Q&A from the Bais HaVaad Halacha Hotline

Long Time No Sue

June 26, 2025

Q Can someone sue in bais din for an injury after the time limit set by the state’s statute of limitations has elapsed?

A Statutes of limitations are designed to encourage timely pursuit of legal claims and to protect defendants from the indefinite threat of litigation. For example, in a slip-and-fall case, the plaintiff typically has between two and six years to sue, depending on the state.

The only specific mention of a time limit in halacha for monetary claims is for a widow collecting her ksubah, where after 25 years pass, the debt is deemed forgiven (Ksubos 104a and E.H. 101:1). The Shulchan Aruch (C.M. 98:1) clearly rules that a loan can be collected many years later—even after the lender has despaired of repayment—without suggesting that torts or injury claims should be treated differently, implying that they too can be claimed indefinitely.

But two halachic concepts may influence the application of the statute of limitations on one’s halachic right to sue: dina demalchusa dina (the law of the government is the law) and minhag (custom).

The principle of dina demalchusa dina is that halacha recognizes state law in financial matters, but the rule is complex and nuanced. A basic rule of thumb is that laws not directly concerning the government are not recognized as halacha. That would presumably apply here, allowing the claim to be made at any time (see Pis’chei Choshen Halva’ah 1:29 in footnote).

In certain situations, civil laws create an implied agreement that affects the halachic outcome of a case, based on the concept of minhag. For example, rules outlined in the Uniform Commercial Code may be enforceable in bais din in many business cases, because it is assumed that businessmen conduct their affairs according to those rules (see Shu”t Chasam Sofer C.M. 96). This principle is applicable to business dealings, but applying it to injury and damage claims would be inapposite, as such obligations arise from unintentional events rather than mutual agreements. In those cases, the parties involved did not agree to have their halachic affairs governed by state law, so the statute of limitations has little to no impact on one’s right to sue in bais din.

An exception is if one is suing for legally actionable though halachically unfounded damages that are enforceable in bais din based on minhag. In such cases, the claim would be subject to the statute of limitations, because it is entirely secular in nature (see Kovetz Bais Hillel 5759:1 p. 24).