Daily Halacha - Laws of Choshen Mishpat, 1 Tammuz 5777

Is it permissible to sue one's fellow in a secular court?

Even though the legal authority today granted by the government to adjudicate monetary and inheritance laws belongs to secular courts, and the judges there are Jewish, it is nevertheless clear that according to our holy Torah law, one who sues his fellow in their courts commits a grievous sin [Yalkut Yosef Siman 26, Yechaveh Da'at 4, 65].

When the defendant refuses to appear before a rabbinical court, is it permissible to sue them in a secular court?

In certain situations, it is permitted to sue in secular courts, such as when the defendant refuses to be judged in a rabbinical court. Even in such cases, permission is granted only through the authorization of a Torah scholar qualified to make such decisions.

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