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How the Bible anticipated Israel’s fight over the judiciary
(JTA) — For those following the judicial reform crisis in Israel, this week’s Torah portion is almost too on the nose.
For months now, Israel has been convulsed by protests in response to a plan by Prime Minister Benjamin Netanyahu to “reform” Israel’s Supreme Court by stripping it of much of its powers of oversight and shifting the balance of power heavily in favor of the legislature. Defenders of the reform call it a corrective measure meant to rein in a high court that too often flouts the will of the democratically elected Knesset. Critics see it as an assault on democracy — particularly in removing the checks and balances that are the hallmarks of Western democracy — and even on biblical principles.
Many of those principles are found in Parashat Shoftim, part of a long section of legal instructions given by Moses to the people of Israel. Among other things, it sets up three seats of power: a king, a judiciary and a sort of proto-legislature.
Here’s what Moses says about the judiciary in the first words of the portion: “You shall appoint magistrates and officials for your tribes, in all the settlements that your God is giving you, and they shall govern the people with due justice.”
The executive branch comes next. The people are given permission to set a king over themselves, “one chosen by your God.” Not exactly a democracy, but there is at least a presumption that the people can decide if they want a king in the first place.
The portion doesn’t explicitly describe what we would call a legislature or elected body of lawmakers, but various commentators say it is implied by the creation of a priestly class. Rabbi Lawrence Hoffman notes that the priests were “a legislature of sorts,” who could interpret old laws to derive new ones, much as the rabbis of the Talmud would derive new laws based on biblical precedents.
This is the three-legged stool described in Shoftim: an independent judiciary, a divinely sanctioned king and a class of lawmakers. And because the portion is keenly aware of the potential for the abuse of power, it immediately puts limitations on all three.
“You shall not judge unfairly,” the magistrates and officials are told. “You shall show no partiality; you shall not take bribes, for bribes blind the eyes of the discerning and upset the plea of the just.”
The king can’t keep a stable of horses, a harem of wives or a trove of silver and gold, all marks of privilege that suggest a ruler is out of touch with his people. And perhaps most importantly, he can’t sit on his throne without a copy of the Torah close by — a reminder that a king’s authority derives from somewhere beyond and higher than himself. The Torah also is the moral and legal foundation of the society, and accessible to all. “It is this Torah which reminds him that, even though he is a king with tremendous power over others, underneath his robes he is just a human being who struggles like every human being to gain and maintain control over himself,” writes Hadar’s Dena Weiss.
The priests too are constrained. Their whole tribe, Levi, is the only one not given a territory within Israel, and is essentially supported by a system of tithes imposed on the other tribes. This has always reminded me of the decision to put the U.S. capital in its own district: The founders worried that, if placed in one of the states, the federal government “might be insulted and its proceedings interrupted with impunity,” as James Madison put it.
Judaism, wrote the late Rabbi Jonathan Sacks, “is an argument for the limitation, secularization and transformation of power.” The genius of this week’s portions lies in a sort of pragmatic cynicism: It understands how power corrupts, how easily judges might be swayed, how kings might put self-interest ahead of the will of the people, how lawmakers are vulnerable to special interests. It not only sets up a system of checks and balances, but reminds all of the stakeholders that they answer to a higher authority. The Torah calls it God. The American system invokes “the consent of the governed.” “Consequentialists” derive it from the “common good” or “moral values.”
You should probably be wary of relying on the Bible as a guide to contemporary politics. You can probably find evidence for any political idea or decision in its pages, and plenty of people have. And the fight over the judiciary is in part a fight to keep the state more secular and less religious.
But as a piece of political wisdom, Shoftim is hard to beat.
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The post How the Bible anticipated Israel’s fight over the judiciary appeared first on Jewish Telegraphic Agency.
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Iran, US Task Experts to Design Framework for a Nuclear Deal, Tehran Says
Atomic symbol and USA and Iranian flags are seen in this illustration taken, September 8, 2022. Photo: REUTERS/Dado Ruvic/Illustration/File Photo
Iran and the United States agreed on Saturday to task experts to start drawing up a framework for a potential nuclear deal, Iran’s foreign minister said, after a second round of talks following President Donald Trump’s threat of military action.
At their second indirect meeting in a week, Foreign Minister Abbas Araqchi negotiated for almost four hours in Rome with Trump’s Middle East envoy Steve Witkoff, through an Omani official who shuttled messages between them.
Trump, who abandoned a 2015 nuclear pact between Tehran and world powers during his first term in 2018, has threatened to attack Iran unless it reaches a new deal swiftly that would prevent it from developing a nuclear weapon.
Iran, which says its nuclear program is peaceful, says it is willing to discuss limited curbs to its atomic work in return for lifting international sanctions.
Speaking on state TV after the talks, Araqchi described them as useful and conducted in a constructive atmosphere.
“We were able to make some progress on a number of principles and goals, and ultimately reached a better understanding,” he said.
“It was agreed that negotiations will continue and move into the next phase, in which expert-level meetings will begin on Wednesday in Oman. The experts will have the opportunity to start designing a framework for an agreement.”
The top negotiators would meet again in Oman next Saturday to “review the experts’ work and assess how closely it aligns with the principles of a potential agreement,” he added.
Echoing cautious comments last week from Supreme Leader Ali Khamenei, he added: “We cannot say for certain that we are optimistic. We are acting very cautiously. There is no reason either to be overly pessimistic.”
There was no immediate comment from the US side following the talks. Trump told reporters on Friday: “I’m for stopping Iran, very simply, from having a nuclear weapon. They can’t have a nuclear weapon. I want Iran to be great and prosperous and terrific.”
