Many have assumed that a halachic state is the same as a religious state. I have repeatedly said that there is a difference between the two, especially the fact that the term "religious" does not belong in the Jewish lexicon. It was borrowed from Christianity. In Judaism, halacha recognizes that not all people can achieve the highest level of observance in all things at all times. Therefore, there is the presumption that there are going to be people who are not observant at all and those who are extra-observant within the framework of halacha.
The difference between a halachic state and a religious state is that in a halachic state the government is structured and operated according to Torah. In a religious state the government attempts to impose its interpretation of Torah on the populace. A religious government would not tolerate people who don't want to be observant, a halachic state can. A religious government will have a centralized enforcement while a halachic state does not need to have a centralized enforcement in order to be halachic. Every society has laws on the books that have never been enforced. In a halachic state the Beit Din HaGadol decides what laws will be centrally enforced and what laws will be left up to the different municipalities (communities). For example, people who want to drive on Shabbat could go and live in a municipality where such a law is not enforced and vice versa. The idea here is that HaShem ?shall turn the heart of the fathers to the children and the heart of the children to their fathers.? (Malachi 4:6) within the framework of halacha. In other words, people can become more observant within the framework of halacha rather than outside, if they so chose.
Others have expressed concern about the immutability of halacha. Of course, halacha is immutable as long as there is no living Beit Din Hagadol, which does have authority to make halacha fluid and flexible from generation to generation. It is imperative that we understand that Israel is not the galut (Diaspora). Practically all halachot established the past 2000 years have been developed within the context of galut and without the benefit of a Beit Din HaGadol. A halachic state will have a basic universal Judaism that de-emphasizes our territorial and sub-cultural preferences that divide us as Jews. There are some halachot that have evolved simply because they were minhagim embraced by a galut community for long enough. Such halachot may not be pertinent in Israel today. Other halachot make it difficult for a Devorah to emerge as a leader, teacher and head of state today within the framework of existing halachot. This is a task that a competent Beit Din HaGadol can readily engage and accomplish. The state would have its universal halacha, but those who want to adhere to their specific traditions in their communities from whatever part of the galut may do so. The Sages have left us a treasure of halacha from which to draw a universal halacha uniquely Israeli in which other sub-cultural enclaves can thrive with their own unique traditions.
The constitution itself will contain all 613 elements of Torah. Some will be expressed as the declaration itself others will be part of the bill of rights and others will be part of the codicil. The Beit Din Hagadol will consist of a senate and a supreme court. A lower house is optional, but not necessary. Senators are elected based on some districting and the supreme court is appointed based on character, proficiency in both Torah and foreign law and other disciplines pertinent to the efficient governance of the state. The Beit Din HaGadol does have the authority to amend halacha and develop new halachot as the situation deems it necessary. The Beit Din Hagadol will be the pinnacle of an appellate system of courts beginning with community and municipal courts. Law enforcement is left to local jurisdictions.
The executive branch will consist of a prime minister and cabinet and a monarch with advisers. The prime minister and cabinet basically run the country. The monarch has specific halachic duties including being a Torah scholar and tie breaker in legislative deadlocks. The monarch will have certain veto powers such as pardons, but, most importantly, he is not partisan and provides continuity where there are swings in national sentiments. He also represents the nation abroad and speaks for Am Yisrael, not the ruling party. In some ways he is similar to a cross between the British monarch and a president. Being that a descendant of King David has not yet been identified, this position will be either left vacant or filled by a regent until its rightful claimant emerges. This sounds presumptive of the Meshiach, but that is not the intent. It is an issue of legitimacy as a state.
There is no other law on the planet that will make our claim to the land legitimate besides the covenant of Torah. We cannot argue to the world that Torah is the basis for our claim to the land when we are not even observing it as a nation. It will not change the minds of the Arabs, but there are many people, Christians and Moslems alike, who know what is contained in our Torah. They may send us suicide bombers and kill us, but they will know that we are standing on a moral principle that is currently not clear in the eyes of the world. Even Moslems look better in the eyes of the world because they are following their own laws, we are not. Our claim to Eretz Yisrael is based in law. But that law is Torah. The Balfour Declaration and UN resolution for the creation of Israel only gave teeth to an already existing mandate of our right to that land. Without a halachic state, we do not have a legitimate claim to Eretz Yisrael.
