A Jew is supposed to resolve his issues within the community and not look to the goyim and their legal system for redress.
I say, can’t we all get along? If you’ve got a problem with somebody, don’t sue him in either Jewish or goyisha court. Be a man, even if you’re a woman, and redress your grievances through my blog. It’s what G-d would want you to do.
There are three principal reasons why a well-meaning pious Orthodox Jew might take his lawsuit with a fellow religious Jew to a secular court:
* He regards the Beit Din (Jewish Law Court) as corrupt. Traditionally, each litigant chooses one judge and then the two judges select a third judge. There’s been a lot of corruption. Women in particular have often been screwed. They’ve been counseled to patch things up with their husband rather than been granted a divorce and thick settlement.
* The case revolves around complex secular laws that few rabbis have expertise in.
* Kishke writes: "Where the Beis Din allows one party to take the case there, since the opposing party refuses the summons to Beis Din. In that case it’s not frowned upon at all (except by ignoramuses)."
Still, it is usually discouraged in Orthodox life to sue another frum Jew in secular court.
Rabbi Michael Broyde (at Emory University) is trying to restore the credibility of the Beit Din system.
