Date and Place: Yafo, 1 Kislev 5669 (1908)
Recipient: Zev Gluskin, the head of Carmel Wine and the Organization of Wine Producers. This letter is a follow-up of letter #173, in which Rav Kook appealed to Mr. Gluskin to use his influence so that certain people would agree to submit their dispute to adjudication according to Torah law. Mr. Gluskin responded in a manner that Rav Kook was unhappy with, as will become evident. Apparently, there was a dispute regarding inheritance, in which a daughter, who had more need for the money than her brothers, did not want to submit to Torah law, which gives inheritance to sons and not daughters (albeit often with a need for the sons to use much of the inheritance for their sisters’ needs).]
Body: We pick up in the midst of the comparison between Torah justice and the laws of nature.
Sometimes the rules of nature leave us with bitterness (e.g., extreme heat), because they are too strong for us to bear. We try to sweeten the situation, not by trying to remove the element from the world, which is impossible and undesirable, but by implementing artificial devices to enjoy what nature provides, to an appropriate degree for our situation. So too [when justice causes a difficulty in one’s life], whenever there is a need and it is possible, it is good to try to arrive at a compromise, according to the litigants’ desires, when strict application of the law is too difficult for one side. It is even more so when the law is too burdensome for both sides. In such cases, we apply the pasuk “Justice, justice shall you seek,” which refers both to strict law and to compromise (Sanhedrin 32b).
However, Heaven forbid that [because of the difficulties] we might “kick at” (i.e., scornfully reject) our system of justice, as it is the most important part of our “spiritual property.” It is more crucial for our survival as a living nation than all other peripheral acquisitions, which we correctly believe are valuable. Indeed, so many of these spiritual elements are beloved and pleasant, but we need to distinguish between “organs” that one can live without and those which are central to life, and that which the soul of any nation, but especially our nation, depends on. For us, it is specifically a halachic judicial system.
Therefore, I again turn to you with an open protest against those who trample our holy Torah’s judicial system, especially concerning the case of G. You, honorable gentleman, should know that there is no subject within monetary law that is so connected to written justice (i.e., that the Torah specifies its basic laws) as that of inheritance. Of course, I cannot include in this letter the strong reasons, in the life of the person and the world, that cause this to be the case. However, it is a fact that even those kingdoms that have replaced their old monetary laws, have left the laws of inheritance intact. Many enlightened nations strengthen the power of religious courts regarding the laws of inheritance in relation to their authority in other matters. How are we to justify ourselves if we will weaken the stature of the justice of our Torah to such an extent that we will remove its authority regarding inheritance? Doing so in Eretz Yisrael would be an example of “attacking the queen while the King is in the house” (see Esther 7:8).
Realize that the place in which our enemy, Christianity, acts as a daughter who bites her mother’s breast, attributing it to her flag of mercy, which she carries with hands that are full of the blood of the innocent in an attempt to make Judaism disappear, is concerning recognizing the inheritance of the daughter, against the laws of our holy Torah. It is well known to those who understand secret matters and this is passed down by the Talmud (Shabbat 116b).
Regarding your appreciated apology, referring to wounds inflicted by those who love the other, causing pain also to the one who damages, I sign off with the same sentiment.
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