Before them and not before star workers where there is a reasonable alternative
Hello Rabbi,
Let’s say a person is in a divorce dispute and can choose between two options, litigation before a rabbinical court or a family court. Is he legally obligated to choose the rabbinical court?
Best regards,
In principle, according to Halacha, every matter is supposed to be heard in a rabbinical court. But in my opinion, there is currently no such obligation for several reasons. First, with regard to property law, the courts do not have the authority to enforce, bring witnesses, examine evidence, etc. But in personal law, this does exist. Beyond that, in most cases, the court does not hear according to Torah law, but rather according to a compromise (close to law?) and according to state law. Therefore, I do not see why it is appropriate to go to them specifically.
By the way, there are all kinds of myths about where it is better to argue, for men and women. I understand that these are myths, and in many cases the court actually favors women. But it is worth clarifying this with those who know the reality.
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