Halacha Concerning Joining and Participating in Non-Jewish Courts?

Question:
What is the halacha concerning joining and participating with non-Jewish courts?
 
Answer:
It is permissible in Chutz laAretz – dina demalkhutha dina. (See TB Nedharim 28a, Gittin 10b etc). Keep in mind too that gentiles are required to establish a court system: see MT, Hilkhoth Melakhim, Chapter 9. The exception would be when two Jews have a legal wrangle. They are both hayavim to turn to a proper beth din. If one refuses, he can receive permission from the beth din to turn to a gentile court.
 
Friday, 03 April 2009
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