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October 26, 2017 10:46 am at 10:46 am
#1390179
Ash
Participant
JJ, it’s expressly prohibited for a Beis Din to use secular/non-Jewish laws instead of using Halacha/Shulchan Aruch. They can’t say even though halachicly this is your asset, since non-Jewish law says to award it to the other party, that’s what we’ll do.
Nonsense. You know neither choshen mishpat, nor have experience of typical dinei torah (momonus or gittin). Unless it’s masne al mah shekosuv batorah you can absolutely agree that a transaction is per law of the land, and if it comes to beis din then secular law is what the beis din we’ll have to evaluate (frequently with Council’s opinion).
Yerushah also, if it was a matono mchayim.