Rabbonim letters
Rav Nissim Karelitz on Arkaos
A rabbinical letter on the Ort case, transcribed verbatim.
The Baltimore Beis Din asked Rav Nissim Karelitz if one can rely on a psak from a Rov who did not hear both sides of the case in order to be permitted to go to court.
Handwritten response of Rav Nissim Karelitz
Rav Nissim responds:
Handwritten response of Rav Nissim Karelitz
Translation:
To Horav Hagaon Rav Mordechai Shuchatowitz shlit"a
Av Beis Din D’Baltimore
Regarding the shaila of Arkaos, when do we permit going to the courts, and who can permit it, we shall copy that which was publicized in Eretz Yisroel.
“Being that there were mistakes in the matter of granting permission to go to courts, therefore we shall establish and clarify and make known: Permission to turn to the courts can be given only in writing and only through experienced Dayanim, after examination which is of the type that is as clear as day and as clear as ‘Achoscha’. We have sealed on this for the sake of Hashem’s true Judgements
Yosef Shalom Elyashiv, Shmuel Halevi Wosner, Sh. Y. Karelitz”
And we reply that the question if to permit, has the stringency of Dinei Momonos and the stringency of the issur of going to court. And at minimum, it is forbidden to do anything without a Beis Din that heard from both sides issuing a ruling, and these matters also involve a “chashash gezel”.
Nissim Karelitz