For the benefit of digital users, indexed terms that span two pages(e.g., 52–53) may, on occasion, appear on only one of those pages.
“Administration of Justice in Ancient Israel, The” (Herzog), 68–70
Agudat Yisrael, 26–27, 115n.63, 122–23, 124
Alkalai, Yehudah, 5
Allon Plan, 16n.59
Aloni, Shulamit, 24
Amir v. the Great Rabbinical Court, 108–9n.34, 157–58
Anglo-Irish Treaty of 1922, 53, 87
Anson, William Reynell, 62–63
appeals, court of, 4, 99, 105, 107–9, 127–28
Arab-Israeli War, 16, 72, 86–87
arbitration courts, 41–42, 69, 108–9, 157–58, 159–60
Aristotle, 149n.42
Arnold, Matthew, 56–57
Ashkenazim
and discrimination between sexes, 92–93
leadership, 21–22
and polygamy, 111–12
and rabbinic legislation, 111–13
authority
and freedom, 43
Grodzinski on, 27–28
of halakha, 10–11, 24, 28, 29, 36, 37, 61–62, 65–66, 162, 166–67
Herzog on, 45–46, 65–66, 79–81, 83, 132, 138
of imperial rule, 91
of kehilla, 30
and legal centralism, 12, 111, 133
and legal pluralism, 7, 12, 13–14, 90–91, 127
Maimonides on, 32n.36, 83, 143, 144–45, 167–68
Margulies on, 37
in modern political philosophy, 18–19
Nisim of Gerona on, 27–28
of non-rabbinical leaders, 30, 32
of the people, 33–34, 42, 143–44, 162
of Supreme Court, 138 See also authority of king; authority of rabbis
authority of king
early interpretations, 30, 31–32
Herzog on, 45–46, 48–49, 74–75n.12, 80–81
Maimonides on, 32n.36, 83, 143, 144–45, 167–68
Yisraeli on, 149–50 See also king’s law
authority of rabbis
of Chief Rabbinate, 104–5, 112–13
erosion in, 155
of Great Rabbinical Court, 107
of rabbinical courts, 95–96, 108–9, 110, 126, 127, 128, 132–33, 136, 157
of rabbinical courts during Mandate, 90–91
transmission of, 100n.3
Aviner, Shlomo, 156
Bagehot, Walter, 67
Barak, Aharon, 94–95, 97, 124n.10, 160–61
Bar-Ilan, Meir
codification of halakha, 114, 116–21
correspondence with Warhaftig, 130
influence of, 161
on legal centralism, 115–16, 118, 119
on legal pluralism, 115–16
on primacy of Jewish religion, 9
on theocracy as ideal, 24–25
Basic Laws, 124
Be’eri, Yisrael, 151–52
Ben-Gurion, David
and de Valera, 86
disinterest in halakhic state, 10
as impediment to constitution, 124
influence of European model on, 94
on legal centralism, 95–96
and Maimon, 102
national sovereignty ideology, 145
on rabbinical courts, 126
“status-quo agreement,” 115n.63, 122–23
Bentham, Jeremy, 66–67
Bentwich, Norman, 92–93
Berab, Jacob, 100n.3
Berlin, Meir, See Bar-Ilan, Meir
Berlin, Naftali Tsvi Yehudah, 114
Bernstein, Isaiah, 6
Bible
authority of king in, 30
legal pluralism in, 30n.25
Blackstone, William, 66–67
Bnei Akiva youth movement, 157
Britain
British law compared to halakha, 80
continued colonial control, 131–32
decolonization by, 2
Herzog on Palestine policy, 85–86
influence on rabbinical courts, 99, 104–5, 109
Jewish refugees in, 73–74
legal centralism, 66–67
legal education and training, 90–93
women judges, 76–77 See also Ireland
Brit ha-kanaim (Covenant of Zealots), 154n.4
British Mandate
Herzog on, 85–86n.69
legal lacunae in, 132
legal pluralism in, 13, 90–91, 95, 97
as term, 2–3n.7
Buckland, W. W., 63
Burg, Yosef, 161
Bürgerliches Gesetzbuch (BGB), 67, 117
Capacity and Guardianship Bill of 1961, 134–35
capital punishment, 63–65, 68–69
Casanova, José, 19n.73
Chief Rabbinate, 99, 104–5, 111–13, 155
Chief Rabbinical Council, 141
Christianity, 28–29, 55, 169–70
