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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 (826)
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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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Benefit from Unsolicited Efforts of the Plaintiff
based on appeal of ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
