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{{short description|Jewish state governed by halakha}}
{{short description|Jewish state governed by halakha}}
A '''halachic/halakhic state''' ({{lang-he|{{Script/Hebrew|מְדִינַת הֲלָכָה}}}} {{Transliteration|he|Medīnat Hălāḵā}}) is a [[Jewish state]] that endorses [[Judaism]] in an official capacity and derives most or all aspects of governance from ''[[halakha]]''.<ref name="jpost.com">{{cite web|url=https://www.jpost.com/Features/Religious-Affairs-Whos-afraid-of-a-halachic-state|title=Religious Affairs: Who's afraid of a halachic state?|work=[[The Jerusalem Post]]|last=Wagner|first=Matthew|date=10 December 2009|access-date=3 March 2019}}</ref>
A '''halachic state'''{{efn|Also spelled "halakhic".}} ({{langx|he|{{Script/Hebrew|מְדִינַת הֲלָכָה}}}} {{Transliteration|he|Medīnat Hălāḵā}}) is a [[Jewish state]] that endorses [[Judaism]] in an official capacity and derives most or all aspects of governance from ''[[halakha]]'' (Jewish [[religious law]]).<ref name="jpost.com">{{cite web|url=https://www.jpost.com/Features/Religious-Affairs-Whos-afraid-of-a-halachic-state|title=Religious Affairs: Who's afraid of a halachic state?|work=[[The Jerusalem Post]]|last=Wagner|first=Matthew|date=10 December 2009|access-date=3 March 2019}}</ref>


