[Avodah] Cause of action?

[Yitzhak Grossman]

On Thu, 05 Jun 2008 18:22:46 -0400
Zev Sero <zev at sero.name> wrote:

> A friend sent me this question:
> 
> > Who knows Choshen Mishpat?
> > Assume A has a claim against B. B believes the claim is invalid.
> > A doesn’t sue B, but rather keeps threatening B that he will sue,
> > and that he will tell people about it and cost B his reputation.
> > B wants to go to Beis Din, but is frustrated because A neither sues
> > him in court nor sends him a hazmanah. B wants to take A to beis din
> > to clear his name. A beis din told me today that until B is actually
> > sued the beis din can’t send A a hazmanah. True?
> 
> I answered:
> Given the same facts, what cause of action would B have in court?
> If A actually does tell people about it, then B has a cause of
> action for defamation, but if he only threatens to do so, what
> recourse do *you* think he should have?
> 
> I now put the question before the chevra, especially those with
> experience in ChM.  *Is* there some recourse this person should have,
> to resolve the matter one way or the other?  Is there some way he
> can force the other person to put up or shut up?

A very similar question is discussed in Responsa Divrei Haim (of R.
Haim Tuvia Melenik, not the Sanzer Rav) #34, available from the
wonderful HebrewBooks.org:
http://hebrewbooks.org/161 [page 64 of the PDF]

> Zev Sero               Something has gone seriously awry with this Court's

Yitzhak
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