Washington’s ally Israel, which opposed the 2015 agreement with Iran that Trump abandoned in 2018, has not ruled out an attack on Iran’s nuclear facilities in the coming months, according to an Israeli official and two other people familiar with the matter.
Since 2019, Iran has breached and far surpassed the 2015 deal’s limits on its uranium enrichment, producing stocks far above what the West says is necessary for a civilian energy program.
A senior Iranian official, who described Iran’s negotiating position on condition of anonymity on Friday, listed its red lines as never agreeing to dismantle its uranium enriching centrifuges, halt enrichment altogether or reduce its enriched uranium stockpile below levels agreed in the 2015 deal.
The post Iran, US Task Experts to Design Framework for a Nuclear Deal, Tehran Says first appeared on Algemeiner.com.
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Hamas Says Fate of US-Israeli Hostage Unknown After Guard Killed in Israel Strike
Varda Ben Baruch, the grandmother of Edan Alexander, 19, an Israeli army volunteer kidnapped by Hamas, attends a special Kabbalat Shabbat ceremony with families of other hostages, in Herzliya, Israel October 27, 2023 REUTERS/Kuba Stezycki
Hamas said on Saturday the fate of an Israeli dual national soldier believed to be the last US citizen held alive in Gaza was unknown, after the body of one of the guards who had been holding him was found killed by an Israeli strike.
A month after Israel abandoned the ceasefire with the resumption of intensive strikes across the breadth of Gaza, Israel was intensifying its attacks.
President Donald Trump’s envoy Steve Witkoff said in March that freeing Edan Alexander, a 21-year-old New Jersey native who was serving in the Israeli army when he was captured during the Oct. 7, 2023 attacks that precipitated the war, was a “top priority.” His release was at the center of talks held between Hamas leaders and US negotiator Adam Boehler last month.
Hamas had said on Tuesday that it had lost contact with the militants holding Alexander after their location was hit in an Israeli attack. On Saturday it said the body of one of the guards had been recovered.
“The fate of the prisoner and the rest of the captors remains unknown,” said Hamas armed wing Al-Qassam Brigades’ spokesperson Abu Ubaida.
“We are trying to protect all the hostages and preserve their lives … but their lives are in danger because of the criminal bombings by the enemy’s army,” Abu Ubaida said.
The Israeli military did not respond to a Reuters request for comment.
Hamas released 38 hostages under the ceasefire that began on January 19. Fifty-nine are still believed to be held in Gaza, fewer than half of them still alive.
Israel put Gaza under a total blockade in March and restarted its assault on March 18 after talks failed to extend the ceasefire. Hamas says it will free remaining hostages only under an agreement that permanently ends the war; Israel says it will agree only to a temporary pause.
On Friday, the Israeli military said it hit about 40 targets across the enclave over the past day. The military on Saturday announced that a 35-year-old soldier had died in combat in Gaza.
NETANYAHU STATEMENT
Late on Thursday Khalil Al-Hayya, Hamas’ Gaza chief, said the movement was willing to swap all remaining 59 hostages for Palestinians jailed in Israel in return for an end to the war and reconstruction of Gaza.
He dismissed an Israeli offer, which includes a demand that Hamas lay down its arms, as imposing “impossible conditions.”
Israel has not responded formally to Al-Hayya’s comments, but ministers have said repeatedly that Hamas must be disarmed completely and can play no role in the future governance of Gaza. Israeli Prime Minister Benjamin Netanyahu is scheduled to give a statement later on Saturday.
Hamas on Saturday also released an undated and edited video of Israeli hostage Elkana Bohbot. Hamas has released several videos over the course of the war of hostages begging to be released. Israeli officials have dismissed past videos as propaganda.
After the video was released, Bohbot’s family said in a statement that they were “deeply shocked and devastated,” and expressed concern for his mental and physical condition.
“How much longer will he be expected to wait and ‘stay strong’?” the family asked, urging for all of the 59 hostages who are still held in Gaza to be brought home.
The post Hamas Says Fate of US-Israeli Hostage Unknown After Guard Killed in Israel Strike first appeared on Algemeiner.com.
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Oman’s Sultan to Meet Putin in Moscow After Iran-US Talks
FILE PHOTO: Sultan Haitham bin Tariq al-Said gives a speech after being sworn in before the royal family council in Muscat, Oman January 11, 2020. Photo: REUTERS/Sultan Al Hasani/File Photo
Oman’s Sultan Haitham bin Tariq al-Said is set to visit Moscow on Monday, days after the start of a round of Muscat-mediated nuclear talks between the US and Iran.
The sultan will hold talks with Russian President Vladimir Putin on Tuesday, the Kremlin said.
Iran and the US started a new round of nuclear talks in Rome on Saturday to resolve their decades-long standoff over Tehran’s atomic aims, under the shadow of President Donald Trump’s threat to unleash military action if diplomacy fails.
Ahead of Saturday’s talks, Iranian Foreign Minister Abbas Araqchi met his Russian counterpart Sergei Lavrov in Moscow. Following the meeting, Lavrov said Russia was “ready to assist, mediate and play any role that will be beneficial to Iran and the USA.”
Moscow has played a role in Iran’s nuclear negotiations in the past as a veto-wielding U.N. Security Council member and signatory to an earlier deal that Trump abandoned during his first term in 2018.
The sultan’s meetings in Moscow visit will focus on cooperation on regional and global issues, the Omani state news agency and the Kremlin said, without providing further detail.
The two leaders are also expected to discuss trade and economic ties, the Kremlin added.
The post Oman’s Sultan to Meet Putin in Moscow After Iran-US Talks first appeared on Algemeiner.com.