"ידיד בית המשפט" במשפט העברי ובבתי הדין הרבניים

Translated title of the contribution: AMICUS CURIAE IN JEWISH LAW: NEW BEGINNING?

שי פרבר, יצחק בן מרדכי כהן

Research output: Contribution to journalArticlepeer-review

Abstract

This article discusses the use and proper application of amici curiae (friends of the court)in Jewish law and rabbinical courts. The article argues that in Israeli law, “amici” are used as “friends” of a given interest or agenda. However, in the rabbinic court, the amici should be used as their original name implies – that is, as a true “friends of the Rabbinical Court”, which clearly helps the Dayanim (Rabbinical Court Judges) discuss the issues objectively and professionally.The requirement to investigate the factual truth in Jewish law makes Dayanim use information that has reached them from other than the formal parties. Currently, that information is obtained by several vague practices such as “tribunal trustee” and“court’s long arm”. The article shows that the current use of these practices, though generally desirable in Jewish law, creates considerable difficulties – evidence,procedural, ethical, and difficulties with the adversarial system in Israel.The article, therefore, suggests that the “amicus” practice be formally included in a unique model and adapted to the Rabbinical Courts. This model could judgments handed down by Dayanim be more precise and thus lead to the truth of the halakha.
Translated title of the contributionAMICUS CURIAE IN JEWISH LAW: NEW BEGINNING?
Original languageHebrew
Pages (from-to)245-294
Number of pages50
Journalדין ודברים: כתב-עת משפטי בין-תחומי
Volumeטז
Issue number1
StatePublished - 2022

IHP Publications

  • ihp
  • Civil law
  • Conduct of court proceedings
  • Evidence (Law)
  • Jewish law
  • Jewish scholars
  • Judges (Jewish law)
  • Judgments
  • Judicial power
  • Rabbinical courts
  • Religion and state
  • Truth
  • Witnesses

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