Ask the Rabbi
QUESTION: My brother is an observant Jew in Chicago and has had a disagreement with his business partner who is not quite as religious as he but definitely a synagogue-going, somewhat observant Jew. My brother informed me that they are going to try to work out their differences in a Jewish court rather than an American civil court. Is that possible? What is this all about?
ANSWER: That is absolutely correct. A brief overview of the Jewish court system and its development over the centuries and millennia is in order to appropriately answer your question. In other words, 2,000 ago when we were really a Jewish Commonwealth and controlling our community (in Israel until the destruction of the Second Temple in the year 70 C.E., some 2,000 ago,) our courts dealt with everything, every area of Jewish Law.
The Talmud and the Code of Jewish Law deal with virtually every area of civil AND criminal law. In many countries where Jews resided over the centuries, the Jewish communities were forced by the secular society to run their own community. Jews were not allowed to testify in court in most countries just like blacks and other ethnic minorities. Even in the United States it was only shortly into the 19th century that Jews had full civil rights in all courts of our country. So often Jewish communities around the world for hundreds of years were forced, out of necessity, to deal with every area of legal life except for perhaps capital punishment in our Jewish world. We have many volumes that deal with every area you can imagine concerning both civil and criminal law. We are now Americans and live in an American democracy where civil and criminal laws are dealt with in the public court system.
Despite everything I have said until now, there is at least one area where Jewish courts function on a daily on-going basis and that is in the area of Jewish divorce. Even though we are required by law to obtain a divorce in our civil courts in Johnson or Jackson County, we are also mandated by Jewish Law to obtain a Jewish divorce. We have Jewish courts that deal with that area of our tradition. Similarly, one has the right in this country to settle civil matters without going into an American court in most cases.
For example, if there is a disagreement between partners, even if there are legal partnership documents drawn, they have the right to go to a Jewish court to settle whatever differences they may have. The Jewish court probably would require that those partners agree at the outset that whatever judgment is rendered by that court will not be appealed to a civil court or the whole trial process will have been in vain. Such a court (and there are a number of them functioning in major Jewish cities like New York, Chicago, Los Angeles and Miami) will adjudicate matters of civil laws brought before them according to Jewish Law. The process is quicker than in civil American courts and I will add that the civil courts of this country are all too happy not to have more cases come on their docket.
Several years ago, we saw the documentary, “The Case for Israel,” based on the Alan Dershowitz book. The film was produced by Gloria Z. Greenfield, president of Doc Emet Productions (founded in 2007) and Field Advocacy and Advancement Strategy Manager for the Partnership for Excellence in Jewish Education in the Greater Boston Area.
In 1896 when Cambridge scholar Rabbi Solomon Schechter, who later became the president of the Jewish Theological Seminary, was shown a fragment of a Hebrew manuscript purchased in Cairo, his world tilted on its axis. The fragment was the first known Hebrew copy of a second century apocryphal text known as Ecclesiasticus, included in the Greek Orthodox and Catholic Bibles, but not in the Jewish canon. This discovery sent Schechter to Egypt where he managed to purchase and carry away a significant portion of the Cairo Geniza.
When Art Spiegelman began publishing “Maus” 25 years ago, reactions from the reading public ranged from praise to approbation. Imagine, telling the story of his father’s experiences in the Holocaust as a comic book and representing Jews as mice, the Poles as pigs, and the Nazis as cats? What was this avant-garde creator of comic literature trying to? In time, particularly after the author won the 1992 Special Pulitzer Prize Award, and numerous other prestigious honors, “Maus” became recognized as a 20th century classic. Spiegelman brought the graphic novel into the forefront of literature where today graphic literature is taken seriously by critics, educators and parents, as well as by readers of all ages.