== Public opinion ==
== Public opinion ==
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|width=320px
|width=320px
|bars=
|bars=
{{bar percent 2|'''All Israeli Jews'''|Yes|green|76|No|blue|36}}
{{bar percent 2|'''All Israeli Jews'''|Yes|green|76|No|blue|20}}
{{bar percent 2|Haredi <small>(ultra-orthodox)</small>|Yes|green|58|No|blue|36}}
{{bar percent 2|Haredi <small>("ultra-Orthodox")</small>|Yes|green|58|No|blue|36}}
{{bar percent 2|Dati <small>(orthodox)</small>|Yes|green|79|No|blue|17}}
{{bar percent 2|Dati <small>(Orthodox)</small>|Yes|green|79|No|blue|17}}
{{bar percent 2|Masorti <small>(traditional)</small>|Yes|green|80|No|blue|15}}
{{bar percent 2|Masorti <small>(traditional)</small>|Yes|green|80|No|blue|15}}
{{bar percent 2|Hiloni <small>(secular)</small>|Yes|green|76|No|blue|21}}
{{bar percent 2|Hiloni <small>(secular)</small>|Yes|green|76|No|blue|21}}
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|bars=
|bars=
{{bar percent 2|'''All Israeli Jews'''|Democracy|green|62|Halakha|blue|24}}
{{bar percent 2|'''All Israeli Jews'''|Democracy|green|62|Halakha|blue|24}}
{{bar percent 2|Haredi <small>(ultra-orthodox)</small>|Democracy|green|3|Halakha|blue|89}}
{{bar percent 2|Haredi <small>("ultra-Orthodox")</small>|Democracy|green|3|Halakha|blue|89}}
{{bar percent 2|Dati <small>(orthodox)</small>|Democracy|green|11|Halakha|blue|65}}
{{bar percent 2|Dati <small>(Orthodox)</small>|Democracy|green|11|Halakha|blue|65}}
{{bar percent 2|Masorti <small>(traditional)</small>|Democracy|green|56|Halakha|blue|23}}
{{bar percent 2|Masorti <small>(traditional)</small>|Democracy|green|56|Halakha|blue|23}}
{{bar percent 2|Hiloni <small>(secular)</small>|Democracy|green|89|Halakha|blue|1}}
{{bar percent 2|Hiloni <small>(secular)</small>|Democracy|green|89|Halakha|blue|1}}
|caption=% of Israeli Jews who say halakha (religious law) or democratic principles should be given preference if there is a contradiction between the two (Pew 2016).<ref name="Pew 2016"/>
|caption=% of Israeli Jews who say halakha (religious law) or democratic principles should be given preference if there is a contradiction between the two (Pew 2016).<ref name="Pew 2016"/>
}}
}}
An opinion poll released in March 2016 by the [[Pew Research Center]] found high support for a halachic state among religious [[Israeli Jews]]. The poll found that 86% of Israeli [[Haredi Judaism|Haredi Jews]] and 69% of non-Haredi religious Jews support making halakha Israel's legal code while 57% of traditional Jews and 90% of secular Jews oppose such a move.<ref>{{cite news|url=https://www.ynetnews.com/articles/0,7340,L-4775861,00.html|title=Major poll: About half of Israeli Jews want to expel Arabs|date=3 September 2016|work=[[Ynetnews]]|access-date=3 March 2019|last=Eichner|first=Itamar}}</ref> At the time, the [[Haredi Judaism|Haredim]] constituted 8% of all Israelis, the [[Religious Zionism|Dati]] (orthodox Jews) 10%, the [[Masortim|Masorti]] (traditional Jews) 23%, and the [[Hiloni]] (secular Jews) 40%.<ref name="Pew 2016"/> There was a majority agreement amongst all Israeli Jewish groups that [[Israel]] could be both a [[Jewish and democratic state]].<ref name="Pew 2016"/> When asked whether they would prefer democratic principles or halakha (religious law) if the two were ever in conflict, 62% of all Israeli Jews combined favoured democratic principles; however, preference for halakha was very high amongst the Haredim (89%), while very low amongst secular Jews (1%).<ref name="Pew 2016"/>
An opinion poll released in March 2016 by the [[Pew Research Center]] found high support for a halachic state among religious [[Israeli Jews]]. The poll found that 86% of Israeli [[Haredi Judaism|Haredi Jews]] and 69% of non-Haredi Orthodox Jews support making halakha Israel's legal code, while 57% of traditional Jews and 90% of secular Jews oppose such a move.<ref>{{cite news|url=https://www.ynetnews.com/articles/0,7340,L-4775861,00.html|title=Major poll: About half of Israeli Jews want to expel Arabs|date=3 September 2016|work=[[Ynetnews]]|access-date=3 March 2019|last=Eichner|first=Itamar}}</ref> At the time, the [[Haredi Judaism|Haredim]] constituted 8% of all Israelis, the [[Religious Zionism|Dati]] (Orthodox Jews) 10%, the [[Masortim|Masorti]] (traditional Jews) 23%, and the [[Hiloni]] (secular Jews) 40%.<ref name="Pew 2016"/> There was a majority agreement amongst all Israeli Jewish groups that [[Israel]] could be both a [[Jewish and democratic state]].<ref name="Pew 2016"/> When asked whether they would prefer democratic principles or halakha (religious law) if the two were ever in conflict, 62% of all Israeli Jews combined favoured democratic principles; however, preference for halakha was very high amongst the Haredim (89%), while very low amongst secular Jews (1%).<ref name="Pew 2016"/>


== Support of Jewish religious leaders ==
== Support of Jewish religious leaders ==
Line 35: Line 35:


