Secular Court: Difference between revisions
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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> | ||
# It is forbidden to be a judge in a secular Israeli court.<ref>Yachava Daat 4:65. See Bet Avi 2:144</ref> | # It is forbidden to be a judge in a secular Israeli court.<ref>Yachava Daat 4:65. See Bet Avi 2:144. Rabbi Jachter (Gray Matter v. 2 p. 172 fnt. 18) cites Rav Messas in Shemesh Umagen EH 3:44 as agreeing. </ref> | ||
==Arbitration Boards== | ==Arbitration Boards== | ||
# It is permitted to bring another Jew to an arbitration board even if it doesn't follow Torah law as it doesn't constitute a court of law at all.<ref>Sanhedrin 23a, Rabbi Jachter (Gray Matter v. 2 p. 169) citing Tzitz Eliezer 11:93 and Piskei Din Batei Din Harabaniyim 13:330-335</ref> | # It is permitted to bring another Jew to an arbitration board even if it doesn't follow Torah law as it doesn't constitute a court of law at all.<ref>Sanhedrin 23a, Rabbi Jachter (Gray Matter v. 2 p. 169) citing Tzitz Eliezer 11:93 and Piskei Din Batei Din Harabaniyim 13:330-335</ref> | ||
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==Equitable Distribution== | ==Equitable Distribution== | ||
# It is permitted to sign a pre-nuptial agreement in which they agree that upon divorce the Bet Din could divide the property according to civil equitable distribution law.<Ref>Rabbi Jachter (Gray Matter v. 2 p. 170) citing Rav Zalman Nechemya Goldberg (Yeshurun 11:698) and Rabbi Mordechai Willig unlike Rabbi J. David Bleich (Tradition 34:3 and Bnitvot Hahalacha 2:169-172) who forbids based on Taz 26:3</ref> Bet Din of America includes this as one of the optional clauses in its [https://res.cloudinary.com/orthodox-union/image/upload/v1574874396/prenup/Standard-Prenup-Rev-Nov-2018.pdf prenup]. | # It is permitted to sign a pre-nuptial agreement in which they agree that upon divorce the Bet Din could divide the property according to civil equitable distribution law.<Ref>Rabbi Jachter (Gray Matter v. 2 p. 170) citing Rav Zalman Nechemya Goldberg (Yeshurun 11:698) and Rabbi Mordechai Willig unlike Rabbi J. David Bleich (Tradition 34:3 and Bnitvot Hahalacha 2:169-172) who forbids based on Taz 26:3. In the c</ref> Bet Din of America includes this as one of the optional clauses in its [https://res.cloudinary.com/orthodox-union/image/upload/v1574874396/prenup/Standard-Prenup-Rev-Nov-2018.pdf prenup]. | ||
# One of the conditions in the standard [https://mekorjudaica.com/ketubah-sephardic.html Syrian Ketubah] and for other Sephardim as well, that dated back centuries, is that the assets are divided equally.<ref>Rav Avraham Antebi from the beginning of the 1800s in Chachma Umussar (Chukei Nashim n. 45) mentions this text of the ketubah. It can also be found in Degel Machaneh Efraim EH 3, Nochach Hashulchan EH 15, Zev Ketav Yadi EH 3, and Mishpat Haketubah v. 4 p. 124. Mishpat Haketubah sources this minhag back to the Radvaz and Maharalbach although some wrote that it was divided equally according to the minhag of Yerushalayim as opposed to Damascus out of honor of Israel.</ref> | |||
==Jury Duty== | ==Jury Duty== | ||
# It is permitted to serve on jury duty.<Ref>Rabbi Jachter (Gray Matter v. 2 p. 173) citing Rav Hershel Schachter and Bet Avi 2:144 unlike the Mishna Halachot 4:213 who forbids it.</ref> | # It is permitted to serve on jury duty.<Ref>Rabbi Jachter (Gray Matter v. 2 p. 173) citing Rav Hershel Schachter and Bet Avi 2:144 unlike the Mishna Halachot 4:213 who forbids it.</ref> | ||
