- Sections
- P'ninat Mishpat
21
Ruling: When beit din is presented with a contract with an arbitration clause that appoints them, they have a right to assume that it is authentic. If there is a claim that it is not authentic or binding, legally, the decision can only be made by the government’s regional court. Def has a right to appeal to them.
If they do not and do not appear, may beit din judge in abstentia? According to the Bach, K’tzot Hachoshen, and Tumim (all in Choshen Mishpat, siman 13), there are times when a person can be judged in abstentia. According to the S’ma, Shach, and Netivot Hamishpat (ad loc.) this can never be done. The remedy for one who does not comply with a subpoena is to put him in niduy (a form of excommunication) (Shulchan Aruch, CM 11:1). However, it is not legally possible to do that nowadays in Israel. Rav Z.N. Goldberg has ruled that under these conditions, all agree that one can adjudicate in abstentia (based on Rama, CM 28:16, regarding testimony against a person). This is also included in the arbitration agreement’s clause of ruling according to Torah law, which nowadays includes compromise (see Rav Goldberg, in Dinei Borerut p. 264).
Because pl, his lawyer, and the dayanim came to beit din and waited for def, we are charging def 2,000 NIS in expenses, to be paid within 45 days. If def appear before beit din and can explain their absence, it is possible to rescind this charge, as is the case if they can show that they turned to the regional court. Otherwise, beit din expects to rule in abstentia based on the material pl has presented.

P'ninat Mishpat (770)
Beit Din Eretz Hemda - Gazit
665 - Did the Advisor Do Enough?
666 - Judging Someone who Refuses to Appear before Court
667 - Did the Owner Exhaust his Opportunities? – part I
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