In Parshat Shoftim (Dvarim 20:19-20) we learn about the
prohibition of “Bal Tashchit” not to destroy things for no reason:

If you besiege a city many days to wage war against it to capture
it, do not harm any of its trees by chopping it with an ax, because you eat
from it you are not to cut it down; For, is the tree of the field a person to
join the besieged to escape you? Only a tree that you know that it is not a
fruit tree may you harm or cut down; and you will build battlements against the
city that is waging war against you until it is conquered.

King David teaches in Tehillim 24:1:

The Lord owns the earth and all it contains, the world and all who
live in it.

Even property that we own ultimately belongs to God.

In the Talmud, Shabbat 105b Rabbi Shimon ben Elazar said in the
name of Chilfa Bar Agra who in turn said in the name of Yochanan ben Nuri:

If one tears his garments in his anger, breaks his utensils in his
anger, or scatters his money in his anger, he should be in your eyes as one who
is performing idolatry. For this is the craft of the evil inclination: Today it
tells him, “do this” until it tells him “perform idolatry” and he goes and
performs it.

The Rambam, Mishneh Torah, Hilchot Melachim (6:10) states:

This prohibition does not only apply to trees. Whoever breaks
utensils, tears garments, demolishes a building, stops up a well and willfully
destroys food violates the prohibition of “you shall not destroy…”

Since everything in the world is technically God’s property, we
have to be careful not to waste and certainly not destroy anything. Even if
someone can afford to misuse or damage their possessions, it is still
forbidden.

About ten years ago it became known that the clothing company,
Abercrombie and Fitch preferred to have their clothing burned at the end of the
season rather than give it to non-profit organizations to be donated to the
poor.

This is in contrast with most brands which would gladly donate
unused products to charity and help people in need as well as the planet.

Over the years, there have been successful fundraisers in New York
such as “Seventh on Sale” and “Fashion Rescue” where top designers such as
Calvin Klein, Ralph Lauren and Donna Karen donated merchandise and shoppers
were able to get amazing bargains while the profits went to charity as well as
AIDS research. It was a win on both sides, the merchandise didn’t go to waste
and needed funds were raised.

In Israel there is a similar sale in Tel Aviv each year called “Mitlabshot
al Zeh.” All of the products are donated by over 700 Israeli designers. Funds raised
help Tel Aviv’s Sexual Assault Crisis Center.

These designers understand the importance of helping others as
well as the fact that the planet belongs to all of us. Instead of doing
something destructive like dumping the clothing, they can do something
constructive, give people the opportunity to shop at bargain basement prices
and contribute to charity at the same time.

Instead of throwing something useful away, we should consider
where it can be used to make a difference.

Sponsored by Marc Futterman in memory of Stan Futterman on his
third yahrzeit

Since Israel is going back to the
voting booths soon, it is a good time to brush up on our knowledge of women’s
suffrage in Israel.

In Parshat Shoftim (Devarim
17:14-20) we learn about the laws of appointing of a king:

When you arrive in the
Land that Hashem, your God, is giving you, and inherit it and live in it, and
you will say, “Let me appoint a king over me, like all of the nations around
me.” Appoint are you to appoint over yourself a king (som tasim alecha melech)
whom Hashem , you God shall choose; from among your brothers shall you appoint
a king over yourself; you cannot place over yourself a foreigner who is not
your brother…   

Sifre (Midrash Halacha)
comments on the words “Som tasim alecha melech”- “Melech v’lo malka”, you shall
appoint a king and not a queen.

Rambam in Mishne Torah
Hilchot Melachim 1:5, Laws of Kings, explains that from this verse we learn
that we do not appoint a woman in kingship and to all public positions
in Israel, we appoint only a man.

Radbaz, Rabbi David b. Zimra, 16th
c. Egypt, Commentary on Mishne Torah asks how Rambam can assert that a woman cannot be appointed.
Devora was a prophetess who judged Israel! This is not a challenge, for she
taught them the laws. Alternatively, it was according to God’s command.