civil law
Cohn on, 123
early halakhic state concepts, 27, 35, 44, 47
European, 63
rabbinical courts jurisdiction, 157–59
Yisraeli on, 150 See also codification of law
Code civil (France), 117
Code civil (Switzerland), 90
codification of law
halakha, 94–95, 113–14, 116–21, 123
India, 91
Cohen, Isaac, 86–87
Cohn, Haim, 123
colonialism
authority of imperial rule, 91
British decolonization, 2
continued colonial control of Israel, 131–32
legal education and training, 90, 91–93
legal pluralism in, 12–13, 89–91, 95, 97
relationship to Zionism, 15
constitution, drafts of Israeli
failures of, 122–26
by Falk, 24–25
by Herzog, 72, 74–85, 122–23, 130
by Kohn, 8–9, 13n.55, 88–89, 122–23n.4, 124–25n.14
lack of constitution, 124–25
requirement for constitution, 94, 124
as secular, 72
by Va’ad Le’umi, 74
by Warhaftig, 130
Constitution for Israel According to the Torah (Herzog), 74–75
constitutions
Irish constitution, 87–89
religious constitutionalism, 87n.76
United States, 43–44
corporeal punishment, 64
Council of the Four Lands, 105n.23, 129
courts
ancient Israel, 68–70
arbitration, 69, 108–9, 157–58, 159–60
Muslim, 81–82n.48
Supreme Court of Israel, 109, 127–28, 133, 138–39, 156–57, 160–61
Syrian Courts, 39–40, 47–48 See also appeals, court of; Great Sanhedrin; judges; rabbinical courts; secular courts
covenant and free will, 43
criminal law
Bar-Ilan on, 114–16, 117, 118–20
during British Mandate, 90–91
Grodzinski on, 27–28
Herzog on, 62–63
the Ran on, 32
Yisraeli on, 150
Daikhovsky, Shlomo, 158
Declaration of Independence, 94, 124
democracy
American, 42–43
authority of the people, 33–34, 42, 143–44, 162
as compatible with theocracy, 75–79
conflict with halakhic state, 2, 8, 10–11, 15–16, 24–25, 27, 114–15, 169–70
historical precedents, 42–43, 142–47
parallels with monarchy, 143–46
in partition of Palestine, 11
in religious Zionism, 20, 142–47
de Tocqueville, Alexis, 42–43
de Valera, Éamon, 2, 4, 54, 73, 85–87
Dickstein, Paltiel, 60–61
differentiation, 17–18
dignity, human, 88
dina de-malkhuta dina (“the law of the land is the law”), 29–30, 142, 149–50
discrimination
and constitutional drafts, 8–9, 76–78, 81–85
in halakha, 10–11, 49, 92–93, 114–15
in halakhic state, 21–22, 35–36
protections in partition of Palestine, 11
divorce
in Ireland, 88
Margulies on, 37
rabbinical courts jurisdiction, 95–96, 99, 122–23, 124–25, 126
by refugees, 73–74
Druckman, Haim, 157
education, See legal education and training; religious education
egalitarianism
in Gorontchik, 38–39
in Margulies, 35–36
United Nations requirements, 46
in United States, 42–43
Women’s Equal Rights Law of 1951, 95–96, 126 See also discrimination
Eisenstadt, Shmuel, 60–61
“Eleventh Sermon” (Nisim of Gerona), 31–32, 48
Eliyahu, Mordekhai, 156
Elon, Menachem, 134
Erastianism, 78–79
Erastus, Thomas, 78–79
Eretz Hemdah, 159–60
European jurisprudence
comparisons to Jewish law, 51–52, 62–63, 70–71, 80–81
influence on codification, 113–14, 117
influence on modern rabbinical courts, 99, 104–5, 109
influence on new State of Israel, 94–98
influence on Zionism, 15–16, 93–95
legal centralism in, 66–67, 71, 90–91, 116, 118, 119
legal pluralism in, 28–29, 90–91
regulations vs. laws, 149
evolutionary theory
influence on Herzog, 52, 55–66, 85
influence on State of Israel, 125–26
and legal training, 91–93
