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Difference between revisions of "Special Court for Matters Concerning the Nation and the State"


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The purpose of this court is to rule on disputes between citizens and the state. Chief Justice: Rabbi Yisrael Ariel (Rabbi Ariel also serves as the head of the Machon HaMikdash)
 
The purpose of this court is to rule on disputes between citizens and the state. Chief Justice: Rabbi Yisrael Ariel (Rabbi Ariel also serves as the head of the Machon HaMikdash)
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The historical government of the Jewish people involves a bicameral parliamentary system.  This includes the Sanhedrin, a deliberative body similar to the upper house or chamber of a legislature, and an ordinary parallel lower house which represents the needs of the population.<ref>See [[Organization of the Nascent Sanhedrin|Organizational structure of the Sanhedrin]]</ref>
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Today a Jewish "Congressional Assembly" in this form does not exist.  Since 1948, there exists a socialist, secular government that exercises civil authority in the majority of the Land of Israel.  Although this government is made up largely of Jews, it is increasingly distancing itself from its Jewish culture and religious heritage.  It sees itself as a secular government of its citizens, and moves are being made to completely separate Religion and State by disenfranchising and defunding religious institutions.  It has also embarked on  a policy of appeasement, of international anti-Israel opinion and terror organizations, by large scale forced transfer of mostly religious Jewish population centers in a government policy called "turning inward".
 +
 +
In spite of these aggressive moves against various religious communities within the Land of Israel, the nascent Sanhedrin is interested in lobbying for reform within the existing government institutions, this court is dedicated to this effort.
 +
 +
In March 21, 2006, the nascent Sanhedrin declared that continued support of the Sanhedrin for the political and public institutions in the future is dependent on the actions of the elected officials to work towards the enactment of a Torah "Basic Law" [Constitution], in accordance which this formula: "Laws which are contrary to the laws of the Torah are not laws of the Jewish people, and therefore they are invalid.  Any law which is contrary to the laws of Torah, legislated by the "Knesset" (including legislated amendments) or interpreted as such by judicial sources is a disqualified law.  The authority to decide in these matters has been unconditionally expropriated by the central religious court based on the Torah (Bible) [the Sanhedrin]."
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==Relationship to the Nascent Sanhedrin==
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The [[Sanhedrin Initiative]] consists of the nascent Sanhedrin, four subcourts and more than a dozen committees.<ref>[Organizational structure of the Nascent Sanhedrin http://www.thesanhedrin.org/en/main/organization.html]</ref>
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The "Special Court for Matters Concerning the Nation and the State" functions within the charter it has been given by the "Special Court for the Executive Oversight of the Sanhedrin", but it occasionally functions independently.  Views expressed by this subcourts, in general, have not be reviewed by the nascent Sanhedrin and as such they carry only the authority that a regular Jewish court of law or committee would hold.
 +
 +
Besides its normal function, the "Special Court for Matters Concerning the Nation and the State" is expected to develop "expert legal opinions" and "legal briefs" that may be used at a future date when a full sanhedrin may decide on these issues. Until that time, their views do not necessarily reflect the binding decision of a Sanhedrin, or even the views of all the members of the Sanhedrin Initiative.
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==Leading Justices==
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[[Image:Rabbi Yisrael Ariel-s.jpg|left]]
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'''Rabbi Yisrael Ariel''' A former Yeshiva head and founder of the ''Machon Hamikdash''. Rabbi Ariel was the Rosh Yeshiva and spiritual leader of Yamit. Rabbi Ariel is a scholar of great renown, and is also the author of many Hebrew works, including the highly acclaimed "Atlas of the Biblical Boundaries of the Land of Israel." He served in the paratrooper brigade which liberated the Western Wall in the Six Day War of 1967, and was one of the first soldiers to reach the Wall.
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[[Image:Rabbi Mordekhai Avrahami-s.jpg|left]]
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'''Rabbi Mordekhai Avrahami'''
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[[Image:Rabbi Yishai Ba'avad-s.jpg|left]]
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'''Rabbi Yishai Ba'avad''' General Secretary of Rabbis of Yehudah and Shomeron regions.
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[[Image:Rabbi Dov Abraham Ben-Shorr-s.jpg|left]]
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'''Rabbi Dov Avraham Ben-Shorr''' is the founder and dean of Beith David Yeshiva. He is an author, shohet, mohel, and sofer stam.  Past articles by this author include "Removing the Labels, Finding Unity" and "A Tale of Two Camps".  He was born in Cleveland, Ohio, lives with his family in the community of  Ma´aleh (Pnei) Hever near Hebron.
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[[Image:Rabbi Meir Yaaqov Ha-Levi Haqaq-s.jpg|left]]
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'''Rabbi Meir Yaaqov Ha-Levi Haqaq'''
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[[Image:Rabbi Yishayahu Hollander-s.jpg|left]]
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'''Rabbi Yeshayahu [Julius] HaKohen Hollander'''.  Editor of a new publication of Talmud Bavli with Rashi embedded, previously he was a Ram in Yeshivat Hesder.  He learned at Yeshiva Poneviz and Kollel Valozin, and merited to study under Rabbi Yitzhak Kolitz z"l, Chief Rabbi of Jerusalem. He holds a M.Sc. Theoretical Physics at Hebrew University and is a licensed Patent Attorney with twenty five years in industry. He was a general manager of Heled Educational Experiences and taught in Ricanati School for Economics at Tel Aviv University.  Born in New York in 1937, came to Israel in 1948.
