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Chabad.org » Learning & Values » Questions & Answers » Ask the Rabbi » Latest Questions » Advice » Is it okay for someone to sue his own mother?
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Is it okay for someone to sue his own mother?


Generally speaking, we are obligated to settle our differences in a beth din, Jewish rabbinical court. If, and only if, the other party refuses to go, or if there is immediate and ongoing, irreparable financial loss or harm, may the plaintiff circumvent the beth din. But even in this latter situation, a dispensation must be obtained from a qualified beth din.

With regards to grievances against a parent, the halachic authorities have differing opinions whether filing a civil lawsuit against a parent -- whether in the secular or rabbinical court system -- is in violation of the commandments to honor and revere a father and mother.

I would advise you to speak to your rabbi about this matter. Perhaps he can find a way for this issue to be arbitrated or mediated without judicial adjudication. If this is not the case, he will certainly advise you how to proceed.

Rabbi Eliezer Danzinger for Chabad.org

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By Eliezer Danzinger   More articles...  |   RSS Listing of Newest Articles by this Author
Rabbi Eliezer Danzinger, first content editor for KabbalaOnline.org, is the translator and editor of several important Chasidic texts. He also serves as the Jewish chaplain for York Central Hospital, and for numerous Federal prisons. Rabbi Danzinger currently resides in Toronto, Canada, with his wife, Yehudis, and their children.
All names of persons and locations or other identifying features referenced in these questions have been omitted or changed to preserve the anonymity of the questioners.

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Reader Comments
Latest Comments:
Posted: Nov 20, 2007
Liability insurance
It did not happen to me or my mother. The situation (involving other persons, not related to me) was that:
1. One person caused a car accident.
2. Another person was injured in the car accident.
3. The second person's medical insurance refused to pay the bills for treatment for injuries resulting from the car accident because it was the first person's responsiblity, not the second person's responsibility.
4. The first person's liability insurance company would not pay unless the first person was sued.
5. Neither the first person nor the second person was able to afford to pay the bills with their own money.
6. The only way that either person could get the bills paid was for the second person to sue the first person.

The alternative would have been not to pay the medical bills at all and instead file for bankruptcy. Kol Nidre asks forgiveness for debts that we were UNABLE to pay, but voluntarily failing to repay debt that we can pay is never forgiven, even on Yom Kippur.
Posted By Anonymous, Camarillo, CA
via chabadcamarillo.com

Posted: Nov 19, 2007
To Camarillo
Anonymous - I am rather curious to understand what happened that you need to file a lawsuit to collect from the insurance company. You should first be careful that you are not going to cause your mother's insurance to go up or cause the company to drop her altogether. You should also be sure that you are not committing any kind of insurance fraud as that would get both you and your mother in trouble and certainly fall short of honoring her. I think you should speak to an attorney to discuss the details of your idea and find out if its really appropriate.
Posted By Mattisyahu Stone, Chicago, IL

Posted: Nov 18, 2007
How does liability insurance alter this answer?
What if the purpose of the lawsuit is only to collect from the mother's insurance company and not from her? Her liability insurance pays whatever I am awarded in a secular court, but she must pay whatever a Beth Din awards herself. What if I am going to give her the money that the secular court awards me (and that her insurance company pays me), so I do not benefit and she does? In that situation, filing the lawsuit is a favor to her.
Posted By Anonymous, Camarillo, CA
via chabadcamarillo.com

Posted: Mar 11, 2007
Mediation
Speaking as someone who has mediated legal disputes in the past, and seen the burden that a civil court case (or a beth din for that matter) can have on a family, I strongly recommend you try mediation. If you and your mother are both willing, I suggest you sit down with an experienced Rav (a Rabbi who has experience sitting on a Beth Din). The goal for resolving this dispute is to figure out what you both really need (not want - need) and to create a written agreement that clearly states what you each will do. The best agreements never use the word "if."
Posted By Mattisyahu Stone, Chicago, IL



 


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