In a case where secular law is at odds with Halacha, and one goes to a secular court to claim that which he is entitled to in secular law but not by Halacha, I know that he is transgressing chilul Hashem. My question is, is the property or money awarded to him by the secular court considered stolen?
A few simplifying assumptions:
- Let us say that there is no question in either the secular law of the Halacha. Clearly according to Halacha it belongs to Ruven and according to secular law it belongs to Shimon.
- Both parties are Jews.
- Both parties would be willing to listen to the Beis Din if they went to Beis Din.
- The secular law is fair.
- This is not in Eretz Yisroel (to avoid any question if Dina Dimalchusa Dina applies there).
- The property or money in question is not being held by either party (there is no mukzak).
- The money in question is not in a bank account or investment. (Bank bylaws make things very different.)
Additionally, if the property is considered stolen after the fact, is asking the court to take action an act of stealing? (This of course gets into Ain Shliach Lidvar Aveirah.)
This question came up in a (hypothetical) case of inheritance, which is more inflexible than contract law in Halacha. Would that make a difference?