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In the State of Israel’s official courts, hundreds of requests are made every year to disqualify judges from sitting in judgment in a specific case. First the request is made of the judge in question to determine his opinion on the matter. If the judge decides that he is fit to sit but a party appeals the decision, the issue is decided upon by the President of the Supreme Court. A study (Yigal Merzel, for the Lawyers’ Association) found that of approximately 180 appeals a year, less than 10% are accepted.
The decisions on the requests to disqualify have dealt with two types of issues: 1. the appearance of impropriety; 2. the possibility of an objective conflict of interest. Over the last several years, the first issue has declined as a serious factor, thus reducing the number of disqualifications, and the objective factor has grown in prominence. There are even times when the judge asks to disqualify himself and the President of the Supreme Court does not allow him to do so, preferring the objective prospects of justice over the judge’s subjective feeling of comfort to hear the case.
What does halacha have to say on the matter? Certainly, anyone who is disqualified from witnessing is disqualified from being a judge (Shulchan Aruch, Choshen Mishpat 7, 9). This includes relatives of the litigants and people who are unfit because of sins they have committed. Another situation is when the judge is impacted in some way by the outcome of the litigation. The Rambam stresses that even if the interest is remote, one cannot be a witness and certainly not a judge. This is a more stringent level for qualification than the Israeli law prescribes (Chok Beit Mishpat 77.a refers to a "significant monetary or personal interest").
In halacha there are differences between the standards of impartiality for a witness and for a judge. One is allowed to testify about a case that involves his friend or his enemy (Shulchan Aruch, CM 33) but cannot serve as a judge for such a case (ibid. 11:7). The logic is that testimony is about plain facts, and we do not expect that someone will lie because he likes or dislikes someone. In contrast, a judge has to use finer judgment, which is not simply factual, and it is possible for one to subconsciously be influenced by feelings (S’ma 33:1). The gemara (Ketubot 105) tells of Amoraim who reclused themselves from judging based on small favors that one side did for them. One of them subsequently noticed that he was thinking about arguments that "his side" could have made, and declared: "How cursed are those who take bribes … for I did not take a bribe and still my thought process was affected."
As mentioned, the secular courts are not as strict as this and apparently rely on the judge’s ability to overcome his inclinations based on his cognitive powers. Halacha looks more at the human limitations of the judges and is willing to be more demanding and less trusting.
P'ninat Mishpat (829)
Various Rabbis
231 - Late Return of Flawed Furniture
232 - Disqualifying Judges
233 - Continuation Non-Agreement
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
