https://www.jpost.com/opinion/article-892513
This declaration of war is not over any concrete dispute. Its purpose is to undermine the legitimacy of a parallel state judicial institution – to challenge its composition, authority, and decisions. Imagine the storm that would be unleashed if Chief Justice Amit had determined that Israel’s chief rabbi was impudent, lawless, and an enemy of the State of Israel.
The chief rabbis’ outburst has deep roots. Their father, the late Rabbi Ovadia Yosef, along with many other rabbis, held that Israel’s courts are “gentile tribunals.” Decoded, this phrase implies that Jews may not turn to them. It echoes Maimonides and the Shulhan Aruch, “whoever comes before them for judgment is wicked.” This is, to put it mildly, a deeply problematic halachic-cultural position. The ban on litigating before gentile courts was, of course, formulated in exile.
Another example of the Chareidim feeling free to insult and behave like trailer trash but getting outraged when the favour is returned.
ReplyDeleteThere are several different halakhic issues here, all which merit elucidation. And this is a good opportunity for continuing the give-and-take we had last month in the comments at https://daattorah.blogspot.com/2026/03/reb-moshes-40th-yartzeit-and-agunah.html
ReplyDeleteFirstly, as the author Prof. Yedidia Stern [and commentator Reb Garnel Ironheart] both correctly indicate, we must support the State of Israel [at least] be-di'avad once it already exists. Defending the borders of a Jewish state that already exists is a matter of piku'ach nefesh, as per the Gemara, Eruvin 45a [and see further at https://daattorah.blogspot.com/2023/12/a-call-for-hamas-to-surrender-by-rabbi.html ]. And obviously, for such defense to be successful, the Jewish army must function harmoniously, meaning that all sectors of the Israeli population need to be unified. [Now, without wishing to insult anyone, it is worthwhile to remember the historical tragedy that intra-Israeli violence was introduced by the secularists when they murdered the attorney of the Edah ha-Charedit (Dr. Jacob Israel de Haan) in July 1924 (over a century ago). Nevertheless, let bygones be bygones and let us resolve that all Jews will coexist in harmony from now on.] So, time for Iran and Lebanon to both surrender unconditionally to the State of Israel. [Hezbollah nutcase terrorists, please take note.]
Secondly, posek ha-dor Rabbi J. David Bleich has indeed ruled that the secular courts of the State of Israel constitute "gentile tribunals." See https://traditiononline.org/survey-of-recent-halakhic-periodical-literature-33/ This does not mean that he seeks to harm the State. On the contrary, his pro-Israel articles [cited and capitalized upon by yours truly] show his blue-and-white colours. But the point is that Torah-observant Jews may not turn to the secular courts to resolve their disputes.
Thirdly, we cannot exempt ourselves from any halakhah in the Gemara by claiming that it "was formulated in exile." That was the point R. Joseph Ber Soloveitchik rendered in his famous "Gerus and Mesorah" lecture [repudiating R. Emanuel Rackman's attempt to rescue agunot by letting them remarry without a get].Rabbi Soloveitchik cited Rambam, Hilkhot Teshuvah 3:8 regarding מכחיש מגידיה as proof that we cannot historicize a halakhah found in the Gemara. [And while not specifically cited by Rabbi Soloveitchik, the same emerges from the Gemara, Berakhot 5a, that the entire Mishnah and Gemara were already revealed to Mosheh Rabbeinu at Mount Sinai.] See https://www.yutorah.org/lectures/767722/Gerus-&-MesorahPart-1