A Matter Brought Before the Beit Din

A:1  Who may bring a matter of sin to the Beit Din?
Only the victim, as Messiah said:
"If your brother sin against you…" (Mt. 18:15)


A:2 When may a victim bring an accusation to the Beit Din?
Only after first seeking reconciliation twice, first alone, and then with two or more witnesses.

The Essenes said:

And as for that which He has said: `You shall not take vengeance nor bear a
grudge against the children of your people,'(Lev. 19:18) every man of those who
have entered into the covenant, who brings a charge against his neighbor whom he
had not rebuked before witnesses, and yet brings it in his fierce wrath or
recounts (it) to his elders in order to bring him into contempt, is taking
vengeance and bearing a grudge. (Damascus Document Col. 9 lines 2-5)

As Messiah said: "go and reprove him between you and him alone: and if he will
hear you, you have won your brother. But if he will not hear you, take to
yourself one witness or two: that at the mouth of two or three witnesses, every
word may be established (Deut. 17:6 & 19:15) And if he will not hear them, speak
to him in the assembly…" (Mt. 18:15-17) And what is the
"assembly" here? It is to be understood in no other way than the "judges that
shall be in those days" (Deut. 17:9; 19:17)


A:3  For what may a man be accused before the Beit Din?
Only for "sin" as Messiah said "If your brother sin against you…" (Mt. 18:15)
What is "sin"? It is "transgression of the Torah" (1Jn. 3:4).
A man may therefore be accused before the Beit Din only for a transgression of the Torah.


A:4  What punishment for he who rejects the Beit Din ruling in a matter concerning sin? (and therefore does not repent).

The Torah says: "And the man that does presumptuously, in not hearkening… unto the judge, even that man shall die, and you shall exterminate the evil from Yisra'el. (Deut. 17:12)"

However, in the absence of a Theocracy (which will not be re-instated until the return of Messiah) the death penalty is replaced with the penalty of CHEREM (disfellowshipment).

Messiah said "let him be to you as a Goy or a transgressor" (Matt. 18:17)

Paul said: "Now I entreat you, my brothers, that you beware of those who cause divisions and scandals, outside of the teaching that you have learned; that you keep away from them." (Rom. 16:17)

And again: "… deliver this one to HaSatan for the destruction of his body: for spiritually he will live, in the day of our Adon Yeshua the Messiah…. a little leaven, leavens the whole lump. Purge from you the old leaven: that you might be a new lump as you are unleavened. (1Cor. 5:5-7)

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