Q&A: Hebrew Law
Hebrew Law
Question
Our teacher, our Rabbi,
I understood from another rabbi that the whole issue of recognizing Hebrew law is that only after the state operates according to the laws of Hebrew law will we then be able to adopt all the current Knesset laws as communal enactments, and only then will the laws of the state not be considered gentile courts. Since only by the halakhic authority of Hebrew law is it possible to permit and adopt civil laws as communal enactments, and so on.
And in the end, the “halakhic” legal system would indeed be very similar to the current legal system, except that it would derive its authority from a halakhic source — Hebrew law.
As I understand it, the whole dispute is about the path and not the result: you, Rabbi, argue that the direction of action is from the laws of the state to the laws of Jewish law, while the other rabbi argues the opposite, that the direction is from Hebrew law and the laws of Jewish law to the laws of the state. Did I understand correctly? And if so, why is the direction you, Rabbi, propose the correct one?
Answer
I did not understand his claim. Does the king need approval from the rabbi in order for the law of the kingdom to apply? That is absurd.