Israeli Rabbis Criticize Secular Courts for Undermining Jewish Law and National Security

Israeli rabbis and Torah scholars emphasize the necessity for judges to be Jewish and rule according to Jewish law, arguing that secular courts in Israel are considered "courts of the nations" and should not adjudicate Jewish matters. They cite traditional sources, including the Torah and Maimonides, which prohibit judging disputes before non-Jewish courts, even if those courts sometimes apply Jewish law. This stance is supported by prominent rabbis such as Isaac Herzog, Zvi Pesach Frank, and Ovadia Yosef, who warn that reliance on secular courts damages the Jewish identity of the state and its legal system.

The article acknowledges that the secular Israeli legal system, rooted in Ottoman and British law and developed through modern democratic experience, was adopted because there was no prepared infrastructure or consensus to implement a Torah-based legal system suitable for contemporary society. However, it criticizes the secular courts for being disconnected from Jewish values and systematically harming the nation’s rights, land, and identity.

The rabbis argue that the secular courts have also negatively impacted Israel’s security, citing numerous Supreme Court rulings over the past three years that have restricted the Israel Defense Forces’ (IDF) operational capabilities. Examples include banning certain interrogation methods, limiting detention procedures for terrorists, ordering the removal of security barriers, and preventing the demolition of terrorists’ homes. These decisions, they claim, have weakened deterrence and contributed to security failures.

Furthermore, the courts have undermined the Jewish character of the state by equating Hebrew with Arabic as official languages, blocking anti-Zionist parties from disqualification, and interfering with government policies on African migrants and Arab family reunifications. The article calls for Torah scholars and legal experts to deeply study Jewish law and evaluate modern legal systems to reform Israel’s laws in line with Jewish values.

In conclusion, the rabbis warn that the secular legal system’s alienation from Jewish law threatens Israel’s national security and Jewish identity, urging a return to Torah-based adjudication to safeguard the state’s future.