For example, in many Jewish prenuptial agreements, the husband and wife contract to arbitrate divorce proceedings before a beth din
. This is critical because a woman whose husband refuses to grant a divorce in a beth din
is classified as agunah, or "chained to her husband"; she is in a "dead marriage but nonetheless cannot remarry" (although her ex-husband, meanwhile, can remarry due to a Talmudic loophole allowing men to have multiple wives).
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Justice Baker said he examined the principles used by the Beth Din
and ensured that they were in line with the laws in England and Wales.
(95) In Cohen, a New York appellate court refused to honor an agreement between divorcing spouses that provided for adjudication of custody issues by a New York beth din
in the event of a conflict.
Even though they backtracked on using animal rennet, it has taken 12 months for the Kashrut Division of the London Beth Din
(KLBD) to give products from their factory in Berkshire, the all-clear.
courts have been operating under the same provision in the Arbitration Act and
The same applies to the Beth Din
, the courts held under Judaic law.
Apart from Church of England courts, there is the Jewish Beth Din
, which adjudicates on divorce settlements, contract disputes between traders and tenancy agreements.
There is a long-standing practice among some Jewish litigants to settle disputes before the Beth Din
, another type of quasi-legal hearing.
The Jewish court, the Beth Din
, ruled it was not a religious matter in what has been called: "a small victory against small mindedness".
The beth din
's duty, not to mention competence, to twist a husband's wrist is attested throughout the Talmud--notably in the seventh chapter of Ketubot.
(2) This Comment discusses the dilemmas that arise when New York courts are asked to enforce arbitration decisions promulgated by a religious arbitration panel called a beth din
, (3) which operates primarily under Jewish law.