By From writings of Harav Chaim Kohn shlita | |||
#249 |
Ki Tisa |
3.03.2015 |
N/A |
In general, Halachah demands litigation in beis din and prohibits turning to civil court for adjudication. However, in certain situations Halachah allows litigation in civil court (C.M. 26:1).
In the ensuing series, be”H, we will address details of this issue. Among the questions are:
What is the source of and reason for this halachah? What is the status of a Jewish civil court?
What if no beis din is available? What if there is mutual agreement to litigate in civil court or it is stipulated in the contract?
Does this halachah include also arbitration in civil courts? In trade courts?
What if the other party refuses the summons to beis din or sues in civil court?
After suing unsuccessfully in civil court, can one litigate in beis din?
Can one turn to civil court for legal measures such as stop orders?