We Need A New Rabbinic Judges Law

How many rabbinic judges accept judicial authority of Israeli civil courts and don't discount decision of those courts as 'robbery'? Are they loyal to its laws? We need to establish threshold criteria for candidates who apply to be rabbinic judges.     

'Rabbinic Judges Law'
How many rabbinic judges accept judicial authority of Israeli civil courts and don't discount decision of those courts as 'robbery'? Are they loyal to its laws? We need to establish threshold criteria for candidates who apply to be rabbinic judges
Rivkah Lubitch • Ynet

Recently two pleasant Jews appeared in our synagogue in full Braslov Hassidic attire, behavior and code. It seemed that they had just returned from Uman and were still swathed in great joy which they wanted to share with others as well.

Even from the raised women’s section it was impossible to miss the fact that they felt very much at home, walking back and forth in the synagogue and praying with exaggerated hand gesticulations. The good sexton of our synagogue graciously extended various honors to our guests: reciting the blessings over the Torah portion, opening the ark.

But guess what? Strangely enough, as soon as the cantor began to recite the prayer for the State of Israel they both disappeared. And they weren’t around for the prayer for the well-being of IDF soldiers, or for the release of our captured soldiers, either. As we began to return the Torah scrolls to the ark they showed up again, put on their prayer shawls, and the two of them returned to their seats.

Good people stopped me from approaching them at the end of the service and asking them to explain their behavior. One, because I was apt to insult them; and the other, in the name of pluralism – it’s their right to pray for the well-being of the State or not to do so. I went home to contemplate the matter.

And really, what complaints can we have with these two nice young men who just recently become religiously observant, and do not feel any need to pray for our State? Do most rabbinic court judges, who hold the highest religious judicial positions in the world, recite the prayer for the well-being of the State?

Do most rabbinic judges-- who decide the fates of Jewish residents and citizens who enter their courtroom under the authority of the State of Israel-- pray in synagogues in which the prayer for the State is recited on Shabbat morning? Allow me to assume that the answer to this question is no.

The rabbinic judges in Israel take an oath to the State of Israel, but unlike the judges, not to its laws - and this is not an oversight.

The citizenship law has come up for discussion now. I have no doubt that rabbinic court judges, were they asked to do so would refuse to declare their loyalty to the State of Israel with the addition of “Jewish and democratic” or “in the spirit of the Declaration of Independence.” And perhaps it’s about time that we understood that rabbinic judges of the State of Israel, who sit by virtue of the authority granted to them by the State and whose decisions are official documents of the State of Israel; do not feel any loyalty to the State.

Let’s not embarrass ourselves with the question of how many rabbinic court judges recite Hallel, with or without a blessing, on Israel Independence Day. The answer is clear. And we won’t embarrass ourselves with the question of how many rabbinic court judges are committed to the values of liberty, justice and equality mentioned in the Declaration of Independence. The answer is also clear.

Let’s focus on one simple question: how many rabbinic court judges accept the civil court of the State of Israel as a judicial authority whose decisions are not presumed to be “theft”?

Perhaps an affirmative answer to this simple question needs to be a condition for accepting a person as a potential candidate for a position as a rabbinic court judge. And then, we’re likely to find a new kind of question in the 'Responsa' literature: Is it permissible for a candidate for a rabbinic court judge position to lie and tell the Committee for the Appointment of Rabbinic Court Judges that he accepts the authority of the civilian courts in Israel and does not think that their decisions are presumed to be theft – in order to be appointed as rabbinic judge?

Rivkah Lubitch is a rabbinic court pleader who works at The Center for Women’s Justice, tel. 02-5664390.

Comments

[JC]

Moral, never let anyone dressed in Braslov Hassidic attire, no matter how pleasant looking they appear into your shul. They are no good and should stick with their own. I would go one step further, do not allow any haredi in your shul, they have a way of taking over. Look upon them as roaches and do whatever it takes to rid yourself of them - ( non-violent of course :)

[Yoel Mechanic]

of course :)

Edit this way: change the colon to a semi-colon. This will convey the intent a little more precisely.

[ah-pee-chorus]

she is right on. and if she is an active to'ennet in batei-din, she is very courageous in that she is calling out the very rabbis who decide the cases she would be involved with.

[A Yid]

From the talkbacks on this article at YNET where it is taken from:

1. Try this little substitution
Replace "rabbinic court judge(s)" with "regular (secular) judges" or "university professors" and see how the article reads.
Zvika , Jerusalem (01.09.11)
Recommend this talkback click here
2. Do Secular Court Judges recite Hallel on Independence Day?
Do Secular Court Judges recite the prayer for the State of Israel? Are the Secular Court Judges aware of the fact that the State of Israel belongs to the Jews ONLY because it says so in the Torah? Are the Secular Court Judges aware of the fact that they have no right to this land if they do not believe in the Torah and follow the Torah? Are the Secular Court Judges aware of the fact that the Torah consists of laws for ALL Jews including them, the Secular Court Judges? Are the Secular Court Judges aware of the fact that the if “Jewish and democratic” doesn’t coincide, Democracy is dropped? Are the Secular Court Judges aware of the fact that they have no right to be judges in a Jewish land because they are not knowledgeable enough and bring about incorrect and corrupt judgment most of the time? Are the Secular Court Judges aware of the fact that it’s against Jewish law to go to the Secular Court for judicial rulings?
Joe (01.09.11)
Recommend this talkback click here
3. Why do I find a flaw here?
Ah yes! PRE JUDGEMENT. You or someone SHOULD have asked in a very amiable and polite way where they went to during those prayers. They could have disappeared at any point. Would you then find a reason to why they left at that juncture? Maybe it was pee-pee time. Ah and Oyi with these prejudgements!! Hmmm, hmmmm!
Israeli 2 (01.09.11)
Recommend this talkback click here
http://www.ynetnews.com/Ext/App/TalkBack/CdaViewOpenTalkBack/0,11382,L-4008635,00.html

[ah-pee-chorus]

++Are the Secular Court Judges aware of the fact that the State of Israel belongs to the Jews ONLY because it says so in the Torah?++

why should they be aware of complete nonmsense? israel is a country with full international legitimacy.

++Are the Secular Court Judges aware of the fact that they have no right to this land if they do not believe in the Torah and follow the Torah?++

is the questioner aware that he is a fool?

+++ Are the Secular Court Judges aware of the fact that the Torah consists of laws for ALL Jews including them, the Secular Court Judges? ++

more nonsense. the torah is a 3000 year old book which has meaning only to those who choose for it to be so. the state of israel isnt a theocracy.

++Are the Secular Court Judges aware of the fact that the if “Jewish and democratic” doesn’t coincide, Democracy is dropped? +++

really? says who?

one of the dumbest things ive read recently.

[A Yid]

I notice that you have nothing to answer to the rest of this comment about Mrs. Lubitch silly proposed requirements that rabbinic judges must say halel on Israel's independence day etc. etc.

[ah-pee-chorus]

i have plenty to say but i'm giving you a chance to defend the foolish comments you were so proud to repost here, which showed a complete lack of logic. if you think a little, youll understand why the hallel part is as bad an analogy as the rest.