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The echoes from the big dispute that accompanied the establishment of the Israeli Chief Rabbinate and the Rabbinical Courts reverberate to this day. It started between the rabbis of Yerushalayim and those of Yafo, and it turned into a machloket between supporters of the Chief Rabbinate, founded by Rav A.Y. Kook z.t.l., and opponents, led by Rav Chaim Zonnenfeld z.t.l.
One of the results of this machloket is the Chief Rabbinical Court in Yerushalayim’s policy to not intervene, in most cases, in the rulings of regional batei din. Even in cases where the upper court agreed with the appeal, they would return the litigants to the original court rather than reverse the ruling themselves. (The last few years have seen an attempt to change this, but there has been no explicit announcement of a policy change.) The result has been that every tribunal, consisting of respected dayanim, rules according to its understanding of halacha, with no system-wide binding policies. Such policies would enable the system to run in a manner that people would know in advance the principles that are employed.
The lack of this uniformity seems to be against the guidance of Chazal in their comments on the opening of our parasha (Shemot 21:1, referring to the judicial system): "These are the statutes that you shall place before them." In the Mechilta D’Rabbi Yishmael, Mishpatim 1, Rabbi Akiva teaches the extent of the presentation of Torah laws. We learn from "… and teach Bnei Yisrael, place it in their mouths" (Devarim 31:19) that the teaching process should not be limited to being taught once but should be repeated until the material is learned. From our pasuk, he learned that the laws should be taught until people actually know the material clearly – "arrange it as one sets a table."
The lesson is clear. The Jewish judicial system needs to be clear and understood. All who want to use it should know what halachic rules "make it tick." It is true that to be an expert in Choshen Mishpat (the section of the Shulchan Aruch on monetary law), one needs to dedicate many hours a day for many years. Only a few brave souls (with brave-souled wives) live up to the challenge. However, it is still important that the broad public, and certainly the lawyers and toanim rabbaniim who help litigants, should understand the rules that are the underpinnings of the beit din system they approach. Therefore, action must be taken to make these as transparent as possible as soon as possible, so we can fulfill that which Rashi says on our topic: "place before them like a set table, which is prepared for a person to eat."
Every year, the Eretz Hemdah-Gazit network, along with Mishpetei Eretz, assemble the heads of the batei din and the dayanim from throughout the country to discuss pertinent fundamental questions. We publicized a summary of the conclusions of these discussions on the beit din website.
Let us pray that we will soon merit the complete fulfillment of the prophecy of a judicial system which all can appreciate: "I will return your judges as originally and your advisors as initially. Then you will be called the city of justice, the reliable town. Zion will be redeemed with justice and its returnees with charity" (Yeshaya 1:26-27).
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
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)
