Kol Koreh (Announcement) from
about 70 Rabbis
Prohibiting Archaos (Civil Courts) and Mesirah
This Kol Koreh Letter stresses the severe prohibition of informing on
Jews who do not pose a danger to the public, and also the prohibition of suing
other Jews in civil courts, especially in matrimonial matters. It was signed by
many prominent rabbis.
KOL KOREH 70
GADOLIM
The Kol Koreh Letter with Rabbinic Seals
KOL KOREH
70 GADOLIM
English Kol Koreh Forbidding M'sira
Below is an approximate English translation of the Rabbinic
Kol Koreh letter
which stresses the severe prohibition
of utilizing archaos and the prohibition of mesirah, especially in matrimonial
matters. It was signed by many prominent rabbis.
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A STERN WARNING
We, the undersigned, in the name of HASHEM and His Torah, are
greatly pained by the terrible chilul Hashem which has been occurring
recently, even among Torah observers, who allow themselves to transgress the
prohibition of avoda zora through the use of non-Jewish courts with his fellow
Jew.
Regardless whether the parties are coerced or even willfully
participate, it is included under the dreaded ban of mesira as explained
in Shulchan Aruch (Choshen Mishpat 388:9) that one who has a Jew tried by
non-Jewish courts, even if the defendant was wicked and harassed him, the
plaintiff has no share in Olam Haba. The Gemara (Rosh Hashana 17a, Avoda
Zora 26b) mentions that a moser descends to Gehenom and is punished for
many generations.
We therefore warn our fellow Jews of the following:
1) No Jew or Jewess, wherever he may be, is allowed to go to a non-Jewish court,
or to their offices or officers, without exception. If there should be any
disagreement between Jews, they should turn to a Jewish Beis Din for their legal
proceedings according to Jewish law.
2) It is not permissible under any circumstances, to summon a fellow Jew to a
non-Jewish court prior to summoning him to a Jewish Beis Din. If he refuses to
appear at the Beis Din after receiving three subpoenas, the Beis Din will issue
a Contempt of Court ("siruv") and treat him as described in Shulchan Aruch.
3) No Jew, even if he is a rabbi or leader, is allowed to permit other Jews to
go to non-Jewish court before summoning the other party to Beis Din, without
following the procedure as described above (paragraph 2). Just as no rabbi or
leader can allow the worship of avoda zora or the desecration of Shabbos,
likewise permitting Jews to go to non-Jewish court is prohibited. If one did so,
he is considered a "machtei es horabim" (one who causes other to sin) and is
required to be excommunicated.
4) A Jew or Jewess who says that they will take a fellow Jew to the non-Jewish
courts, and they were warned of their sin and didn't listen, mitzva laha'rog
otam, and whoever acts first is worthy, as is the case of a rodeif
(one who chasing a person to kill him). (Shulchan Aruch, Choshen Mishpat ibid.)
5) A Jewish man or woman who calls the police on the other, is included in the
classification of moser. This is also true if they were quarreling,
chas v'sholom, unless there was a life threatening situation when it is
permitted if no other means are available to save oneself. However, afterwards
one should go to Beis Din.
6) Whoever is awarded money by a non-Jewish court, whether it be from business
dealings, or alimony or child support, in an instance when it is not entitled by
the laws of the Torah, such money is considered stolen ("gezel"). If we have the
opportunity to help the one whose money was taken through the non-Jewish court,
we should do so. If the moser repents, he must return all improperly
acquired monies and related expenses, and must beg forgiveness of the one from
whom he extracted money for all the suffering that he caused him.
7) It is a mitzva to publicize the names and addresses of Jewish
mosrim and their supporters, in order for Jews to know from whom to stay
away. Whoever knows of a moser that hasn't repented, it is forbidden to
assist him in any way until he repents.
8) Women who turn to a non-Jewish court to force their husbands to divorce them,
or to receive money not in accordance with the halacha, such a get is
invalid and the money is stolen, and it is forbidden to marry these women. If
the woman remarried with this get, children born from the marriage are
mamzeirim. Likewise, men who are required according to the Torah to divorce
their wives, as ordered by Beis Din, and they refuse to obey the Beis Din in
order to render their wives agunos, it is a mitzva to excommunicate them from
other Jews and to publicize their names until they listen to Beis Din and
divorce their wives.
9) Women who summon their husbands to a non-Jewish court, it is forbidden to
marry them, for they are considered wicked ("reshaim") who descend to Gehenom
and forfeit their share in Olam Haba, and therefore they should remain
unmarried for the rest of their lives. Regarding one who does marry such a
woman, our Rabbis tell us that the first husband removed a rasha'a from his
house and now a second man takes her into his home! If the second husband is
worthy, he will divorce her, otherwise, she will become a widow and bury him . .
.
10) It is a mitzva to publicize the "rabbis" who advise men and women to
go to non-Jewish court, without following the procedure as described above
(paragraph 2), for they are responsible for the terrible chilul Hashem
and abandonment of the Torah. Their ways are repulsive and their halachic
decisions are invalid, since they are considered from those who cause the public
to sin, which is from the twenty four items that prevent one from repenting. The
Rambam (Hil. Teshuva 4:1) explains: twenty four items prevent repentance, and
four of those items are great sins that Hashem does not give one the opportunity
to repent according to the severity of the sin. Those items are: 1) one who
causes the public to sin, 2) one who influences his friend away from the proper
path to a lifestyle of evil, such as a meisis u'madiach, 3) whoever can
protest the wrong ways of others, whether an individual or a group, and doesn't
do so but allows them to remain in their wrong ways etc. And these three items
are all found by these advisors who convince men and women to go to non-Jewish
court.
We are awakening everyone to restrain themselves and their families from this
evil way of emulating the goyim, chas v'sholom. Whoever knows of these
transgressors should supply us with their name and address and we will be on the
lookout.
Yechezkel Hanovi tells us: "That you say, `Let us live like
the goyim,' that will never happen."
In the merit of this may we be worthy of the Redemption, speedily in our times.
Vaad Olami L'maan Kovod HaTorah V'haganas Hadas