== Support of Knesset members and Israeli justices ==
== Support of Knesset members and Israeli justices ==
{{Conservatism in Israel}}
In 2009, Justice Minister [[Yaakov Neeman]] stated that "step by step, Torah law will become the binding law in the State of Israel. We have to reinstate the traditions of our forefathers, the teaching of the rabbis of the ages, because these offer a solution to all the issues we are dealing with today". He later retracted his statement.<ref name="jpost.com"/> According to 2002 [[Israel Prize]] winner [[Nahum Rakover]], who received the [[Yakir Yerushalayim]] prize for his research on the use of Jewish law in the legal system,<ref>{{cite web|url=https://www.jpost.com/Israel/Twelve-given-Worthy-of-Jerusalem-award|title=Twelve given 'Worthy of Jerusalem' award|work=[[The Jerusalem Post]]|date=13 May 2010|access-date=3 March 2019|first=Abe|last=Selig}}</ref> Neeman's opinion was nothing new. He said that the idea is supported in the Foundations of Law Act, passed in 1980, which encourages judges to use Jewish law in their decisions. [[Yitzhak Kahan]], former president of the [[Israeli Supreme Court]], recommended that Jewish law be implemented even in cases of an existing precedent, although his opinion was not accepted and former justice ministers [[Shmuel Tamir]] and [[Moshe Nissim]] advocated teaching judges and lawyers Jewish law to provide them with the necessary knowledge to implement the law.<ref name="jpost.com"/>
In 2009, Justice Minister [[Yaakov Neeman]] stated that "step by step, Torah law will become the binding law in the State of Israel. We have to reinstate the traditions of our forefathers, the teaching of the rabbis of the ages, because these offer a solution to all the issues we are dealing with today". He later retracted his statement.<ref name="jpost.com"/> According to 2002 [[Israel Prize]] winner [[Nahum Rakover]], who received the [[Yakir Yerushalayim]] prize for his research on the use of Jewish law in the legal system,<ref>{{cite web|url=https://www.jpost.com/Israel/Twelve-given-Worthy-of-Jerusalem-award|title=Twelve given 'Worthy of Jerusalem' award|work=[[The Jerusalem Post]]|date=13 May 2010|access-date=3 March 2019|first=Abe|last=Selig}}</ref> Neeman's opinion was nothing new. He said that the idea is supported in the Foundations of Law Act, passed in 1980, which encourages judges to use Jewish law in their decisions. [[Yitzhak Kahan]], former president of the [[Israeli Supreme Court]], recommended that Jewish law be implemented even in cases of an existing precedent, although his opinion was not accepted, and former justice ministers [[Shmuel Tamir]] and [[Moshe Nissim]] advocated teaching judges and lawyers Jewish law to provide them with the necessary knowledge to implement the law.<ref name="jpost.com"/>


In June 2019, [[Tkuma (political party)|Tkuma]] leader [[Bezalel Smotrich]] campaigned for the [[Ministry of Justice (Israel)|Ministry of Justice]], saying that he sought the portfolio to "restore the Torah justice system".<ref>{{cite news|title=Smotrich says he wants to be justice minister so Israel can follow Torah law|url=https://www.timesofisrael.com/smotrich-says-he-wants-justice-ministry-so-israel-can-follow-torah-law/|access-date=5 June 2019|work=[[The Times of Israel]]}}</ref> Prime Minister [[Benjamin Netanyahu]] distanced himself from the comments, and appointed openly gay MK [[Amir Ohana]] to the post.<ref>{{cite news|title=Netanyahu appoints Amir Ohana justice minister, first openly gay cabinet member|url=https://www.timesofisrael.com/netanyahu-appoints-loyalist-amir-ohana-as-justice-minister/|access-date=5 June 2019|work=[[The Times of Israel]]}}</ref>
In June 2019, [[Tkuma (political party)|Tkuma]] leader [[Bezalel Smotrich]] campaigned for the [[Ministry of Justice (Israel)|Ministry of Justice]], saying that he sought the portfolio to "restore the Torah justice system".<ref>{{cite news|title=Smotrich says he wants to be justice minister so Israel can follow Torah law|url=https://www.timesofisrael.com/smotrich-says-he-wants-justice-ministry-so-israel-can-follow-torah-law/|access-date=5 June 2019|work=[[The Times of Israel]]}}</ref> Prime Minister [[Benjamin Netanyahu]] distanced himself from the comments, and appointed openly gay MK [[Amir Ohana]] to the post.<ref>{{cite news|title=Netanyahu appoints Amir Ohana justice minister, first openly gay cabinet member|url=https://www.timesofisrael.com/netanyahu-appoints-loyalist-amir-ohana-as-justice-minister/|access-date=5 June 2019|work=[[The Times of Israel]]}}</ref>
Line 42: Line 43:


