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 | ===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 == | ||
