Rav Nota Greenblatt, Memphis

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 On 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. 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, would 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. What‘s more, it is UNBELIEVABLE THAT BNEI TORAH, WHO STUDY TORAH FULL TIME SHOULD BE INVOLVED IN THIS. To this I have affixed my signature on the date above, here, Memphis, Tenn. (Rabbi) Nota Tzvi, son of a.a.m.v. Horav Yitzchok Greenblatt