Chidushei HaRambam, Shevuot 30a
teaches:

In the Jerusalem Talmud, they said,
a woman does not testify and does not judge. And what of Devora: “she
judged Israel”? It means that she was a leader, like a queen, and that
according to her decision and counsel they conducted their affairs with each
other. And even though we say in the Sifre, ” ‘You shall place upon you a
king,’ a king and not a queen,” they conducted themselves as if she was a
queen. Alternatively, they accepted her words voluntarily.

In light of the teachings above,
would women be forbidden to vote or be elected for a political position?

According to Rav Ben
Zion Uziel (Mishpatei Uziel 44) 1920- Chief Sephardi Rabbi of Eretz
Yirael:

It is clear that even according to the Sifre, a woman may be accepted as
judge, that is, leader, and she may make decisions just as one can accept a
relative as judge. Therefore, in appointment by election, which is the public’s
acceptance of those elected as their representatives and leaders, the law is
that they can also elect women, even according to the positions of the Sifre
and the Rambam. And in the writings of the Rishonim in general no dissenting
opinion has been found.

A woman has an absolute right of participation in elections so that she be
bound by the collective obligation to obey the elected officials who govern the
nation.

A woman may also be elected to public office by the consent and ordinance of
the community.

Rabbi Mordechai Eliyahu, the Rishon
LeTziyon and former Chief Rabbi of Israel taught (Tehumin 7,1986 pg. 518-9):
The acceptance by Am Yisrael of Devora was due to her powers of
prophecy and as a special instruction of the time (hora’at sha’a) (following
the language of the Tosafot), but this is only in the case of leadership of an
entire people. However a “specific community, organization or town, can accept
upon them, in a majority decision, a woman as a head of a board,
administration, and so on.”

After the November 1917 Balfour Declaration, it was clear that the new
Yishuv would need to elect a political entity. That is when the question of
women’s suffrage arose. In June, 1918 the Second Constitutive Assembly passed a
compromise resolution that was gender neutral, according women full suffrage.
America only accorded women the right to vote in 1920 so Israel was at the head of the game!

As the elections in Israel are
approaching, it is important for all Israeli citizens who are eligible to
exercise their right to vote which should not be taken for granted.

Now the big question is which party
to vote for?

Sponsored by Sharona Halickman- Celebrating
17 years of Aliya!

In Parshat Shoftim (Dvarim 17:14-15) we learn about
the mitzvah of appointing a king:

When you arrive in the Land that HaShem, your God is
giving you and inherit it and live in it and you say, “Let me appoint over me a
king like all the nations around me.” Appoint are you to appoint over yourself
a king whom HaShem, your God will choose. From among your brothers are you to
appoint over yourself a king; you may not place over yourself a foreigner who
is not your brother.”

In the Talmud, Sanhedrin 20b, the Braita discusses
whether or not the nation of Israel is required to appoint a king over itself:

Rabbi Yehuda would say: The Nation of Israel was
commanded to perform three mitzvot upon their entrance into the Land of Israel:
To appoint upon themselves a king, to eradicate the offspring of Amalek and to
build the Beit HaBechira (the chosen house/ the Beit HaMikdash).

Rabbi Yosie says: But I do not know which of these
three mitzvot are to be performed first. When following the narrative of
Israel’s initial war with Amalek, the Torah states (Shmot 17:16) “Because God
has sworn by his throne that God will have war with Amalek from generation to
generation” I would say that since the verse mentions God’s throne, which
represents the Jewish king, and only then war with Amalek, the mitzvah to
appoint a king must be performed first.

The Braita then determines the proper place for the second
and third mitzvot:

I still don’t know if the commandment to build the
Beit HaBechira must be performed before or after the mitzvah to eradicate the
offspring of Amalek. When the verse that describes the conditions that will
prevail when Israel is to build the Temple states (Dvarim 12:10-11): “And when
he gives you respite from all your enemies…and it shall come to pass that the
place which your God shall choose…” I would say that since the verse first
mentions the elimination of Israel’s enemies, including Amalek and only then
the building of the Temple, the mitzvah to eradicate the offspring of Amalek
must be performed before the mitzvah to build the Temple.