tribal law, 68–69 See also legal centralism
Falk, Ze’ev, 24–25
family law, 58, 82, 84–85, 92–93, 126
Federbusch, Shimon, 41–44, 79n.38
Fischel, Harry, 120
Fishman-Maimon, Yehudah-Leib, See Maimon, Yehudah-Leib Fishman-
Foundations of Hebrew Law (Gulak), 60–61
Foundations of Law Act of 1980, 132n.48
France
influence on codification, 117
legal centralism, 67
women judges, 76–77n.25
freedom/free will, 43
Freimann, Abraham Haim, 93
Frumkin, Gad, 74
Gahelet, 16n.62
Gazit, 159–60
Geisser, Abraham, 160
Gentiles
Bar-Ilan on, 114–16
in codification project, 118–19
discrimination in halakha, 10–11, 49, 114–15
inclusion under halakha, 115–16
judges, 81–85
partnerships with, 82–83
protections for, 21–22, 35–36, 37, 38–39
Germany
influence on codification, 117
legal centralism, 67
legal education and training, 95n.112, 117
Ginsburg, Yitzchak, 164
Goadby, Frederic, 91–92
Gold, Raphael, 132
Goldman, Eliezer, 167
good, public, 165
Gorontchik, Shlomo (Goren), 37–41, 44, 46–49, 84–85, 128–29
Great Assembly, 80
Great Rabbinical Court, 105, 107, 108, 127–28, 136
Great Sanhedrin, 62–63, 68–70, 80, 100–4, 143, 144–46
Great Separation, 17–20
Griffiths, John, 12, 12–13n.50
Grodzinski, Haim Ozer, 26–28, 33, 44–45, 71
Gulak, Asher, 60–62, 65, 68–69
Gush Emunim movement, 7, 16n.62, 155
halakha
authority of, 10–11, 24, 28, 29, 36, 37, 61–62, 65–66, 162, 166–67
codification projects, 94–95, 113–14, 116–21, 123
comparisons to European law, 51–52, 62–63, 70–71, 80–81
as continuing goal, 22–23, 127–29, 140–42, 160–64
court reforms as counter to, 105–6, 107–8
defined, 1
discrimination in, 10–11, 49, 92–93, 114–15
independent interpretation of, 135
legal pluralism in, 3–4, 13–14, 25, 28–32, 67, 70
push for religious legislation, 122, 123–24, 131–32, 133–37
and restoration of Sanhedrin, 103–4
secular law justifications, 142–47
strategies for resolving tensions, 164–69
as superior, 58–66, 93 See also halakhic state; theocracy
as compatible with democracy, 75–79
conflicts with democracy, 2, 8, 10–11, 15–16, 24–25, 27, 44, 114–15, 169–70
discrimination in, 21–22, 35–36
and legal centralism, 67–71
as modern idea, 1–2, 3–4, 15, 25
resistance to, 8–11, 24, 122–26
restoration of Sanhedrin, 102–3
as unrealized, 21–22, 122–26 See also halakha
halitsah ceremony, 111–13
Ha-Po’el Ha-Mizrahi, 6, 7, 130, 132, 140–41
haredization, 155n.6
Harlap, Yaakov Moshe, 75–76
Harry Fischel Institute, 120, 121
Ha-torah veha-medinah (The Torah and the State), 140–42, 146, 150–51, 156
Hebrew Law Society, 60–61
hedyotot, 69
Hellenism vs. Hebraism, 56–58
Heller, Reuven, 160–61
Herzl, Theodor, 5
Herzog, Isaac
ability to compromise, 22–23, 164
on authority, 45–46, 65–66, 79–81, 83, 132, 138
as Chief Rabbi, 2, 4, 75–76, 106
codification project, 118, 120, 123
comparisons of Jewish law with European law, 51–52, 62–63, 70–71, 80–81
constitutional draft, 72, 74–85, 122–23, 130
dissertation, 53
early life, 52–54
enforcement of rabbinical courts records, 108
on Great Sanhedrin, 62–63, 68–70, 80, 103–4
Grodzinski correspondence, 26–28, 33, 44–45
influence of, 21–22, 50, 162, 164
influences on, 52, 55–66, 84–85, 89–90, 105n.23
on inheritance law, 146–47n.33
legal centralism in, 52, 66, 67–71, 76, 85–89, 127–29
legal pluralism, opposition to, 14, 44–47, 70–71
legal pluralism, pragmatic, 127–29
on polygamy, 112–13
prayer for State of Israel, 6