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[[Image:Rabbi Elitzur Segal-s.jpg|left]]
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'''Rabbi Elitzur Segal'''
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[[Image:Rabbi Dov Meir Stein-s.jpg|left]]
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'''Rabbi Dov Meir Stein''' Received semikha for the Rabbinut from Rav Sternberg of ''Edas Hareidi''. A pioneer in the Sanhedrin's renewal for the last 20 years, he has been secretary of the Sanhedrin since its inception, dealing with logistical aspects as well as interacting with recognized Torah scholars and inviting rabbis to join the body.
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[[Image:Rabbi Hillel Weiss-s.jpg|left]]
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'''Rabbi Hillel Weiss'''  Professor of Jewish literature, in the Department of the Literature of the Jewish People in the Faculty of Jewish Studies in Bar Ilan University. He is an active member of Professors for a Strong Israel, working to advance Israel’s political and economic independence.
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==Legal Rulings & Opinions==
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* [[Psak 5767 Kislev 16|Concerning the arrest of Rabbi Yisrael Ariel for interrogation]]  16 Kislev 5766 (7 December 2006)
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* [[Psak 5767 Kislev 11|Comments and recommendations concerning the government's position on security matters, and its policy on the territorial integrity of the Land of Israel]] 12 Kislev 5766 (3 December 2006)
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* [[Psak 5767 Cheshvon 24|Decision concerning laws of warfare]] 24 Cheshvon, 5767 (15 Nov, 2006)
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* [[Psak 5767 Cheshvon 17|Legal decision concerning police officers who are called to perform their duties for the "Parade of Abomination"]] 17 Cheshvon, 5767 (8 Nov, 2006)
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* [[Psak 5767 Tishrei 3|Blowing the Shofer on Shabbat by a Beit Din of Semuchim]] 3 Tishrei, 5767 (25 Sep, 2006)
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* [[Psak 5766 Ellul 20|Concerning the Officer who ordered the expulsion of Jewish families, and preventing his being called to the Torah.]] 20 Ellul, 5766 (13 Sep, 2006)
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* [[Psak 5766 Av 9|The Prime Minister's abandonment of responsibility in the midst of battle]] 9 Av, 5766 (3 Aug, 2006)
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* [[Psak 5766 Tamuz 22|Supporting the war in Lebanon]] 22 Tamuz, 5766 (18 July, 2006)
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* [[Psak 5766 Sivan 24a|The Israeli court system: its persecution of Rabbinical authorities; and secularizing the Jewish state through granting of citizenship to foreign workers]] 24 Sivan, 5766 (20 June, 2006)
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* [[Psak 5766 Iyyar 6|Announcement concerning "Beit Shapira" in Hebron]] 6 Iyyar 5766 (4 May 2006)
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* [[Psak 5766 Shevat 5|Concerning the community of Amona]] 5 Shevat 5766 (3 February 2006)
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* [[Psak 5766 Shevat 3|Concerning Mitzpeh Shalhevet in Hebron]] 3 Shevat 5766 (1 February 2006)
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* [[Psak 5765 Ellul 9b|To the imprisoned daughters of Israel]] 9 Elul, 5765 (13 Sept 2005)
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* [[Psak 5765 Ellul 9a|Is it permitted to take advantage of the governments compensation plan for evacuees?]] 9 Elul, 5765 (13 Sept 2005)
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* [[Psak 5765 Adar I 26|Concerning the Disengagement from Gaza]] 26 Adar I 5765 (7 March 2005)
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==External Links==
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* [[Organization of the Nascent Sanhedrin|Organizational structure of the Sanhedrin]]
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The following links represent some initiatives to restore traditional Jewish government to the people of Israel. They are not in any way related or endorsed by the nascent Sanhedrin, but are often of interest to its English speaking visitors.
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* [http://www.acpr.org.il/ Ariel Center for Policy Research] (ACPR, pro-religious)
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* [http://www.foundation1.org/ Foundation for Constitutional Democracy] (FCD, Israeli gov critique, pro-religious)
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* [http://www.merkazmedini.org/ Israel Policy Center, Promoting Parliamentary Democracy] (IPC, Israeli gov critique, pro-religious)
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* [http://www.jcpa.org/ Jerusalem Center for Public Affairs] (JCPA, pro-religious)
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* [http://www.malchut-israel.org/lishka.htm Lishkat HaGazit] (School of Government, preparation for public office in Jewish Government)
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* [http://www.jewishisrael.org/ Manhigut Yehudit]  (The Jewish Leadership Movement)
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The following links are to the secular government which exercises civil authority in the majority of the Land of Israel
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* [http://www.mfa.gov.il/ The "Israeli" Government's Official Website]
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* [http://www.pmo.gov.il/ The Prime Minister's Office]
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* [http://www.gov.il/firstgov/english "Israeli" Government Portal]
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* [http://www.pmo.gov.il/ משרד ראש הממשלה]
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==References==
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<references />

