Insight into current events: Reference File
Dateline: 16th September 1996 - 3 Tishrei 5757
One State - One People? One Dream?
BaGaTZ vs BaDaTZ
(Israel Civil Jurisdiction vs Rabbinical Jurisdiction)
Issues behind the Incitement against Supreme Court President,
Justice Barak
and the Israel Supreme Court
1. Look this article up in the "Jerusalem Post" on-line archives:
"Judging the Judge", By Allison Kaplan-Sommer (August 30)
in Sunday, September 1, 1996 Jerusalem Post
The United States, one of the world's strongest democracies has had
its Supreme Court challenged in such strong language in recent decades...
[...]
On that point, the haredim are supported by the rest of the religious
community, [...] seeing it as legitimation of violence."
Moshe Negbi, legal expert at Ma'ariv, maintains that the red line [...]
comparing him to one who betrays his countrymen."
[...]
[...] in Ha'aretz, Professor Shlomo Avineri observed [...] it is hard
to prevent a deterioration in its status."
[...]
Some are optimistic - pointing to opportunities for dialogue [...]
regarding the High Court and Supreme Court's decisions.
Others are less so. [...] those who come out victorious and those who
are defeated."
2. Look this article up at the same url:
"Ruling religiously", by Elie Kaunfer, (August 21) from:
Sunday, September 1, 1996 Jerusalem Post
[About a haredi-secular policy dialogue organization founded by Rabbi
Shmuel Jakobovits, son of former British Chief Rabbi.]
[...]
One of Jakobovits's main goals [...] between observant and non-observant
citizens.
[...]
Some observers, [...] this balance can be maintained.
"I think that if haredim [...] be successful."
But Jakobovits remains hopeful. [...] this organization," he says.
3. Judaism's Democratic Tendency
by Professor Eliezer Segal,
Department of Religious Studies,
University of Calgary
[excerpted with permission]
[...] Anti-democratic forces in Israel have even argued that the idea
of democracy is inherently opposed to Judaism. The familiar political
structure of ancient Judaism was generally monarchical, or even "theocratic"
[...]
[...] The talmudic rabbis, moreover, were far from certain that the
Torah viewed monarchy as an ideal political structure.
It has been argued that Judaism does not actually recommend any particular
political system. Provided that the leadership is guided by suitable
religious and moral ideals, Jewish tradition has sanctioned a number
of different political models.
A Jewish City-State
[...]
Though the Talmud speaks at greater length of authoritarian structures
involving rabbinical courts, a Nasi, and a king (to which it is often
hostile), it is clear that in reality it was the local communities which
constituted the dominant form of government. The relative silence regarding
the kehillah has been attributed to the fact that the Mishnah and Babylonian
Talmud were edited at times when there was a strong (but unsuccessful)
move towards centralized authority.
[...]
[...] the community was assigned absolute control over its citizens'
property, an authority which the Talmudic sources restricted to the
recognized Rabbinical courts.
Majority Rule
Basing himself on this analogy, the renowned 13th century Spanish
talmudist Rabbi Solomon Ibn Adret (Rashba) summarized the principle
that communities should be governed by majority rule:
"Whatever they [the Great Court] decree shall stand, and whoever
disobeys is to be punished."
Dissenting Minority
At least one important medieval Rabbi, the noted French scholar Jacob
ben Meir Tam (known as "Rabbenu Tam"), denied the power of
the majority decisions to obligate the dissenting minority.
Rabbenu Tam's view remained itself a dissenting minority position.
One of his most distinguished successors in Germany, Rabbi Asher ben
Yehiel (the Rosh, or Asheri) rejected the view arguing, among other
things, that unless we accept the principle of majority rule, no community
will ever be able to come to any decisions.
Representative Democracy
[..]
The Talmud speaks of an institution called shiv'ah tovei ha'ir, the
"seven leaders of the town." R. Solomon Ibn Adret, in explaining
this term, observes as follows:
"The "leaders of the city" mentioned in the sources
are *not* men of exemplary learning or wealth or honour, but rather
seven men whom the community has appointed as executives to oversee
its affairs...."
