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Answer: [Some of the basics of the matter of adjudication in secular court are discussed in, among other places, Living the Halachic Process V:I-2.]
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
333 - Trying on Tefillin at Night
334 - Is Partial Compliance to Choshen Mishpat Helpful?
335 - Moving Kugel into a Cholent Pot – Revisited
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There are practical differences (some certain, some possible) between these elements, with each one applying to cases the other might not. The matter of taking money in an unauthorized manner might not apply when: 1. Both sides prefer the secular courts and thereby authorize the other side to receive the "fruits" of their ruling. 2. The side that won checked responsibly with halachic experts (including by telling all of the arguments the other side could raise) that he deserves the court’s award. The matter of preferring another judicial system may not apply if: 1. There is no beit din available to adjudicate (see Living the Halachic Process V:I-2). 2. From the perspective of one litigant, he had no choice because the other litigant refused to go to beit din.
If one has already received a favorable ruling from a secular court, is he allowed to accept the award without further investigation? The matter of disgracing the Torah has already occurred – in some cases he or both sides were at fault; in other cases, the other side forced him. The question is, in each of the scenarios, what to do about the money which he might have or might not have been awarded in beit din. See opinions on the matter in Techumin vol. XXV, p. 249-253 and Eretz Hemdah’s position paper from 5774.
Would it make a difference if the specific matter is something in which the secular courts follow Choshen Mishpat? As long as the system is based on a different judicial authority, the problem of disgrace remains. The Shulchan Aruch (CM 26:1) rules that one is not allowed to go to a non-Jewish court even regarding a topic in which their laws are identical to Halacha. The Tzitz Eliezer (XII:82), in expounding on a letter by Rav Tzvi Pesach Frank, says that the situation is not better and is, in some ways, worse regarding Jewish courts that adopt a non-Jewish system. In such cases, the matter of taking money not coming to the litigant is less likely to be a problem. On the other hand, those who are not trained in Halacha cannot be trusted to implement its rules correctly. Rav Yaakov Ariel (Techumin vol. I, p. 319-328) argues that accepting certain rulings based on halachic sources (what Israeli academia calls Mishpat Ivri) does not remove the halachic and philosophical problems of going to a secular court. On the other hand, purposely and increasingly adopting elements of Choshen Mishpat would (if it occurred) lessen the sting of rejecting Torah-based justice.
In summary, there are small gains when secular law adopts halachic laws and principles, but it does not remove or dramatically alter the halachic and philosophical problems of adjudicating before their courts.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
