Rabbi Lior and the "Rule of Law"

By Moshe Feiglin

4 Tammuz, 5771
July 6, '11

Editor's note: Approximately a year ago, Rabbi Dov Lior, venerated Chief Rabbi of Kiryat Arba, gave his approbation on a book on the Jewish laws of war written by Rabbi Yitzchak Shapira. Among other issues, the book deals with the legal ramifications of the Israeli army taking action to kill terrorists even when enemy civilians may also be killed as a result. Rabbi Shapira cites numerous Jewish law sources to prove that this is permissible. The Left immediately accused Rabbi Shapira and the rabbis who gave their approbation on his book of incitement to murder. On Monday, Rabbi Lior was arrested and questioned. Heated demonstrations by the Rabbi's students ensued. The following is Moshe Feiglin's take on this issue.


First of all, I would like to salute all those people who participated in the protest against Rabbi Lior's arrest. An evil cabal has taken control of some key positions in the Ministry of Justice and has transformed its public service positions into a tool of destruction. It makes no difference if the reason for their hostility is ideological or an almost religious hunger for "enlightened" approval, or a combination of both; we must put an end to this despicable behavior.

Deputy Attorney General Shai Nitzan and his accomplices implement their evil actions within parameters determined by ideology and violence. "Law enforcement" is totally irrelevant to their actions. Just one week ago, extreme leftist Uri Avneri publicly called for the killing of settlers. He was not called in for any type of questioning. Why not? Avneri and other "lovers of Israel" are on the correct side of the political divide. Rabbi Ovadiah Yosef will not be questioned for remarks that would have brought Nitzan's legions to the doorstep of any Religious Zionist rabbi because Nitzan and his accomplices are actually a gang of weaklings who attack only those weaker than them. They would never dare "enforce the law" against those who know how to exact a price in the public domain.

When these are the rules of the "enlightened" game, the public that sees Rabbi Lior as its spiritual leader has no choice but to go out to the streets and protest. The protesters are not protecting Rabbi Lior alone; they are also defending the liberty of the State of Israel from a hostile and destructive takeover by an aggressive gang that crushes our society, makes large swaths of our population miserable and endangers the lives of many. The youth protesting in the streets do not know this, but they are the true defenders of Israeli democracy in the face of a wanton takeover by a tiny and belligerent minority.

A legalocracy has taken over Israel. This enlightened idol worship has made it impossible to free Gilad Shalit by making the conditions in which terrorists are incarcerated in Israel less comfortable. It is impossible to overcome bureaucratic obstacles and authorize massive construction of new homes for young couples. It is impossible for a Jew to pray on the Temple Mount, for the police must protect the rights of the violent Arabs instead of those of the Jews. It is impossible to fight our enemies without an attorney for each solder. The Israeli "justice" system does not include itself in Israeli life, but sees itself as an external factor; not just elevated above the Nation, but actually disconnected from it.

If we want to return the justice system to the Nation, we must return the Nation to its own justice system. At this point, we still do not have a relevant Jewish legal codex for our modern reality, but we certainly have an excellent foundation. As soon as we seriously take Jewish law out of its exile and apply it to all facets of our current existence, it will become the most pertinent justice system for Israel; just as the Hebrew language was reborn from its exile to become the natural language for Israel - and just as the Jewish Nation emerged from 2000 years of exile to return to its Land.