1,190. Compromising Before Going to Court

181:1 When two people have a disagreement, it's best if they can compromise. Each one should give something up to the other in order to avoid the embarrassment of having their dispute end up in court.

181:2 If they are unable to reach a compromise and they must go to judgment, they must take their case to a Jewish court (beis din). We are not permitted to take our cases before a secular court, even one that would rule according to Jewish law. This is prohibited even if both parties want to go to the secular court. Even if the parties made a formal agreement to this effect or wrote so in their contract, it's meaningless. Whoever goes to litigate before a secular court is considered wicked like those who despise and rebel against the Torah. Even something that one may do himself, as will be explained in 181:9, may still not be done in a non-Jewish court. Even if one doesn't actually appear as a litigant before a non-Jewish court but he uses them to compel his opponent to appear before him in a Jewish court, he deserves to be whipped for this.

EDITOR'S NOTE: There are times when it may be permitted or even appropriate to appear before a secular court; see 181:3 and consult your rabbi.