YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- Parashat Hashavua
- Torah Portion and Tanach
- D'varim
- Shoftim
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.
Rabbis in Midrash
Lessons
fast navigation
Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
