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Beit Midrash
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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
Rabbis in Midrash
Lessons
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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)
