Shemittah Rediscovered

Sunday, October 02, 2016

Hoshiva Shofteinu keVaRishona...Atem Nitzavim Hayom! Time to Push for Judicial change to be consistent with Torah as per Marianbad Resolution 1937 of Moetzet Gedolei Hatorah. Read Does "Rule of Law" exist in Israel by Prof. Paul Eiidelberg

BS"D

Lichvod Rabbanim, MK's, Fellow activists for Eretz Yisroel, amv"sh

Rabbosai, please consider that the time is ripe for Torah Leaders, MK's to push for an Israeli Judicial System consistent with Torah.

As it says in Parshat Nitzavim read on the Shabbat before Rosh Hashana.

Lo Bashamayim Hi..

דברים, פרק ל', פסוק י

י כִּי תִשְׁמַע בְּקוֹל יְ-וָה אֱלֹ-יךָ לִשְׁמֹר מִצְו‍ֹתָיו וְחֻקֹּתָיו הַכְּתוּבָה בְּסֵפֶר הַתּוֹרָה הַזֶּה כִּי תָשׁוּב אֶל יְ-וָה אֱלֹ-יךָ בְּכָל לְבָבְךָ וּבְכָל נַפְשֶׁךָ:

מקור הביטוי הוא בספר דברים, פרק ל', פסוק י"א-יד:

כִּי הַמִּצְוָה הַזֹּאת, אֲשֶׁר אָנֹכִי מְצַוְּךָ הַיּוֹם לֹא-נִפְלֵאת הִוא מִמְּךָ וְלֹא רְחֹקָה הִוא. לֹא בַשָּׁמַיִם הִוא לֵאמֹר, מִי יַעֲלֶה-לָּנוּ הַשָּׁמַיְמָה וְיִקָּחֶהָ לָּנוּ וְיַשְׁמִעֵנוּ אֹתָהּ וְנַעֲשֶׂנָּה. וְלֹא-מֵעֵבֶר לַיָּם הִוא לֵאמֹר, מִי יַעֲבָר-לָנוּ אֶל-עֵבֶר הַיָּם וְיִקָּחֶהָ לָּנוּ, וְיַשְׁמִעֵנוּ אֹתָהּ וְנַעֲשֶׂנָּה. כִּי-קָרוֹב אֵלֶיךָ הַדָּבָר מְאֹד, בְּפִיךָ וּבִלְבָבְךָ, לַעֲשֹׂתוֹ.

Devarim Chapter 30: 10:14

10 when you obey the Lord, your God, to observe His commandments and His statutes written in this Torah scroll, [and] when you return to the Lord, your God, with all your heart and with all your soul.

11 For this commandment which I command you this day, is not concealed from you, nor is it far away.

12 It is not in heaven, that you should say, "Who will go up to heaven for us and fetch it for us, to tell [it] to us, so that we can fulfill it?"

13 Nor is it beyond the sea, that you should say, "Who will cross to the other side of the sea for us and fetch it for us, to tell [it] to us, so that we can fulfill it?"

14 Rather,[this] thing is very close to you; it is in your mouth and in your heart, so that you can fulfill it.

15 Behold, I have set before you today life and good, and death and evil,

טו רְאֵה נָתַתִּי לְפָנֶיךָ הַיּוֹם אֶת הַחַיִּים וְאֶת הַטּוֹב וְאֶת הַמָּוֶת וְאֶת הָרָע:

Prof. Paul Eidelberg writes: Does the "Rule of Law" Exist in Israel? http://shemittahrediscovered.blogspot.com/2016/10/paul-eidelberg-does-rule-of-law-exist.html

MK Ruby Rivlin, before he was elected President, had the candor and courage to admit that what is called the rule of law in Israel is really "a gang that rules under the façade of the rule of law."

Fwd: Atem Nitzavim, Anavim, Anavim, Moetzet Gedolei Hatorah http://shemittahrediscovered.blogspot.com/2016/10/fwd-atem-nitzavim-anavim-anavim-moetzet.html

To all the Likud Members who are standing strong against the destruction of Amona, Chazaq VeEmatz!

