Eretz Yisrael Time

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Monday, June 29, 2009
Is there no level that those on the Left will stoop to to keep their stranglehold on the Israel Judicial system?

Last week, the 3 Knesset Judicial Committee members made their recommendations for Supreme Court judges - and for the first time, all the suggestions were not Aharon Barak's ideological clones - and they all happened to be religious.

This upset Supreme Court President Dorit Beinisch as well as others of her political bent, and the campaign against the nominees began.

Suddenly the newspapers were calling one of the religious judges that was nominated a racist and a sexist.

The reports said how the Jerusalem judge simply let off a Chareidi man who hit an Ethiopian woman in front of witnesses.

But, none of the Left-wing newspapers actually gave the details of the case so their readers could make an informed decision on their own.

This is a judge who tries to incorporate Jewish law into his rulings (is that their real problem?). This is a judge known for being honest and fair. This is a judge who when he makes a ruling, doesn't simply give a ruling and leave it at that, rather he is known for writing comprehensive summaries explaining his decision and all the points involved. He is known for being a very competent judge.

And what was the case in question?

A Chareidi man hit an Ethiopian cashier. The details of the story are quite weird, and apparently he hit or pushed her while she tried to block his car after he didn't pay for his food (she wasn't seriously injured apparently).

But the important details are what comes next.

In court, the Chareidi man begged forgiveness from the woman for acting the way he did. He told her he was sorry, and repented. He said he sinned and was sorry.

The woman, to the surprise of all, accepted the man's apology, and said she believed he was being sincere, and she was dropping the suit.

The judge then called for a break so the woman could rethink her response while in a less emotional state. He was not going to accept her statement unless she thought about it while not under the pressure and emotion of the moment.

After the break, the Ethiopian woman again reiterated that she accepted his apology in full and believed the Chareidi man and that his apology was sincere.

The judge said (among other things) that in light of the man's asking for forgiveness, and the woman accepting it the case would be closed. The other things he mentioned are Jewish values, and the laws of forgiveness.

But then, on top of that he fined the man NIS 10,000 to pay the woman, regardless of her forgiving him.

Now I'm not a judge or a lawyer, but I simply don't see anything sexist or racist in this Judge's decision. In fact, he could have dropped the case right there, without any fine at all.

Yet this story (without the leftwing newspapers mentioning the details) is being touted as proof that this judge is racist, sexist, and unqualified to be a Supreme Court judge.



MAOZ said...

Thanks for providing those details, Joe.

JoeSettler said...

Courtesy of either Basheva or Makor-1.

Shaul B said...

Thanks for completing the picture!

You'd lend a lot more credibility to this if you could find a link to your own sources... otherwise technically you're not doing much better than the leftist MSM...

JoeSettler said...

It was in the print edition of last weekend's paper (I believe it was Makor-1). Just pick up copy.

JoeSettler said...

Quite interesting. Minister Gilad Erdan has withdrawn his support for this judge, which means he is unlikely to be nominated.

Erdan said he thoroughly investigated the judge and can say that the judge is definitely not racist at all - and is in fact honest and fair.

But he disagrees with the Judges's rulings, and finds him too lenient against those who commit acts of violence in general.

And, in the case in question, the judge wrote a 321 page summary.

Erdan feels that this is extremely inefficient, and the lack of efficiency in the court system is one of the major problems facing the court system today.

Here is the story in more detail.

And the whole story sounds weird (like I mentioned in the post)

Batya said...

Thanks for adding the details. I didn't like Erdan at the Jerusalem Conference. He has left whatever values he had ever had to make it in politics.

JoeSettler said...


This weekend's paper added some more information. The judge also suspended the man's license for 4 years (about the worst punishment you can give to an Israeli), and sentenced him to 150 hours of community service.

yoni r. said...

This is a judge who tries to incorporate Jewish law into his rulings (is that their real problem?).

Actually, that is a bit of a problem. Israeli judges, in their professional role at least, have to uphold Israeli law, not Torah law. For example, they can't slap on an extra fine for robbery if a sheep or ox would be involved, or invalidate a sale which involved chametz during pesach since, al pi halacha, its ownerless.

JoeSettler said...

Actually, that is a bit of a problem.

Except that current Israeli law actually is a mishmash of British, Turkish, Israeli, and... Jewish law.

Anonymous said...

Actually, judges are allowed to use Jewish law. Could be maybe 20 years ago, the Knesset passed a law saying that Jewish law could be sued to fill in lacunae in the law. Not long afterward this was used to take a position against domestic violence that all the otehr laws didn't have.

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