Psak 5766 Shevat 5 - Revision history

Binyomin at 18:51, 6 August 2023

2023-08-06T18:51:13Z

Glevy25 at 11:40, 19 November 2009

2009-11-19T11:40:31Z

Glevy25: /* The Fire of the Maccabees */

2009-11-19T11:40:15Z

‎The Fire of the Maccabees

Glevy25: /* A Person Makes Judgment for Himself */

2009-11-19T11:26:31Z

‎A Person Makes Judgment for Himself

Glevy25: /* A Time to Love, a Time to Hate */

2009-11-19T11:14:31Z

‎A Time to Love, a Time to Hate

Glevy25: /* To Help G-d Against the Mighty */

2009-11-19T11:06:06Z

‎To Help G-d Against the Mighty

Glevy25: /* To Help G-d Against the Mighty */

2009-11-19T11:02:48Z

‎To Help G-d Against the Mighty

Glevy25: /* Personal Responsibility */

2009-11-19T10:54:38Z

‎Personal Responsibility

Glevy25 at 10:48, 19 November 2009

2009-11-19T10:48:40Z

Glevy25 at 10:47, 19 November 2009

2009-11-19T10:47:11Z

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 [[Image:BDNS.gif]]<br>
 <big>Special Court for Matters Concerning the Nation and the State</big><br>
-Tel: 02-5661962, cell 050-6733831, fax: 057-7976007<br>
+Secretary: Rabbi Amnon Hever Tel: 054-9400909 b.d.hartzion@gmail.com<br>
 </center>

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 <center>
 <big>'''Concerning the community of Amona'''</big>
 '''To the Residents of Amona - and to fighters for the Land of Israel'''
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 [[Category:Legal rulings and opinions to date]]
 [[Category:Special Court for Matters Concerning the Nation and the State]]
 [[he:פסק תשס"ו שבט ה']]

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 ==The Fire of the Maccabees==
-Those who struggle for the wholeness of the Land, don't let your hearts falter! Do not fear and falter before the soldiers and police who beat with staves! Do not fear from the neighing of the police horses! Do not fear the "judges" who sit on lofty chairs whose decisions defy the Torah! Opposite the rulers who declare to uproot the Jews and their communities, and o uproot the Torah of Israel and her commandments - Arise and go out, to the help of HaShem against the mighty men! For in the end, the Torah of Israel will be victorious!
+The struggle against the government that alienates Jews, does not stand in contradiction to the relation of a person in Israel to the state.  The state is the State of the Jews, and the Jewish State belongs to all those who follow the path of Abraham, father of the Israeli nation, and his sons after him, those who continue in the way of the Torah of Moses from Sinai.  The Jewish Nation will never agree to surrender to the authority of the wicked, regardless of who it is.  We are not just struggling for the land, but also the character of the state as our state - a state according to Torah!
-To the rulers and their agents that have declared war on the Nation of Israel, on the Torah of Israel and on the Land of Israel, it is said,
+In light of the above, all representatives of government will know that whomever comes to uproot Torah and commandments from Israel will encounter a fortified wall.  The fire which was ignited in the mountain of Amona is the fire of Judah the Maccabee, who fought against the Greeks and the Hellenists, and who sacrificed his life, and died in the fields of Amona, in order to set up a state in the Land of Israel based on Torah.
 "Those depend on chariots, and those on horses, but we call forth in the Name of HaShem, our G-d. They are bowed down and fallen, but we are uplifted and made to stand upright. HaShem saves, the King answers on the day we call." "Let us go up and inherit it, for we are well able to overcome it."
 It is signed:
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 Justice R' Hillel Weiss<br>
 Justice R' Eleazor Seigel<br>
-Justice R' Yisai Bavad
+Justice R' Yishai Bavad
 Click [[:he:פסק תשס"ו שבט ה'|here to see the Hebrew version]]

