Halachic Matters of Beit Din Procedure

Halachic Matters of Beit Din Procedure
(Sanhedrin) Passed Feb. 3 2010

The following matters of Beit Din Procedure were passed by the International Nazarene Beit Din Feb. 3, 2010

n.Sanhedrin 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…" (Matthew 18:15)

n.Sanhedrin 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. 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 (Deuteronomy 17:6 & 19:15) And if he will not hear them, speak to him in the assembly…" (Matthew 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" (Deuteronomy 17:9)

n.Sanhedrin 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…" (Matthew 18:15)
What is "sin"? It is "transgression of the Torah" (1 John 3:4).
A man may therefore be accused before the Beit Din only for a transgression of the Torah.

n.Sanhedrin 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. (Deuteronomy 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" (Matthew 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." (Romans 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. (1 Corinthians 5:5-7)

n.Sanhedrin 3:3

And these are they who are invalid to serve as witnesses or judges:

The Pharisees say: "He who plays dice; he who loans money for interest; those who race pigeons; and those who do business in the produce of the Sabbath Year."

Rabbi Simeon said, "In the beginning they called them `Those who gather Seventh Year produce,’ When oppressors became many [who collected taxes on this produce] they reverted to calling them, `Those who do business in the produce of the Seventh Year."

Rabbi Judah said: "Under what circumstances? When they have only that as their profession. But if they have a profession other than that. They are valid."

The Essenes said, "No one who has knowingly violated a single word of the commandment will be considered a reliable witness against his fellow until he is considered fit to return to full fellowship." (Damascus Document 4Q270 frag. 9 col. 10 lines 2-3)

Messiah said, "Let he who is without sin cast the first stone" (John 8:7) and the Torah requires the two witnesses to cast the first stone (Deuteronomy 17:7).
And what is meant by "he who is without without sin"?

Yochanan says "And if we confess our sins, He is faithful and just to forgive us our sins, and [to] cleanse us from all our iniquity. And if we say that we do not sin, we make Him a liar: and His Word is not with us. My sons, I write these [things] to you, that you do not sin: and if someone should sin, we have an advocate with the Father, Yeshua the Messiah, the just [One]. For He is the propitiation for our sins, and not on behalf of ours only, but also on behalf of [the sins of] the whole world. And in this we perceive that we know Him: if we
keep His commandments. For he who says, I know Him, and does not keep His commandments, is a liar, and the truth is not in him." (1 John 1:10-2:4)

The International Nazarene Beit Din says: "By this we are to understand that one who does not have Messiah as their advocate with the Father and does not keep his commandments, but has knowingly violated a single word of the commandment,
may not serve as a witness against his fellow until he is considered fit to return to full fellowship."

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