A chareidi family wanted to take a contractor to court to sue him for damages pertaining to an incident that occurred 17 years ago. When the beis din heard the family was going to the secular court, it intervened to prevent the lawsuit.
According to the Ynet report, this story begins 17 years ago when the mother and her one-year-old daughter were leaving their Jerusalem building to do some errands. A construction worker tipped a bucket of cement onto the child, leaving her permanently scarred for life. Now that she is 18, the family realizes her pain and suffering as she cannot find a shidduch.
Being that she is no longer a minor, the girl filed a lawsuit seeking damages in the Jerusalem District Court. The contractor refused to pay her and turned to a beis din, which in turn sent a letter to the young lady and her parents. The letter instructed the family to adjudicate the matter in the RabbanutMonetary Beis Din rather than seeking justice in the secular court. The beis din informed the family if it insists on continuing in the secular court they would face a cherem and community shame. The beis din reportedly highlighted the halachic issues with seeking to adjudicate such matters in a secular court.
The attorney for the family, Alon Chatnian told the press “We are dealing with serious damage that was inflicted on the young lady when she was one, pain that will accompany her for the rest of her life. To my sorrow the contractor has been irresponsible as he is trying using unacceptable means to respond to the lawsuit. This is a serious case of seeking to interfere with the judicial process. The Supreme Court has ruled some time ago prohibiting batei din to release such letters, כתבי סירוב”.
Chatnian explains the contactor has been schlepping the family along for years, promising to compensate them but it never happened. In the interim, the parents have consulted with medical experts in Israel and abroad but despite some optimism, the scars haven’t healed as hoped and their daughter remains scarred for life. The parents and the victim explain they have tried throughout the years, sought the best medical care but today, now that she is 18, all are aware that the scars are permanent and the contractor has no intentions of making good on his promises to pay damages.
Ynet quotes the Av Beis Din, Rav Avraham Dov Levine Shlita, who explains the beis din is not attempting to shame anyone, stating the letter is somewhat threatening but that is the entire matter, nothing more. The rav is quoted adding he is very cautious about releasing such letters amid an awareness if they are abused the public will not regard them with the seriousness the situation demands.
It is pointed out that the beis din has not violated any state laws for the prohibition against issuing a “siruv” letter only applies to private batei din, not a beis din affiliated with the Chief Rabbinate system.
(YWN – Israel Desk, Jerusalem)
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14 Responses
What’s going on here? Is a Beis Din able to force the contractor to pay damages? And how do they ensure payment?
This is so sad!
this family should follow halacha…. in addition, they should strengthen their emunah and bitachon b’hashem… oy vey! she’s 18 and isn’t married yet. plenty of pple without physical scars have waited to get married… if hkb”h wills it she’ll still marry the gadol hador..daven!
“The Supreme Court has ruled some time ago prohibiting batei din to release such letters, כתבי סירוב.”
In the United States batei dimim CAN write these, but in the Jewish state they can’t. Just saying.
If one is talking about a government (zionist) Beis Din, then the Beis Din is way out of line under Israeli law since the Israeli don’t approve of Beitei Din being involved in torts.
If one is talking about a hareidi (non-zionist) Beis Din, the issue is one of the extent the zionists will tolerate non-zionist Beitei Din. The details of the case are less important than the issue over whether the medinah will tolerate any sort of hareidi autonomy.
One should ask why the claims were not brought when the accident occured, was their a settlement then, and in what forum. Are both parties hareidi? Does the contractor have assets that a Beis Din couldn’t seize but that a government court could seize to pay a judgment?
Sue then both. The contractor for damages. And bais din for getting involved in a suit that’s not their business. I’m sure contractor ran to them for relief
The Beis Din is 100% correct. It is halachicly prohibited to use the secular court. And if the familiy insists on using the State court instead of beis din, they should be put in cherem by beis din and their cherem widely publicized.
#3 – In the U.S. batei dinim that write such letters AFTER a case is already in secular court can get sued for interference, and will likely lose. You would be hard pressed to find a LEGITIMATE bais din in the U.S> that would write such a letter in these circumstances.
#2 – It’s easy to be critical of this family. You don’t have to live with this, AND neither you nor I know many of the details that might be pertinent to forming an intelligent opinion.
She should change her last name to ‘Yosef’. Then she would have all the protektzia she needs in the bais din and they would give her permission to go to court.
“if hkb”h wills it she’ll still marry the gadol hador..daven”
if hkb”h wills it, maybe you will live in reality.
See about Rav Assi, Kiddushin 31b. He lived in reality concerning shidduchim.
And money from the contractor will get her a shidduch??
esmith92000 #3: In the U.S. a beis din can write such a letter any time, before or after secular court action commenced, and is fully protected by the First Amendment’s protection to practice religion as a beis din and by Free Speech.
Going to secular court is a grave sin and worthy of condemnation and religious sanction.
It’s just more of their stupid games. In cases where a party refuses the obey the Din Torah a heter is given to take the case to the secular courts.
Though obvious, the answer to #10 is yes, enough money will get a shidduch for anyone. How many stories are out there from the past where the richest person in a village always asks (and receives) from the Rosh Yeshivah the best student to marry his daughter.
This is one of those moments that I thank Hashem to have grown up in a Young Israel community and to live in a centrist-Orthodox neighborhood. And for those individuals bashing the family, I wonder how many have actually walked in their shoes, and I also wonder whether the family is choosing to sue in the secular court because the contractor (who seems to have already shown bad faith by refusing to pay anything) may have coopted this particular Beis Din.