By From writings of Harav Chaim Kohn shlita | |||
#525 |
Tzav |
19.03.2015 |
N/A |
Q: I live in a remote place where there is no beis din. May I adjudicate in civil court?
A: The Rema (C.M. 8:1) writes that where there are no Rabbis qualified to adjudicate, the community should appoint the most qualified people among them to rule, so that people should not turn to civil court. Aruch Hashulchan (C.M. 22:8) writes that this is not practiced nowadays, most likely because of the lack of communal authority.
Where there is no beis din reasonably available, arbitration is preferable, but it is permissible to turn to civil court to uphold justice. Presumably, the Torah does not prohibit turning to civil court when there is no beis din before whom to adjudicate; this is not viewed as a rejection of Torah law (Orach Mishpat, Rav Chazan, B.Y. 26:5). Given the ease of travel nowadays, though, this halachah has limited applicability.