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Secular Court: Difference between revisions

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[[File:SCOTUSbuilding 1st Street SE.JPG|thumbnail|right|Supreme Court of the United States Building, Washington, DC, as seen from the west side of 1st St NE. (Courtesy of Wikipedia)]]
[[File:SCOTUSbuilding 1st Street SE.JPG|thumbnail|right|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.<ref>Shemot 21:1, Rashi and Ramban ad loc., Gittin 88b, Rambam Hilchot Sanhedrin 26:7, Shulchan Aruch Choshen Mishpat 26:1.</ref> Similarly, the prohibition applies even if the non-Jewish justices reach the same conclusion as a Jewish court would.<ref>Shulchan Aruch ibid. Sama Choshen Mishpat 26:2.</ref>
== The Gravity of Taking Another Jew to Secular/Civil Court ==
== The Gravity of Taking Another Jew to Secular/Civil Court ==
The Torah has poignantly unforgiving words for those who abandon its lofty and complete system of resolving monetary disputes judged by Divinely assisted Dayanim in favor of civil or secular courts run by non-Jewish justices. The prohibition applies even if both parties agree to bring their case to a civil court. <ref>Shemot 21:1, Rashi and Ramban ibid, Gittin 88b, Rambam Hilchot Sanhedrin 26:7, Shulchan Aruch Choshen Mishpat 26:1.</ref> Similarly, the prohibition applies even if the non-Jewish justices reach the same conclusion as a Jewish court would.<ref>Shulchan Aruch ibid. SMA Choshen Mishpat 26:2.</ref>
# 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.<ref>Darkei Moshe Choshen Mishpat 26:1, Sama 26:1</ref>
 
# 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.<ref>Darkei Moshe Choshen Mishpat 26:1, SMA 26:1</ref>
# 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.<ref>Rama Choshen Mishpat 26:1</ref>
# 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.<ref>Rama Choshen Mishpat 26:1</ref>


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