From here we see that we are still far off from
building the Beit HaMikdah. Although we have a government in the Modern State
of Israel, we don’t have a king.

As far as obliterating Amalek, today we don’t know
which nation is which so there would be no way for us to fulfill this
commandment as Rabbi Yehoshua taught (Brachot 28a): Sancheriv, King of Ashur
long ago came up and confused all the nations (exiled the nations he conquered
and resettled them in different lands) as it says in Yishayahu 10:13: “I have
removed the boundaries of peoples and have plundered their treasures, I have
brought down dwellers in strongholds.”

Radbaz comments on the Rambam’s Mishneh Torah,
Hilchot Melachim 5:5 that the fulfillment of the command to obliterate Amalek
is deferred until the Messianic era.

Since we have not appointed a king and the Mashiach
is not here yet, at this stage, we are still not ready to move on to the third
category, the rebuilding of the Beit HaMikdash.

Dedicated in memory of my grandmother, Reva
Margolin z”l on her 24^th yahrzeit. Grandma Reva’s love of Torah study and
commitment to the State of Israel inspired us to found Torat Reva Yerushalayim
fifteen years ago.

In Parshat Shoftim, Dvarim 17:14-15 we are taught:

When you arrive in the land that HaShem, your God is giving you and
inherit it and live in it, and you say, “Let
me appoint over me a king like all the nations around me”; Appoint are you to
appoint over yourself a king whom HaShem, your God will choose. From among your
brothers are you to appoint over yourself a king; you may not place over
yourself a foreigner who is not your brother.

We see from here, that it is
permissible, possibly even obligatory to have a king under certain conditions.

If that is the case, then why was
Shmuel the prophet so hesitant to allow the nation to have a king? As we see in
Shmuel I, 8:4-6:

All the elders of Israel then
gathered together and came to Shmuel, to Ramah. They said to him, “You have
grown old, and your sons did not follow your ways. So now appoint for us a king
to judge us, like all the nations.” It was wrong in Shmuel’s eyes that they
said, “Give us a king to judge us,” and Shmuel prayed to HaShem.

Shmuel may have been hoping that his
sons would take over for him and was disappointed when it was made known that
they were unworthy.

Another reason could be that Shmuel
was not happy that they wanted a king “like all of the nations” as the Jewish
kings are very different from the non-Jewish kings. In Dvarim 17:16-20 we read
about all of the extra restrictions that God imposes on the king:

However, he must not acquire an abundance
of horses for himself so that he will not return the people to Egypt in order
to acquire an abundance of horses, because God told you, “You are not to
proceed to return along this route again.” And he is not to acquire an
abundance of wives for himself so that his heart will not veer; and silver and
gold he may not accumulate for himself in great abundance. It shall be, that
when he occupies the throne of his kingdom, he must write for himself a
duplicate of this Torah in a scroll form…That his pride not increase over his
brothers and he does not stray from the commandment right or left; so that the
days of his reign are lengthy over his kingdom, he and his sons within Israel.

In Sifrei, Dvarim 156:6, Rav Nehorai
brings up the issue that they requested a king because they wanted to be led to
idolatry.

Sforno explains:

God disapproved of the hereditary
type of monarchy such as is customary among the gentile nations, so that He
stipulated that if the people insisted on appointing a king who would start a
dynasty, the initial king had to be approved not only by the people but by
God’s representative on God’s behalf as we see in Shmuel I 8:18. The
restrictions in appointing the original king were designed to ensure that such
a king could not lead the people away from God’s Torah; on the contrary, they
are meant for the people to see in him a shining example of Torah- observance,
which in turn would inspire their own piety.