Revision as of 09:21, 27 February 2008

BDNS.gif

The purpose of this court is to rule on disputes between citizens and the state. Chief Justice: Rabbi Yisrael Ariel (Rabbi Ariel also serves as the head of the Machon HaMikdash)

The historical government of the Jewish people involves a bicameral parliamentary system. This includes the Sanhedrin, a deliberative body similar to the upper house or chamber of a legislature, and an ordinary parallel lower house which represents the needs of the population.[1]

Today a Jewish "Congressional Assembly" in this form does not exist. Since 1948, there exists a socialist, secular government that exercises civil authority in the majority of the Land of Israel. Although this government is made up largely of Jews, it is increasingly distancing itself from its Jewish culture and religious heritage. It sees itself as a secular government of its citizens, and moves are being made to completely separate Religion and State by disenfranchising and defunding religious institutions. It has also embarked on a policy of appeasement, of international anti-Israel opinion and terror organizations, by large scale forced transfer of mostly religious Jewish population centers in a government policy called "turning inward".

In spite of these aggressive moves against various religious communities within the Land of Israel, the nascent Sanhedrin is interested in lobbying for reform within the existing government institutions, this court is dedicated to this effort.

In March 21, 2006, the nascent Sanhedrin declared that continued support of the Sanhedrin for the political and public institutions in the future is dependent on the actions of the elected officials to work towards the enactment of a Torah "Basic Law" [Constitution], in accordance which this formula: "Laws which are contrary to the laws of the Torah are not laws of the Jewish people, and therefore they are invalid. Any law which is contrary to the laws of Torah, legislated by the "Knesset" (including legislated amendments) or interpreted as such by judicial sources is a disqualified law. The authority to decide in these matters has been unconditionally expropriated by the central religious court based on the Torah (Bible) [the Sanhedrin]."

