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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).
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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.
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.