We see from here, that the problem
was not the fact that they wanted a king. After the period of the Shoftim,
Judges, where there was hardly any stable leadership, it makes sense that the
nation was looking for a strong leader, especially when they saw that Shmuel’s
children were not following in his footsteps. The problem was that they asked
for a king “like all of the nations.” That type of king could lead them astray.
If they are looking for a king who will follow the rules outlined in the Torah
and it is done in the proper place and at the proper time, it can actually be a
mitzvah to appoint him.

As we approach the elections in
Israel, let’s remember what makes a true leader and try to find candidates with
the qualities mentioned in the Torah. 

In Parshat Shoftim, Dvarim 19:8, we
read about the expansion of Israel’s borders during the final redemption:

When HaShem, your God, expands
(yarchiv) your borders, in accordance with his oath to your forefathers, and He
gives you the entire land that He promised to give to your forefathers…

The word “yarchiv”, expand, takes us
back to the story in Breisheet 26:19-22 of the well which Yitzchak named “Rechovot”,
Spacious:

Yitzchak’s servants dug in the
valley, and found there a well of spring water. The shepherds of Grar argued
with Yitzchak’s shepherds, saying, “The water is ours”. He named the well
“Esek” (quarrel) because they quarreled with him. They dug another well, and
they also argued about it: and he named it “Sitna” (obstruction). He moved away
from there and dug another well; and there was no argument over it: He named it
Rechovot (Spacious); and he said: Now God has made room for us and we will be
fruitful in the Land.

Ramban explains why the Torah goes
to great lengths to tell the story of the wells:

There is a hidden matter contained
in this incident, for it comes to inform us of a future event. A “well of water”
is a hint to the Beit HaMikdash (Temple) which the descendents of Yitzchak will
build. This is why it mentions “a well of spring water” as it says in Yirmiyahu
17:13 “God, the source of fresh water.” Yitzchak called the first well Esek (Quarrel)
which alludes to the First Temple, over which our enemies quarreled with us,
engaging us in many conflicts and wars until they destroyed it.

Yitzchak called the second well
Sitna (Obstruction) a harsher name than the first one to allude to the Second Temple
which is called by that very name, as it is written (Ezra 4:1) “During the
reign of Achashverosh at the beginning of his reign they wrote a hateful
accusation (sitna) against those who dwelled in Yehuda and Yerushalayim” and
all its days the enemies were hateful to us until they destroyed it and we went
into a terrible exile from it.

Ramban concludes: Yitzchak called
the third well Rechovot (Spacious) as an allusion to the Third Temple, may it
be rebuilt speedily in our days. It will be built without conflict and without
dispute and God will expand our borders as it says (Dvarim 19:8) “When HaShem
your God expands your borders” which speaks of a future time. And concerning
the Third Temple it is written (Yechezkel 41:7) “It broadened (u’rechava) and
expanded upward. The verse ends with the words “and can be fruitful in the Land”
alluding to the fact that in the future (Zepahania 3:9) “all of the nations
will serve God with a single resolve.”

Rashi comments that “When HaShem,
your God expands your borders in accordance with the oath of your forefathers…”
(Dvarim 19:8) refers to God’s promise to Avram in Parshat Lech Lecha,  Breisheet 15:18-21: “On that day God made a
covenant with Avram, saying: ‘To your descendents I have given this land, from
the river of Egypt as far as the great river, the Euphrates. The lands of the Kenites,
Kenizites, Kadmonites, the Chitites, Perizites, the Refaim, the Emorites,
Cnaanites, Girgashites and Yevusites.

Rashi points out that there are ten
nations listed here, yet God us only the land of the Seven nations. The three
whose lands were not given, Keini, Knizi, Kadmoni (Edom, Moav and Amon) are
destined to be possessed in the future, after the coming of the mashiach as it
says in Yishayahu11:14: “They will overpower Edom and Moav and the Amonites
will obey them.”

