Justice Benish’s recent ruling that wrested authority for Kashrut certification from the Rabbinate only serves to reaffirm my developing theory that those who embrace liberal –leftist ideology live in a reality parallel to our own..
The present has its roots in the past. American law has its origins in the common law of England which in turn has connections to the Roman civil law who in turn took legal principles from the Greeks who had contact with the Prophets, Scholars and scribes of Israel .
Similarly, Israeli Law is a patchwork of Ottoman, British and the sensibilities associated with generic values associated with liberal democracies. As necessary the courts will look at Jewish legal sources and in fairness probably more often than other jurisdiction though it does not enjoy the status it should have in the Jewish State. The Jewish Legal Heritage represents over three thousand years of scholarship and precedent
All jurisprudence has its origins in what came before. Though circumstances can and do change the variations are transient whereas the essentials of the human condition remain a constant. Therefore even though technology and standards of living can change ancient principles are still applicable in the present day. This is why a legal system needs a sense of fidelity to history as this adds authority and reliability to a particular society’s legal system.
The study of Mishpat HaIvrei, academic study of Jewish Law is a recognized discipline in Law Schools throughout the world. As an Attorney and Rabbi and even more so as a Jew it would be a source of pride and demonstration of the nation’s eternal nature that the Israel’s judiciary and Supreme Court embrace as well as respect the Jewish Legal Heritage.
Israel ’s Supreme Court and in particular under Justice Barak and now Justice Benish displays what comes across as a disdain to Jews and Judaism. When the Supreme Court recently ruled that Jews have a right of worship on the Temple Mount as well as some other positive rulings it was viewed as a cause for blessing He Who works miracles. The Court has long inserted itself in the Rabbinate’s jurisdiction in conversion,divorce and kosher certification. The present ruling reported by Israel National News .Arutz -7 The Ashdod Rabbinate withdrawing Kosher Supervision from an establishment operated by a Jew who claims belief in the object of Christian veneration. It was reported that the Court declared that;
. . . Halakhic [Jewish legal] standards that measure when one’s personal kashrut claims may be believed are not part of the “hard core” of kashrut laws to which the State of Israel is obligated. Therefore, the fact that the rabbinate does not "trust" the owner is not sufficient reason to withhold the kashrut certification (INN/A7 news story 11/18/2009)
Such a ruling further strips the rabbinate of authority and credibility. It is equally astonishing that the Chief Rabbis, Rabbis Amar and Metzger or other rabbinic associations have not pledged to protest/defy the Supreme Court’s ruling. Nor has legislation been proposed in the Knesset to fix this situation. Why ? Is there a lack of commitment or intimidation? Or does inaction to restoring the rabbinate’s honor stem from a sense of despair?
The frontiers of arrogance are apparently being mapped out by Justice Benish and her ilk. Ruling that Kosher certification has a secular definition that lie beyond the reach of rabbinic authority reads like a Purim satire. Again not just to those who already observe Torah and Mitzvoth but any proud Jew’s passions should enflamed. This issue is a further symptom of the worldview that cannot see the imperative to retain all of Jerusalem, how Mama Rachel weeps at her children having to encase her tomb under a bunker or how our grand parents in Hevron are surrounded by hostile neighbors and on and on. Those who subscribe to Justice Benish’s way of thinking see operation cast lead as collective punishment of Gazan Arabs or see a realistic option in engaging Iran in real diplomatic dialogue.
It seems necessary for the Rabbinate and all well meaning folks to rebuff the Supreme Court’s insult and to seek out the assertion of authority not in the spirit of arrogance but as an expression of self esteem. Now as the Jewish character of the state is openly challenged both from within and without. Now, is the time for Israeli government to embrace Judaism’s heritage in the state’s public life
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