on secular courts, 81–82, 84–85, 125–26
on superiority of Judaism, 56–66
theocracy as compatible with democracy, 75–79
theocracy as ideal, 14, 24–25, 78–79
on women, 45, 76–77, 81–85, 126
Herzog, Yoel, 52–54
Hibat Zion movement, 5
Hillman, Samuel Isaac, 52–53n.3
Historical School, 67n.86
human dignity, 88
identity
of halakha, 135
and religious Zionism, 21, 124, 129–31, 133–34, 135
Independence Day celebrations, 163–64
independence movements, See nationalism; postcolonial movements
inheritance law, 45, 74–75n.12, 146–47n.33
intellect, 149n.41
Ireland
constitution, 87–89
independence, 2, 4, 53–54, 85–89
Jewish refugees in, 73
Islamic law, 28–29, 81–82n.48, 93
Israel, as term, 2–3n.7
Israel, State of
establishment of, 2
as term, 2–3n.7 See also constitution, drafts of Israeli; Knesset; secular state
Israel Defense Forces, 161–62
Isserles, Moses, 39–40
Jefferson, Thomas, 8n.33, 43–44, 169–70
Jewish Home, The, 7–8
Jewish Theocracy (Weiler), 24, 167
“John Selden and Jewish Law” (Herzog), 58–59
Josephus, 78–79
Joshua, 100n.3
Judaism
criticism of in evolutionary theory, 55–66
superiority of in Herzog, 56–66 See also halakha
judges
in ancient Israel, 68–70
in codification project, 118–19
Gentiles, 81–85
oaths, 133
rabbinical training institutes, 160
registration requirements, 105
jurisdiction of rabbinical courts, 122–23, 124–25, 126, 127–28, 157–59
Jurisprudence (Salmond), 62–63
Kalischer, Zvi Hirsch, 5
Karo, Joseph, 100n.3
kehilla, 30
Kelsen, Hans, 95n.112
ketubah marriage document, 111–12
kibbutz movement, 7
king’s law
and evolutionary theory, 55
Federbusch on, 41–42
Herzog on, 45–46, 48–49, 74–75n.12, 80–81
legal pluralism in ancient times, 31–32
as precedent for secular courts, 143–46
Ran on, 48 See also authority of king
Kister, Yitzhak, 97
Klinghoffer, Yitzhak, 134
Knesset
in ancient Israel, 69–70
on arbitration in rabbinical courts, 159
authority of, 134, 142, 147–53
push for religious legislation, 122, 133–37
rabbinic approval of legislation, 146–47
religious party representation, 3n.10
Warhaftig in, 130
Kohn, Leo, 8–9, 13n.55, 88–89, 122–23n.4, 124–25n.14
Kook, Abraham Isaac
appointment to Chief Rabbi, 105
on authority, 33–34, 40, 42, 143–44
influence of, 7, 16n.62, 34, 40
legal pluralism in, 33–34
on monarchy vs. democracy, 143–44
objections to Chief Rabbinate, 104–5
on rabbinical courts, 105–6
on rabbinic legislation, 111
rabbinic network concept, 101–2
on religious Zionism, 6
on restoration of Sanhedrin, 101, 103, 104
on women's right to vote, 76–77n.24
kosher certification, 122
Law and Administration Ordinance (1948), 124–25, 134
“Law and Justice in our State” (Bar-Ilan), 114–18
laws
inheritance law, 45, 74–75n.12, 146–47n.33
personal status laws, 95–96, 124–25, 126, 128
vs. regulations, 149–50
tribal law, 12–13, 55–56, 68–69, 91 See also civil law; criminal law; European jurisprudence; evolutionary theory; family law; halakha; legal centralism; legal pluralism; Roman law
League of Nations, 86
legal centralism
defined, 12
in early State of Israel, 95–98, 133
European, 66–67, 71, 90–91, 116, 118, 119
in Herzog, 52, 66, 67–71, 76, 85–89, 127–29
overview of, 11–15
in postcolonial movements, 14–15, 84–85, 89–90
and rabbinical courts, 99, 104–5, 106, 109–13, 127–29
in Warhaftig, 130–31, 135 See also legal pluralism
legal education and training, 90–93, 95n.112, 115, 160
