doesn’t have any money to pay or the company that owes you the money has filed for bankruptcy and has no tangible assets.

In these situations, a verdict will be of almost no use, since it will be very difficult or almost impossible to practically receive the money owed to you.

And most importantly:

#4: Can the dispute be resolved outside of the Bet Din?

The most important question to ask yourself – mainly from a practical perspective rather than a legal one – is:

Is a Bet Din hearing and procedure ABSOLUTELY necessary?

My personal opinion is that legal procedures, face to face in court or Bet Din, are always the last resort.

That is true especially is the monetary dispute involves people with whom you have a relationship that you feel is important to retain, i.e. family, neighbors or colleagues.

Emotional stress and personal confrontation may lead to losing vital relationships which are worth hundredfold more than any sum you can retrieve in court.

To sum up:

Before you run to Bet Din with, it’s extremely important to figure out the strength of your case from a halachic perspective as well as making you have the proper evidence that is needed to support it.

And then, only after ruling out all the other options – is it wise to file a claim, so that justice may be done and implemented.

All the best,

Menachem Copperman