We see from here that in the days of
the Third Temple, the borders of Israel will expand. In the meantime, there is
still plenty of room within our current borders for Jews from around the world who
would like to make aliya now, rather than wait for the arrival of the mashiach.

Sponsored by the Halickman family in honor of the upcoming wedding
of Rivi Weisman and Alec Kholodenko

In Parshat Shoftim (Dvarim 19:14) we
read: “Do not move a boundary of your neighbor, which the early ones marked out
in your inheritance, which  you shall
inherit in the Land that HaShem, your God gives you to possess it.”

Why do we need to be told “Lo tasig
gvul re’echa”, “Do not move a boundary”- Isn’t it obvious that by moving our
boundary we would be stealing land from the neighbor’s property? Shouldn’t that
already be covered in “Lo Tigzol”, “Do not steal” (Vaikra 19:13)?

Rashi explains that a person who
overturns his neighbor’s boundary violates both of these negative commandments.

Does this also apply outside of the
Land of Israel?

Rashi states that if you overturn
your neighbor’s boundary in the Land of Israel then you violate two
commandments. But outside of Israel, you only violate the commandment of “Do
not steal.”

According to Ramban, this verse is a
warning against changing the boundaries of the division by which the nesiim
(princes) appointed the Land to the tribes or to any individual among them. Therefore,
he mentioned the “early ones” (Yehoshua, Eleazar and the tribal leaders) and
mentioned “in your inheritance, which you shall inherit…” The reason for this
commandment is that no one should contemplate to say, “My portion which they
gave me is not as valuable as the portion on my friend, because the dividers
erred,” or he may feel suspicious of the lots, thus he will not consider the
removal of the boundary marker to be robbery at all. Therefore it is commanded
here that no one should controvert that division and he may not make any change
in the boundaries, either secretly or openly.

Ibn Ezra adds that although moving
boundaries may not sound like such a big deal, it can lead to arguments,
fighting and even murder.

We see that by moving boundaries,
one violates two commandments and may even be endanger their life. Do we need
any more proof that it should not be done?

In Parshat Shoftim, Dvarim 18:9-13
we are clearly commanded: “When you come to the land which the Lord your God
gives you, do not learn to perpetrate the abominations of those nations. There
must not be found among you anyone who passes his son or daughter through fire,
or that uses divination, a soothsayer, or an enchanter or a witch or a snake
charmer or one who inquires of Ov or Yidoni or a necromancer (one who consults
the dead). For all that do these things are an abomination to God…”

After Shmuel the prophet died, in
Shmuel I 28:3, King Saul banished the necromancers and Yidoni-diviners from the
land.

King Saul banished them as he was worried
that since Shmuel did not yet have a clear cut successor, some may want to make
contact with him through forbidden means to inquire about the future. King Saul
himself was worried, as the Philistines mobilized for war and he no longer had Shmuel
the prophet to consult with.

In Shmuel I 28:6-7 we read: “Saul
inquired (vayishal) of God, but God did not answer him; neither in a dream, nor
through the Urim v’Tumim nor through the prophets. So Saul said to his
servants, ‘Seek out a woman who practices necromancy and I will go to her and
inquire through her.’ His servants said to him, ‘Behold, there is a woman who
practices necromancy in En-Dor.’”

King Saul was desperate and therefore
disguised himself so that nobody, including the necromancer would know who he
was. At first she didn’t want to help him (as she was afraid that she would get
in trouble with the king) but he swore that she would not get into trouble.

The woman raised up Shmuel the
prophet from the dead and Shmuel told King Saul: God is giving his support to
David who will be the new king, you are being punished for not killing off all
of the nation of Amalek, tomorrow you and your sons will be killed and the
Philistines will win the war.

Why would King Saul think that it
was ok to consult a necromancer when he himself banished them?

According to Or HaChayim, King Saul
mistakenly thought that going to a necromancer would be permitted since he was
not answered by God directly. This shows that kings also make mistakes and pay
for them.

