Third Parties’ Intervention in Jewish Law: New Friends (Amicus) in the Rabbinical Courts Litigation

This chapter discusses the proper use and adoption of the Amicus Curiae practice in Jewish law and in rabbinical courts. It argues that, while such practices are desirable in Jewish law and necessary in the rabbinical courts, they pose difficulties relating to the law of evidence, procedural law, ethics, and problems that point to a conflict between the rabbinical courts and the adversarial approach practiced in the common law. The chapter reviews the unique characteristics of Jewish law which adopting the Amicus can complement: the demand for absolute truth in Jewish law, and the rejection of the res judicata doctrine and the expertise required of the dayan, the religious judge. Uncovering the substantial truth requires that the dayan be knowledgeable of the ways of the world, that he thoroughly examine the testimonies, inquire, investigate the facts, etc. Another distinction between Israeli law and Jewish law relates to elements considered when seeking the truth, and to the legitimacy of the outcome.