Halakhah zu Dewarim 16:20

The intention of this discussion is to enlighten our readers regarding the thought processes and approaches of contemporary batei din and to encourage the use of beit din as opposed to civil court whenever possible. Some Dayanim believe that a broader application of civil law whenever permitted by Halachah and minimal application pesharah helps achieve the goal of Jews adjudicating their disputes within the community. Nonetheless, we must bear in mind that since the mandate of the beit din includes ruling in accordance with equity, the mitzvah of “tzedek tzedek tirdof,” “Justice, justice shall you pursue” (Devarim 16:20 and Sanhedrin 32b) requires the application of Pesharah in certain situations (Rav Kook, Teshuvot Orach Mishpat C.M. no. 1).