== National identity bill ==
== National identity bill ==
In 2014, Israel's cabinet advanced the [[Basic Law: Israel as the Nation-State of the Jewish People|Nation-State Bill]], which would define Israel as "the nation-state of the Jewish people" and also said that Jewish law would be a "source of inspiration" for the Knesset. This was seen by some non-Orthodox Jews as a step toward enforcing Orthodox ''halakha'' as the law of the land.<ref>{{cite web|url=https://www.haaretz.com/.premium-israel-s-nation-state-bill-and-its-enemies-1.5335522|title=Ultra-Orthodox and Reform Jews Share Distaste for Nation-state Bill|first=Yair|last=Ettinger|date=25 November 2014|work=[[Haaretz]]|access-date=3 March 2019}}</ref> However, the final version of the law did not include this proposed clause.
In 2014, Israel's cabinet advanced the [[Basic Law: Israel as the Nation-State of the Jewish People|Nation-State Bill]], which defined Israel as "the nation-state of the Jewish people" and also said that Jewish law would be a "source of inspiration" for the Knesset. This was seen by some non-Orthodox Jews as a step toward enforcing Orthodox ''halakha'' as the law of the land.<ref>{{cite web|url=https://www.haaretz.com/.premium-israel-s-nation-state-bill-and-its-enemies-1.5335522|title=Ultra-Orthodox and Reform Jews Share Distaste for Nation-state Bill|first=Yair|last=Ettinger|date=25 November 2014|work=[[Haaretz]]|access-date=3 March 2019}}</ref> However, the final version of the law did not include this proposed clause.


== See also ==
== See also ==
Line 50: Line 51:
* [[State of Judea]], a proposed Halakhic state in the Israeli-occupied West Bank
* [[State of Judea]], a proposed Halakhic state in the Israeli-occupied West Bank
* [[Theocracy]]
* [[Theocracy]]

==Notes==
{{Notelist}}


== References ==
== References ==

Latest revision as of 22:19, 31 October 2024

A halachic state[a] (Hebrew: מְדִינַת הֲלָכָה Medīnat Hălāḵā) is a Jewish state that endorses Judaism in an official capacity and derives most or all aspects of governance from halakha (Jewish religious law).[1]

Public opinion

[edit]
Can Israel both be a democracy and a Jewish state?
All Israeli Jews Yes
  
76%
No
  
20%
Haredi ("ultra-Orthodox") Yes
  
58%
No
  
36%
Dati (Orthodox) Yes
  
79%
No
  
17%
Masorti (traditional) Yes
  
80%
No
  
15%
Hiloni (secular) Yes
  
76%
No
  
21%
% of Israeli Jews who say Israel can be both a democracy and a Jewish state (Pew 2016).[2]
Should halakha or democratic principles precede?
All Israeli Jews Democracy
  
62%
Halakha
  
24%
Haredi ("ultra-Orthodox") Democracy
  
3%
Halakha
  
89%
Dati (Orthodox) Democracy
  
11%
Halakha
  
65%
Masorti (traditional) Democracy
  
56%
Halakha
  
23%
Hiloni (secular) Democracy
  
89%
Halakha
  
1%
% of Israeli Jews who say halakha (religious law) or democratic principles should be given preference if there is a contradiction between the two (Pew 2016).[2]

An opinion poll released in March 2016 by the Pew Research Center found high support for a halachic state among religious Israeli Jews. The poll found that 86% of Israeli Haredi Jews and 69% of non-Haredi Orthodox Jews support making halakha Israel's legal code, while 57% of traditional Jews and 90% of secular Jews oppose such a move.[3] At the time, the Haredim constituted 8% of all Israelis, the Dati (Orthodox Jews) 10%, the Masorti (traditional Jews) 23%, and the Hiloni (secular Jews) 40%.[2] There was a majority agreement amongst all Israeli Jewish groups that Israel could be both a Jewish and democratic state.[2] When asked whether they would prefer democratic principles or halakha (religious law) if the two were ever in conflict, 62% of all Israeli Jews combined favoured democratic principles; however, preference for halakha was very high amongst the Haredim (89%), while very low amongst secular Jews (1%).[2]

