Q&A: Differences Between Torah Law and Secular Magistrate’s Court
Differences Between Torah Law and Secular Magistrate’s Court
Question
Hello,
Are there differences, for example, between Hebrew law / rabbinic law and Israeli civil law? For instance, in the area of damages, would the ruling be different? If an animal worth one hundred damaged an animal worth twenty, how much money would the defendant be required to pay? I saw that in Maimonides the concept of half-damages appears, which comes out to 8 because the carcass is worth 4.
Is there a difference in secular law?
Answer
There are many differences. There are also questions about what exactly counts as Hebrew-rabbinic law, since it includes customs, enactments, and more. But that isn’t something for a short comment reply like this.
Discussion on Answer
If so, I recommend that you go through books on Hebrew law and study them all. Much success.
I should warn you in advance that you won’t find any great sanctification of God’s name there, because there is not more justice there but less justice than is generally accepted. This was already pointed out by Ran in his homilies (Homily 11), and by Maharal and others. See also my article, “Is Jewish Law Hebrew Law” (it is also here on the site). And this is not a defect in the halakhic system, since its purpose is not only justice, and this is not the place to elaborate.
I would be glad to learn about the differences both in the classical area and in the newer area of enactments.
I believe that there is an element here of sanctifying God’s name, in seeing that there is an added justice that ought to be found in Torah law.