Separation of Powers and Majority Rule: Insights from the Talmud, Maimonides, Spinoza, and Mendelssohn

This article was written and accepted for publication in the summer of 5783/2023 and scheduled to appear after the holidays. Because of the outbreak of Israel’s “Iron Swords” war with Ḥamas following the murderous attack on Israel on Shabbat/Simḥat Torah (7 October, 2023), we agreed that publication needed to be postponed. Now, five months into the war with no end in sight, we are nevertheless witness to renewed political tensions, public demonstrations, disagreements and paralysis in appointing judges and the President of the Supreme Court, together with resumption of talk of the “judicial reform.” Despite the continuing tragedy of the war in the south and warfare in the north, a review of how our sources treat the separation of powers and majority rule may help us avoid repeating some of the mistakes of the pre-war political and ideological divisions in Israel and contribute to a more reasoned consideration of the issues.

The Challenges of the Gaza War and Growing Antisemitism

Yosef Blau, Senior Mashgiah Ruhani at Yeshiva University, wonders about the direction of Religious Zionism after October 7 and considers the role of Modern Orthodoxy outside of Israel.

There Are No Lights in War: We Need a Different Religious Language

A growing list of dati le’umi leaders and thinkers frame war as a desirable state and even an opportunity for spiritual elevation. Religious Israeli activist Ariel Shwartz traces this trend with alarm and argues that it contradicts deep-rooted Torah values. Translated by Mordechai Blau.

My War Diary

This war diary, presented by Susan Weingarten, relates her experience in a kibbutz on the Gazan border on October 7th and the days following her return to Jerusalem after the Hamas massacre.

The Yom Kippur War and Yeshivat Har Etzion: Letters from a Talmid

On the occasion of the 50th anniversary of the Yom Kippur War, published here are excerpts from letters of an American student studying in Israel in 1973. These letters, written during and immediately after the war, shed light on Yeshivat Har Etzion in its formative years and the lasting impact of the Yom Kippur War.

(IN)VISIBILITY: Is it good for Jews to be invisible?

As Juneteenth sparks another round of discussion of blacks and the American experience, Chaim Trachtman compares and contrasts the Jewish and Black experiences in America through the lens of Jason Mott’s Hell of a Book.

One Life to Live: Torah u-Madda Today

Sarah Rindner contemplates whether Torah u-Madda as it’s sometimes interpreted can engender unreflective allegiance to trends in contemporary society that might harm our religious communities.

The “Judeo-Christian” Tradition at Yeshiva

Yisroel Ben-Porat offers historical, hashkafic, and personal reflections on what’s often called the “Judeo-Christian” tradition and whether a Torah u-Madda outlook can embrace the study of Christianity.

Jewish Anarchism: The Forgotten Legacy of Orthodoxy’s Radical Politics

In an enlightening new essay, Ilan Fuchs reviews Hayyim Rothman's recent book, No Masters but God: Portraits of Anarcho-Judaism, and uncovers what some of the most radical 19th century Orthodox political thinkers had to say about religion, statehood, and Jewish utopia.

“Justice has not Been Done”: Officer Immunity and Accountability in Jewish Law (Part 2)

David Polsky meticulously explores officer immunity in Halakha and compares it with the American legal standard of qualified immunity.