By From writings of Harav Chaim Kohn shlita | |||
#259 |
Bamidbar |
20.05.2015 |
N/A |
Q: What can I do to make sure that my opponent will comply with beis din’s ruling?
A: Litigants can take legal measures to ensure that their opponent will fulfill beis din’s ruling, especially nowadays when beis din’s own ability to enforce its ruling is limited.
Therefore, each party can demand that the opponent sign an Agreement for Arbitration, to enable legal enforcement of beis din’s ruling. Refusing to sign this is tantamount to refusing to adjudicate (Neos Desheh #51; Maharsham 3:165).
Furthermore, if there is imminent concern that the opponent will hide property, it is sometimes permissible to place seizure measures on property in civil court, even without permission from beis din. However, since this usually requires submitting a claim in civil court, you must summon the other party at the same time to beis din and notify him that you sued in civil court only in order to seize the property. (See Shach, C.M. 75:2; Aruch Hashulchan, C.M. 4:5; Rama MiPano #51.)