“Even Sodom Applied Their Laws Equally:” HaRav Elyashiv, Z’tl, On The Judiciary System

HaGaon HaRav Yosef Shalom Elyashiv. Z'tl.

Harsh criticism expressed by HaGaon HaRav Yosef Shalom Elyashiv, z’tl, many years ago about the Israeli judicial system was recently published in the series “Devar Torah al HaParsha—Bereishis,” by HaRav Dov Eliach.

HaRav Elyahshiv made the statements to his brother-in-law, HaRav Simcha Shlomo Levin, z’tl, (the son of HaGaon HaRav Simcha Levin, z’tl).

In the Sefer’s section about Sodom in Parashas Lech-Lecha, the well-known story was cited about Eliezer, Avraham Avinu’s servant, who was injured when a Sodomite threw a stone at him. The local judge ruled that Eliezer must pay the attacker “bloodletting fees.”

Eliezer then threw a stone at the judge and said, “Now you owe me—pay my debt to the plaintiff.”

HaRav Elyashiv commented on the relevance of the story to the Israeli judicial system, saying that even in Sodom there were laws—albeit strange and corrupt—but at least they were applied uniformly. The judiciary system in Sodom was characterized by “everyone is equal before the law.”

HaRav Elyashiv added: “However, in the Israeli judicial system, laws are applied solely according to the discretion of the legal advisers—when to enforce the law and when to ignore it…”

“Even Sodom’s wicked judiciary system didn’t reach this,” HaRav Elyashiv concluded.

(YWN Israel Desk—Jerusalem)

11 Responses

  1. I’m confused. Didn’t Rav Elyashev himself serve in Israels court system? Or has that also been expunged from the ahistorical record?

  2. @ achassidisheryid Yes Rabbi Yosef Shalom Elyashiv served as a rabbinical judge (dayan), a huge difference, don’t you think?

  3. A poilishe chadidishe kasha from Chelm

    He had to be referring to the beis din he sat on? He can’t be referring to specific courts? He left many many years ago maybe that’s one of the reasons why he left?
    His beis din was a rabbinical court there are secular courts in israel too loads of them

    Now we know why it says hoishea Hashem ki gomar chossid

  4. This is the best criticism of the court system in Israel. When “reasonableness is determined by the judge, the verdict is totally crazy, and politically motivated.

  5. CHUTZPAH!!!!!!!! HARAV HAGOAN RAV ELYASHEV ZT”L may have served in Rabbanut, and once upon a time the zionist judicial system was somewhat reasonable, until Aron Barak SR”Y took upon himself and his successors to became the defacto dictator of Israel.

    MODERATOR YOU MUST NOT ALLOW SUCH BEZOYAN GEDOLIM TO BE PUBLISHED!!!

  6. I judge favorably that the moderators that post these things are not against the rabbis that it speaks about, but they are aware of the hateful comments that follow anytime a topic that is considered controversial to the wicked is posted. Ignorants hate anything that rabbis say, do, or think. And they are also unable to determine what situations apply to which because of their lack of Torah knowledge, so they automatically assume the worst in everything.

  7. anonchassidishergoy: No, he never participated in the secular judiciary.

    Even the State Beis Din that he worked for a temporary period he resigned from when Mr. Goren, who took over the Chief Rabbi job, decided to make mamzeirim “kosher” in Israel.

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