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Moshe Yisraeli is a promulgator of Jewish thought in modern times. He is making aliyah and can be reached at mosheyisraeli@yahoo.com.
The difference between a halachic state and a religious state is that in a halachic state the government is structured and operated according to Torah. In a religious state the government attempts to impose its interpretation of Torah on the populace. A religious government would not tolerate people who don't want to be observant, a halachic state can. A religious government will have a centralized enforcement while a halachic state does not need to have a centralized enforcement in order to be halachic. Every society has laws on the books that have never been enforced. In a halachic state the Beit Din HaGadol decides what laws will be centrally enforced and what laws will be left up to the different municipalities (communities). For example, people who want to drive on Shabbat could go and live in a municipality where such a law is not enforced and vice versa. The idea here is that HaShem ?shall turn the heart of the fathers to the children and the heart of the children to their fathers.? (Malachi 4:6) within the framework of halacha. In other words, people can become more observant within the framework of halacha rather than outside, if they so chose.
Others have expressed concern about the immutability of halacha. Of course, halacha is immutable as long as there is no living Beit Din Hagadol, which does have authority to make halacha fluid and flexible from generation to generation. It is imperative that we understand that Israel is not the galut (Diaspora). Practically all halachot established the past 2000 years have been developed within the context of galut and without the benefit of a Beit Din HaGadol. A halachic state will have a basic universal Judaism that de-emphasizes our territorial and sub-cultural preferences that divide us as Jews. There are some halachot that have evolved simply because they were minhagim embraced by a galut community for long enough. Such halachot may not be pertinent in Israel today. Other halachot make it difficult for a Devorah to emerge as a leader, teacher and head of state today within the framework of existing halachot. This is a task that a competent Beit Din HaGadol can readily engage and accomplish. The state would have its universal halacha, but those who want to adhere to their specific traditions in their communities from whatever part of the galut may do so. The Sages have left us a treasure of halacha from which to draw a universal halacha uniquely Israeli in which other sub-cultural enclaves can thrive with their own unique traditions.
The constitution itself will contain all 613 elements of Torah. Some will be expressed as the declaration itself others will be part of the bill of rights and others will be part of the codicil. The Beit Din Hagadol will consist of a senate and a supreme court. A lower house is optional, but not necessary. Senators are elected based on some districting and the supreme court is appointed based on character, proficiency in both Torah and foreign law and other disciplines pertinent to the efficient governance of the state. The Beit Din HaGadol does have the authority to amend halacha and develop new halachot as the situation deems it necessary. The Beit Din Hagadol will be the pinnacle of an appellate system of courts beginning with community and municipal courts. Law enforcement is left to local jurisdictions.
The executive branch will consist of a prime minister and cabinet and a monarch with advisers. The prime minister and cabinet basically run the country. The monarch has specific halachic duties including being a Torah scholar and tie breaker in legislative deadlocks. The monarch will have certain veto powers such as pardons, but, most importantly, he is not partisan and provides continuity where there are swings in national sentiments. He also represents the nation abroad and speaks for Am Yisrael, not the ruling party. In some ways he is similar to a cross between the British monarch and a president. Being that a descendant of King David has not yet been identified, this position will be either left vacant or filled by a regent until its rightful claimant emerges. This sounds presumptive of the Meshiach, but that is not the intent. It is an issue of legitimacy as a state.
There is no other law on the planet that will make our claim to the land legitimate besides the covenant of Torah. We cannot argue to the world that Torah is the basis for our claim to the land when we are not even observing it as a nation. It will not change the minds of the Arabs, but there are many people, Christians and Moslems alike, who know what is contained in our Torah. They may send us suicide bombers and kill us, but they will know that we are standing on a moral principle that is currently not clear in the eyes of the world. Even Moslems look better in the eyes of the world because they are following their own laws, we are not. Our claim to Eretz Yisrael is based in law. But that law is Torah. The Balfour Declaration and UN resolution for the creation of Israel only gave teeth to an already existing mandate of our right to that land. Without a halachic state, we do not have a legitimate claim to Eretz Yisrael.
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Moshe Yisraeli is a promulgator of Jewish thought in modern times. He is making aliyah and can be reached at mosheyisraeli@yahoo.com.