Support of Jewish religious leaders

[edit]

Menachem Mendel Schneerson advocated the transformation of Israel into a halachic state even before the Messiah comes.[4]

Support of Knesset members and Israeli justices

[edit]

In 2009, Justice Minister Yaakov Neeman stated that "step by step, Torah law will become the binding law in the State of Israel. We have to reinstate the traditions of our forefathers, the teaching of the rabbis of the ages, because these offer a solution to all the issues we are dealing with today". He later retracted his statement.[1] According to 2002 Israel Prize winner Nahum Rakover, who received the Yakir Yerushalayim prize for his research on the use of Jewish law in the legal system,[5] Neeman's opinion was nothing new. He said that the idea is supported in the Foundations of Law Act, passed in 1980, which encourages judges to use Jewish law in their decisions. Yitzhak Kahan, former president of the Israeli Supreme Court, recommended that Jewish law be implemented even in cases of an existing precedent, although his opinion was not accepted, and former justice ministers Shmuel Tamir and Moshe Nissim advocated teaching judges and lawyers Jewish law to provide them with the necessary knowledge to implement the law.[1]

In June 2019, Tkuma leader Bezalel Smotrich campaigned for the Ministry of Justice, saying that he sought the portfolio to "restore the Torah justice system".[6] Prime Minister Benjamin Netanyahu distanced himself from the comments, and appointed openly gay MK Amir Ohana to the post.[7]

In August 2019, Smotrich stated: "We [Orthodox Jews] all would want the State of Israel to be run according to the Torah and Jewish law, it's just that we can't because there are people who think differently from us, and we have to get along with them."[8][9][10]

National identity bill

[edit]

In 2014, Israel's cabinet advanced the Nation-State Bill, which defined Israel as "the nation-state of the Jewish people" and also said that Jewish law would be a "source of inspiration" for the Knesset. This was seen by some non-Orthodox Jews as a step toward enforcing Orthodox halakha as the law of the land.[11] However, the final version of the law did not include this proposed clause.

See also

[edit]

Notes

[edit]
  1. ^ Also spelled "halakhic".

References

[edit]
  1. ^ a b c Wagner, Matthew (10 December 2009). "Religious Affairs: Who's afraid of a halachic state?". The Jerusalem Post. Retrieved 3 March 2019.
  2. ^ a b c d e "Israel's Religiously Divided Society". Pew Research Center. 8 March 2016. Retrieved 21 May 2021.
  3. ^ Eichner, Itamar (3 September 2016). "Major poll: About half of Israeli Jews want to expel Arabs". Ynetnews. Retrieved 3 March 2019.
  4. ^ "Ariel Sharon and The Rebbe". JewishMedia. January 12, 2014. Archived from the original on 2021-12-14. Retrieved April 15, 2021.
  5. ^ Selig, Abe (13 May 2010). "Twelve given 'Worthy of Jerusalem' award". The Jerusalem Post. Retrieved 3 March 2019.
  6. ^ "Smotrich says he wants to be justice minister so Israel can follow Torah law". The Times of Israel. Retrieved 5 June 2019.
  7. ^ "Netanyahu appoints Amir Ohana justice minister, first openly gay cabinet member". The Times of Israel. Retrieved 5 June 2019.
  8. ^ Sharon, Jeremy (7 August 2019). "Smotrich says again he wants a Torah-run state". The Jerusalem Post. Retrieved 7 January 2021.
  9. ^ Oster, Marcy (6 August 2019). "Israeli right-wing lawmaker wants nation to be governed by Jewish law. He acknowledges it won't happen soon". Jewish Telegraphic Agency.
  10. ^ Tress, Luke (2019). "Smotrich says Israel should follow Torah law, drawing ire of Liberman". The Times of Israel.
  11. ^ Ettinger, Yair (25 November 2014). "Ultra-Orthodox and Reform Jews Share Distaste for Nation-state Bill". Haaretz. Retrieved 3 March 2019.