DAF DISCUSSIONS - BAVA KAMA 112

Barry Epstein asked:

It says that even if the High Court sent a letter with the plaintiff telling the lower court to hear the case, the defendant can still exercise his right to take the proceedings to the High Court if the lower court has not yet opened proceedings. This seems nonsensical, as the Higher Court has already ruled!

Barry Epstein, Dallas, USA

The Kollel replies:

The High Court in this case did not rule that the case had to be heard by the lower court, but rather that the lower court should prompt an effective end to the case. This ruling seems to have been handed down because the lower court was in a better position to force the defendant to come to its Beis Din (probably more local than the High Court). Therefore, if the lower Beis Din already started proceedings, there is no reason to stop. If they didn't start, the defendant still has the right to (promptly) proceed to the High Court.

All the best,

Yaakov Montrose