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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).
Rabbis in Midrash
Lessons
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D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
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.
