Category Archives: Jewish Civil Law

Does Jewish Law Recognize the State of Israel? Part 2

supreme-court-room

Our last post discussed the troubling fact that the leading Orthodox poskim (halakhic authorities) define the law and legal system of the State of Israel as “foreign” or “Gentile law” (ערכאותיהם של גויים). To say that halakhah does not recognize the legitimacy of Israel’s law  is to signal to observant Jewish citizens of the state that they may be entitled to violate that law.  It is also to suggest that the state itself, which expresses its national identity and conducts its public life by means of its law, is a “Gentile” creation, neither truly “Jewish” nor totally legitimate in the eyes of the Torah. It is an embarrassment to the Zionist idea, an insult to all who would like to believe that there is no essential contradiction between the establishment of a modern, democratic Jewish state and the precepts of traditional Jewish religion.

It is also wrong. Continue reading Does Jewish Law Recognize the State of Israel? Part 2

Does Jewish Law Recognize the State of Israel?

supreme-court-room

As we celebrate Yom Ha’atzmaut 5776/2016, we turn to an old question about Jewish law and political sovereignty: does halakhah, traditional Jewish law, provide for the existence and functioning of the modern Jewish state of Israel? We don’t have in mind here the fundamental issue of whether traditional Jewish law permits the Jewish people to form a sovereign political entity prior to the coming of the Messiah. We’re talking rather about something more mundane but no less essential: does halakhah recognize the legitimacy of Israel’s law and legal system? Continue reading Does Jewish Law Recognize the State of Israel?