Secular Court: Difference between revisions

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==Exceptions==
==Exceptions==
If one has a monetary dispute and the other party refuses to come to Beit Din after receiving the appropriate invitation, he may request permission from the Beit Din to take his opponent to civil court. If the Beit din already reached a verdict and the guilty party refuses to pay, even the Dayanim may go bear witness in an upstanding civil court that according to Torah law the man is guilty. The same is true if Beit Din would be unable to carry out the verdict due to the opponent's physical strengths. <ref>Shulchan Aruch Choshen Mishpat 26:2. Regarding the upstanding nature of the secular court at hand, the language used by Rav Shererah Gaon (quoted in Beit Yosef ibid) requires the court to boast a reputation that shuns bribery; however, the Rama for some reason omits this parameter. The SMA 26:9 is left in a state of confusion, while the Shach 26:4 reasons that if the Dayanim's efforts will be fruitless, as their testimony will not be accepted in light of a bribe, then they may not testify,. On the other hand, if they will be heard out in earnest, and there's just a chance that there will be deceitful actions that follow on part of the civil court, then they may testify. Therefore the Rama omitted the point about bribes. See Gittin 11a.</ref>
===Non-Compliant Litigant===
#If one has a monetary dispute and the other party refuses to come to Beit Din after receiving the appropriate invitation, he may request permission from the Beit Din to take his opponent to civil court. If the Beit din already reached a verdict and the guilty party refuses to pay, even the Dayanim may go bear witness in an upstanding civil court that according to Torah law the man is guilty. The same is true if Beit Din would be unable to carry out the verdict due to the opponent's physical strengths.<ref>Shulchan Aruch Choshen Mishpat 26:2. Regarding the upstanding nature of the secular court at hand, the language used by Rav Shererah Gaon (quoted in Beit Yosef ibid) requires the court to boast a reputation that shuns bribery; however, the Rama for some reason omits this parameter. The Sama 26:9 is left in a state of confusion, while the Shach 26:4 reasons that if the Dayanim's efforts will be fruitless, as their testimony will not be accepted in light of a bribe, then they may not testify. On the other hand, if they will be heard out in earnest, and there's just a chance that there will be deceitful actions that follow on part of the civil court, then they may testify. Therefore the Rama omitted the point about bribes. See Gittin 11a.</ref>
===Freezing Property===
# It is permitted to request that a civil judge file a preliminary injunction to freeze the status quo of a property until its owner is verified. This doesn't entail a verdict and therefore can be done in civil court.<Ref>Rabbi Jachter (Gray Matter v. 2 p. 168) citing Igrot Moshe CM 2:11</ref>
===Collecting Undisputed Money===
# One can use a civil court to collect undisputed money.<Ref>Rabbi Jachter (Gray Matter v. 2 p. 168) citing Rav Mordechai Eliyahu (Techumin 3:244)</ref>
# Probate of an undisputed will is permitted in civil court.<Ref>Rabbi Jachter (Gray Matter v. 2 p. 168) citing Rav J. David Bleich (Tradition 34:3:74)</ref>
===Bankruptcy===
# One may file for bankruptcy in civil court.<Ref>Rabbi Jachter (Gray Matter v. 2 p. 168) quoting Rav Hershel Schachter</ref>
 
== Agreements, Stipulations, and Penalties ==
== Agreements, Stipulations, and Penalties ==


Revision as of 20:27, 15 July 2020

Supreme Court of the United States Building, Washington, DC, as seen from the west side of 1st St NE. (Courtesy of Wikipedia)

The Torah has poignantly unforgiving words for those who abandon its lofty and complete system of resolving monetary disputes judged by Divinely assisted judges in favor of civil or secular courts. The prohibition applies even if both parties agree to bring their case to a civil court.[1] Similarly, the prohibition applies even if the non-Jewish justices reach the same conclusion as a Jewish court would.[2]

The Gravity of Taking Another Jew to Secular/Civil Court

  1. Even if it's a case where one is permitted to take the law into his own hands (Avid Inash Dina LeNafsheh), one may not take another Jew to secular court.[3]
  2. Certainly, one may not hire non-Jews to force another Jew to come to court. Instead, he should follow the procedure outlined below regarding instances in which one is permitted to take another Jew to court.[4]

Israeli Courts

  1. The poskim consider the Israeli court system to be a secular court system because it does not run according to Torah law. Therefore, it is forbidden for a Jew to bring another Jew to an Israeli secular court.[5]
  2. It is forbidden to be a judge in a secular Israeli court.[6]

Exceptions

Non-Compliant Litigant

  1. If one has a monetary dispute and the other party refuses to come to Beit Din after receiving the appropriate invitation, he may request permission from the Beit Din to take his opponent to civil court. If the Beit din already reached a verdict and the guilty party refuses to pay, even the Dayanim may go bear witness in an upstanding civil court that according to Torah law the man is guilty. The same is true if Beit Din would be unable to carry out the verdict due to the opponent's physical strengths.[7]

Freezing Property

  1. It is permitted to request that a civil judge file a preliminary injunction to freeze the status quo of a property until its owner is verified. This doesn't entail a verdict and therefore can be done in civil court.[8]

Collecting Undisputed Money

  1. One can use a civil court to collect undisputed money.[9]
  2. Probate of an undisputed will is permitted in civil court.[10]

Bankruptcy

  1. One may file for bankruptcy in civil court.[11]

Agreements, Stipulations, and Penalties

Inheritance

See Also

External Links

Sources

  1. ↑ Shemot 21:1, Rashi and Ramban ad loc., Gittin 88b, Rambam Hilchot Sanhedrin 26:7, Shulchan Aruch Choshen Mishpat 26:1.
  2. ↑ Shulchan Aruch ibid. Sama Choshen Mishpat 26:2.
  3. ↑ Darkei Moshe Choshen Mishpat 26:1, Sama 26:1
  4. ↑ Rama Choshen Mishpat 26:1
  5. ↑ Rabbi Jachter (Gray Matter v. 2 p. 167) citing Yachava Daat 4:65, Chazon Ish Sanhedrin 15:4, Rav Herzog in Hatorah Vhamedina 7:9-10, Tzitz Eliezer 12:82, Shevet Halevi 10:263, Teshuvot Vehanhagot 1:795
  6. ↑ Yachava Daat 4:65. See Bet Avi 2:144
  7. ↑ Shulchan Aruch Choshen Mishpat 26:2. Regarding the upstanding nature of the secular court at hand, the language used by Rav Shererah Gaon (quoted in Beit Yosef ibid) requires the court to boast a reputation that shuns bribery; however, the Rama for some reason omits this parameter. The Sama 26:9 is left in a state of confusion, while the Shach 26:4 reasons that if the Dayanim's efforts will be fruitless, as their testimony will not be accepted in light of a bribe, then they may not testify. On the other hand, if they will be heard out in earnest, and there's just a chance that there will be deceitful actions that follow on part of the civil court, then they may testify. Therefore the Rama omitted the point about bribes. See Gittin 11a.
  8. ↑ Rabbi Jachter (Gray Matter v. 2 p. 168) citing Igrot Moshe CM 2:11
  9. ↑ Rabbi Jachter (Gray Matter v. 2 p. 168) citing Rav Mordechai Eliyahu (Techumin 3:244)
  10. ↑ Rabbi Jachter (Gray Matter v. 2 p. 168) citing Rav J. David Bleich (Tradition 34:3:74)
  11. ↑ Rabbi Jachter (Gray Matter v. 2 p. 168) quoting Rav Hershel Schachter
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