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In an unprecedented move, Harav Shlomo Miller and Harav Elya Ber Wachtfogel, the preeminent Posek and Rosh Yeshiva in North America, have signed an letter cautioning against blindly signing an Arbitration Agreement in Beis Din.

Specifically, the Posek and Rosh Yeshiva call on parties to an eminent divorce or other litigation matter, including parties signing a shtar, to consult with a Toein (a Rabbinical attorney) prior to signing an Arbitration Agreement in Beis Din, warning that numerous people have signed such agreements without proper knowledge of the rights they are relinquishing, which has led to tremendous monetary loss and grievance for them.

Rabbi Miller is a member of the Moetzes Gedolei HaTorah. As a Rosh Kollel and co-founder of the Kollel Avreichim and Av Beis Din in Toronto, he is the foremost Litvish Posek in Toronto. He also heads the Kollel Beis Ho'ra'ah and Beis Din of the Va'ad Harabonim of Lakewood.

Rabbi Elya Ber Wachtfogel is the Rosh Yeshiva of Yeshiva Gedolah Zichron Moshe, also known as Yeshiva of South Fallsburg, one of the leading beis midrash yeshivos in the United States.

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Yisroel Kleinberg said...

Some news sites have posted an English translation version of this letter which says that one should consult a Rov. However, the actual wording of the original letter says מומחה which is correctly translated in this article as a טוען.

Consulting a טוען before signing an Arbitration Agreement is the correct thing to do as Rabbonim, though well meaning, are not the proper ones to consult on such matters.

Yudel Shain said...

A "MUMCHA" is not a Ruv and definitely not a Toen.
The Rabbinical lawyers, AKA Toe'anim are the biggest problem today by Bais Din.

The Arbitration agreement they make you sign is a loaded machine gun in the hands of criminals.

The arbitration agreement should contain just that the parties will adhere to the arbitrators' ruling, and the arbitration verdict will be written in English and enforceable in a Court of Law.

Anonymous said...

Some current arbitration agreements especially with regard to divorce agreements allow the arbitrators meddling rights in the party's lives until all the children turn 18 or worse, with penalties.

Anonymous said...

What were the specific problems that caused this letter to be written and publicized?

Anonymous said...

I don’t know if they are referring to specific “Bais dins” or not but I’ve recently seen a popular “bais din” acting so corrupt that it’s shocking how people can still fall for them