Translation:Shulchan Aruch/Choshen Mishpat/26

From Wikisource
Jump to navigation Jump to search
Shulchan Aruch by Yosef Karo, translated from Hebrew by Wikisource
Choshen Mishpat 26

Paragraph 1- One is prohibited from being judged by gentile judges, as well as in their courts, even if they follow Jewish law. Even if the parties accepted, it is prohibited. Anyone who is judged in front of them is wicked and it is as if he blasphemed, rebelled and lifted his hands against Toras Moshe. The Jewish court has the power to put a nidui and cherem on him until he removes the case against his adversary from the secular court. We similarly put a cherem on anyone who goes to a gentile, even if it is not to be judged, but just to have him force his adversary to a Jewish court. It is appropriate to lash him on the pillar. See later Siman 388 with respect to someone who goes to a secular court and is found liable and then comes in front of a Jewish court. Some say we do not assist him while some say we do unless he caused a loss to his adversary in the secular court. The first opinion seems to me to be the primary one.

Paragraph 2- If the gentiles are in power, and an individual’s adversary is strong and he cannot use Jewish judges to save his money, he should call him to a Jewish court fist. If the adversary does not want to come, he will get permission from the court and use the secular courts to save his money from his adversary. The Jewish court is permitted to go to the non-Jew and testify that the party owes the other party money. This is only when he does not want to follow the law. Otherwise, the Jewish court is prohibited from granting permission to go to a secular court.

Paragraph 3- If one accepts via kinyan to be judged in front of a gentile, it is meaningless and he is prohibited from being judged in front of them. If he accepted that if he does not go to the secular court then he will have to give this and this amount to poor people, he is prohibited from going and he must pay what he accepted to give to the poor people. There are those that say the Jewish court will not take the money from him, but just inform him that the vow took effect.

Paragraph 4- If the document says that one can call him to secular courts, he is still not permitted to call him there. If he gave the document to a gentile so that he can call him to secular courts, he must pay whatever amount he paid that was in excess what he would have been liable in a Jewish court. This is only where he is able to force him to be judged by a Jewish court. If, however, the borrower is strong, he may give it over the gentile. See later at the end of Siman 369 with respect to where the gentile sold a loan with a Jew to another Jew, with respect to whether or not he can use secular courts.