Q. The impression that’s coming from Mrs. Ort’s camp is that only now after R’ Avrohom took her to Secular Court and lost is he insisting on going to Bais Din.
I understand that this was ruled by binding arbitration. Binding arbitration is agreed upon by both parties. So if R’ Avraham accepted it, why is he complaining now?
Please clarify. Thanks.
A. Insofar as who went to court and who went to Bais Din and when, we present the following two documents:
1) Page 8 of the Final Arbitration Ruling, which candidly states that Mrs. Ort was the one that filed for divorce and froze all assets on Feb. 4, 2000.
This is also evident in every court document, which refers to Mrs. Ort as “Plaintiff” and Rav Avrohom as “Defendant”. Further, here in respect to his daughter’s case it refers clearly to R’ Avraham’s insistence on going to Bais Din!
2) Rav Avrohom’s responded to the summons from court (as a frum Yid is supposed to) by going to Bais Din and having them send this letter (note: dated Feb. 2000) to Mrs. Ort regarding her going to arka’os, and urging her to do K’Halacha and come to any Bais Din. The seruv was unsigned (at that point) because it was not yet being issued, pending her response to the customary 3 hazmanos. Again, date is Feb. 2000 – at the exact time Mrs. Ort was applying to the court!
This should clarify who went to court, who went to Bais Din, and when.
With regard to agreeing to arbitration, R’ Avraham did agree to binding arbitration by the laws of the state of NJ as the only alternative to a case in court by the laws of the state of NJ, which Mrs. Ort forced him to do by going to arkaos. It was only a question of a single judge or a panel of three. The reason R’ Avraham chose the panel appointed by the judge rather than the judge himself is explained in this letter:
As was wryly commented by one of the Rabbanim involved: “If the Halacha views a frum yid forcing another frum yid into arkaos as equivalent to hiring someone to get the money for you, then forcing a frum yid into arkaos to accept an arbitration panel is equivalent to hiring someone to get someone else to get the money for you…”