May I testify in a secular court?

May I testify in a secular court?

Assisting in a case where a Jew is a litigant is fraught with halachic challenges, and at times may fall under the prohibition of being machshil (abetting) another into utilizing arkaos shel goyim (arbitrating a case in a secular court as opposed to a Jewish court; see Halachah #81 and Halachah #394 for more details).

If you are appointed as a judge in a secular court of law, are served with a jury summons, work as a stenographer or a lawyer, are called as a potential witness or contacted to act as a court consultant in your area of expertise—in litigation involving Jews—you should consult a rav.

These are some of the factors that a rav would consider:

  • Are the litigants both Jews, or is one a non-Jew?
  • Is this a civil or criminal matter?
  • Would the litigant(s) never consider going to a Beis Din in the first place; or
  • Would the Beis Din grant permission to bring this case before a secular court for litigation?

A possible scenario: you are asked to testify in a case involving two Jewish litigants. Generally speaking, you would not be permitted to appear as a witness without consulting a rav; but if a non-Jew wants you to testify against a Jew, you may only do so under the following circumstances: you are not the sole witness and your testimony supports the party who is halachically justified, and would win the case before a Beis Din.

https://halacha2go.com?number=595

Practical Halacha: One minute a day. By Horav Yosef Yeshaya Braun, shlita, Mara D'asra and member of the Badatz of Crown Heights.