Q&A: Gentile Courts
Gentile Courts
Question
Rabbi Eliezer Melamed rules that there is a halakhic obligation to go to a rabbinical court and not to a civil court, yet the community under his leadership filed a claim in civil court and firmly refuses to have the case transferred to a rabbinical court. Following this, Tomer Persico tweeted the following::
“Rabbi Melamed’s dishonesty—ruling that it is forbidden to go to the Israeli courts and then doing so himself—is the small story.
The big story is that there is not a single serious Orthodox halakhic decisor who rules that the Israeli courts are not ‘gentile courts.’ Seventy-five years after the founding of the State, Orthodoxy still does not recognize the legitimacy of its courts. Simply aliens. In the meantime, of course, they use the legal system, because the rabbinical courts are not a real substitute—not only because Jewish law is archaic and incapable of dealing with the complexity of today’s disputes, but because the courts discriminate against women, non-Jews, and are generally biased in various ways and exposed to constant politicization. Even the people from the Ponevezh yeshiva went to an Israeli civil court. Because 1. Jewish law is simply not updated and nobody bothers to update it, 2. in the end, observance of Jewish law is always selective.”
Two questions for the Rabbi:
- Even in your view, are the Israeli courts included in the category of “gentile courts”?
- Is Jewish law today indeed not sufficiently up to date to cope with modern reality?
Answer
1. I explained my position in an article and in the series of columns on Modern Orthodoxy. See there.
The 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%259B%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%25D7%25AA-%25D7%2595%25D7%25A9%25D7%2599%25D7%259E%25D7%2595%25D7%25A9&sa=U&ved=2ahUKEwij2NOhoov_AhWCVPEDHXJoAWMQFnoECAkQAQ&usg=AOvVaw3P24pS9dHp_gEZAwgooUgV
The columns: 344, 446, 478, and others.
2. Indeed. And if they update it, then it is no longer Jewish law; rather, they will be adopting the law currently in force. See my article on “Hebrew Law”: