Saturday, June 26, 2004

A cautionary tale of woe. A certain character for whom I've provided consulting services announced that he intends not to pay me. He has not claimed, so far, that I haven't provided the service contracted for but simply that he won't pay "because I can and there's nothing you can do about it". Our contract specifies that in case of a dispute, we'd settle it in a beis din. He attempted to preempt this option by announcing that if I took him to beis din, he'd make sure to "get some chassidishe dayanim who can be paid off". (He was greatly inspired by the Sieger divorce case.)

I turned to the beis din of a major orthodox organization with a sterling reputation for integrity. Indeed, the menahel with whom I've been in contact has been courteous and efficient in all our communications. The beis din summoned my adversary and after much delaying, he responded by demanding zabla (=zeh borer lo echad), a procedure in which each side chooses a dayan and the two dayanim choose a third. Rema (Choshem Mishpat 3:1) says that if the beis din which issued the summons is ad hoc, then the nitba has a right to demand zabla. Rav Moshe Feinstein (Choshen Mishpat (2), Siman 3) says that all batei din in New York are regarded as ad hoc. So, as far as the beis din is concerned, we go to zabla, provided that he chooses a recognized borer as his dayan. He came back with, surprise, a borer who is in fact a chassidishe fellow who serves as a professional gun for hire. The Rosh at the beginning of pereq zeh borer carries on about a borer being a dayan in every sense. The Shulchan Aruch (Siman 9) forbids a dayan from meeting with one side in the absence of the other and from taking money at all from either side (except for skhar beteilah under very specific circumstances and even then from both sides equally). The Aruch Hashulchan (Siman 13) mentions that it has become customary for borerim to meet with their side and to take skhar tirchah. The Aruch Hashulchan justifies this post facto as an agreement between the sides but stipulates that a borer must in any case be paid the same regardless of the outcome of the case in order that he not be too incentivized to win at all costs. This has now lead to a situation in which there is a cottage industry of borerim who are essentially dayanim who openly take bribes. Effectively, cases are being judged by a dayan yechidi with two lawyers presenting their respective cases. I personally find this revolting and a complete perversion of the rabbinic court system. But nobody seems interested in or capable of doing anything about it -- including, I'm afraid, the beis din to which I originally turned.

But at least my adversary won't have to do hataras nedarim. He did exactly what he said he'd do and apparently that's frum justice in New York these days. (And a wonderful irony: his lawyer is an officer of the very organization the beis din of which he now refuses to stand before.)

14 Comments:

Anonymous Anonymous said...

I'm speechless.

You must be a better person than I, because I would have countered his "chassidishe dayan" comment with a reference to certain individuals (whose names end in vowels) who can also be paid for their services.

David

10:36 PM  
Anonymous Anonymous said...

I am not quite sure how it can be that "there is nothing you can do about it." If he does not pay (whether because the beis din rules in his favor or he just ignores any ruling against him) isn't that relevant information for anyone who might consider doing work for him in the future? Surely it would not be loshon hora to let people know...?

3:16 AM  
Anonymous Anonymous said...

You're a shmuck! Take him to the civil courts. i personally would get Vinny to make him an offer he can't
refuse, but that is just me.

4:27 PM  
Blogger the shaigetz said...

David is right you know. I would hire a firm called G.B.H. to work their speciality on a dayan who messed around with me like that.

8:42 PM  
Anonymous Anonymous said...

Are you interested in getting a heter arka'os from your Beis Din?

8:50 PM  
Blogger Ben said...

A possibility but not my first option. Who asks?

9:05 PM  
Anonymous Anonymous said...

You should SUE. A bes din is for SHMUCKS

9:36 PM  
Anonymous William Dwek said...

The Swine Flu is common in PIGS.

This is a clear indication that it is the Dayanim – ‘Judges’ - and ‘Rabbis’ of today who are the PIGS and swines.

They twist and use the Torah for their own power and commercial benefit.

They are corrupt. And they are interested in only one thing:

MONEY.

Not the Torah.

8:59 PM  
Anonymous William Dwek said...

When ‘dayanim’ and ‘rabbis’ use the Torah for their own power and commercial profit, this is the behaviour of a swine i.e. a Pig.

No other ‘rabbi’ will ever act against another ‘rabbi’ - even when he knows his colleague is clearly desecrating the Torah. Each rabbi is only worried about losing his own position.

Therefore, the ‘rabbi’ and ‘dayan’ will never effect justice. And he will never truly stand for the Torah or the Honour of Hashem. His pocket will always prevail.

The Torah must never be used for commercial gain and profit. Am Yisrael can only be lead by those who have the necessary love and respect of Hashem and the Torah.

8:59 PM  
Anonymous William Dwek said...

1. The ‘dayan’ and ‘rabbi’ may use lies. They turn the innocent into the guilty, and the guilty, become the innocent. They will not hesitate to tell lies in the Synagogue.

2. The ‘dayan’ and ‘rabbi’ may steal. They steal and siphon off money for themselves, from the community and individuals.

3. The ‘dayan’ and ‘rabbi’ may commit murder. They may shame a Jew in public, even repeatedly. This is one of the most vile acts of murder in Jewish law – and they know this.

