Special Court for Matters Concerning the Nation and the State
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]."
Contents
Leading Justices
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 General Secretary of Rabbis of Yehudah and Shomeron regions. |
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 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 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
- Demand for the Immediate Cancellation of the Nuclear Deal with Iran (Tamuz 29, 5775, 16 July 2015)
- Demand for apology from the Vatican concerning their recognition of Palestine (Sivan 3, 5775, 21 May 2015)
- Release of Terrorists by Israeli Government (Elul 14, 5773, 20 August 2013)
- Month of reversals, when Jews vanquish their enemies [Israel] Supreme Court is more dangerous than Goldstone report (Adar 4, 5770, 18 February 2010)
- Visit of Sheikh Palazzi to the Knesset - hosted by MK Michael Ben-Ari (Teves 20, 5770, 6 January 2009)
- Zvia Sariel released today after false arrest (Teves 2, 5770, 19 December 2009)
- Rabbi Eliezer Melamed compared to those of the Maccabees (Teves 1, 5770, 18 December 2009)
- Mosque Arson: Attack on a House of Worship of the One G-d, Regardless of Circumstance, is to be Condemned (Kislev 26, 5770, 13 December 2009)
- Declaration of the Jewish Nation's sovereignty over Judea and Samaria, and Application of the principles of Torah (Kislev 5, 5770, 22 November 2009)
- Decision on the matter of Tzvia Sariel and accompanying decisions regarding arranging court hearings (Kislev 3, 5770, 20 November 2009)
- Concerning the book "Torat Malchut (Laws of Sovereignty) - Capital offenses between Israel and foreign nationals" (Cheshvan 30, 5770, 17 November 2009)
- Concerning the Inappropriate Police Search of the Girls from Ramat Migron (Cheshvan 28, 5770, 15 November 2009)
- Sanhedrin's Objection to the Regional Planning Outline for the City of Jerusalem (Cheshvan 24, 5770, 11 November 2009)
- Compensation for Rioters (Cheshvan 15, 5770, 2 November 2009)
- Sanhedrin message about Shimon Peres' visit to HaRav HaGaon Yosef Shalom Elyashiv shlit"a (24 Tishrei, 5770, 12 October 2009)
- Statement to the media of vigorous protest to the taking over of the public domain by Christian elements during the Succot holiday (14 Tishrei, 5770, 2 October 2009)
- Declaration of the Rabbis of Israel regarding the Convocations of Gentiles in Jerusalem on Succot-Tabernacles (13 Tishrei, 5770, 1 October 2009)
- Regarding the sale / rental of real estate to non-Jews in Israel at this time (Av 23, 5769, 13 August 2009)
- Concerning Minister of Defence Ehud Barak going to Washington (6 Tamuz 5769, 28 June 2009)
- Court ruling on the uprooting of "outposts" by the Israeli government (Sivan 5, 5769, 28 May 2009)
- Discussion of the strategic dangers, nuclear and its infrastructure (Iyyar 24 5769, 18 May 2009)
- National Conference on Imminent Threats to the Nation (Iyyar 24 5769, 18 May 2009)
- The insult of the Pope's visit to the Temple Mount on Lag Ba'Omer (Iyyar 18 5769, 12 May 2009)
- Letter of heads of state about the Pope's visit (4 Iyyar 5769, 29 March 2009)
- On the transfer of national, religious, and spiritual assets to foreign sovereignty (1 Nisan 5769, 26 March 2009)
- Declaration Concerning the Coming Elections (Shevat 17 5769, 11 February 2009)
- The Petition of Rananah (Larissa) Amir – the wife of prisoner Yigal Amir (22 Tevet 5769, 26 January 2009)
- Statement of the Sanhedrin’s Court regarding the "Peace House" (8 Kislev 5769, 5 December 2008)
- Submission of objections to the District Council of the Interior Ministry's outline plan for the city of Jerusalem (24 Tishrei 5769, 23 October 2008)
- Concerning the question of bring the remains of Tzaddikim, Rabbi Nahman of Breslov in particular, to the Holy Land (7 Ellul 5768, 7 September 2008)
- Private citizens do not have to wait for security forces when terrorists attack or suspected of attacking (13 Tamuz 5768, 17 July 2008)
- Responsibility of Torah Sages for the Pride Parade (16 Sivan 5768, 19 June 2008)
- Court ruling on the case of Rivka Meirchik (29 Iyyar 5768, 3 June 2008)
- Court order asking the respondent to release the petitioner immediately, arrest illegal (28 Iyyar 5768, 2 June 2008)
- Urgent request to cancel charges, and immediately release the accused (27 Iyyar 5768, 1 June 2008)
