Secular Court: Difference between revisions
From Halachipedia
→Israeli Courts
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# 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</ref> | ||
==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> | |||
#There is a major dispute whether it is permitted to use a arbitration board that consists of non-Jews.<Ref>See Shach CM 22:15 who seems to allow acceptance of a non-Jewish arbitrator judging based on common sense and not law, while the Netivot 22:14 forbids it. Aruch Hashulchan 22:8 is lenient. Rabbi Jachter (Gray Matter v. 2 p. 169) quotes Rav Hershel Schachter and Rav J. David Bleich (Bnetivot Hahalacha 2:169) as holding like the Netivot.</ref> | |||
==Exceptions== | ==Exceptions== | ||