We know there are those who are accusing you of undermining the Law.

Read the Jewish Week article Likud Undermining Court On Outposts?
New legislation seen aimed at averting demolition of 'wildcat' communities.
Fri, 09/23/2016 - 10:45
Nathan Jeffay
http://www.thejewishweek.com/editorial-opinion/letter-israel/likud-undermining-court-outposts

The opposite is true! Read the other side of the Amona Conflict http://shemittahrediscovered.blogspot.com/search?q=Amona&max-results=20&by-date=true

Why are Liberal Jews so overly concerned with the property rights of Palestinians while endangering Jewish lives? (Especially when these claims are invented by NGO's out for Israel's destruction.) Why must we have blind faith in the Israeli courts with their own agenda especially when they are not transparent?

Why can't we accept that the Land was rightfully conquered by Israel in a war started by Israel's enemies as have all countries of the world including the United States of America? Would you push for America to return Texas or New Mexico to Native Americans?

To these Liberal Jews....

We are proud to proclaim that legitimizing Jewish Outposts in Judea and Samaria is the precedent we seek, as per the source of all Righteous Laws, the Law of Moshe and Israel, consistent to G-d's Law.

and yes it is the right Solution!

And if a 2 State Solution is so important, let us set up a prototype Torah State in Judea and Samaria, living side by side in peace and harmony with its sister State, the State of Israel. Give it a chance and the beauty and justice of Torah will win us over. The Biblical Path to Peace!

Time to repent. Time to Choose the Torah. Time to Choose Life! Only then will peace and prosperity come... not only to Jews but all Noahides, Arabs and non Jews living in Israel and the entire world!

The World will Recognize G-d and Sing G-d's praises and G-d will be anointed as King by the entire world! These are our prayers for Rosh Hashana!

Shana Tova! May we be blessed with a Ketiva VeChatima Tova!

Paul Eidelberg Does the "Rule of Law" Exist in Israel

---------- Forwarded message ----------

From: "Paul Eidelberg" <foundation612.12@gmail.com>

Date: Oct 1, 2016 3:02 PM

Subject:

Does the "Rule of Law" Exist in Israel?

Prof. Paul Eidelberg

There is much misunderstanding in Israel about its system of Government and whether the Rule of Law really exists or has a solid foundation in this country.

A basic reason for this dubious state of affairs is that Israel, unlike France or the United States, has no written constitution. Instead, Israel has a crazy-quilt variety of "Basic Laws" passed at different times by different governments led by different political parties.

Israel's first Basic Law, The Knesset, was initiated by the Knesset Law Committee in 1958, ten years after the founding of the State! Some other Basic Laws are Israel Lands (1960); The President of the State (1964); The Government (1968); The State Economy (1975); The Army (1979); Jerusalem, Capital of Israel (1980); The Judiciary (1984).

A word about Basic Law: The Government. This law stipulates, "The Government is competent to do in the name of the State, subject to any law, any act whose doing is not enjoined by law upon another authority." The Government can therefore declare war, make treaties, and change the exchange rate without ever consulting the Knesset!

(Note: Treaties are not ratified by the Knesset; they are merely announced by the Government and published within 20 days thereafter. The Knesset may pass a resolution in favor of a treaty, but this has no legal significance.)

One would think that a Basic Law, like an amendment to a Constitution, would require the approval of a super-majority of the Knesset as well as a popular referendum. Not in "democratic" Israel. Here, Basic Laws are enacted by ordinary legislative procedures; and what makes this outrageous, is that in Israel, no quorum is required to pass legislation. In fact, Israel's most important Basic Law: Human Dignity and Freedom (1992), was enacted with only a minority of the Knesset present and voting!

Nevertheless, former Supreme Court president Aharon Barak construed this law as endowing the Court with the power of judicial review! This interpretation of Basic Law: Human Dignity and Freedom was nothing less than a judicial coup d'état, for it prompted Barak to decree that "everything is justiciable." The dictum "everything is justiciable" logically includes the laws bestowed at Mount Sinai. Barak made the Court not only a super-legislature, but one that arrogates to itself the power to prescribe the morality of the Jewish people!

