New Regional Court Led by Rabbi Zamir Cohen: Bringing Peace to Financial Disputes

What is the most likely cause of a rift between family members and friends? You guessed it right: money. Almost all of us know many examples of good neighbors, close friends, or loyal siblings who have had serious conflicts over some financial argument. Rabbi Zamir Cohen, who receives inquiries on such matters almost daily, decided to respond to the many urgings and do something about it.

"The court is intended to decide financial disputes and thereby bring peace between people who cannot resolve their financial argument," says Rabbi Zamir Cohen about the court in Beitar Illit. "When the parties come to us, they sign an arbitration agreement that gives the court the authority to make decisions that are both binding and valid for both parties - according to Torah law and state law."

Is it a lawsuit under Torah law or a request for compromise?

"This depends on the will and consent of the parties, as declared by the plaintiff or by the parties in writing when the case is opened. When both parties ask the court to mediate between them, the judges make every effort to ensure that both parties are satisfied. However, the court's decision is binding for both parties even if someone is dissatisfied with the verdict. In any dispute, each party wants everything decided in their favor, but that's the nature of compromise, where each side concedes something."

What happens when the defendant refuses to come to the court, is the plaintiff allowed to bring him to a civil court?

"In a civil lawsuit, there's a significant halachic issue because they do not judge according to Torah law and may require money inappropriately. Even if the ruling matches Torah law, merely filing a lawsuit in a court where judges do not rule according to Torah law is prohibited according to halacha. On the other hand, regrettably and surprisingly, the state does not grant enforcement powers to courts that judge according to original Israeli laws, namely Torah law. Therefore, when a defendant refuses to come to the court, the court allows the plaintiff to sue in civil court. This way, the plaintiff receives the halachic permission to sue in civil court. However, to avoid theft, after a civil court ruling, the plaintiff must consult a judge to verify whether they received what is rightfully theirs according to halacha, or more than entitled."

In the panels where Rabbi Zamir Cohen serves as a judge, he acts as the head of the court. However, due to the heavy public workload on his shoulders, the rabbi does not personally sit on all the court panels, although all the judges were personally selected by him and consult with him on any doubts.

The court is intended as a solution for people who find themselves in a financial dispute, but the rabbi recommends doing everything possible in advance to avoid reaching such disputes. "Business partnerships, for instance, are not a good thing," he says. "Most partnerships start with closeness, friendship, and *l'chaim* toastings and end in big arguments. It's not advisable, especially with family members. Even if one thinks that the partnership will yield more profits, it's better to start a business alone and trust Hashem that what you deserve you will receive."

What should someone do who is already in a partnership or any other situation where financial disagreements arise? "Even if someone has wronged you, if you can forgive, forgive," advises Rabbi Zamir Cohen. "In inheritances, in neighborhood matters - it's always better to forbear and forgive for the sake of peace. If there's a dispute that really cannot be resolved, it's worthwhile going to a rabbinical court, not as a plaintiff and defendant but as two parties seeking arbitration. In such a court, a considerable effort is made to reach, if possible, a compromise so that both parties are satisfied."

Rabbi Zamir Cohen's new court, 'Nezer HaMishpat', will function, as mentioned, as a court dealing with monetary matters, aiming to promote peace between people.