Lawsuit in court due to lateness in handing over of an apartment

Question

The contractor delayed the handing over of the apartment and the tenants are suing him in court, but my husband does not want to participate. Is it really forbidden?

Answer

It is mandatory to first approach a Rabbinical court. Without doing so, it is forbidden to sue in a civil court. If the contractor agrees to participate in a trial in the Rabbinical court, then he’ll be tried according to Jewish law. If the contractor refuses to come, the Rabbinical court will likely give you permission to proceed to a civil court, and only then will you be allowed to sue in a civil court.

According to Jewish law, there is a good chance of receiving compensation according to the agreement that was signed in court. Of course, it’s impossible to say what the decision of the court will be without hearing all the details of the case. However, it is important to remember that money received from a trial in a civil court without permission from a Rabbinical court is considered theft and desecration of God's name, and there is no blessing in it.

If your spouse still prefers not to sue even in a Rabbinical court, you should let it go and, with the merit of keeping the peace, you will receive great abundance from heaven.

Source

Shulchan Oruch, section Choshen Mishpat, chapter 26, §1

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