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In the State of Israel, there are a few groupings of courts. There are courts for criminal matters, which fulfill the halachically supported function of having a leadership that makes sure society has tranquility and personal security. There are courts, which, unfortunately in most cases, deal with monetary disputes not according to halacha. One element of these courts includes the Family Courts, which deal notably with matters related to divorce, including alimony, custody, child support, and division of property. These courts "compete" with the Rabbinical Courts, which have overlapping jurisdiction, by law. The Rabbinical Courts also have exclusive jurisdiction regarding issues such as personal status and the giving of gittin (bills of divorce).
With one (or more) court system for so many matters, why is there a need for the country-wide system that we have established in Eretz Hemdah-Gazit? A major part of the answer is closely related to the role of the Israeli Supreme Court and its relationship with the Rabbinical Courts. The Supreme Court views itself as the representative of the nation, with overall responsibility to ensure that the nation has proper justice, according to its legal perspective. For many years, the Rabbinical Courts have been claiming that they should not be subservient to the dictates of the Supreme Court, as they are subservient to halacha and only to halacha. We will not develop this dispute in this short column.
Within the framework of this dispute, the secular Supreme Court rendered a ruling known as the Amir Ruling or the Procaccia ruling. In this ruling, the Supreme Court forbade the Rabbinical Courts (who receive a governmental salary and use government-owned property) from serving as arbitrators according to the Law of Arbitration. This sealed the path of litigants who both wanted adjudication based on halacha to the recognized rabbinical courts. This situation created a vacuum, which the Eretz Hemdah-Gazit network has helped fill. The Israeli and international laws of arbitration ensure that our rulings are enforceable when the two sides properly enter into an arbitration agreement. The network has developed a reputation for fair, honest, efficient service with a minimum of expenses. The rules of conduct and ethics stand up to the most demanding halachic and public standards. The network, which adjudicates in a wide variety of cases, proves that it is possible to follow Torah law in regard to the legal complications of a changing modern society and do so in a manner that is fully recognized by the law of the land.
We pray that we will have a part in the proper fulfillment of the mitzva of establishing courts.
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