- The court ruled on two cases concerning the Chalmish brothers, Itzik and Dani, as well as Rivka Meirchik (23 Iyyar 5768, 28 May 2008)
- Urgent petition concerning the release of prisoners (27 Nisan 5768, 2 May 2008)
- Obligation to oppose the "gay march" (9 Nisan 5768, 14 April 2008)
- [Palestinian-Israeli] Prisoner Exchanges (9 Nisan 5768, 14 April 2008)
- Court ruling concerning Dani and Itzik Chalmish (4 Nisan 5768 8 April 2008)
- 'Let animals live' organization appeals against the Symposium on Korban Pesach (28 Adar II 5768, 4 April 2008)
- Clarification on the court ruling concerning Tzvia Sariel (10 Adar II 5768, 17 March 2008)
- Court Ruling concerning Tzvia Sariel (9 Adar II 5768, 16 March 2008)
- Expulsion of Jews from Hebron and strengthening the soldiers refused to comply (23 Av 5767, 7 August 2007)
- The conviction of Chaim Ramon the failure of the justice system! (13 Shevat 5767, 1 Feb 2007)
- Second Summons of the court to OC Central Command Major-General Yair Navehs (28 Tevet 5767, 18 Jan 2007)
- Call for public fasts, Demographic issues, Basic Law, and a conscious change concerning settling the Land of Israel. (28 Kislev 5767, 19 Dec 2006)
- Concerning the arrest of Rabbi Yisrael Ariel for interrogation (16 Kislev 5767, 7 Dec 2006)
- Justices of the Special Court for Matters Concerning the Nation and the State interrogated (28 Cheshvon 5767, 20 Nov 2006)
- Legal decision concerning police officers who are called to perform their duties for the "Parade of Abomination" (17 Cheshvon 5767, 8 Nov 2006)
- Summons of the court to OC Central Command Major-General Yair Naveh concerning his "administrative detention" orders (16 Cheshvon 5767, 7 Nov 2006)
- Announcement concerning the "Gay Pride Parade" in Jerusalem (9 Cheshvon 5767, 31 Oct 2006)
- Decision concerning redemption of captives (12 Tishrei 5767, 4 Oct 2006)
- Concerning the Officer who ordered the expulsion of Jewish families, and preventing his being called to the Torah. (20 Ellul 5766, 13 Sep 2006)
- Summary of decisions for the Sanhedrin's session during the month of Av (concerning the war) (14 Av 5766, 8 Aug 2006)
- 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 Jun 2006)
- Concerning recent Supreme Court's rulings (19 Iyyar 5766, 18 May 2006)
- Concerning the Supreme Court's application of the conclusions of the Tal Commission. (13 Iyyar 5766, 11 May 2006)
- Announcement concerning "Beit Shapira" in Hebron (6 Iyyar 5766, 4 May 2006)
- Concerning the upcoming State Elections (21 Adar 5766, 21 Mar 2006)
- The Authority of the Government depends on Jewish Law (5 Adar 5766, 5 Mar 2006)
- Concerning the community of Amona (5 Shevat 5766, 3 Feb 2006)
- Concerning Mitzpeh Shalhevet in Hebron (3 Shevat 5766, 1 Feb 2006)
- Concerning Human Rights, the rights of "Prisoner of Zion", Ofer Gamliel, his hunger strike, and the conspiring against such activists (9 Elul 5765, 13 Sep 2005)
- To the imprisoned daughters of Israel (9 Elul 5765, 13 Sep 2005)
- Is it permitted to take advantage of the governments compensation plan for evacuees? (9 Elul 5765, 13 Sep 2005)
- Concerning the Disengagement from Gaza (26 Adar I 5765, 7 Mar 2005)
Relationship to the Nascent Sanhedrin
The Developing Sanhedrin consists of the nascent Sanhedrin, several 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 in 2005 by the "Special Court for the Executive Oversight of the Sanhedrin", but it occasionally functions independently. Views expressed by these 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.
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.
- Ariel Center for Policy Research (ACPR, pro-religious)
- Foundation for Constitutional Democracy (FCD, Israeli gov critique, pro-religious)
- Israel Policy Center, Promoting Parliamentary Democracy (IPC, Israeli gov critique, pro-religious)
- Jerusalem Center for Public Affairs (JCPA, pro-religious)
- Lishkat HaGazit (School of Government, preparation for public office in Jewish Government)
- Manhigut Yehudit (The Jewish Leadership Movement)
The following links are to the secular government which exercises civil authority in the majority of the Land of Israel
- The "Israeli" Government's Official Website
- The Prime Minister's Office
- "Israeli" Government Portal
- משרד ראש הממשלה