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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.
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Rabbis in Midrash
Lessons
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P'ninat Mishpat 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: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
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.
