By From writings of Harav Chaim Kohn shlita | |||
#260 |
Naso |
26.05.2015 |
N/A |
Q: Can I secure in civil court or other government agencies legal rights that do not involve adjudication?
A: If this is done willingly by both parties, it is not considered granting authority to a secular law system. Therefore, it is permissible to register in civil court rights that do not require adjudication, for example, to place a lien or mortgage on a borrower’s property or to have the proceedings of the beis din conferred there with legal status (Pischei Teshuvah, C.M. 26:3).
Furthermore, while government agencies that do not have adjudicating authority, such as the Better Business Bureau, might not be included in the prohibition of litigating in civil court, since a complaint there can cause monetary losses not warranted by Torah law and potential legal suits, one should consult with a qualified posek before submitting a complaint against a fellow Jew.