Abravanel explains that Saul
inquired (sha’al) of God, but in Divrei HaYamim I 10:14 he is condemned for not
seeking out God (velo darsh b’Hashem). Although he inquired, when God did not
answer, he should have tried to seek Him out rather than rush to a necromancer.

As we begin the month of Elul which
leads us into the High Holidays, we must remember that it is not enough to
inquire of God, we must persevere and seek Him out as it says in Yishayahu 55:6
“Dirshu HaShem b’himatzo”, “Seek the Lord while He may be found, call upon Him
while He is near”.

In Parshat Shoftim (Dvarim 20:19-20)
we read:

If you besiege a city many days to
wage war against it to capture it, do not harm any of its trees by chopping it
with an ax, because you eat from it you are not to cut it down; For, is the
tree of the field a person to join the besieged to escape you? Only a tree that
you know that it is not a fruit tree may you harm or cut down; and you will
build battlements against the city that is waging war against you until it is
conquered.

According to Ibn Ezra, human life is
dependent on the tree of the field for food.

The same way that we are not allowed
to take away a person’s work tools (even in the case of security for a debt) since
by not having their tools they would no longer be able to make a living, so too
we are not allowed to cut down a fruit tree for no reason as we are dependent
upon the tree for our nutrition.

In the Talmud, Bava Kama 91b, we
learn that when it is necessary to cut down trees, the non-fruit trees should
be cut down before the fruit trees.

There are situations when fruit
trees can be cut down for example if the tree is more valuable for its wood
than for its fruits, if the tree is detrimental to its surroundings (damaging
other more valuable trees) or if it occupies space that is needed.

The fact that there are discussions
about the importance of the trees in both the Torah and the Talmud teaches us
that Judaism has always been focused on protecting the environment. By taking
care of our surroundings we are in turn also making this world a better place
for us to live.

According to Ramban, we should keep
a positive attitude even at a time of war. We must trust in God and not
unnecessarily destroy the trees. If we are able to protect the trees, not only
will we be taking care of the environment but if we are victorious we will have
food to eat and a beautiful place to live with nature still intact. 

In Parshat Shoftim,
Devarim 20:1-4 we read: “When you go to war against your enemy, and you see
horse and chariot, people who outnumber you; do not be afraid of them, for God
is with you, He who brought you up from the land of Egypt.
Now, as you near the battle the Kohen shall approach and speak to the people.
He will say to them, “Shma (Hear) Yisrael! You are setting out today to battle
against your enemies. Do not be faint hearted; or intimidated and do not panic,
do not be crushed before them; Because HaShem your God marches with you to do
battle for you with your enemies to save you.”

The first Mishna in Sotah, Chapter 8 explains that the Kohen
must address the nation in Hebrew.

Devarim 20:3 specifically states “You are setting out today
to battle against your enemies” to differentiate between a war against other
nations and a war against your brothers (civil war). When you fight against
your enemies they will have no mercy on you so you need not show mercy for
them. When you are fighting against your brothers, they will be compassionate
even when they are your opponents.

When you are fighting against your mortal enemies, if you
fall into their hands, they will show you no mercy.

The soldiers must be fully focused on fighting the war.

The warriors are commanded to not be afraid, but rather to
trust in God.

Ramban (Devarim 20:4) states that Israel must put their faith in God,
not in the strength and skill of their arms.

We see this clearly in the story of David and Goliath.
Goliath was fully armed and David wasn’t yet David was able to kill Goliath
with just a sling shot.

We learn from this Mishna that it is extremely important to
speak in Hebrew. Even soldiers who recently made aliya pick the Hebrew language
up quickly when they join the army since they are forced to as that is the
language which is spoken.

We have to remember that we can’t have mercy on those who do
not value our lives or their own lives. If they are sending rockets into our
cities then there will be consequences. If they are in a rush to kidnap and
kill our soldiers then we have to take the necessary precautions to protect
ourselves.

The Israeli soldiers that went into Gaza were fully focused on destroying the
tunnels and defeating our enemies.

