From the Rav’s Desk: May I Counter-Sue in Secular Court if a Fellow Jew Sued Me There First?

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May I Counter-Sue in Secular Court if a Fellow Jew Sued Me There First?

 

Question:
If a fellow Jew has brought a claim against me in a secular court, am I allowed to bring a counter-lawsuit against him in the same secular court, or must I first go to Beit Din?

 

Answer:
The fact that a fellow Jew has transgressed by taking you to secular court without first summoning you to Beit Din is indeed a serious violation of halacha. However, it is forbidden for you to retaliate by also taking him to secular court. Just because he violated halacha does not give you permission to do the same.

Instead, you should summon him to Beit Din in order to stop the secular court proceedings and have him address his claims in a halachically appropriate forum. Once the case is brought before Beit Din, you may then present your counterclaims there.

If necessary, Beit Din may issue a ruling that allows further action, but this must be done under their guidance. Acting independently by counter-suing in secular court without Beit Din authorization is not permitted.

Sources: See Michaber C.M. 26:1; Braisa Gittin 88b; Mahrsham 1:89; P”M O.C. 444 A”A 7; Mishneh Limelech Kilayim 1:6

About The Author

Rabbi Yaakov Goldstein is a 6th generation descendent of the famous Chief Rabbi of Izhmir, Rav Yehoshua Avraham Krispin, who authored a number of Sefarim, and was a colleague of Rav Chaim Falagi, and father in-law of the Pesach Hadvir. He currently lives with his wife Shayna, and twelve children K”H, in Tzfas, Israel. Rabbi Goldstein received Semicha from Rabbi Schneur Zalman Labkowski of the Tomchei Temimim headquarters in 2005 and served as a chaplain in the Lotar/Kalatz and K9 unit of the IDF from years 2005-2008. He is also a certified Shochet, and has performed Hashgacha work in slaughterhouses. Rabbi Goldstein is the director of Shulchanaruchharav.com, the world’s leading web-based Halacha database, and is the director of the Home Study Semicha Program, a self-study web-based Semicha program. He is a prolific author of over 50 Sefarim studied by a wide range of readers throughout the world, which is used regularly in Semicha programs around the globe. He is a world renowned Posek, answering questions to a web-based market, and serves as a local Posek, Rav, and Lecturer, in the Tzemach Tzedek community Shul in Tzefas, Israel. His many classes can be heard both from his website, Vimeo and YouTube channel. Students can join live to classes given in the Tzemach Tzedek Shul, through the “בית חבד צפת Chabad Tsfat” YouTube channel.