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Thursday, July 15, 2021

Q&A: Don't Israel's Secular Courts Invalidate the Creation of the State?

Judge's gavel (Credit: Bill Oxford/Unsplash)

QWhen Israel was being created as a secular state, it was known that the state would have courts that wouldn’t be religious and would issue rulings, especially monetary rulings, that would go against the Torah. One of the main functions of a state is its courts, and it’s obvious that whenever you create a state, courts will also be created. How was founding a secular state not transgressing the prohibition of causing others to sin, when clearly you would be causing these secular courts to be created?

AFirstly, don't forget the alternative hell of not having a Jewish State, which we had just experienced three years beforehand in the Holocaust. True, your approach was taken by the miniscule and extremist Neturei Karta, but almost all religious Jews followed Rav Kook and the Chazon Ish, who realized the pragmatic necessity of the suggested Jewish State - which was the best option available - though with the intention of improving it.

Secondly, historically, the court system and much of the religious status-quo was unfortunately already decided by the British during the Mandate period, mainly based upon the British system, which was seen as more modern, without consulting the religious leaders. The Israeli court system was not founded by the State, but simply continued to function after the State was founded.

Thirdly, all older Israelis know that the population in Israel is growing more and more religious (e.g. compare the number of kosher restaurants and religious army officers with the situation just 25 years ago!). Statistically, most children are enrolled today in religious kindergartens and within several decades most of the Jews in Israel will be observant.

That's precisely why the secularists in the irrelevant Labor and Meretz parties (who ruled Israel for the first 30 years of the State, yet today comprise just 11% of the Knesset combined), together with the slightly larger "centrist" Yesh Atid  and Blue & White parties (together, 21%), saw that their last hope of ever being in a coalition is only by greatly compromising most of their agendas. Accordingly, their final "swan-song" is to accept mainly inferior ministries, to admit an Arab party for the first time, and to absurdly lure the right-wing Naftali Bennet, Gidon Sa'ar and Avigdor Lieberman to head their coalition in order to try to move the status-quo in their direction (and away from the 54% that compose national/traditional and religious parties) before it's "too late" for them.

You don't need to be a statistician to know that the religious have many more children and are the ones making aliya from Western countries, while those leaving Israel are secularists. The olim from the former Soviet Union and their children are gradually becoming more and more Israeli (read: traditional) - for everyone needs a culture - and the hundreds of thousands of Ba'alei Teshuva here also impact the numbers. Even those who go in the opposite direction - moving from a religious upbringing toward a more secular lifestyle - usually "return" to a certain extent, when they get married and have children.

In short, just as the Knesset is becoming "religious," so too is the culture, media, social make-up, and even the judicial system of the State of Israel (e.g. the conservative judges appointed by Ayelet Shaked, who caused the leftists to panic). Nevertheless, all transitions in life, especially public changes, take time (and especially when most of the Western world is becoming more secular and permissive). But needless to say, we are clearly an outstanding light that will hopefully in time influence even other nations to change direction as well.

Fourthly, the State of Israel is not perfect, and in fact almost nothing in this world - as it is today - is ideal! The goal of life, according to the Rambam, is to meet the challenges with our G-dly free-will. Or in the words of Rav Soloveitchik, to "destine the fate" in the best possible way. Rather than complaining and demanding immediate gratification and perfection, idealistic young people like yourself should actively (but patiently too) hasten this process of Redemption by "adding light" to chase away the remaining darkness, and to make sure it will develop that much more quickly within our lifetime.

Answered by Rav Ari Shvat, yeshiva.co
Translated by Hillel Fendel

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