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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: [Last time, we saw that whether the idea that one who initiated adjudication in secular court and lost cannot demand a retrial in beit din is based on accepting the ruling or on penalty, it does not apply at the earliest stages of adjudication.]
P'ninat Mishpat (829)
Various Rabbis
417 - Going to Beit Din After Suing in Secular Court – part I
418 - Going to Beit Din After Suing in Secular Court – part II
419 - Switching Accountants Due to Slow Results
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The Divrei Chayim (II:CM 1) said, regarding a similar case, that the plaintiff is required to pay expenses before continuing on to beit din. However, it is possible that this was only in a case when the plaintiff turned to beit din because he thought he would lose in the non-Jewish court and because the damage was very direct.
In our case, def has claimed that the reason pl wants to return tobeit din is that he believes he will lose in secular court. There is logic to penalize pl in such a case and refuse the request. However, def has not provided support, let alone proof, for that contention. In general also, when there is a doubt whether a penalty is forthcoming, we do not levy one (see Nachal Yitzchak, CM 25).
There is also a machloket haposkim (see S’ma 26:7 and Tumim 26:3) regarding a case where one already received a reward in secular court adjudication that he did not initiate, with some saying he is required to go to beit din to confirm he deserves the money. This is one more reason to prefer that the adjudication be transferred at this point tobeit din.
Therefore, pl is right to correct his path and return to beit din even if def wants to continue in secular court. (As usual, def may choose thebeit din which will adjudicate.)
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 II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 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.
