Married daughters suing their father in court

The two married daughters sued their father in secular courts without permission of beis din. The basis of the claim was his allegedly withholding part of the income from a piece of real estate he had put in their names.

When questioned by Rav Nota Greenblatt shlit”a, Av Beis Din of Memphis Tenn., what gave Mrs. Broderick the right to take her father to court, her husband, Raanan Broderick responded that they had a Heter from a Secret Rov, whose reason for the Heter was “also a secret.”

Summons and Complaint cover: Miriam Ort and Sarah Ort-Broderick v. Philip Ort and Abraham Ort (NY Supreme Court, Kings County)

This documents them seeking a court injunction against Rabbi Ort for sending them a hazmana to a din torah that they claim will “unfairly stigmatize them in their religious community.”

Third Count of the daughters’ complaint: injunction against the Rabbinic arbitration

Lawsuit amount; 1 million dollars, plus interest and legal fees.

Daughters’ complaint prayer for relief: no less than $1,000,000 on the Eighth Count (December 3, 2002)

This action was repeated three times!

The letter from Beis Din denouncing their actions:

Siruv of the Baltimore Bais Din regarding Mrs. Chana Miriam Hirsch (née Ort)

Translation: This is to make known that Mrs. CHANA MIRIAM (wife of R’ Eliezer Chaim) HIRSCH of Monsey N.Y. IS GOING TO COURT AGAINST THE DIN AND WITHOUT PERMISSION FROM BAIS DIN, to draw out huge amounts of money from her father contrary to Jewish law. One who does so “is called a rosho, and is as if they blasphemed and rebelled against the Torah of Moshe Rabbeinu”, as is paskined in Shulchan Aruch (Choshen Mishpat 26).

This is aside from (the issur of) absolute THEFT and CAUSING OF DAMAGE involved in such claims, “AND BAIS DIN HAS THE RIGHT TO EXCOMMUNICATE HIM” as the Rema paskins (ibid) and adds: “AND SO TOO WE EXCOMMUNICATE ANYONE WHO HELPS SOMEONE WHO GOES BEFORE GENTILE COURT”.

Based on that we have also summoned her husband, but he excuses himself by claiming that he cannot stop his wife’s actions.

Therefore, with great anguish, we publicize this for all to know to protest against her actions, to save the victim from the wrongdoer, in order that all should know about this and desist from making the nations to be our judges.

May we speedily merit the establishment of the authority of the laws of the holy Torah.

To this we sign on I3 Shevat 5763

(R.) Yakov Hopfer

(R.) Simcha Bunim Shafrin

(R.) Mordechai Shuchatowitz

Rav Nota Greenblatt writes:

Rabbi Greenblatt’s letter denouncing the ‘secret heter’ for suing in civil court (9 Adar I, 5763)

Translation:

Regarding the claims in civil court, filed by Mrs. SORO ROCHEL, THE WIFE OF R. BRODERICK shlit”a, MEMBER OF THE KOLLEL IN DALLAS, in my area, against her father R. Avrohom Ort shlit”a who wishes to adjudicate in Bais Din according to the laws of the Torah. They are excusing themselves that they received permission to go to court from someone that is secret, and the reason for the permission is also secret.

But it is absolutely clear that such a critical question whether to adjudicate in the courts, which entails a CHILLUL HASHEM, as Rashi brings in the beginning of Parshas Mishpatim, is not a private shylah, pertaining only to the one making the claim, like a shylah in hilchos Shabbos or something similar. Especially in this country where it necessitates the one being sued to hire lawyers, which, as is well known, is almost an endless expense. and this in itself is A CAUSE OF GREAT MONETARY DAMAGE and surely a reliable Bais Din would not permit to adjudicate before the civil courts EXCEPT AFTER HEARING THE CLAIMS FROM BOTH SIDES, and then after great consideration WRITE THEIR OPINION.

And truthfully there is no need to elucidate on this because EVERYTHING THAT THEY ARE SAYING, THAT THEY HAVE A HETER, IS AN ABSURD JOKE, for if so, no one is left safe, for any claimant who feels that it is better for him to sue in court will say the same, and there need be no more Dinei Torah among the Jewish people chas v’sholom.