Israel – According to a new study by Dr. Aviad Hacohen, Dean of the Shaarei Mishpat College, despite the talk by officials in Israel’s judicial system about the importance of Jewish law and its integration into the Israeli legal system, in practice no use is made of it and those who use it are looked down upon.
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Justice Minister Yaakov Ne’eman has called in the past to incorporate mishpat ivri (Jewish civil law) into Israel’s law procedures. He is the present-day representative of a long tradition in the religious Zionist sphere, of those who hoped for mishpat Ivri to be the law of the Land.
These included Rabbi Kook, Rabbi Maimon and the hareidi-religious Rabbi Eliezer Waldenburg (the latter, in his book Hilchot Medinah, referred to it as “atchalta d’Geulah, the start of the redemption, in the arising of our own state on part of our Holy Land, with our own independent government,” page 8).
While some criticized the idea, including opposition leader Tzipi Livni, others supported Ne’eman, including former Justice Minister Moshe Nissim, who is an observant Jew and son of a former Sephardic Chief Rabbi.
But as Hacohen told Arutz Sheva, the trend as can be seen from his research is a move away from Jewish law rather than toward it.
This is a much more complex issue that often assumed. There are certain civil/secular law notions of fair and equal access to opportunities, non-discrimination etc. that frequently cannot be easily reconciled with halacha. In a democracy like EY, the courts cannot impose halachic outcomes on non-frum yidden, who can go to beis-din when both parties agree. However, until zman moishiach, we are likely going to find many cases where secular law will have to trump halacha.
so the move away from halacha להיות עם חפשי בארצינו is takeh ischalta of another kind of geulah. Thats all.
The whole concept of jews following a secular law of any kind is included in the issur of arkouis and is a massive chilul hashem. For this reason the chazon ish ruled that there is no dina demalchusa dina in israel as their laws are totally ilegitimate.
The problem is that the do NOT KNOW Jewish law. They are completely ignorant about it. If they would attempt to pass the Semicha tests, they would fail miserably!
Their leftist hatred for anything Jewish is known to all, and they themselves are proud of it.
Thank Hashem we have our Gedolim for our judges!
A few of the real problems
1) A lot of it has no basis in reality. The standards of proof (kosher witnesses, warnings etc) are so unworkable there would be no criminal justice.
2) Look at what happens when it is allowed to force itself on people. Marriage is at the whim of the local rabbi. Converts used to be accepted, and that was that. It was forbidden to even remind the Ger that he or she had once been a Gentile. Now some fool with a dead treif corpse on his head can retroactively “de-Yid” a convert decades later without appeal because he wants to make a name for himself or decides that the poor person’s level of observance just isn’t right
3) Dueling heschers. ‘Nuff said
4) Taliban-like restrictions on women
5) Enforced racism against Ethiopian Jews, Sephardim, etc
6) Soldiers obeying their rabbis rather than their officers
You can thank Shimon Agranat, and those who felt as he did, for this situation. He spent his career on the Supreme Court of Israel making sure that american/british common law would be the standard in Israel. He had no use for Halacha.
How nieve can people be. The secular judges simply have hatered to anything that smells of judiasm. As far as I’m concerned, many of them aren’t even part of klal yisroel since they are Mimrim L’hachis.
Whats new ?
Who cares what they rule there. It was never a Jewish state.
It is hashems country
And it will always be hashems country even when mashiach will be here
But now we with the shecinah are in galus
We Daven every day
ולירושלים עירך -yerusulaim your city
ברחמים תשיב-with rachmanus you should return
ותשכון בתוכה-and you should dwell in it
כאשר דברת-like you said
we see from here yerusulaim with out the shechinah
Is eitzim vavonim
like we see in medrash eicha
That hashem took himself away so the goyim could destroy it
But today and the past 70 years people lived fantasy lives thinking that this is the start of a geulah
So, a “Jewish” State without a Jewish law? Something is abnormal here! In fact, there is nothing abnormal. They are showing their true face: they don’t want a “Jewish State”, just a “Zionist State”. So, please, do us a favor: Stop using the term “Jewish State” when describing your state.
That would have to be a change which would be incorporated very slowly, as the population is becoming more and more religious very slowly….we just have to worry about having a functioning country WITH military and other public services. **ehem, Haredim…***