Such is the Court's unprecedented power – unequaled in any democratic country – that Barak, an ultra-secular, left-wing cultural relativist, went so far as to rule, in 2005, that Basic Law: Human Dignity and Freedom did not apply to the Government's expulsion of 10,000 Jews from their homes in Gaza and northern Samaria.

So what is "basic" about a Basic Law? It depends on the whim of the Supreme Court. Barak's dictum that "everything is justiciable" makes nonsense of the rule of law, as well of Israel's reputation as a democracy. It would be more accurate to classify Israel's system of governance as a judicial despotism. This is very much the opinion of various scholars, including the eminent American Judge Robert Bork.

It will be asked: "Why doesn't the Knesset curtail the power of the Supreme Court?" In theory, it has the power to do so, but there are other secrets about "Israeli democracy."

As I have often pointed out, Israel makes the entire country a single electoral district, which precludes regional elections – the practice of almost all democracies, 26 of which are smaller in size and population than Israel. Israelis are compelled to vote for a party list, and parties win Knesset seats via proportional representation.

The Knesset is not a "House of Representatives" accountable to voters but a "House of Parties." Since MKs are not individually accountable to the voters in constituency elections, this enables them to ignore public opinion with impunity. Hence, all MKs have a vested interest in preserving the existing system. This system, superficially democratic, renders the people powerless: it effectively disenfranchises them. Let's be more specific.

Although public opinion in Israel has been more right-wing than the Government on the territorial issue, the Government, regardless of which party or party coalition has been at the helm, has pursued the fatal Oslo policy of "land for peace." Hence it matters not whether a Benjamin Netanyahu or a Tzippi Livni is at the helm.

The Oslo policy has been supported by Israel's left-wing dominated Supreme Court. This ultra-secular, judicial oligarchy ruled that Judea, Samaria, and Gaza constitute "belligerent occupied territory," a position thoroughly refuted by the late Howard Grief, as may be seen in his monumental work The Legal Foundations and Borders of Israel Under International Law.

However, if the Knesset were to make its members individually accountable to the voters, a large majority of the latter, consisting of traditional Jews, would demand an end to the Court's dictum that "everything is justiciable," the dictum that enabled the Court to sanctify the Government's expulsion of Jews from Gaza – the fate awaiting hundreds of thousands of Jews in Judea and Samaria if the Muslim-Arabs called "Palestinians" are granted statehood.

We see, therefore, that democratizing the Knesset, by making MKs individually accountable to the voters in constituency elections, would lead to democratizing the Supreme Court, and this would thwart implementing the Oslo policy of "land for peace." This secret needs to be exposed. Nor is this all.

The policy of "land for peace" needs to be seen as a consequence of the absence of the rule of law. MK Ruby Rivlin, before he was elected President, had the candor and courage to admit that what is called the rule of law in Israel is really "a gang that rules under the façade of the rule of law."

Lacking in Israel is a political party earnestly and not merely verbally, committed to the rule of law. However, this will require a Knesset that scraps proportional representation, now based on a national list, with regional constituency elections. This is a precondition of making MKs accountable to the voters, which is in turn is a prerequisite of the rule of law as opposed to the arbitrary rule of men.

The trouble is that to expect MKs to scrap proportional representation is like asking chickens to vote for Colonel Sanders!☼

The Rule of Law and Justice by Prof. Paul Eidelberg from the July 2003 Edition of the Jewish Magazine
http://www.jewishmag.com/69mag/lawjustice/lawjustice.htm

Sincerely,

Robin Ticker

Israel Advocacy Calendar (www.IsraelAdvocacyCalendar.com).

Activist emails sent to my list are L'Ilui Nishmat Yisrael ben David Aryeh ob"m (Izzy - Kaplan) and Howard Chaim Grief great activists and lovers of Eretz Yisroel, Am Yisroel and the Torah. Yehi Zichronum Baruch. May their memories serve as a blessing.

