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The ability to enforce rulings is a fundamental element of any court system. Going through the process of opening a file, holding hearings, accepting written submissions, studying the case’s halachic/legal background, and writing a comprehensive ruling without knowing it can be enforced, turns the matter into a farce. It risks a great waste of time and money and can cause significant chillul Hashem.
In a closed society where refusing to follow a beit din’s ruling is unheard of due to societal pressure, the possibility of governmental enforcement may not be necessary. However, even in such surroundings, in litigation on the most significant matters (e.g., control of leading Torah institutions), parties have been known to solve their problems in secular courts, where there is enforcement.
Even the rulings of the government-financed Rabbanut courts on purely monetary matters have only been enforceable by means of the Law of Arbitration, as they have jurisdiction only for personal status and family matters, especially divorce. After the landmark Amir case ruling of Supreme Court Justice Procaccia, it became illegal for the Rabbanutcourts to hear cases outside the areas of their jurisdiction. Manydayanim in those courts refused to use arbitration law, claiming that their authority comes and must come only from the authority of the Torah, without the need for the permission of the Knesset or Supreme Court.
Before we clarify our position on the matter, we will briefly explain the working of the Law of Arbitration. Opening litigation to arbitration courts makes the process faster and lessens the backlog of cases that fall upon the tired governmental courts. Most countries have adopted such laws, which are incorporated into international law. The law sets certain basic requirements for the arbitrators’ rulings to be fit to be upheld:
1. The rulings are binding only if a valid arbitration agreement has been signed.
2. The arbitration must remain within the boundaries of the dispute to which the sides agreed.
3. The litigants were given a fair opportunity to present their claims and proofs.
4. The content of the ruling does not run against the public interest.
5. The ruling is written, signed, and dated by the arbitrators.
6. The Regional courts will uphold the ruling and thereby enable its enforcement after they check that the basic rules of justice were followed.
Since the rules that are expected of arbitration courts are required by halacha as well, we are happy to be subject to them. The substantive law that we use is Torah law. The Law of Arbitration, which is a fair law, upholds the right of every set of litigants to adjudicate according to their beliefs, while ensuring that they will abide by the rulings.
We should be thankful that the State of Israel legislated such a law, which preserves much of the Torah’s relevance to modern society. We are not bothered by the question of ultimate authority since halacha recognizes a government’s responsibility for the welfare of its populace. We pray for a strengthening of the State leading to a time of full fulfillment of "I will return your judges as it was initially …" (Yeshaya 1:26).
Rabbis in Midrash
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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.
