Question:
L'Kavod Rabbi(s),
I am unfortunately undergoing an arduous Din Torah that's been dragged out for two years thus far. During this time, we have had only two sessions, and nothing is moving forward with the case. I have a Toen who has been unresponsive for the last two months (I do not owe him any money), and a Borer who only will speak with me if I pay him for sessions that have been cancelled due to out of my control (fees he charges which I wasn't informed of prior to bringing him on board). On top of that, it's been six months since the Beis Din (Zabla) appointed a third party accountant to collect all documentation from both litigants, yet the Nitva isn't cooperating, and the Beis Din isn't doing anything about it, even after many requests from my end. I unfortunately signed an arbitration agreement with this Beis Din, and attorneys told me it's impossible to go to secular court even with a Heter Arkaos, because the Nitva can claim we signed an arbitration agreement, forcing me to proceed accordingly with this Beis Din. Any Halachic way I can get out of this situation, and just go to secular court, or bring the case to a different Beis Din? I'm at my wits end with this, and it just seems completely unfair to be left in the dark with no end in sight. I know I can put in a request for the Beis Din to give me a Heter to force the Nitva to provide documentation through the secular court etc., but that could take another six months, and each month that goes by is money/time lost, and bank statements I won't be able to collect. Why wasn't this done six months ago by the Beis Din, establishing a deadline etc.? Although it's not everything, I do have enough documentation for the Beis Din to work with to proceed with a Psak Din. The Nitva is just playing games in trying to delay the case as much as possible so I will eventually cave to his settlement amounts. I also was told I cannot replace my Borer, but I can replace my Toen, yet this will be costly.
Any advice would be greatly appreciated.
Thank you.
Answer:
Hello,
Your situation is difficult and frustrating, and being involved in a big din torah is very unpleasant, but as you write, if you signed an agreement, you are bound to stay in this Bais Din. However why not start the proves of forcing the nitva to provide the proper documentation. Even if it takes 6 months, but without it, it might take even longer.
Hashem should help you get out of this situation quickly.
Best wishes
