Agudath Israel of America has filed an amicus curiae (friend of the court) brief in a little known case that will have significant repercussions for Orthodox Jews involved in cases before rabbinical courts.
In Terrace View Estates Homeowners v. Bates Drive Condominium, New York State Supreme Court justices will decide the application of an old statute prohibiting judicial proceedings on Sundays. Under the current interpretation – as per the ruling in the 1940 Brody v. Owen case – proceedings and rulings at religious arbitration panels, such as Bais Din rabbinical courts, are included as well. As such, courts frequently completely invalidate Bais Din rulings regarding any matter simply because the Bais Din held proceedings on a Sunday, even if both parties explicitly agreed to that arrangement.
In the extensive brief citing various legal arguments and judicial precedents, Agudath Israel of America argues that this interpretation violates the First Amendment of the U.S. Constitution as well as the Free Exercise Clause of the New York State Constitution, since it makes it unnecessarily difficult for Orthodox Jews to fulfill their religious priority to arbitrate matters before a Bais Din. Due to the work schedules of both Dayanim (religious judges) and the individuals who appear before them, Sundays are typically the most realistic option for the proceedings to be held on.
The brief argues that the statute prohibiting Sunday proceedings should apply exclusively to secular court proceedings, or, at most, also to religious arbitration where both parties did not explicitly agree to participate in Sunday proceedings.
The research and writing for the brief was done in large part by Joseph Lieberman, a student at Harvard Law School, and Mark Kahn, a student at Georgetown Law School. Rabbi Mordechai Biser, Agudath Israel of America’s general counsel, reviewed the brief and submitted it to the court. “I am hopeful that the court will find the arguments to be sound and make it easier for members of our community across the state to go to Bais Din whenever they desire,” he says.
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5 Responses
The statue should be overturned as a violation of freedom of religion, as it is enforcing Christian religious beliefs on no-work on Sundays in secular law.
There is no mention of such a law in Guide to Bais Din.
Perhaps the Agudah should first concentrate on the numerous court cases between two Jewish parties that are settled in Bes Din (because of social pressure to do so)and that are skewed due to one of the parties having greater influence in Bes Din. This occurred in a Bates Condominums case! One party in the case was directly connected to the Bes Din in which the case was being ruled (in this case the party had actually donated the building to the Bes Din)! The case only go thrown out because Bes Din was conducted on Sunday! Otherwise, the crooked party would’ve won! This above ruling has allowed Frum yidden to get cases from Bes Din thrown out in the secular courts that they otherwise would’ve unjustly lost. Yidden (and the Agudath Israel of America) should first fix the Bes Din system in America before trying to fix the secular courts.
Can YWN post a pdf copy of the Brief?
Yossi- I am so proud of you for being mejkadesh shem shamayim b’rabim! chazak V’amatz and much hatzlacha!