1) Who are the Dayanim? - The Vaad Bais Din is comprised of three senior members; Rabbi Shlomo Shapiro, Rabbi Peretz Steinberg and Rabbi Hershel Welcher. At times other respected Rabbonim will serve as well.
2) What should I bring to the Din Torah? - Each litigant should bring all relevant documents (contracts, letters, receipts, bills) and witnesses who can testify about the case.
3) Will I understand the proceedings? - The Din Torah is conducted in English. Yiddish or Hebrew terms that are occasionally used are assumed to be commonly understood. Please inform the Bais Din if you do not understand a particular term. It is our goal to make the proceedings fair and understandable to all participants.
4) Do I need a lawyer? - In short, no. Secular lawyers are not usually helpful at a Din Torah. They often prolong the proceedings and complicate the litigation.
5) What is a Toain? - A toain is a Bais Din lawyer. Unlike a secularly trained lawyer, a Toain understands the Bais Din process and helps his client present the facts that are most relevant in the Torah law prospective.
6) Do I need a Toain? - That depends. Engaging a Toain can be quite expensive. In a clear-cut case a Toains involvement can be counter productive. When Toanim are involved the sessions are often prolonged and more complicated. For this reason the Bais Din charges a higher fee in such cases. A Toain can be an asset in a very complex case. If a litigant wishes to bring a Toain to the Din Torah, he must inform the Bais Din administrator at least two weeks in advance. For the sake of parity, the Bais Din will recommend that the opposing side engage a Toain as well. When a Toain is called for, choose wisely! You may ask your Rabbi or the Vaad administrator for assistance.
7) What is Zabloh? - There are circumstances in which a defendant who has received a Hazmonah from the Vaad may prefer to have the case heard by another Bais Din. If the plaintiff and the defendant agree on a particular Bais Din, and submit to its authority by signing a Shtar Berurim, the Vaad will relinquish its jurisdiction. If the two sides cannot agree on a particular Bais Din, they must resort to an ad-hoc Bais Din of Zabloh. (Zeh Borer Lo Echad)
In a Zabloh, each side chooses a Dayan known as a Borer. The two chosen Dayanim must then appoint a mutually acceptable Shalish - the third member who will complete the Bais Din. In this manner both parties will be confident that they are receiving a fair hearing in the case. However, it should be noted that Zabloh has certain significant drawbacks and pitfalls. A permanent community Bais Din such as the Vaad Harabonim of Queens is typically the least complicated, least expensive and fairest of venues for a Din Torah.
^Return To Top
