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From one perspective, the establishment of the State of Israel created a challenge for the poskim of the generation regarding the status of the secular courts in Israel. There was great pain for the Torah observant community when the government decided to base the State of Israel’s law system on Ottoman and English law. This was one of the driving forces in Rav Shaul Yisraeli z.t.l.’s decision to launch our Eretz Hemdah beit din system, in which we have clear rules and procedures, ethical guidelines, a clear arbitration agreement, and we are careful to seat talmidei chachamim with great Torah knowledge and a breadth of wisdom. Such a beit din can recommend halachic solutions for a host of contemporary problems.
We sought partners, including the Mishpetei Eretz research center, to prepare halachic position papers on crucial issues. These position papers become the standard for the rulings of the entire Eretz Hemdah-Gazit beit din network. The last position paper was on the matter of payment for causing the loss of profits.
We are obviously not able to reinstate authentic Torah-level semicha (ordination), and we are also not able to present to the public a holistic halachic legal system that is tailor-made for a modern economy. However, we are able to present litigants with a just solution to their disputes on virtually any topic. This we do on a regular basis, with professionalism and transparency, according to the principles of Halacha and Jewish justice, as our great poskim have done over all the generations.
According to the guidance of Rav Yisraeli, we see cooperation with the Israeli legal system as a means of promoting the solutions to societal problems. There are even some times when the rulings of the general courts are binding according to Halacha (see Mishpetei Shaul 43, regarding a unanimous decision by Rav Yisraeli, Rav Elyashiv, and Rav Aboudi).
We should also note that it is the state’s obligation to take care of the welfare and safety of the populace. This includes the penal elements of the court system. Rav Yisraeli (Amud Hayemini I,9:12) posited that a government that is supported by the people has the authority to punish those who commit felonies. This is not against the Torah as long as it is done to make society run smoothly. Beit din is allowed to get involved in such areas only under special circumstances.
We pray that Hashem will return us to a time of just courts, which will renew Yerushalayim to the status of the "city of justice" (see Yeshaya 1:26-27).
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)
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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)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