4. The ‘dayan’ and ‘rabbi’ will not hesitate to use Lashon Hara - the ‘Evil Tongue’ - to suit his own ends. Slander and gossip. This too, is one of the worst acts of murder in Jewish Law. Their slander is never challenged by the community, because they hold positions of power. And the slander may begin with the Rebbetzin herself.

5. The ‘dayanim’ and ‘rabbis’ worship idols and other gods. Their only god is Money. Especially the ‘Dayanim’ – the ‘Judges’ who sit on a Beit Din. They only care about their high incomes and retirement packages. They have little or no love for the Torah or Hashem.

In the case of Lubavitch/Chabad, all their rabbis are carrying out a form of Avodah Zarah – strange worship. They are using mediation and intercession. This is completely forbidden, and against the Torah. We are only allowed to pray to Hashem, directly ourselves.

6. When the NAME of Hashem has been taken in Vain – repeatedly - by reshaim, the ‘rabbi’ will turn a deaf ear and blind eye to the

CHILLUL HASHEM.

This is the abhorrent behaviour of a Pig.

This is an extremely severe and dangerous situation.

There is NO forgiveness for this evil sin and aveirah.

7. The ‘dayan’ and ‘rabbi’ may also offer large bribes, tell lies and bring False Witnesses – when he in fact has committed the crime. These are heinous acts of the most despicable kind. This is especially vile when the ‘dayan’ is sitting on a ‘Beit Din.’

8. The ‘rabbi’ may commit adultery. And when he gets divorced, he may spread slander about his own ex-wife, blackening her name – when in fact he was at fault.

9. The ‘dayan’ and ‘rabbi’ may also desecrate Shabbat – if it suits him. He will use physical violence to assault another Jew or Jewess at any time. This evil and venomous behaviour is 100% against the Torah.

9:01 PM  
Anonymous Eliyahoo William Dwek said...

A further word of advice regarding those who masquerade as a ‘dayan’ ‘rabbi’ or false ‘mekubal’:

1. These men may knowingly and willingly, deliberately deceive a Jew or Jewess. e.g. in the area of shidduchim, or offering to perform a ‘pidyon nefesh’.

This abhorrent and deceptive behaviour has caused tremendous harm to people who are innocent and trusting.

2. Do not ever ‘kiss the hands’ of these men (which they might offer to you in public).

3. And do not be duped into queuing and waiting, to see them for their ‘brachot’ (‘blessings’). They peddle ‘brachot’ purely for their own selfish gratification and ‘kavod’ (‘honour’).

Their duplicitous behaviour is nothing short of deception and cunning. In short they are abhorant and causing so much harm to amm israel. They prey on the vulnerable, and those who are naïve, unsuspecting and trusting of these pedlars.

3:28 PM  
Anonymous Eliyahoo William Dwek said...

Any man who chooses to be a ‘rabbi’ (‘true teacher’ of Torah) or a ‘dayan’ (‘judge’), or a ‘mekubal’ (‘kabbalist’) should be doing so Voluntarily. Out of his pure love for Hashem and the Torah. And his Ahavat Yisrael.

If he refuses to do community work voluntarily, and wants and accepts payment for everything he does, such a man should not be leading a community. He should get a job and earn a living. He can collect milk bottles or clean the windows. That is what is called ‘earning a living’.

Torah is learned, studied and taught: out of Love. Voluntarily. But the ‘rabbis’ have turned the Torah into their ‘Profession’, from which they earn money.

We are commanded in the Shema to:
‘LOVE Hashem, your G-d, WITH ALL YOUR HEART, and with all your soul and with all your might.’

‘VE’AHAVTA et Hashem Elokecha BECHOL LEVAVECHA uvechol nafshecha uvechol meodecha.’ (Devarim, Vaethanan, 6:4-5)

Is the ordinary man or woman PAID to pray to Hashem, or to say some words of Torah? No. Has veshalom! But the rabbis are. These men can give ‘lovely’ shiurim that they have rehearsed. But they would not give a shiur without being paid for it.

The true hachamim and rabbis of old, all actually worked at proper jobs and professions.

Wake up! Even a little child could have worked this out. These salaried men can never truly stand for the Torah, because in a case of conflict between a correct course of action according to the Torah, and the rabbi or rav’s pocket – his pocket and position will always prevail.

Pirkei Avot: (2:2)
“Raban Gamliel beno shel Rabi Yehuda HaNassi omer: yafeh talmud Torah im derech eretz, sheyegiat shenaihem mashkachat avon. Vechol Torah she’ein imah melacha sofa betailah ve’goreret avon. Vechol haoskim im hatzibbur yiheyu imahem leShem Shamayim……”

“Rabban Gamliel, the son of Rabi Yehuda HaNassi, said: It is good to combine Torah study with a worldly occupation, for working at them both drives sin from the mind. All Torah without an occupation will in the end fail and lead to sin. And let all who work for the community do so for the sake of Heaven………”

2:26 PM  
Blogger Mark Henry said...

yes a good lawyer can make your case too easy to win even it's too when you have Top Divorce Lawyers or nay specialist.

9:07 AM  
Blogger Criminal Lawyers in USA said...

This is completely forbidden, and against the Torah. We are only allowed to pray to Hashem, directly ourselves.
Divorce Lawyers

10:01 AM  

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