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Case: Reuven lent Shimon 200 rubles with a loan document. When it came time to pay, Shimon refused not only to pay but to come before the local beit din. Reuven then sued him in non-Jewish court, which required an outlay of money, and won, but Shimon went to criminal court with lies about Reuven. All this did not help Shimon, and the courts made him pay the principal and expenses. At this point, Shimon turned to beit din and complained that Reuven had taken him to non-Jewish court without a shtar seiruv (a document of beit din that sanctions he who refuses to submit to beit din and allows the other side to turn to the courts). Reuven countered this with two claims: beit din did not write a shtar seiruv because Shimon is a violent person. Secondly, since there is an authorized loan contract, there is no need for real adjudication, so that Shimon’s refusal to pay justifies going directly to the non-Jewish courts.
Ruling: Regarding the claim that it is permitted to go non-Jewish courts to extract payment that is chronicled in a certain type of document, the S’ma (61:14) does say something of that nature. However, the Taz (ad loc.) disagrees. In fact, even the S’ma only spoke about a case where the document explicitly states that he can extract money directly through the courts.
If, though, a shtar seiruv was not written because it was clear that it would not be of help, as it seems by his later aggressive behavior, then Shimon is responsible for the results of Reuven needing to go to the courts. Even though the Rama (Choshen Mishpat 26:1) prefers the opinion that whoever goes to non-Jewish court is not helped by beit din even if that litigant was correct, the Tumim (26:2) argues with him. In any case, the Rama is talking about a case where he did not go at all before beit din, whereas here Reuven approached beit din, and his behavior was justified by both beit din and the courts. Therefore, Shimon should be responsible to pay for the expenses related to the non-Jewish courts.
Even if Reuven is claiming ribbit from Shimon, if he had a heter iska, then he is allowed to receive not only the planned interest/profit, but even that which corresponds to the period that Shimon kept the money instead of giving it back.
It is possible to corroborate the above conclusion by means of another piece of logic, although it is a very novel idea. If the document was written in such a way that it could have been sold to a non-Jew and the latter could of course have gone to the non-Jewish courts, it is as if he obligated himself to be held to the rules of those courts. [The Shoel U’meishiv applied this rule to answer certain questions, but he was troubled by the question of how far the idea can be taken without compromising the rule of being required to go to beit din.]
P'ninat Mishpat (829)
Various Rabbis
323 - Iska Obligation With the Claim There Weren’t Profits
324 - Making a Difficult Litigant Pay for Expenses
325 - Sellers from Outside Town at Market Day
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P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