← Older revision		Revision as of 11:26, 19 November 2009
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	==A Person Makes Judgment for Himself==		==A Person Makes Judgment for Himself==
		+	<b>Question:</b> If the authorities have destroyed a person's home in contradiction to halacha, is that person required to come to peace with the evilness of the decree, for indeed it is halacha that a person should not raise his hand against his fellow, or does he have the right to resist?
		+
		+	<b>Answer:</b> Praiseworthy is the soldier who protects the borders of the state and the security of Israel, his reward is surely great. However, he must know, that every order which contradicts the Torah of Israel is null and void. Also emissaries of the state, including soldiers and police officers, have no immunity per the laws of Torah. That is to say: If he is doing a commandment, he is given all the authority to fulfill his order, but if he is transgressing, he is judged as the transgressor in every way.
		+
		+	The right to defense of a person over his home and property is a basic right anchored in verses of Torah. More than this, the Torah allows the owner of a home to prevent the entry of someone breaking in to his home, even if it requires the use of force, as brought by the Rambam in the Laws of Theft (9:7). And he added that the right to respond with force is given to every person who comes to help the owner of the house. In effect, a person who sees his friend in trouble and did not help and did not save him has transgressed the prohibition "do not stand upon your fellow's blood" (This law is alive and well even in the laws of the Gentiles in all of the cultured world) Therefore, a soldier who breaks in to the house of a person, even if he received an order for this, is like any other burglar.
		+
		+	Thus, the Torah allowed a person in Israel to make judgment for himself, like, when a person comes upon the one that has stolen from him, "he can beat him until he leaves him". And thus it is an obligation for a person to prevent his friend - and also from a soldier - to violate a prohibition of the Torah, and likewise, when he sees a person beating his friend - he is permitted to beat the one beating his friend in order to help his friend. The halacha forbids a person in Israel to raise a hand on his friend, therefore, the expression: "It is forbidden to raise a hand against a police officer" is proper, as long as the police officer observes the commandments of Torah and justice. Not so when the police officer is a partner to a matter of transgression, and an act of burglary and destruction. And thus we have found in the words of our sages, that even Joab, minister of the army of Israel, expected to absorb the rain of stones from his soldiers when they saw him transgress on a prohibition.
		+
	==The Fire of the Maccabees==		==The Fire of the Maccabees==

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 ==A Time to Love, a Time to Hate==
 ==A Person Makes Judgment for Himself==
 ==The Fire of the Maccabees==

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 ==To Help G-d Against the Mighty==
-In regard to public leaders: rabbis, judges, heads of yeshivas, and anyone who has the ability to protest, behold they are commanded to come out to their brethren's aide, no one is exempt.  Thus declared Debora the Prophetess in her prophesy on "Maroz" - one of the leaders of Israel in that generation: (Judges 5:23):  Be cursed, Maroz, says the messenger of G-d!"  That is to say that one that stands opposite and puts a hand to his mouth when Israel are in trouble, a curse is upon him, G-d forbid, because they did not come to help G-d against the mighty (Moed Katan 16a).  Thus also the leaders and the residents of Israel and its settlements, standing opposite and not coming to aide, they are included in the curse (See the Bible commentators there).
+In regard to public leaders: rabbis, judges, heads of yeshivas, and anyone who has the ability to protest, behold they are commanded to come out to their brethren's aide, no one is exempt.  Thus declared Deborah the Prophetess in her prophesy on "Maroz" - one of the leaders of Israel in that generation: (Judges 5:23):  Be cursed, Maroz, says the messenger of G-d!"  That is to say that one that stands opposite and puts a hand to his mouth when Israel are in trouble, a curse is upon him, G-d forbid, because they did not come to help G-d against the mighty (Moed Katan 16a).  Thus also the leaders and the residents of Israel and its settlements, standing opposite and not coming to aide, they are included in the curse (See the Bible commentators there).
-To the residents of Amona and all those that came to help G-d against the mighty, it is said: You are protectors of the law of Torah in the Jewish state! You hold the ark of G-d!  When you went up to the mountain, you fought the illegal government, according to Torah!  You fought those that broke the law of Torah!  Not just to help the nation you went out, but also to help G-d!  And like in the words of our sages in Sifrei Bamidbar 84: Anyone that helps Israel, it is if he helps the One who spoke and the world came in to being, as it is said: Be cursed, Maroz, says the messenger of G-d, be cursed, accursed residents, for you haven't come to help G-d, to the help of G-d against the mighty!"
+To the residents of Amona and all those that came to help G-d against the mighty, it is said: You are protectors of the law of Torah in the Jewish state! You hold the ark of G-d!  When you went up to the mountain, you fought the illegal government, according to Torah!  You fought those that broke the law of Torah!  Not just to help the nation you went out, but also to help G-d!  And like in the words of our sages in Sifrei Bamidbar 84: Anyone that helps Israel, it is if he helps the One who spoke and the world came in to being, as it is said: Be cursed, Maroz, says the messenger of G-d, be cursed, accursed residents thereof, for you haven't come to help G-d, to the help of G-d against the mighty!"
 ==A Time to Love, a Time to Hate==

