Secular Court: Difference between revisions
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→The Gravity of Taking Another Jew to Secular/Civil Court
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# 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, Sama 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> | ||
# It is permitted to take a non-Jew who isn't interested in coming to Bet Din to a civil court. It is even permitted for a Jew to go to court to extract money from the insurance company of another Jew since it is readily understood that it is a case between the Jew and insurance company and not between two Jews.<Ref>Rabbi Jachter (Gray Matter v. 2 p. 168) citing Rav J. David Bleich</ref> | |||
==Israeli Courts== | ==Israeli Courts== | ||
# 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.<ref>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</ref> | # 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.<ref>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</ref> | ||