Most of these emails are posted on Shemittahrediscovered.blogspot.com

Personal emails to individuals will not be posted to my blog.

Fwd: Atem Nitzavim, Anavim, Anavim, Moetzet Gedolei Hatorah can possibly end BDS if they spoke up against Oslo. Reply from Dinah Foster Re: Peres's shortcomings:Like the 2 State Solution Wise leaders steered around them. by Susie Dym

---------- Forwarded message ----------
From: Robin Ticker <faigerayzel@gmail.com>
Date: Thu, Sep 29, 2016 at 3:59 PM
Subject: Re: Atem Nitzavim, Anavim, Anavim, Moetzet Gedolei Hatorah can popssibly end BDS if they spoke up against Oslo. Reply from Dinah Foster Re: Peres's shortcomings:Like the 2 State Solution Wise leaders steered around them. by Susie Dym
To: Dinah Foster

bs"d

Dear Dina, amv'sh

Right now Shimon Peres is being judged up in Shamayim. The best thing we can do L'Ilui Nishmato is to undo the terrible damage of Oslo where the Nation of Israel negotiated away our Biblical Heartland and agreed to the concept of a 2 State Solution, the nullification of Hashem's Covenant with Am Yisroel.

While Netanyahu is not quite there yet, I think his actions are dependent on the worthiness of the people. If Am Yisroel would unite, Agudah, OU, YI, Chabad International, Iggud HaRabbonim, RCA, the Conference of Presidents etc and speak out for our ancestral Homeland, our Jewish connection to the H-ly sites and that Yehuda and Shomron is the spine and the heartland of all of Israel, then as a Nation we would be more worthy.

Maybe, Hashem would then give Netanyahu or whomever is the leader at the time, the courage and strength to speak out against a 2 State Solution and for Eretz Yisroel HaShleima as it says in Mishlei 21:1 The heart of the king is in the hand of God.". .

Arabs that wish to live in the Land of Israel should be required to adhere to the 7 Noahide Laws. See Biblical Path to Peace. http://www.biblicalpathtopeace.org/

Tikkun Chait HaMiraglim of our generation can surely overturn harsh decrees such as BDS and terrible resolutions being planned in the UN.

Anavim Anavim...lf only we didn't think of ourselves as grasshoppers.....The leadership have in their capacity to impact hundreds of thousands of Jews to yearn for Eretz Yisroel...Atem Nitzavim Hayom, each individual according to his/her capacity....

Our collective Silence is weighing heavily against Am Yisroel at this very moment. BDS has proliferated. A veto in the UN for a Palestinian State by Obama is looming over us.

Trump is surrounded with beautiful Pro Israel people who will support a rejection of the 2 State Solution and a United Jerusalem as the Eternal Capital of Israel. Hillary on the other hand endorses the Peace Process, the 2 State Solution, is surrounded by those that empower the Muslim Brotherhood, and Syrian Migrants embedded with Radical Islamic terrorists and with those associated with support of Sharia law (like Huma Abedin's father) basically a death culture.

Jews must choose between Life and Death.

When Silence is a Sin from the talks and writings o fthe Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson speaks about the Obligation to Protest and the Obligation to Settle the Entire Land of Israel!

The Marienbad Resolution of 1937 clearly sets a precedent for Moetzet Gedolei Hatorah to speak forthright.

Mishpacha Magazine Issue 179 5 Cheshvan 5768 October 17, 2007 page 26

...The text of the resolution of the Moetzes Gedolei HaTorah contains the statements: "The foundation of the Jewish people's right to the Holy Land is based on the Torah and the prophets.... A Jewish State not based on the principles of Torah is a denial of Jewish origin, is opposed to the identity and to the true stature of our people, and undermines the basis of existence of our people...Any relinquishment of the Holy Land given to the Jewish people by G-d has no validity" (HaPardes, 11:6) See page 8

With blessings for Am Yisroel for a Kesiva VeChasima Tova!