Relationship to the Nascent Sanhedrin

The Sanhedrin Initiative consists of the nascent Sanhedrin, four subcourts and more than a dozen committees.[2]

The "Special Court for Matters Concerning the Nation and the State" functions within the charter it has been given by the "Special Court for the Executive Oversight of the Sanhedrin", but it occasionally functions independently. Views expressed by this subcourts, in general, have not be reviewed by the nascent Sanhedrin and as such they carry only the authority that a regular Jewish court of law or committee would hold.

Besides its normal function, the "Special Court for Matters Concerning the Nation and the State" is expected to develop "expert legal opinions" and "legal briefs" that may be used at a future date when a full sanhedrin may decide on these issues. Until that time, their views do not necessarily reflect the binding decision of a Sanhedrin, or even the views of all the members of the Sanhedrin Initiative.

Leading Justices

Rabbi Yisrael Ariel-s.jpg

Rabbi Yisrael Ariel A former Yeshiva head and founder of the Machon Hamikdash. Rabbi Ariel was the Rosh Yeshiva and spiritual leader of Yamit. Rabbi Ariel is a scholar of great renown, and is also the author of many Hebrew works, including the highly acclaimed "Atlas of the Biblical Boundaries of the Land of Israel." He served in the paratrooper brigade which liberated the Western Wall in the Six Day War of 1967, and was one of the first soldiers to reach the Wall.

Rabbi Mordekhai Avrahami

Rabbi Yishai Ba'avad-s.jpg

Rabbi Yishai Ba'avad General Secretary of Rabbis of Yehudah and Shomeron regions.

Rabbi Dov Abraham Ben-Shorr-s.jpg

Rabbi Dov Avraham Ben-Shorr is the founder and dean of Beith David Yeshiva. He is an author, shohet, mohel, and sofer stam. Past articles by this author include "Removing the Labels, Finding Unity" and "A Tale of Two Camps". He was born in Cleveland, Ohio, lives with his family in the community of Ma´aleh (Pnei) Hever near Hebron.

Rabbi Meir Yaaqov Ha-Levi Haqaq

Rabbi Yishayahu Hollander-s.jpg

Rabbi Yeshayahu [Julius] HaKohen Hollander. Editor of a new publication of Talmud Bavli with Rashi embedded, previously he was a Ram in Yeshivat Hesder. He learned at Yeshiva Poneviz and Kollel Valozin, and merited to study under Rabbi Yitzhak Kolitz z"l, Chief Rabbi of Jerusalem. He holds a M.Sc. Theoretical Physics at Hebrew University and is a licensed Patent Attorney with twenty five years in industry. He was a general manager of Heled Educational Experiences and taught in Ricanati School for Economics at Tel Aviv University. Born in New York in 1937, came to Israel in 1948.

Rabbi Elitzur Segal

Rabbi Dov Meir Stein-s.jpg

Rabbi Dov Meir Stein Received semikha for the Rabbinut from Rav Sternberg of Edas Hareidi. A pioneer in the Sanhedrin's renewal for the last 20 years, he has been secretary of the Sanhedrin since its inception, dealing with logistical aspects as well as interacting with recognized Torah scholars and inviting rabbis to join the body.

Rabbi Hillel Weiss-s.jpg

Rabbi Hillel Weiss Professor of Jewish literature, in the Department of the Literature of the Jewish People in the Faculty of Jewish Studies in Bar Ilan University. He is an active member of Professors for a Strong Israel, working to advance Israel’s political and economic independence.

Legal Rulings & Opinions

External Links

The following links represent some initiatives to restore traditional Jewish government to the people of Israel. They are not in any way related or endorsed by the nascent Sanhedrin, but are often of interest to its English speaking visitors.

The following links are to the secular government which exercises civil authority in the majority of the Land of Israel

References

  1. See Organizational structure of the Sanhedrin
  2. [Organizational structure of the Nascent Sanhedrin http://www.thesanhedrin.org/en/main/organization.html]