From A HALACHIC STATE ACCORDING TO RAV YITZCHAK ISAAC HALEVI HERZOG

Rabbi Shmuel Jablon

Originally published in Or Shmuel (HTC Press, 1994)

"Our Rabbis tell us that, in the days of Shlomo, when the Holy Ark stood ready to enter the Holy of Holies, it was found there was no room. Even so, they brought it in and relied on a miracle. It seems that this [situation] has returned [with] the establishment of the State of Israel, that is known to be totally Holy-for the Land of Israel and People of Israel are Holy. There is no place for the Holy Ark and the Torah!....Though there was no natural room in the Holy of Holies for the Ark of the Covenant...there was a miracle. Thus we, with Hashems help, will do and we will succeed. From on high a spirit will come to our brothers and sisters, and the Ark of the Covenant will finally have its place in the State of Israel. Then the words From Zion will come the Torah and the Word of Hashem from Yerushalayim will be fulfilled--not just for Israel, but for all who dwell on this earth. " --HaRav Herzog, 19 Av, 5708

Rav Yitzchak Isaac haLevi Herzog was one of the key Jewish leaders of his time, truly one of the gedolei ha-dor. From his birth in 5649 until his sixteenth birthday, he studied at the feet of his father, Rav Joel Leib Herzog . By the time he was sixteen, he knew all of Shas. He was given smicha by Rav Yaakov Willowski (the Ridbaz, author of a crucial commentary on the Jerusalem Talmud). He also studied general studies (along with both Talmuds, halakha, etc.) in order to deepen his Torah knowledge. This was particularly useful in his definitive study of techelet (the royal blue used to die the tzitzit) and in his books The Main Institutions of Jewish Law ( a work that not only explores, in detail, aspects of Jewish Law, but also compares it to other legal systems, both modern and ancient).

Rav Herzog applied his vast knowledge in all areas of Torah and relevant general studies to be one of the foremost halachic authorities of his time. In 5676 he was named Chief Rabbi of Belfast, Ireland. Later he served in the same post in Dublin. In 5670, Rav Herzog became Chief Rabbi of all of Ireland. He was responsible for greatly increasing the study of Torah in that nation. He was also responsible for dealing with the non-Jewish authorities. In that role, not only did he succeed in convincing the Irish Parliament to not ban shechita, but his stirring defense of Torah caused the government to pay to build a kosher slaughtering house! (For more information on this period in Rav Herzogs life, see Toldotav in the first volume of Heychal Yitzchak and Rabbi Leo Jung’s Men of the Spirit.)

Following the passing of Rav Avraham Yitzchak haCohen Kook in 5695, Rav Herzog was invited to become Eretz Yisrael’s second Ashkenazi chief rabbi. There he taught Torah (see Torat haOhel, recently republished by the Mossad haRav Kook), helped found Yeshivot, answered halachic inquiries from throughout the world (see Heychal Yitzchak and the recent published Psakim uKtavim), and solidified Torah observance. He was also deeply involved both in the rescue of European Jewry (before, during, and after the Shoah) and in the effort to establish a Jewish State in the Land of Israel. He was respected by Orthodox Jews of all kinds. (His book Torat haOhel contains blessings from the Chazon Ish , Rav Tzvi Pesach Frank , and many other Torah giants of the time. When he visited the United States he was hosted by Rav Eliezer Silver , who also worked with him in efforts to rescue European Jews. After Rav Herzogs passing, Rav Ahron Kotlar , who disagreed with Rav Herzog’s politics, came to Israel to deliver a eulogy.)

Rav Herzog viewed the newly established state as a mikdash umiklat, a Holy place and a refuge (see Heychal Yitzchak, Orach Chayim #37), that was not only the beginning of redemption for the Jewish People, but also the beginning of the repair of the entire world (see the introduction to Heychal Yitzchak, Orach Chayim). Still, Rav Herzog was far from completely satisfied with the new state, as it seemed there was no place for the Holy Ark and the Torah. Rav Herzog had dreamt of a Jewish State governed in accordance with Jewish Law. Even before the creation of the State of Israel he had met with leading rabbis to determine halachic solutions to problems that would face the new state.

Indeed, Rav Herzog was able to make some progress in national observance, particularly in the area of personal status (marriage, divorce, conversion). Still, his goal of a Medinat Yisrael al pi haTorah has not yet been achieved. This is but a brief attempt to explore Rav Herzog’s rationale for creating such a state, as well as some examples of how he wished to apply this ideal to modern Israel. It will become clear that many of the issues Rav Herzog faced have constantly reappeared, even until the present day, in Israel. (For a more detailed discussion, see the three volume set , published by Mossad haRav Kook.)