legal fictions, 55n.16
legal lacunae, 132
legal pluralism
authority in, 7, 12, 13–14, 90–91, 127
Bar-Ilan on, 115–16
in British Mandate, 13, 90–91, 95, 97
in colonialism, 12–13, 89–91, 95, 97
and conflicts between systems, 40–41, 47
of Council of the Four Lands, 129
defined, 12
in Federbusch, 41–44
in Gorontchik, 37–41, 84–85, 128–29
in Grodzinski, 26–28, 33, 44–45, 71
Herzog's opposition to, 14, 44–47, 70–71
Herzog's pragmatic legal pluralism, 127–29
of historic halakha, 3, 13–14, 28–32, 70
Irish, 85–89
as justification for secular laws, 142
in Kook, 33–34
in Margulies, 34–37
Nisim of Gerona, 27–28, 31–32, 33, 36
overview of, 11–15
in State of Israel, 127–29, 132–33
as strategy going forward, 167–69
in Turkey, 90
in Warhaftig, 132–33, 135 See also legal centralism
legislation
by Chief Rabbinate, 111–13
laws vs. regulations, 149–50
legitimate vs. illegitimate, 148–53, 155–56
push for religious legislation, 122, 123–24, 131–32, 133–37
rabbinical approval of, 146–47
taqanot ha-aahal legislation, 30 See also Knesset
Leibowitz, Yeshayahu, 165–66
Levanon, Elyakim, 162–63
Levanon, Mordekhai, 110–11
levirate marriage, 111–13
limitation approach to secular state, 150–52
Lorberbaum, Menachem, 32n.37, 49n.104, 166–68
Luther, Martin, 169–70
MacRory, Joseph, 73
Mafdal (National Religious Party), 5
Maimon, Yehudah-Leib Fishman-, 102–3, 120
Maimonides, 32n.36, 83, 100n.3, 143, 144–45, 149n.41, 167–68
Maine, Henry James Sumner, 55–56, 68–69
Main Institutions of Jewish Law (Herzog), 54, 59–60, 61–66
Main Institutions of Roman Private Law, The (Buckland), 63
Maisky, Ivan, 73
mamlakhti term, 145
Mandate, See British Mandate
Margulies, Reuven, 34–37, 45–46
marriage
levirate marriage, 111–13
Margulies on, 37
mixed, 46
rabbinical courts jurisdiction, 99, 122–23, 124–25, 126
by refugees, 73–74
Meiri, Menahem, 39
Middle Ages, legal pluralism in, 12–13, 28–32
Milman, Henry Hart, 79
minority rights
in contemporary debate over halakha, 168–69
Gorontchik on, 38–39
Herzog on, 76–78
in Irish constitution, 87
Margulies on, 35–36, 37 See also Gentiles
Mishpat hamelukhah be-yisra’el (Federbusch), 41
Mishpat Ivri movement, 33n.37, 60–62, 93–94, 123
Mishpetei erets, 160
Mizrahi, 5, 6–7, 26–27, 34–35, 114 See also Ha-Po’el Ha-Mizrahi
modernity
halakhic state as modern idea, 1–2, 3–4, 15, 25
Orthodoxy as modern expression, 4n.14
religious Zionism as shaped by modern liberal state, 3–4, 20
and secularization, 17–20
monarchy
parallels with democracy, 143–46 See also authority of king; king’s law
morality of halakha, 44, 63–66, 70
Napoleonic Code, 67
nationalism
influence on Zionism, 4
rise of legal centralism, 14–15
uniqueness concept, 35
Zionism as nationalist movement, 2–3
Ne’eman, Yaakov, 1
Netanyahu, Benjamin, 17
Netziv, 114
Neumark, David, 57n.25
1948 Arab-Israeli War, 72
Nisim, Yitzhak, 156–57n.11
Nisim of Gerona, 27–28, 31–32, 33, 36, 45, 48–49, 167
Nissenbaum, Yitzhak, 6
nomocracy, 79–80
Nordau, Max, 9–10
oaths, judges, 133
Occupied Territories, 7–8, 16, 155, 161–63
Olshan, Yitzhak, 96
Omri, 144–45
On Democracy in America (de Tocqueville), 42–43
Oslo Agreements, 161–62
Ousiel, Benzion Hai, 76–77n.24, 125–26, 138, 139, 151
“Outlook of Greek Culture upon Judaism, The” (Herzog), 56–58
Oz, Amos, 6n.26
Palache, Haim, 151
Palestine
legal pluralism in, 26
partition of, 11, 26, 72, 76, 85–86
