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Beit Midrash
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- Chemdat Yamim
- Igrot Hare’aya
Recipient: Zev Gluskin, the head of Carmel Wine and the Organization of Wine Producers. This letter is a follow-up of letter #173, in which Rav Kook appealed to Mr. Gluskin to use his influence so that certain people would agree to submit their dispute to adjudication according to Torah law. Mr. Gluskin responded in a manner that Rav Kook was unhappy with, as will become evident. Apparently, there was a dispute regarding inheritance, in which a daughter, who had more need for the money than her brothers, did not want to submit to Torah law, which gives inheritance to sons and not daughters (albeit often with a need for the sons to use much of the inheritance for their sisters’ needs).]
Body: We pick up in the midst of the comparison between Torah justice and the laws of nature.
Igrot Hare’aya (200)
Beit Din Eretz Hemda - Gazit
135 - Support for Jerusalem Old-Age Home
136 - Making Sure There Will Be a Din Torah
137 - Preparation for Shemitta
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However, Heaven forbid that [because of the difficulties] we might "kick at" (i.e., scornfully reject) our system of justice, as it is the most important part of our "spiritual property." It is more crucial for our survival as a living nation than all other peripheral acquisitions, which we correctly believe are valuable. Indeed, so many of these spiritual elements are beloved and pleasant, but we need to distinguish between "organs" that one can live without and those which are central to life, and that which the soul of any nation, but especially our nation, depends on. For us, it is specifically a halachic judicial system.
Therefore, I again turn to you with an open protest against those who trample our holy Torah’s judicial system, especially concerning the case of G. You, honorable gentleman, should know that there is no subject within monetary law that is so connected to written justice (i.e., that the Torah specifies its basic laws) as that of inheritance. Of course, I cannot include in this letter the strong reasons, in the life of the person and the world, that cause this to be the case. However, it is a fact that even those kingdoms that have replaced their old monetary laws, have left the laws of inheritance intact. Many enlightened nations strengthen the power of religious courts regarding the laws of inheritance in relation to their authority in other matters. How are we to justify ourselves if we will weaken the stature of the justice of our Torah to such an extent that we will remove its authority regarding inheritance? Doing so in Eretz Yisrael would be an example of "attacking the queen while the King is in the house" (see Esther 7:8).
Realize that the place in which our enemy, Christianity, acts as a daughter who bites her mother’s breast, attributing it to her flag of mercy, which she carries with hands that are full of the blood of the innocent in an attempt to make Judaism disappear, is concerning recognizing the inheritance of the daughter, against the laws of our holy Torah. It is well known to those who understand secret matters and this is passed down by the Talmud (Shabbat 116b).
Regarding your appreciated apology, referring to wounds inflicted by those who love the other, causing pain also to the one who damages, I sign off with the same sentiment.
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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