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Amongst the ideological foes of Jewish life and values, the idea of anarchy – no government, no police, no courts – ranks as one of the most pernicious and evil of enemies. The nature of people is to be contentious, protective, and zealous of one's own property, personal rights, and privileges. Since, by nature, human beings always encounter other human beings which is the basis for all commerce and social interaction, disputes will certainly arise when one's rights butt up against the perceived rights of others. How are these matters to be settled?
In a lawless society, brute strength and violent behavior would always prevail. But the Torah constantly reminds us that we are to protect and enhance the rights of the poor and defenseless, the widow and the stranger, those that are, somehow disadvantaged by the process of general society. And it becomes the task of the legal system that is established in Jewish society, to protect these individuals. Judges and police, courts and bailiffs are not only necessary for society, but are also the agents of Godly intent.
All human history has shown us that all legal systems established by human beings are inherently flawed and subject to manipulation. We read in the book of Psalms of the complaint that evil can be easily constructed by legal means. Even a cursory study of the prophets of Israel will reveal the extent of their condemnation of the perverse practices and corruption of the court systems and the judges of their generations.
It is hard, if not well-nigh impossible to find people who are completely incorruptible. All of us have human weaknesses that can be exploited by others and manipulated by any form of legal system that we will devise. Our great teacher and leader, Moshe, could not find, even in his generation, judges and tribal leaders that would meet all the requirements that were set for them by Yitro and confirmed by heaven itself. He, so to speak, had to settle for what was available to him in Jewish society at that time.
There is a lesson in this for us - that we should not allow our search for perfection to disqualify people who otherwise could serve as competent and efficient judges and administrators of Torah law. That is what the Talmud meant when it said that Yiftach in his generation was the equal of Samuel in his generation. We can only deal with what exists before us. The Torah cautions us that the only judge that you have is the judge that exists in your generation. Thus, the basis of all legal systems is practicality, and the Torah is the most practical of all disciplines.
Shabbat shalom
Rabbi Berel Wein
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)
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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
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.