Israelis who would not necessarily consider themselves
religious including newscasters repeated over and over throughout the war that
the entire nation needs to pray for peace.

We see from here that we are still encountering the same
issues during wartime that we encountered during the time of the Torah, Mishna
and Talmud.

The message is still the same and is included at the end of
the prayer for the welfare of the members of the Israel Defense Force- “Ki
HaShem Elokechem haholech imchem lehilachem lachem im oyveychem lehoshiya
etchem”, “Because HaShem your God marches with you to do battle for you with
your enemies to save you.”

Sponsored by Sharona & Josh Halickman in Honor of
Binyamin Kunstler’s Bar Mitzvah

In Parshat Shoftim , Devarim 16:18-20 we read: “Judges and
officers shall you appoint in all of your gates, which HaShem your God shall
give you, throughout your tribes; and they shall judge the people with just
judgment…Justice, justice shall you follow that you may inherit the Land which
HaShem your God gives you.”

According to Sefer HaChinuch: “This is one of the mitzvot
imposed on the entire community in any and every location. If the members of a
community are suitable to establish a beit din (court of law) among themselves
and they have not established it for themselves, they have disobeyed this
positive mitzvah and the punishment is severe indeed since this mitzvah is a
mighty pillar in the maintenance of the religious system of law.”

Today in Israel,
there are regional religious courts which primarily deal with cases of marriage
and divorce set up in the major cities in Israel
as well as the Rabbinical Court of Appeals in Jerusalem. Right now there are not enough
dayanim (judges) to go around. So although technically there are courts in all
of the major cities, they are not all able to function on a daily basis which
means that many cases are being held up.

Some of the dayanim (from the group of nine that are needed
in Jerusalem)
are ill or ready to retire so temporary replacements have been found to cover
for them in the mean time. The only problem is that the temporary dayanim who
are covering in Jerusalem are dayanim who are
being taken away from their jobs in other cities in order to cover in Jerusalem. Their
appointments are actually causing more harm than good as they can only be in Jerusalem two days a week
so that they can continue working in their regular communities the other three
days.

The Chief Rabbis who have a lot of different
responsibilities outside the Rabbinical courts each only work in the Rabbinical
courts one day a week. This is hardly enough time to get enough dayanim
together to attend to the 45,000 cases that have been put on hold.

Each divorce hearing that is postponed or canceled due to
lack of dayanim is like the destruction of an entire world. People want to move
on with their lives and it can be years for their case to even be heard. This
needs to be corrected immediately with the appointment of new dayanim.

When new dayanim are finally appointed, will they represent
the population? Will they be from the Dati-Leumi (National-Religious) world or
will they be from the Charedi world? As of now, with the way that the
government is set up it is unfortunately looking like Aryeh Deri (Charedi) will
end up choosing the dayanim since as of now Naftali Benett and his party,
HaBayit HaYehudi (who should be representing the National-Religious population)
are concerned with other issues and are letting this fall through the cracks.

Why is it a problem if the majority of dayanim are Charedim?

The Charedi dayanim are often overly strict, especially in
areas such as custody. There are cases where women had custody of their
children taken away from them, even though they are good mothers because they
are not “Charedi enough”. If the father wants the children to grow up in a
Charedi home, even if he has been proven to be abusive the Rabbinical courts
will often give the father custody to ensure that the children live a Charedi
lifestyle. This needs to change.

In addition, many Charedim don’t even use the Rabbinical
courts of the State of Israel and instead prefer to use their own private
Rabbinical courts. The dayanim of the state run religious courts really should
reflect the population that they are dealing with.

By having Rabbinic courts that are barely running (unlike
the secular courts where nobody would stand for this kind of behavior) the
mitzvah of “Judges and officers shall you appoint in all of your gates” is not
being fulfilled. If the court is not in session, it can’t really be considered
a functioning court.

We must do what we can to ensure that “Justice, justice
shall you follow that you may inherit the Land which HaShem your God gives
you.”