Rav Shmuel Honigswachs Question: If one signs a contract that says that disputes will be resolved in a secular court, will the bais din rule according to secular law? Answer: Although one should not sign a contract that…
Rav Shmuel Honigswachs Question: May one sign a contract with another Jew that says that all disputes will be adjudicated in a secular court? Answer: This question comes up often as many contracts have such a stipulation. At one point,…
Rav Shmuel Honigwachs Question: My neighbor wants to build an extension onto his house that I feel will negatively affect me. He needs a variance from the local Zoning Board in order to do so. Am I permitted to object…
Rav Shmuel Honigswachs Question: Am I allowed to take an irreligious Jew to a secular court if he is unlikely to agree to go to bais din? Answer: Unfortunately, this question isn’t limited to irreligious Jews. It also…
Rav Shmuel Honigwachs Question: There are many frum lawyers today. If one Jew is going against halacha and taking another to a secular court, would a Jewish lawyer be allowed to represent him? Answer: Sefer Seder Hadin cites Teshuvos…
Rav Shmuel Hongiwachs Question: When is it permitted for a plaintiff to take a defendant who refuses to go to bais din to a secular court? What about using a secular court to get a restraining order? Answer: The standard…
Rav Dovid Josilowsky Question: Typically, if one party has the money under dispute in his possession, he has the upper hand because of the rule of “hamotzi m’chavero alav haraya.” This means that the other party has to prove that…
Rav Dovid Josilowsky Question: The Gemara speaks about many cases where there is an obligation for one party to make a shavuah. How do contemporary batei din deal with that? Answer: Today’s batei din will never tell someone…
Rav Dovid Josilowsky Question: If a dayan has reason to suspect that one of the litigants is lying, what should do about it? Answer: The Gemara describes how dayanim would sometimes pasken according to “umdenah”, i.e., their own…
Rav Dovid Josilowsky Question: We know that bais din will sometimes recommend a pshara. Will they ever force a pshara? Answer: Yes. There are times when bais din does not really have any other choice other than to enforce a…