On Thu, Sep 29, 2016 at 9:01 AM, Dinah Foster <dinahshira@aol.com> wrote:

Dear Robin, Hi, Shalom, thank you for your many very interesting Emails, I agree with you,

and with your comments below. Re: Netanyahu, I read in the New York Post that Netanyahu went

to see the very popular play "Hamilton", this past Saturday night. Netanyahu should have gone

instead to Selichos, which was that very night also. It would have been a great news story for us,

if Netanyahu had gone to Daven at any N.Y. area Shul. I hope that someone points this out to him.

(for the future). Have a Shana Tova, Dinah

-----Original Message-----
From: Robin Ticker <faigerayzel@gmail.com>

bs"d

Peres's shortcomings:Wise leaders steered around them by Susie Dym

http://www.israelnationalnews.com/Blogs/Message.aspx/9181#.V-y_NfkrJdg

Ted Cruz should be commended for his strong Israel stand against the 2 State

Israel Advocacy Calendar (www.IsraelAdvocacyCalendar.com).

Most of these emails are posted on Shemittahrediscovered.blogspot.com

Personal emails to individuals will not be posted to my blog.

Fwd: The White House crosses out Israel

BS"d

From: Abu Yehuda <info@abuyehuda.com>
Date: October 1, 2016 at 3:03:12 PM EDT
To:
Subject: The White House crosses out Israel
Reply-To: Abu Yehuda <info@abuyehuda.com>

Abu Yehuda

A blog about the struggle to keep the Jewish state

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The White House crosses out Israel

Posted on October 1, 2016 by Vic Rosenthal

This is at the same time laughable and insulting. The White House issued a press release about Barack Obama's speech at the funeral of Shimon Peres. The funeral was held at the cemetery on Mt. Herzl in western Jerusalem, and the press release initially noted that it was in "Jerusalem, Israel."

Now, for some reason it is a conceit of the White House and State Department that none of Jerusalem, both the western part that has been under Israel's continuous control since 1948 and the eastern part that was occupied by Jordan from 1948-67, belongs to Israel. Perhaps this dates back to the partition resolution of 1947 – which was never implemented because it was rejected by the Arabs – that suggested that Jerusalem should not be part of either an Arab or a Jewish state, but rather should be placed under UN control.

In any event, the White House felt that it was unacceptable to let the "error" in its press release stand, so it issued a "correction" – with the word 'Israel' crossed out.

Photo courtesy of Brian of London

Yes, I know. That's the convention for press releases. But you know, here in Israel we are a little sensitive about being crossed out, or not appearing on maps, or even being wiped off maps. And after all these years that Jerusalem has been our capital – since 1948 – don't you think the White House and State Department ought to face reality?

That isn't even all. In whatever country he thought he was in, Barack Obama gave a speech. Here is just a little bit of what he said:

Out of the hardships of the diaspora, [Peres] found room in his heart for others who suffered. He came to hate prejudice with the passion of one who knows how it feels to be its target. Even in the face of terrorist attacks, even after repeated disappointments at the negotiation table, he insisted that as human beings, Palestinians must be seen as equal in dignity to Jews, and must therefore be equal in self-determination. [my emphasis]

In other words, according to Barack Obama, the reason the Palestinian Arabs do not have a state is that we are prejudiced. Racists. Apartheid-niks. With Obama, it always comes down to this. The guy who grew up in a privileged family, who went to the best schools and universities, who was elected to national political office with the absolute minimum of qualifications, has a massive racial chip on his shoulder.

Never mind that the Palestinian Arabs want to create a state that will have no Jews in it, or that they insist that there is no such thing as a Jewish people (from the representative of a 'people' whose peoplehood dates to the 1960s), or that their media makes a habit of inciting their youth to go out and stab or run over Jews. Nope, no prejudice here – just "frustration" and "despair" that they haven't been able to realize their "dreams," which happen to be about killing Jews and taking their country.

One wonders if it might be possible to take the President and State Department – which as far as I know do not refuse to recognize the capital of any other country in the world – more seriously when they talk about prejudice if they stopped applying their offensive double standard to Israel.

Posted in US-Israel Relations | Leave a comment

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