Machne Menachem

THE TORAH PROHIBITION OF GOING TO CIVIL COURT

Posted in Uncategorized by machnemenachem on June 21, 2009

Originally, when we heard that Spritzer was planning to sue us, Yosef Goldman and I sent a letter (see Exhibit #5) to the Beth Din warning about the potential Chillul Hashem and damage a civil court case could cause. We mentioned our past experiences with Spritzer, his stubborn refusal to show anyone the bank statements, and that we had never resigned from the board of directors. This letter – an important document – allegedly disappeared from the Beth Din archives, although I still have a copy.

After the court case began and the judge ordered the camp account reopened, I asked Rabbi Marlow whether Spritzer and Schreiber had permission to continue their civil case against us. Rabbi Marlow told me unequivocally that now that the account had been reopened, they had no permission whatsoever to continue the case, adding that he did not believe they would now continue.

Permission to resolve a dispute in civil court normally is granted by a Beth Din only after a defendant refuses to come to a Din Torah or refuses to obey the Beth Din’s ruling.

In this case, however, as Rabbi Marlow is aware, I have never been summoned to any Din Torah. On the contrary, I have repeatedly made it known that I am ready to go to a Din Torah and obey whatever the Rabbonim rule. Therefore, according to Halacha, taking me to court is utterly prohibited and has no justification whatsoever. As is well-known, this is a very serious prohibition.

After I was served court papers, I went to Rabbi Marlow accompanied by a friend and showed them to him. In our presence, Rabbi Marlow phoned Yaakov Spritzer and told him he had no permission to take us to court before having a Din Torah with us. We could hear both sides of the conversation as Rabbi Marlow had the speaker phone on to let us hear his response.

Spritzer had the gall to reply that “there are other Rabbonim in the neighborhood.”

Rabbi Marlow retorted: “That may be true but I, Kalman Marlow, forbid you to do anything in court but only at a Din Torah.”

Regardless of Rabbi Marlow’s explicit Halachic ruling to him, Spritzer refused to obey. He never summoned me to a Din Torah but continued his court case against me!

Nor is this an isolated example. Spritzer has never obeyed the Rabbonim’s ruling to pay over $10,000 to Meir Kahanov, nor their ruling to pay Sholom Horowitz $5000 or more for the brutal beating he and his sons gave him in Shul one Simchas Torah. He has a record of flouting Halacha and the authority of the Rabbonim!

So why is it that so many of those eager to defend the honor of the Rabbonim are rallying to support someone with such a record of flouting their authority?

Since then, seeing that they were still not dropping their case, I have sent several others to speak to Rabbi Marlow. Again he told them that our adversaries have no permission or justification whatsoever to continue this case in court. When members of my family spoke to Rabbi Nissan Mangel about it, he told them he had never given them permission to go to court and that he knew nothing about it.

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