The Rationale:

Rav Herzog believed in a Jewish state that was both a Holy place and a refuge. His rationale for having the Jewish State operate according to Jewish Law was clear and simple. Before its creation he said, as he did many times after, We are going to establish the Jewish State, with Hashem’s Help, in Zion. Is it possible that the Jewish state, the kingdom of Israel, will be without the Torah of Israel? This would be a destruction, G-d forbid...

For the state to fully have the Torah of Israel, it would have to observe both the written and oral Torah. halakha, and not modern whims, would have to govern. To those who questioned whether such a state could be modern, Rav Herzog insisted that modern nations had constitutions. All of these constitutions were based on certain ideals. It was only logical for the constitution of a Jewish State to be based on our own ideals, rather than relying on those of other nations. Ideally, he said, The form of government is a theocratic monarchy. At the heads of the nation stands a ruler. He himself is under the rule of the Torah, just like the ruler of any other country is under the rule of its constitution and law...At the side of the ruler, who is the head of state, stand the Torah institutions- the Great Beit Din and the Sanhedrin.

Although there could be no king from outside the House of David, the elected head of government could serve as the equivalent of head and leader, like a nasi, or in other words,a parnass, like there were at times in the exile. (Ibid, 4-5)

Thus, Rav Herzog said the Jewish state under the authority of halakha would not be a theocracy, but rather what he called a nomocracy. This would be a government of law, but not just any law, but the law of G-d, the Torah from Heaven. (Ibid, 8)

Some Examples:

Rav Herzog dreamt of a Jewish State governed by the Torah. Thus, for one to detail his entire plan would be to simply summarize the entire Shulchan Aruch. It is, however, interesting to note a number of areas in which he worked to bring the State closer to Torah.

Rav Herzog believed that all monetary matters could be handled in accordance with halakha. He advocated the establishment of local religious courts that would handle all monetary disputes.

This, however, raised the interesting problem of implementing Torah law vis a vis the non-Jewish minority in the Land of Israel. Rav Herzog ruled that (with the exception of clear idolators) non-Jews could not simply be expelled from the State, for this would involve international condemnation and the real concern of ayvah (hate). Still, they could be restricted from holding certain positions in the state on religious grounds that the world would understand. However, how would those who indeed achieved positions of authority be allowed to learn the halachot governing civil matters that they would be expected to follow? There is, after all, a prohibition of teaching Torah to non-Jews. Rav Herzog answered that it is permitted to teach non-Jews laws to which they are subject. This is due to the monotheistic beliefs of the non-Jews in Israel, as well as the possible rabbinic nature of the prohibition. Rav Herzog also explained that there is a concern of great hate from these non-Jews [residents of Israel] who [would] stand ready to accept laws of Torah, if we oppose them due to the prohibition of teaching them. (Ibid, 34)

Rav Herzog dealt with the problems of running the Israel Defense Forces. He ruled that during wartime, while in enemy territory, a hungry soldier could eat non-kosher food that he found until kosher food became available. (Ibid, 119) In referring to the status of Israels War of Independence (and presumably, by extension, all her wars) he stated, "This is truly an obligatory war for the rescue of Israel. See our master the Rambam’s Hilchot Melachim in which he states that every man must stand against our enemy and give his life, and must think of nothing else but winning the war...I have doubts as to why it is necessary to swear an oath [when joining the Israeli Defense Forces] as one has already sworn, while standing at Sinai, to fight with devotion. " (Ibid, 120)

Perhaps the area in which Rav Herzog was most successful was his insuring that the chief rabbinate have authority over matters of personal status. Thus, he was able to assure that marriages, divorces, and conversions would be in accordance with Jewish Law. This success was evident in the early conflict over Who is a Jew? Prime Minister David Ben Gurion asked a number of rabbis, both in and outside of Israel, who could be included as part of the Jewish Nation. All were clear in their response. Jews were those born to a Jewish mother or who had converted according to halakha. Rav Herzog wrote that those who would list the offspring of Jewish men and non-Jewish women as Jews go totally against the law of our Torah and will cause Jews to have to keep detailed records of their lineage.

As Chief Rabbi, Rav Herzog also dealt with many questions of agunot (chained women), particularly from survivors of the Shoah and wives of Israeli soldiers presumed killed in battle. Much of both volumes of Even haEzer in his responsas Heychal Yitzchak deals with this issue (including a responsa dealing with the survivors of the massacre at Kfar Etzion in 1948)…

CONCLUSION:

Many of the issued raised by Rav Herzog continue to be argued in Israel… New questions are posed as well. In 5754 the most prominent of these was over the halachic permissibility of surrendering all or parts of Yehuda, Shomron, Aza, and Golan to the Arabs. This debate, as have previous debates, focused around the question of what the ultimate source of authority is in Israel. Will it be Torah or secular law, halakha or politics? Rav Herzog truly believed that the State of Israel was a Holy place and a refuge. But full holiness would not be at hand until the State of Israel will be under the authority of the Torah of Israel.

Return to Rabbi Jablon’s homepage: www.rabbijablon.com