May One Sign a Contract That Says That All Disputes Will be Decided by a Secular Court?
Question 1: If one signs a contract that says that disputes will be resolved in a secular court, will the bais din rule according to secular law? Question 2: What is the prohibition of signing such a contract if you don't actually end up going there?
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Answer 1: This question comes up often as many contracts have such a stipulation. At one point, I even considered that it may be a good idea to have such a stipulation, as it makes a bais din's ruling more enforceable because the contract is more legally binding; however, I spoke the matter over with one of the most respected dayanim in America, and he disagreed.
Similarly, the Taz quotes a Teshuvas HaRosh, which he understands to mean that it is forbidden to sign any contract that provides jurisdiction to a secular court if the intention is to force the parties to take their disputes to such a court. My rebbi, Rav Shlomo Miller, also ruled that it is preferable not to sign any contract that contains such a clause.
Answer 2: It would seem to be that by signing such a contract one is expressing an intent to do an aveirah, which is forbidden. | | If you have any questions related to these shiurim, you can reply directly to this email. | | OR SEARCH "BUSINESS HALACHA DAILY" VIA YOUR FAVORITE PODCAST VENUE | | | | | | |
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