Jewish Jurisprudence

It is unfortunate that the original ordination has lapsed, and the result has been a decrease in the authority of rabbinic judges. Furthermore, because our exile lasted so long, many areas of modern economy, society, and governance have not yet been fully elucidated by halakha. Nevertheless, there is still a mitzva to take any disagreements to a court that follows Jewish law. In the verse, “These are the rules that you shall set before them” (Exodus 21:1), “them” refers to the judges and rabbis who rule in accordance with Torah law.

When the State of Israel was founded, it should have established a justice system of Jewish jurisprudence, combining the classic values of the Torah with the modern legal wisdom of developed nations. Unfortunately, because the founders were skeptical the Torah could make a positive contribution to a modern justice system, they decided that Jewish jurisprudence would be consulted only in cases in which secular jurisprudence failed to provide a resolution.

Since the modern Israeli justice system refuses to give proper weight to Jewish jurisprudence, it is not acceptable according to halakha. Therefore, if two Israeli citizens have a disagreement, they must take it to a court that follows halakha. Only if one side refuses to go to a rabbinic court may the other side resort to a secular court. Some contemporary rabbinic authorities say that as long as a person cannot realistically turn to Jewish jurisprudence, one may have the case heard by a secular court, because the community has the right to decide that it wants to use a justice system proven in enlightened countries. In any case, all rabbinic opinions agree that the Israeli justice system should give more weight to Jewish values. When it becomes primarily based on these values, the justice system will become acceptable according to halakha.