restrictions on Jewish immigration, 85–86n.69
as term, 2–3n.7 See also Occupied Territories
Palestine Royal Commission, 26
partnerships with Gentiles, 82–83
Passfield White Paper, 85–86n.69
Peel Commission, 26
personal status laws
conflicts with state, 135, 136
jurisdiction, 81–82, 95–96, 97, 124–25, 126, 128
philosophy
political theology vs. modern political philosophy, 18–19
vs. religion in Herzog, 57
phronesis, 149n.42
Poland, legal education and training, 95n.112
policy vs. law, 149
political theology vs. modern political philosophy, 18–19
possession, right of, 65
postcolonial movements
influence on halakhic state idea, 15–16
influence on Herzog, 84–85, 89–90, 105n.23
legal centralism in, 14–15, 84–85, 89–90
and legal training, 90
Principles of the English Law of Contract (Anson), 62–63
privatization, 17–18
Procaccia, Ayala, 157–58
Provisional State Council, 124–25
publications of rabbinical court rulings, 99, 105–6, 109–11
public good, 165
punishment, See penalties
qabalah (acceptance), 142
rabbinical courts
appeals in, 4, 99, 105–6, 107–9
arbitration in, 108–9, 157–58, 159–60
authority of, 95–96, 108–9, 110, 126, 127, 128, 132–33, 136, 157
creation of modern, 99
critiques of, 105–6
European influence on, 99, 104–5, 109
in Gorontchik, 84–85
Great Rabbinical Court, 105, 107, 108, 127–28, 136
Great Sanhedrin as model for, 100–4
jurisdiction, 122–23, 124–25, 126, 127–28, 157–59
and legal centralism, 99, 104–5, 106, 109–13, 127–29
during Mandate, 90–91, 95, 105–6
as parallel system, 162–63
private, 159–60
publication of rulings, 99, 105–6, 109–11
reforms, 104–21
rules of procedure, 99, 105, 106–8
secular control of, 157–59
rabbinical training institutes, 160
rabbinic transmission, 100n.3
Rabin, Yitzhak, 7, 16–17, 161–62
Rabinowitz-Te’omim, Binyamin, 118–19n.71, 120–21, 123
Ran, See Nisim of Gerona
Rashba, 30–31
Ravitzky, Aviezer, 167
records of rabbinical court rulings, 99, 105–6, 108
regulations vs. laws, 149–50
Reinach, Théodore, 57n.25
Reines, Yitzhak Yaakov, 6
religion vs. philosophy in Herzog, 57
religious constitutionalism, 87n.76
religious education, 122–23, 127
Reynolds v. United States (1878), 8n.33, 43–44n.76
Ribash, 47n.94
Roman law, 59–60, 62–63, 64, 65–66, 67n.86
Rubinstein, Amnon, 154
“sacred rebellion” concept, 5–6
Salmond, John, 62–63
Sanhedrin, See Great Sanhedrin; Small Sanhedrin
Savigny, Friedrich Carl von, 55, 67n.86
Schmitt, Carl, 18–20
secular courts
control of rabbinical courts, 157–59
Herzog on, 81–82, 84–85, 125–26
Ousiel on, 125
precedents for, 142–47
the Ran on, 32
resistance to, 126, 148, 149–50, 151–52, 156–57
use by rabbis, 156–57n.11
secularization and modernity, 17–20
secular state
contemporary resistance to, 161–64
Herzog's reaction to, 125–26, 138–39
illegitimate vs. legitimate use, 147–53, 155–57
Knesset, resistance to, 147–53, 155–57
limitation approach to, 150–52
precedents for secular law, 142–47
prohibitions on secular courts, 149–50, 151–52, 156–57
push for halakha in journals, 140–42
push for religious legislation, 122, 123–24, 131–32, 133–37
resistance rhetoric, 129–37
strategies for resolving tensions, 164–69
Segal, Yehudah, 152
Selden, John, 58–59
semikhah, 100n.3
separation of church and state, 8, 9, 43–44, 114, 165, 169–70
separation of powers, 32n.35
Sephardim
and polygamy, 111–12
and rabbinic legislation, 111–13