[...]
"Otherwise [he writes] no community would ever be able to do
anything--plan a budget or pass legislation--without assembling all
the taxpaying citizenry (in questions that entail expenditures), until
a consensus can be reached--a consensus which would have to include
the women as much as the men, since how can anyone dispose of their
money without their permission?"
This has been only a small glimpse into the rich and vibrant world
of Jewish political life. It should, however, be sufficient to demonstrate
that such "modern" inventions as majority rule, representative
democracy and executive responsibility all have long and distinguished
roots in Jewish history and tradition.
First Publication: JS, Oct. 21 1988. elsegal@acs.ucalgary.ca
Full article at url - "http://www.internet-audit.com/cgi-bin/stats.exe/0000258"
4. Quotes by and about the issues:
[About] two-thirds of Israel's 4.6 million Jews define themselves as
secular... and one third as religiously observant...
"The Supreme Court, a bastion of secular Israel, long has angered
observant Jews by opposing religious-based laws [...]"
``The Target: Barak.''
``Barak is the driving force behind a sophisticated campaign against
Jewish life in Israel,'' - Hashavua newspaper
``They called Rabin a traitor and he was murdered. If it could happen
once, it could happen again.'' - Yossi Sarid, former minister
in Rabin's government.
``We will not permit attacks on this important and central institution.''
- Netanyahu, Israel Prime Minister
``Those attacking Barak are trying to undermine the basic values of
society and the public's confidence in the justice system.'' -
Finance Minister Dan Meridor
Source: _Orthodox Jews Blast Judge_ HILARY APPELMAN Associated Press,
Wednesday, August 28, 1996.
5. Excerpted article on the status of minorities under Israeli law,
from: "Policy: American Israel Report", July 24, 1995
P.O.B. 7432, Jerusalem
yerushalmi@openworld.com"
Fax: 972 2 353-674
The Jewish State, Liberal Democracy, and Demographics
Israelis and American Jews takes pride in describing Israel as both the
Jewish State, meaning the Homeland for Jews throughout the world, and
a liberal democracy fashioned after the US. Those of us, however, weaned
on the Declaration of Independence and the Constitution of the United
States understand almost immediately that the very idea of a _liberal
democracy_ that favors Jews (or any religious group) in a de jure or de
facto way over its other citizens creates what can be termed dissonance
-- a lack of harmony or a discordance. To understand this phenomenon with
a little more clarity, let us examine the terminology and the relevant
vital statistics.
[...]
It is an absolutely amazing phenomenon that Israel must absorb almost
620,000 new immigrants over a six-year period just to maintain the status
quo with its non-Jewish population, which is growing at a phenomenal rate
merely by giving birth. In fact, the statistics on birth are the not-so-secret
weapon of the Arab population in Israel. (One must keep in mind that these
statistics deal only with Israeli Arab citizens and do not include the
Palestinian Arabs, who are not Israeli citizens.)
[...]
Israel's vital statistics tell a frightening story. Without blatant and
legalized religious discrimination against Israeli Arabs in favor of Jews,
Israel would in time become a Non-Jewish State. While this might not bother
some, one has to be very clear about the character of Israeli policy.
It is simply not the case that Israel is a liberal democracy. The effort
to dilute the Arab vote by discriminating against the Arab who wishes
to immigrate to Israel and the expenditure of hundreds of millions of
taxpayer dollars on the absorption of the Jewish immigrant population,
is nothing less than Israel's version of "religious cleansing".
And, except for the Arab minority, almost all Israeli Jews, from the political
right to the center to the not-so-extreme left, support this practice
of ethnic/religious cleansing.
Which leads us right back to where we started. Israel must decide whether
it is to remain the Jewish State or succumb to the fatally alluring siren
song of liberal democracy, a song that Israeli and American Jews themselves
are singing. The Zionist dream is not liberal. Israel must relinquish
this quest or turn its back on Zion. The two simply cannot co-exist.
NOTE: A version of this essay was published as an op-ed in _The Wall
Street Journal Europe_, Tuesday, August 22, 1995.
AM.I.R.
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