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One of the topics that riled up emotions in the pre-State developing community of Eretz Yisrael (in the 1920s to be more exact) was the British authority’s ultimatum that rabbinical courts would be recognized only if they had an appeal system. The dispute as to the proper reaction started as one between the rabbinate of Yaffo and that of Yerushalayim. It turned into one between followers of the founder of the Chief Rabbinate of Israel, Rav Avraham Yitzchak Hacohen Kook zt"l and the opponents of the Chief Rabbinate, led by Rav Chaim Zonnenfeld zt"l.
We will cite the approach of the first Sephardic Chief Rabbi of the State of Israel, Rav Bentzion Uziel. He said that if the people want an appeal system, we cannot block our ears. One should not claim that we cannot employ an idea we have not found explicitly previously. When the community agrees to institute an innovation that there can be appeal and all who adjudicate accept it, it can be done. In order to facilitate appeal, a beit din must clearly write the basis for the ruling so that others can evaluate it (see citation of his thesis in Techumin XV, p. 83). Others have found precedent in the writings of Rishonim for the existence of appeal tribunals, and great rabbinic leaders have approved the system used for presenting the appeal (ibid.).
A complementary source is the gemara in Sanhedrin (31b). R. Elazar says that if one litigant wants to go to a local beit din and the other wants to go to a more distinguished regional beit din, the case is heard locally and beit din writes down the reasons for their decision. What was done with the reasons? This is another apparent source that others would review and evaluate the veracity of the first court’s ruling.
Based on the principles found above, Eretz Hemdah-Gazit’s rulings contain detailed reasoning. Most of the rulings are also made available to the public. Writing the reasons both allows for appeal and makes the process more transparent. Publicizing the rulings (after removing all identifying details) allows for public scrutiny and enables people to learn the principles upon which our court system operates.
Our procedures, which explicitly allow for appeal, take into account that no man is immune to mistakes. On the other hand, we place certain brakes on the appeal system to prevent automatic appeal, which can cause unjustified delay in implementing rulings.
We will summarize by citing our basic rules of appeal.
1. Each side can appeal but only within 30 days of the handing down of the ruling.
2. A court head who did not sit in the case at hand reviews the ruling and decides whether a deeper review of the ruling is in place.
3. If the court head decides the matter warrants appeal, it is heard by a panel of three who all serve as court heads (it may include the one who granted the right to appeal).
4. Litigants can decide in advance to waive their right to appeal.
5. There is a special additional fee for appeal.
May we merit that our courts will be a proper fulfillment of the precept: "These are the statutes that you shall place before them" (Shemot 21:1) and that it will help hasten the fulfillment of "Zion will be redeemed with justice and its returnees through charity" (Yeshaya 1:27).
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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.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.