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Boston. MA - Foreclosure Case Taken to Din Torah.

Published on: March 25, 2008 11:43 AM
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Boston, MA - With the national mortgage crisis growing worse by the day, a Boston lawyer is looking to alleviate matters by appealing to Jewish law.

David Grossack, an attorney representing an elderly couple whose home is being foreclosed on, argued in a letter to a Boston rabbinical court, or beit din, that his opposing counsel, Jewish lawyers who represent the Federal National Mortgage Association, have defied Jewish law and therefore should be excommunicated. To be specific, Grossack is seeks for them to be put in what’s known as cherem, or full exclusion from the Jewish community. This legal feature in Halacha, or Jewish law, was famously applied to philosopher Baruch Spinoza in the 17th century but has been used very rarely in modern times. read extended  article [Forward]


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1

 Mar 26, 2008 at 09:19 AM Anonymous Says:

Anonymous said...
The respect for the Bais Din had diminished in recent years due to the fact that so many rabbonim and rebbeim took their personal cases to secular court. If THEY do it, then the average Yid will also. APplies to all halachot really.

March 25, 2008 4:25 PM

It has been the conduct of most botai din that has diminished our respect for botai din. When you hear someone is going to din torah do you think to yourself 'baruch hashem, emes will prevail' or do you think 'I hope he hires the right to'ain'?

2

 Mar 26, 2008 at 09:16 AM Anonymous Says:

Anonymous said...
I don't know what kind of Bais Din this is but they seem to be wrong on the Jewish Law. Jewish Law does not prohibit two Jewish attorneys from opposing each other in a secular court, even if they did not attempt to resolve the matter in Bais Din first, on a matter over which they are not the actual litigating parties.

March 25, 2008 12:07 PM

Now that you have issued a psak din, would you mind telling us who you are so we know on whom we are somaich?

3

 Mar 25, 2008 at 10:31 PM biGwheeel Says:

Anon. 3:32PM. ...This is called venue shopping. It's not illegal to bribe a bais din... The beginning and the end of your (paragraph) post have no connection. Besides, try that and you'll be arrested. (oh my g-d).

4

 Mar 25, 2008 at 10:25 PM biGwheeel Says:

Will, "excommunicating" the attorney/s stop the foreclosure proceedings??!! of course not!!
Anon. 12:07PM. To enhance your point. (in reference to the fact that there is no [Jewish] Law that prohibits [two?] Jewish lawyers from being opposing counsel in a "Secular" Court). (it borders on the absurd!) In fact, there is [almost] no disqualifying factor for counsel even in a Rabbinical Court (Bais Din). (i.e.; being related to either of the litigants).

5

 Mar 25, 2008 at 06:26 PM Anonymous Says:

this is the most ridiculous thing I've ever read. While it is not permissable for two members of the Jewish faith to go to secular courts, it is certainly not the case with a secular banking institution to go to court with a jew. there is no prohibition to represent a non jew in court. this is a farce.

6

 Mar 25, 2008 at 04:25 PM Anonymous Says:

The respect for the Bais Din had diminished in recent years due to the fact that so many rabbonim and rebbeim took their personal cases to secular court. If THEY do it, then the average Yid will also. APplies to all halachot really.

7

 Mar 25, 2008 at 04:08 PM Anonymous Says:

Jews adjudicating in a non-Jewish court is not only asur but is also a chillul HaShem.

Period.

8

 Mar 25, 2008 at 03:32 PM Anonymous Says:

This is called venue shopping. It's not illegal to bribe a bais din

9

 Mar 25, 2008 at 01:26 PM Anonymous Says:

Helloooooooo!! Where have you all been. This is happening all the time. Didn't the break away from Bobov people take Bobov to court. It was only a frum judge that sent them to Bais Din!

10

 Mar 25, 2008 at 12:07 PM Anonymous Says:

I don't know what kind of Bais Din this is but they seem to be wrong on the Jewish Law. Jewish Law does not prohibit two Jewish attorneys from opposing each other in a secular court, even if they did not attempt to resolve the matter in Bais Din first, on a matter over which they are not the actual litigating parties.

11

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