Taking a Gentile to a secular court

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May one take a gentile to a secular court?

The Biblical prohibition against going to secular courts applies even against taking a gentile to such a court, and one who transgresses this prohibition has transgressed a negative command.[1] This applies even if the secular courts rule the same way as the Beis Din.[2] If one has a claim against a gentile one is this required to make his claim in Beis Din. Nevertheless, in the event that the gentile does not desire to go to a Beis Din, one may take him to a secular court.[3] It is not necessary to receive Rabbinical permission for this matter.[4] Furthermore, if it is common knowledge that the gentile will not agree to appear before a Beis Din then one may even initially take him to secular court without even offering him the initiative of going to Beis Din.[5] Practically, based on this assumption, many are accustomed to take gentiles to secular court without attempting the option of a Beis Din.[6] If however one knows that the gentile will agree to go to a Beis Din, and certainly if the gentile has expressed his will to do so, then it is forbidden to take him to a secular court, just as it is forbidden by a claim against a Jew.[7] In such a case, if one went ahead and took the gentile to secular court the money which was taken from the gentile is considered stolen, and he must return that money to him.[8]

 

[1] Tashbatz 2/290; Tanchuma Shoftim and Yalkut Shimoni Tehilim 147: From where do you learn that if a Jew and gentile have claims against each other that it is forbidden for the Jew to tell the gentile “Lets go to your courts”, this is learned from the verse of “Lo Asa Kein Lechol Goy Umishpatim Baal Yedaum” One who disobeys this law transgresses a negative command; Bein Yisrael Lenachri p. 32

[2] Tashbatz ibid

[3] Tashbatz Chut Hameshulash Tur Hashelishi 6; Bein Yisrael Lenachri p. 32

[4] Rav Paltoit brought in Rosh; Bein Yisrael Lenachri p. 32

[5] Daas Kedoshim 26/2 even regarding a Jew

[6] Tashbatz Chut Hameshulash Tur Hashelishi 6; Rav Mordechai Gross of Chanichei Hayeshivos

[7] Tashbatz Chut Hameshulash Tur Hashelishi 6; Bein Yisrael Lenachri p. 32

[8] Tashbatz 2/290

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.

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