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Shareכי לא כצורנו צורם, “for their Rock is not like our Rock;” besides they know that our G–d is not like any of their deities, as when the Jewish people observed the covenant they had entered into with their G–d, they had been unable to harm them in any way. Not only that; during those eras their G–d had dealt harshly with them and their so-called deities. A prime example is found in Samuel I 5,7, after the Philistines had captured the Holy Ark, first their deity Dagon was found lying on its face in front of the Holy Ark. After picking it up in its former place the same thing happened on the second morning. By that time this idol had lost its hands and its legs, only the trunk remaining intact. The citizens of Ashdod became struck with hemorrhoids, and decided to rid themselves at all costs of the Holy Ark. They attributed their problems to the G–d of Israel, and instead of enjoying their victory over the army of the Israelites considered themselves as having become the victims. They should have realised that if the Jewish G–d had punished His own people, He would deal even more harshly with those who victimised His people. From here on in Moses expounds on what will be the fate of our perennial enemies.
(ג) לפניהם. וְלֹא לִפְנֵי גוֹיִם, וַאֲפִילּוּ יָדַעְתָּ בְדִין אֶחָד שֶׁהֵם דָּנִין אוֹתוֹ כְּדִינֵי יִשְׂרָאֵל, אַל תְּבִיאֵהוּ בְעַרְכָּאוֹת שֶׁלָּהֶם, שֶׁהַמֵּבִיא דִּינֵי יִשְׂרָאֵל לִפְנֵי גוֹיִם, מְחַלֵּל אֶת הַשֵּׁם וּמְיַקֵּר שֵׁם עֲ"זָ לְהַשְׁבִּיחָהּ, שֶׁנֶּאֱמַר כִּי לֹא כְצוּרֵנוּ צוּרָם וְאוֹיְבֵינוּ פְּלִילִים (דברים ל"ב) – כְּשֶׁאוֹיְבֵינוּ פְּלִילִים זֶהוּ עֵדוּת לְעִלּוּי יִרְאָתָם (תנחומא):
(3) לפניהם BEFORE THEM — but not before the heathens. Even if you know that in the case of a particular matter of law they will decide it in the same way as Jewish law would, do not bring it before their courts; for he who brings Israel’s law-cases before the heathens defames the Name of the Lord and pays honour to the name of the idol (in the name of which the heathen court administers justice), thereby giving it undue importance, as it is said, (Deuteronomy 32:31) “For their rock is not as our Rock that our enemies should be judges over us”, which implies: when our enemies are judges over us (i. e. if we make them judges over us) it is a testimony to the superiority of that which they reverence (their idol) (Midrash Tanchuma, Mishpatim 3).
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May a Lawyer File a Lawsuit in Civil Court on Behalf of a Jewish Client?
This is unfortunately very common. A Jewish lawyer represents a Jewish client who has litigation against another Jewish client. May the lawyer file a lawsuit in secular court? Rav Pesach Frank ruled that it is absolutely prohibited for the lawyer to file suit in secular court, and that it is a tremendous chilul Hashem to do so.
However, this situation provides the lawyer with a tremendous opportunity to perform a kiddush Hashem. He can explain to his not-yet-observant client the advantages of going to beis din – that it is less expensive and usually far more efficient. (Most frumcommunities have batei din where a din torah can be arranged within days.) Of course, to an observant Jew, the only selling point necessary is that this is what Hashem wants us to do. Certainly, the reward for proceeding according to halacha is millions of times greater than anything gained by going against halacha. However, since the non-observant client may not appreciate these considerations, the lawyer may convince his client by pointing out advantages of going to beis din that the client understands.
If the defendant fails to respond to the summons of the din torah, then the beis din will authorize the plaintiff and his lawyer to take the case to secular court. This action will be permitted because it was authorized by the beis din, as I explained above.
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May A Lawyer Defend A Client in Secular Court?
If someone is sued in secular court, it is a mitzvah to defend his case to the best of one’s ability, since the suing party violated halacha by suing in civil court.
What Should I Do if the Defendant is Not Jewish?
A Jew is permitted to sue a non-Jew in secular court. Therefore, a lawyer can represent a Jew in his suit against the non-Jew.