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![]() Shabbat Parashat Toldot 5784Igrot Hare’aya – Letters of Rav Kook: Making Sure There Will Be a Din Torah – #176 – part IDate and Place: Yafo, 1 Kislev 5669 (1908) Recipient: Zev Gluskin, the head of Carmel Wine and the Organization of Wine Producers. This letter is a follow-up of letter #173, in which Rav Kook appealed to Mr. Gluskin to use his influence so that certain people would agree to submit their dispute to adjudication according to Torah law. Mr. Gluskin responded in a manner that Rav Kook was unhappy with, as will become evident. Apparently, there was a dispute regarding inheritance, in which a daughter, who had more need for the money than her brothers, did not want to submit to Torah law, which gives inheritance to sons and not daughters (albeit often with a need for the sons to use some of the inheritance for their sisters’ needs). Body: Just now, I received your respected letter, in which the spirit of the regal love for truth of a dear soul can be felt. However, I must once again request you to internalize that no system of justice in the world can ever fulfill all the demands that every individual can make of it. The rules of justice, like the laws of nature, apply broadly, which is what makes them praiseworthy and powerful. When the sun shines powerfully, it will not hold back its good light and heat from all [those who benefit from it] because it beats down at times on the head of some living thing, whether it be animal or human. The prayers of travelers are not admitted before Hashem at a time that everyone requires beneficial rain (Yoma 52b). The only thing we can demand of judges is to have sufficient expertise in their field (i.e., the relevant laws that are the basis for the adjudication) and impeccable integrity, without any inclination toward favoritism and bribes of any form, Heaven forbid. Beyond that, it is us who must be ready to accept their judgment, if we desire to maintain our communal life, as opposed to weak and wilting life, and as opposed to the life of others (i.e., non-Jewish systems of justice), which do not present us with anything other than destruction and decay. Woe onto us if we treat lightly the attacking of the lofty sanctum of the halls of justice, even if he “adorns” himself with the values of mercy and extra-judicial integrity. You should know that this “attribute of mercy,” which wants to take the inheritance from the son who received it according to the laws of the Torah, because of mercy on the daughter, can be taken further. Following this logic, we should claim the resources of the wealthy out of mercy on the destitute who rely on handouts. Woe unto the world if we have such “mercy,” which is, in fact, the mother of all cruelty and abomination! The claim [presumably found in Mr. Gluskin’s letter] of the superficial knowledge of the ways of the world is not unique to our religious courts. Experts in a spiritual field cannot also absorb all the practical information that impacts a case. However, good rabbis and dayanim should never be suspected of refusing to seek counsel from experts when they lack sufficient knowledge in a “matter of the world.” Obviously, the experts should provide only the missing information, as opposed to the whole “judicial apparatus,” which should return to its place, the hall of judgment. It is wrong to forget the advantage we have [over other judicial systems], as we can be proud that we have righteous laws and statutes, because they emerge from He Who is Alive Forever and from His unblemished Torah. For our purposes, it suffices that we just treat our judicial ways like those of other systems. We should feel pride in our judicial system at least as people feel pride for our language and our spiritual resources. Dear gentlemen, do not attack the sanctity of justice, for justice belongs to Hashem. We continue from here next time. ![]() ![]() ![]() |
![]() More articles from this issue: We daven for a complete and speedy refuah for: Nir Rephael ben Rachel Bracha Arye Yitzchak ben Geula Miriam Neta bat Malka Meira bat Esther Together with all cholei Yisrael
to the memory of: for our homeland Prof. Yisrael Aharoni z"l Kislev 14, 5783 Rav Shlomo Merzel z”l
Mr. Shmuel & Esther Shemesh z"l Sivan 17 / Av 20 Mr. Moshe Wasserzug z"l Tishrei 20 ,5781 R' Eliyahu Carmel z"l Rav Carmel's father Iyar 8 ,5776 Mrs. Sara Wengrowsky bat R’ Moshe Zev a”h. Tamuz 10 ,5774 Rav Asher & Susan Wasserteil z"l R' Meir ben Yechezkel Shraga Brachfeld z"l & Mrs. Sara Brachfeld z"l Tevet 16 ,5780 R 'Yaakov ben Abraham & Aisha and Chana bat Yaish & Simcha Sebbag, z"l Rav Yisrael Rozen z"l Rav Benzion Grossman z"l R' Abraham & Gita Klein z"l Iyar 18, /5779Av 4 Rav Moshe Zvi (Milton) Polin z"l R' Yitzchak Zev Tarshansky z"l Adar 28, 5781 Nina Moinester z"l Nechama Osna bat Yitzhak Aharon & Doba Av 30, 5781 Rabbi Dr. Jerry Hochbaum z"l Adar II 17, 5782 Mrs. Julia Koschitzky z"l Adar II 18, 5782 Mrs. Leah Meyer z"l Nisan 27, 5782 Mr. Shmuel & Rivka Brandman z"l Tevet 16 5783/ Iyar 8, 5781 Hemdat Yamim |