Gentile Courts
Rabbi Eliezer Melamed rules that there is a halachic obligation to go to a rabbinical court and not to a court, but the settlement under his leadership filed a lawsuit with the court and firmly refuses to have the case transferred to a rabbinical court. Following this, Tomer Frisco tweeted the following:
“The dishonesty of Rabbi Melamed, who rules that it is forbidden to go to the Israeli courts and then goes, is the small story.
The big story is that there is not a single serious Orthodox rabbi who rules that Israeli courts are not “gentile courts.” 75 years after the establishment of the state and Orthodoxy still does not recognize the legitimacy of its courts. Simply alien. In the meantime, of course, the legal system is being used, because the rabbinical courts are not a real substitute, not only because the halacha is archaic and unable to handle the complexity of today’s conflicts, but because the courts discriminate against women, non-Jews, and in general are biased in a variety of ways and exposed to constant politicization. The people of the Ponevezh Yeshiva also went to an Israeli court. that 1. Halacha is simply not up to date and no one bothers to update it, 2. In the end, keeping Halacha is always selective.”
Two questions for the rabbi:
- Do you also think that Israeli courts are considered “gentile courts”?
- Is today’s Halacha not updated enough to deal with modern reality?
Discover more from הרב מיכאל אברהם
Subscribe to get the latest posts sent to your email.
1. I explained my position in the article and series of columns on Modern Orthodoxy. See there. Article: https://www.google.com/url?client=internal-element-cse&cx=f18e4f052adde49eb&q=https://mikyab.net/%25D7%259B%25D7%25AA%25D7%2591%25D7%2599%25D7%259D/%25D7% 259E%25D7%2590%25D7%259E%25D7%25A8%25D7%2599%25D7%259D/%25D7%25A2%25D7%259C-% 25D7%2590%25D7%2595%25D7%25A8%25D7%25AA%25D7%2595%25D7%2593%25D7%2595%25D7%259 B%25D7%25A1%25D7%2599%25D7%2594-%25D7%259E%25D7%2595%25D7%2593%25D7%25A8%25D7 %25A0%25D7%2599%25D7%25AA-%25D7%25A7%25D7%25A8%25D7%2599%25D7%25A6%25D7%2595%2 5D7%25AA-%25D7%2595%25D7%25A9%25D7%2599%25D7%259E%25D7%2595%25D7%25A9&sa=U&ve d=2ahUKEwij2NOhoov_AhWCVPEDHXJoAWMQFnoECAkQAQ&usg=AOvVaw3P24pS9dHp_gEZAwgooUgV Columns 344, 446, 478 and more. 2. Indeed. And if they update it, then this is no longer the halacha, but they will adopt the prevailing law. See my article on “Hebrew law”: https://mikyab.net/%d7%9b%d7%aa%d7%91%d7%99%d7%9d/%d7%9e%d7%90%d7%9e%d7%a8%d7%99%d7%9d/%d7%94%d7%90%d7%9d-%d7%94%d7%94%d7%9c%d7%9b%d7%94-%d7 %94%d7%99%d7%90-%d7%9e%d7%a9%d7%a4%d7%98-%d7%a2%d7%91%d7%a8%d7%99-%d7% a2%d7%9c-%d7%93%d7%aa-%d7%9e%d7%95%d7%a1%d7%a8-%d7%95%d7%9e%d7%a9%d7%a4
Discover more from הרב מיכאל אברהם
Subscribe to get the latest posts sent to your email.
Leave a Reply
Please login or Register to submit your answer