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Case: The plaintiff ¬(=pl) sued the defendant (=def) in secular court. He sent a letter of claim, which made it necessary for def to hire a lawyer and write a letter of defense, but they have not yet had a hearing. Plnow says that he wants to go to beit din and claims that he sued in secular court just so that def would have to respond and could not continue to be elusive. Def says that he would have been happy to go tobeit din, but since he already paid money in preparation for the secular court adjudication, he is now unwilling. He also suspects that pl changed his mind because he is afraid he would lose there, and def refuses to change venues on those grounds.
Ruling: The gemara (Gittin 88b) says that it is forbidden for Jews to adjudicate before a non-Jewish court even if they rule according to halacha. The Rambam (Sanhedrin 26:7) and Shulchan Aruch (Choshen Mishpat 26:1) strongly condemn such action. The consensus of the past generations’ poskim is that the prohibition also applies to going to the State of Israel’s secular courts (see Tzitz Eliezer XII:82; Yechaveh Da’at IV:65), which is what pl apparently did. Even according to pl’sexplanation that he did not plan to complete adjudication there, he still should have taken necessary steps according to the instructions of beit din (Shulchan Aruch ibid. 2).
P'ninat Mishpat (829)
Various Rabbis
415 - Control of Shul-Based Vending Machine
416 - Going to Beit Din After Suing in Secular Court – part I
417 - Going to Beit Din After Suing in Secular Court – part II
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What is the reason one could not come back to beit din, considering that if they do not rule, we do not know if the non-Jewish court ruling was correct? The Tumim (26:2) explains that it is based onkiblu alayhu, the idea that one can accept upon himself a judicial process that does not follow the standard rules of halacha. The Levush (CM 26:3) and the Netivot Hamishpat (26:2) say that it is a penalty against the one who improperly initiated the adjudication.
At what point should the halacha of not allowing a return to beit din set in? The Tumim points out that when one accepts something based on kiblu alayhu and did not perform an act of kinyan, he is able to back out until the ruling is finally rendered. He says that the same is true regarding adjudication in a non-Jewish court. Several Acharonimsay that also according to the explanation that the inability to return tobeit din is based on penalty, the penalty sets in only after there is a ruling.
Therefore, in our case, ostensibly pl should be able to return the adjudication to beit din, where it should have taken place originally. [Next time, we will see if pl’s intentions or the fact that he caused expenses to def makes a difference.]
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: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
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
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.