Sephardic independence, 112–13
Sephardic legacy, 92–93
settlements, 7, 16, 155, 161–63
Shapira, Avraham, 118–19n.71, 119–20, 155–56
Shilo, Shmu’el, 61n.53
Shragai, Shlomo Zalman, 6–7, 103
Skornik v. Skornik, 96
Small Sanhedrin, 68
Smotrich, Bezalel, 160–61
Sokolow, Norman, 86
Solomon ibn Adret, 30–31
sophia, 149n.42
sovereignty
in Goadby, 91–92
in Irish nationalism, 87
of Moses, 78–79
in religious Zionism, 20
in Spinoza, 78–79 See also authority
Spinoza, Baruch, 78–79
“status-quo agreement,” 115n.63, 122–23
Straus, Oscar, 79–80
supersessionist theology, 55
Supreme Court of Israel, 109, 127–28, 133, 138–39, 156–57, 160–61
Swiss jurisprudence, 90, 120–21
Tal, Shmuel, 163–64
Talmud
ad hoc courts in, 69
appeals in, 105n.23
authority of non-rabbinical leaders, 30
legal pluralism in, 29–30n.16
Syrian Courts in, 39–40
taqanot ha-aahal legislation, 30
Tel Aviv–Jaffa rabbinical court, 106, 107–9
Temple, 64–65
Ten Commandments, 134
Tequmah, 160–61
Territories, Occupied, See Occupied Territories
theocracy
as compatible with democracy, 75–79
conflict with democracy, 2, 8, 10–11, 15–16, 169–70
as term, 1–2, 14, 24–25, 78–79 See also halakhic state
Thibaut, A. F., 67n.86
tribal law, 12–13, 55–56, 68–69, 91
Turkey, shift to legal centralism, 90 See also Ottoman empire
Ultra-Orthodox population, 155, 162
uniqueness
concept in nationalism, 35
of Jewish law, 62–63
United States
constitution, 43–44
egalitarianism, 42–43
pressure for halakhic state, 132
separation of church and state in, 8, 43–44, 169–70
women judges, 76–77n.25
United Torah Judaism, 159
Va’ad Le’umi, 11, 74, 106, 130
violence, 7, 16, 17–18, 154n.4
Warhaftig, Itamar, 74–75
Warhaftig, Zerah, 9, 74, 105n.23, 109, 110–11, 130–37
Way of Life Movement, The, 164
Williams, Roger, 169–70
Witkon, Alfred, 96
women
in codification project, 118–19
in contemporary debate over halakha, 168–69
discrimination in halakha, 10–11, 49, 92–93, 114–15, 168–69n.66
disenfranchisement attempts, 10–11, 76–77n.24
Gorontchik on, 38–39
Herzog on, 45, 76–77, 81–85, 126
inheritance law, 146–47n.33
protections in halakhic state concepts, 21–22, 36, 38–39
Women’s Equal Rights Law of 1951, 95–96, 126
Yemenite Jewish community, 111–12, 112–13n.52
Yisraeli, Shaul, 141–42, 143–46, 148–51, 159–60
Yosef, Ovadiah, 112–13, 156–57
Yosef, Yitzhak, 156–57
Zionism
and colonialism, 15
history of, 5–8
influence of European jurisprudence on, 93–95
and Irish republicanism, 2, 53, 87
and Jewish refugees, 73–74
nationalism, influence of, 4
as nationalist movement, 2–3
symbols, 61
Zionism, religious
codification projects, 113–14, 116–21
effect on contemporary Israel, 16, 154–56, 160–64
erosion of compromise, 162–64
focus on Occupied Territories, 7–8, 155
and Great Sanhedrin, 100–4
and Great Separation, 19–20
halakha as continuing goal, 22–23, 127–29, 140–42, 160–64
history of, 5–8
and identity, 21, 124, 129–31, 133–34, 135
motivation levels, 127n.25
of national leaders, 161–62
prohibitions on secular courts, 149–50, 151–52, 156–57
push for religious legislation, 122, 123–24, 131–32, 133–37
resistance to Knesset, 147–53, 155–57
resistance to secular state, 129–37, 161–64
role in independence, 3
as shaped by modern liberal state, 3–4, 20
as term, 5
types of, 5–8
and violence, 7, 16, 154n.4 See also legal centralism; legal pluralism
Zionist National Council, 93
Zmoira, Moshe, 138