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Opinion The whole country Gemara | Israel today

2023-02-15T12:05:17.086Z


If he had opened the Gemara, Barak would have discovered that it is almost devoid of decisions, and sanctifies the controversy.


In recent weeks, and against the background of the struggle surrounding the legal reform, former Supreme Court President Aharon Barak stood out in his ability to issue blunt, sharp and almost puzzling statements against the legislative intentions of the coalition.

This is not an easy task in the days of extreme, violent and toxic expressions.

The honorable former president also sailed on talking about poison beads, firing squads and suicide, and lamented the unruly people who are not interested in rights and prefer a dark dictatorship.

But precisely one honest and basic statement of the retired judge, one that is not immersed in bitter despair and a black cloud, is the most amazing of all:

In an interview with Roni Coven at Kaan 11, Barak was asked where he is placed on the scale between the Jewish state and the democratic one, and answered that his position as a person and as a judge places him more on the democratic side.

"I don't know enough about the Jewish sources," he replied, and later announced that he knows almost nothing about Hebrew law or the Talmud, and even confessed that he "regrets it."

Let's assume the fact that the former president of the Supreme Court is not familiar with Hebrew law, he also has a certain role in the Israeli legal system.

We will also ignore the amazing fact that a person like him, who is a scholar of legal methods and extensive concepts of legal thought from different cultures, is completely blind and not even curious about the sources of his people's law, and lacks appreciation for the Gemara as one of the greatest legal masterpieces of all time.

Barak's confession reveals something deeper and more important, one that perhaps provides a key to the concept according to which he led as president of the Supreme Court, and as someone whose spirit lines the house in Givat Ram to this day.

If he had bothered to open a Gemara, Barak would have discovered that it is almost devoid of decisions, sanctifying the controversy.

It's all a debate between different ideas and a struggle between perceptions, not a journey in favor of victories and submissions.

On the other hand, in Barak's world and the court he designed, the decision is the key, and the judicial intervention must subdue the governmental or parliamentary one.

Judaism, like the founders of the state, liked the debate - and also the turning a blind eye, which allowed a common life alongside the internal tensions.

Barak, on the other hand, instituted a conduct of turning a blind eye.

According to him, not only is the whole earth a judgment - but the whole earth is a decision.

For example, with a lack of resourcefulness, the court repeatedly forced the Israeli governments to change the conscription law, a sensitive issue that constitutes an open and real wound in Israeli society, which there is no ruling that will succeed in changing it at the stroke of a sword.

The court also intervened in the Hametz issue and ignited new controversies, as well as regarding the Western Wall and other issues, and there are many more examples of the court's tendency, in the spirit of Barak, to look at reality in all areas of Israeli life in black and white.

The court took upon itself not only to decide the debate, but also to suppress it and make it unnecessary, and with it also the internal dialogue between the parts of Israeli society.

Inspired by Barak, the measure of justice is always chosen to lead.

And this is the main thing that former President Barak needs to focus on.

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Source: israelhayom

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