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15 Adar II 5760 - March 22, 2000 | Mordecai Plaut, director Published Weekly
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Three Prominent Botei Din Decry Involving Secular Courts in Disputes Between Neighbors

by Betzalel Kahn

Three prominent botei din have decried the current trend among chareidi Jews of applying to secular courts in disputes between neighbors without first receiving written permission to do so from a beis din.

This letter is signed by the prominent botei din of Jerusalem and Bnei Brak: the beis din of HaRav Nissim Karelitz; the beis din of HaRav Shmuel Wosner; and the beis din of the Eida HaChareidis.

The letter states: "Recently this serious transgression of going to secular courts and of mesira in monetary issues has become very commonplace. The Shulchan Oruch refers to this as a very serious sin. Chazal are very stringent in their assessment of the immensity of the sin and the greatness of the punishment. Today, many people err and permit themselves to apply to these courts in disputes between neighbors. This constitutes informing on one's fellow to the authorities and giving Jews' money to the secular court system. All this is liable to result in theft and in the loss of the money of Jews in violation of the halocho.

"How great the pain over the affront to Torah when bnei Torah let secular courts -- which are very far from yirah and mitzvah observance -- decide in their disputes."

The botei din also write that there is no heter to apply to secular authorities without having first received written permission from a beis din to do so.

"We also warn those who are involved in building houses, yards, and the like to ascertain what is permitted prior to the start of construction and not deviate from what is permissible according to halocho. Whoever has a complaint about the activities of his fellow should present it to a beis din."


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