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Jewish Law Takes Precedence Over Israeli LawComments
Rubbish! Guaranteed by WHAT???? The Declaration of Independence ALSO "guaranteed" a CONSTITUTION by October 1948, and the "Basic Law" remains ignored, un-taught, and un-enforced. Posted by: Tamar on December 20, 2004 08:14 PM
Ah. So true, Tamar...Still, it's a glimmer of hope - especially the presence of 250 Torah and secular trained jurists...such events are like candles in the dark for me and all of us. I wonder if Paul E. will comment by article soon...I'd like to hear his take - as he'd be first to second your points! Posted by: Tiburon on December 20, 2004 11:56 PM
I have a french Jew staying at my house right now...(Along with a Hindi)...she is shocked at the "non-jewishness" of my country. America [The USA] is Christian-----Saudia is Muslim, and we are the LAND OF THE JEWS. Even if we are all killed....this remains, THE LAND OF THE JEWS!
Posted by: Tamar on December 21, 2004 04:21 AM
As a Zionist Christian of some Hebraic ancestry, I returned to the US recently from Israel after attending the Feast of Tabernacles held at the Christian Embassy. While there, I saw a conglomeration of Jews from all persuasions and all levels of Jewishness--atheist to orthodox. It reminds me of America. One of American's leaders gave this remark "United we stand, divided we fall." This is what will happen here as well as Israel. Unity is the key to strength. How is this obtained with this comglomeration? Each has a reason to believe or not to believe. One thing I saw while there is the nature of the Jew to stand for this right and be 'stiff-necked' until the death. But, God. . . He brought us back and He will purge us from the uncleanness that we have brought into this nation. He did not stand for idolotry and uncleanness then and He won't now. If we can embrace our Hebraic roots--the faith of Abraham, Isaac and Jacob, and listen to the 'Angel' that goes before us, we will have the unity and strength of our God. Posted by: Kadeah Wade on December 30, 2004 12:04 PM Post a comment |
Jewish Law Takes Precedence Over Israeli Law
Journalist David Bedein told Arutz-7, "It was fantastic to see 250 people, most of them lawyers and most of them very knowledgeable in Judaism, discussing the definition of an illegal order and concluding with a consensus that one must not adhere to such an order. They brought many examples from our sources, such as King Saul's order to kill the Priests of Nov, where it was clear that an illegal order of this nature must not be carried out."
Among the lecturers were Supreme Court Justice Elyakim Rubenstein and former IDF Chief Prosecutor Menachem Finkelstein. Bedein noted that the speakers refrained from giving specific examples, such as the disengagement/expulsion currently on the public agenda: "They spoke of the general responsibility of a soldier in the field who receives an illegal order. The soldier has the responsibility to decide on his own; he is not just a robot who must fulfill orders, but must rather use his own judgment. This was something that everyone agreed on: the responsibility of the individual to consider the situation and use his own judgment."
"They did not bring specific examples," Bedein noted, "such as the evacuation plan, nor something that I consider even more grave, Clause 5 of the disengagement plan which calls upon Israel to train terrorist security forces in Gaza; helping an enemy in time of war would seem to be a clearly illegal order. In addition, the transfer plan calls upon soldiers to abandon property, including synagogues, to the enemy. None of these examples were mentioned; the intention was only to teach the general principles. I'm sure that if there is a Part II dealing with practical issues, which I anticipate will happen soon, these examples will be brought up."
The seminar, entitled, "The Fulfillment of Illegal Orders," was organized by Israel's "Jewish Law Heritage" movement. The organization bemoans the fact that the British Mandatory laws became the "default" laws of the State upon its establishment, instead of Jewish Law. It tracks progress in this area, however, and notes examples of cases where Jewish Law provides inspiration for state law, or actually becomes the law.
There was a consensus among the speakers that according to both modern Israeli law and Jewish law, a law that contradicts Jewish law need not be adhered to, as freedom of religion is guaranteed in both the Declaration of Independence and the Basic Laws. Another point widely made was that a Jewish king is not allowed to give orders to violate the Torah.
One leading lecturer with great military-legal experience reminded the audience that a military order to desecrate the Sabbath for a non-combat purpose is a clearly illegal order that must not be fulfilled. Justice Rubenstein expressed the hope that indictments would not be served, if at all possible, against soldiers who refuse orders based on their religious beliefs. He lamented the fact that most of Israel's judges don't use Jewish Jurisprudence in their rulings, due to lack of knowledge and lack of desire.
INN.com correspondent Ruti Avraham reports that it was noted that though a soldier must fulfill orders, he will not be punished for not doing so if their illegality is "perfectly clear to him." On the other hand, if the order is "blatantly illegal," he is forbidden to carry it out.
Posted by Ted Belman at December 20, 2004 06:52 PM