← Older revision		Revision as of 10:48, 19 November 2009
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	==Personal Responsibility==		==Personal Responsibility==
		+	==To Help G-d Against the Mighty==
		+	==A Time to Love, a Time to Hate==
		+	==A Person Makes Judgment for Himself==
		+	==The Fire of the Maccabees==

	Those who struggle for the wholeness of the Land, don't let your hearts falter! Do not fear and falter before the soldiers and police who beat with staves! Do not fear from the neighing of the police horses! Do not fear the "judges" who sit on lofty chairs whose decisions defy the Torah! Opposite the rulers who declare to uproot the Jews and their communities, and o uproot the Torah of Israel and her commandments - Arise and go out, to the help of HaShem against the mighty men! For in the end, the Torah of Israel will be victorious!		Those who struggle for the wholeness of the Land, don't let your hearts falter! Do not fear and falter before the soldiers and police who beat with staves! Do not fear from the neighing of the police horses! Do not fear the "judges" who sit on lofty chairs whose decisions defy the Torah! Opposite the rulers who declare to uproot the Jews and their communities, and o uproot the Torah of Israel and her commandments - Arise and go out, to the help of HaShem against the mighty men! For in the end, the Torah of Israel will be victorious!

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 The place where you are dwelling is holy land! According to Jewish tradition, in this place Abraham, father of the Israeli nation, was given the divine command to hold on to the Land of Israel (Genesis 13), as it is written: "Raise, please, your eyes and see from the place that you are at, northward, southward, eastward, and westward... rise up and walk throughout the land, to its length and width, for to you I have given it".  One that comes to uproot you from this place comes to uproot, together with the houses, the divine command which obligating to inherit the land and to dwell in it, and other additional commandments in the Torah of Moses.
-The commandment to settle the Land of Israel is a great ''Mitswah'', commandment, of the Torah, that we were commanded to fulfill through ''Mesirath Nephesh'', the offering of our very soul. Happy (fulfilled) are you, and happy are all those that came to your aid, and offered their very being to prevent the destruction of the communities' homes through the force of arms. Our sages have already stated (Shabbat 130a,): "Every ''mitsvah'' that Israel offered her being towards its fulfill ... will be fulfilled through their hands." In the merit of your ''mesirath nephesh'' even Amona will be built up and blossom along with all the settlements of the Land of Israel throughout her borders.
+The commandment of settling the Land of Israel is an important commandment of Torah, which we were commanded to do amidst self sacrifice.  Praiseworthy are you, and all those which volunteered to come to your aide, and sacrificed of themselves to prevent the destruction of the houses of the community by brute force.  Our sages have already stated (Shabbat 130:1) : "Any commandment upon which Israel sacrificed... survived in their hands", in the merit of your self sacrifice, even Amona will be settled and built and will flower together with the rest of the communities of the Land of Israel in the full width of her borders.
-: :
+==Conspiracy of the Wicked==
 Those who struggle for the wholeness of the Land, don't let your hearts falter! Do not fear and falter before the soldiers and police who beat with staves! Do not fear from the neighing of the police horses! Do not fear the "judges" who sit on lofty chairs whose decisions defy the Torah! Opposite the rulers who declare to uproot the Jews and their communities, and o uproot the Torah of Israel and her commandments - Arise and go out, to the help of HaShem against the mighty men! For in the end, the Torah of Israel will be victorious!