Kol Koreh on Issur Archaos
An Unofficial, Informal Translation of the Kol Koreh is provided
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KOL KOREH
Let It Be Known and Revealed
That every Jewish man and woman who transgresses the faith and
litigates in civil courts without the permission of a Bais Din, have lost their
right, and their legal opponent in Bais Din has the upper hand, if they have
caused them any financial loss in the civil court then he is obligated to
reimburse him. If he has won a judgment in civil court, then his legal opponent
is not obligated to pay him the judgment according to the Torah (as explained in
Choshen Mishpat, Chapter 26). The husband of a wife who litigated in civil court
is allowed to obtain a HETER MEAH RABBANIM immediately, and she should not be
granted a GET until she compensates him for all his losses, and she should
provide collateral that she will not return to the civil courts, and if she
returns, the GET is annulled retroactively, as ruled in Shulchan Aruch.
A) As per Choshen Mishpat Chapter 26, paragraph A, it is
prohibited to litigate before non-Jewish courts etc.; and a Bais Din is required
to ostracize, and to apply corporal punishment until the Plaintiff withdraws his
lawsuit from civil court.
B) Those utilizing the civil courts are judged as MOSRIM,
along with all those who act in concert with them.
C) EIDUS is accepted against a MOSER even while he is not
present.
D) Let it be known that a wife who litigates a divorce in
civil court, that it is very difficult for her to obtain a kosher GET, because
there is always a likelihood that she will return to the civil court once she
obtains a GET, and thus the GET will become invalid, as explained in Seder HaGET,
paragraph 81, where if the husband states "had I known before I provided a GET
(that she would return to civil court), I would not have divorced her", and thus
the GET is invalid by a SAFEK. All the more so here, where he gave the GET on
condition that she would not drag him back to civil court, and if she
transgresses thus, it is an erroneous GET, and it is certainly invalid. And if
she remarries the children are MAMZERIM, and therefore it is impossible to
provide a GET under any circumstances if there exists any suspicion that she
will return to civil court to continue litigating (after the husband has
provided a GET), it is therefore likely that she will have to wait a long time
until it will be clarified that she will not return to civil courts again.
Therefore the House of Israel should be forewarned to refrain from utilizing
civil courts, aside from the awesome sin of utilizing civil courts, and Peace be
upon Israel.
E) Both husband and wife are prohibited from making any new
claims against each other after a GET is provided in a Bais Din, and all the
more so in civil courts.
F) Rabbis who allow Jews to litigate in civil courts, in a
situation where their adversary is not refusing to litigate in a Bais Din, and
where no SERUV has been issued against their adversary - it is forbidden to
litigate by them, and their halachic rulings are void, and all their HECHSHERIM
are void, and all their bread is PAS AKUM, and their wine is YAYIN NESECH, and
it is forbidden to daven by them, until they will publicly repent from their
evil ways, as the Remah ruled "We ostracize those who are acting in concert with
Jews who appear before the civil courts."
G) Rabbis who accept Jews in DINEI Torah while they are
litigating in civil courts - there is no obligation on the other party to answer
their claims, and whatever these rabbis do and rule has no value, and their
status is less than the status of a Bais Din of simpletons and ignoramuses, as
the Great Rabbinic Authorities have clarified thus. It is also pertinent to note
that a Restraining Order (or Order of Protection, etc.) is also considered
utilizing civil courts in violation of HALACHA. In such a case, permission from
a Bais Din is required if there is adequate time to obtain it, as long as it is
not an actual life threatening situation.
And whoever obeys the Torah will blossom in his days, and
whatever endeavor he turns to, he will succeed, and he will dwell in security
and peace. Amen.
