Caselaw

Criminal Appeal 4596/05 Rosenstein v. State of Israel P.D. S(3) 353 - part 84

November 30, 2005
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(2)    As for reciprocity, it is not superfluous to mention that in law by its very nature, moral norms intervene and sometimes they rise to the level of legal obligation.  See H.  Pisam Charity as a Legal Norm - Alimony from the Law of Charity in Jewish and Israeli Law [8].  Law is perceived as one of the attributes of the Holy One, blessed be He, as a kindness and as truth (R.  Yerucham Leibowitz, mashgiach of the Mir Yeshiva in the 1920s and 1930s, Wisdom and Morality A.  233 [9]).  As far as relations with non-Jews are concerned, the regulation of peaceful ways, which is also based on a moral approach, imposes on Israel various obligations towards non-Jews (providing for their poor, visiting their sickness, burying their dead, comforting their mourners; see Tosefta Gittin 3:13 [10]; Gittin 61:1 [11]"We provide for the poor of the Gentiles with the poor of Israel, and we visit the sick of the Gentiles with the sick of Israel, and we bury the sick of the Gentiles with the sick of Israel, because of the ways of peace." See also Rambam, Hilkhot Matanot Aniyim 7:7 [12]; Rambam, Laws of Mourning, 14:12 [13]; The Appeals Committee of Judea and Samaria, Shela, 9 [14]; Name, 667:1 [14].  This is in order to prevent discrimination and not to become hostile

 

and a fight; Here we should mention the responsum of R.  Moshe Feinstein (Responsa Iggerot Moshe, Orach Chayyim, 4:99 [15]) in which it is necessary, in order to prevent enmity, the authority given to a Jewish physician to desecrate Shabbat for the purpose of healing non-Jews, and the danger of this enmity is great, as he puts it, "even from the point of view of the publication of news by the newspapers as soon as what is done throughout the world," and therefore it must be permitted.  See also Rav Dr.  A.  Hilwitz, "For the explanation of the sugya 'Because of the Ways of Peace' in relation to the gentiles" [16], on p.  30-3 and the sources cited there, as he says: "When the gentiles see that Israel is handling these matters for Israel, who are in need, and they are discriminated against, the nations will be full of enmity toward Israel...  The main reason for enmity is not out of fear, but rather in order to establish an order of peace in the world" (p.  22), and below: "...  In order not to cause enmity and quarrel between every son of Noach and a person of Israel, this too is the correction of the world" (ibid., p.  67).  In this context, the ways of peace with the United States are mutual, and this strengthens the conclusion that has been drawn.

  1. As stated, I attach my opinion to the opinion of my friends.

It was decided, as stated, in the judgment of Judge A.  E.  Levy.

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