The harsh sentence handed down to Yad Sara founder and Jerusalem Mayor Uri Lopliansky has, as expected, drawn quite a few reactions. In a rare, perhaps even historic, manner, the countless reactions have taken on a uniform content: all of them attack the harsh verdict and express in one way or another that the standard of justice has fallen short of the standard of law.<\/p>\r\n
Many jurists, and even journalists who are not suspected of being heartbroken, such as Shahar Ilan and Yoav Yitzhak, sharply criticized Judge David Rosen's harsh ruling.<\/p>\r\n
In this column, I do not want to address the legal aspect of the ruling, but rather a small paragraph from it that reveals something of the spirit of the judge who sat on the case.<\/p>\r\n
The judge ruled that although Lupo did not take the money into his pocket, the bribe money was used to increase his power, as he was awarded high public positions thanks to his work with Yad Sara, who is his soul. The judge emphasized Lupolianski's closeness to Rabbi Shalom Yosef Elyashiv, thanks to this activity. "The bribe money did not end up in his pocket, but it was priceless to him," Rosen added.<\/p>\r\n
This statement reveals the foundations of the judge's view that there is no such thing as doing something for the sake of God. The idea of \u200b\u200bkindness for the sake of kindness simply does not resonate with Mr. David Rosen.<\/p>\r\n
What is being conveyed to us here in Judge Rosen's 'subtext'? To me, there is a statement here that has enormous legal importance that no one has paid attention to: The reasonable person test (so beloved of Judge Barak) depends on the fundamental values \u200b\u200bwith which the person sitting on the bench was raised. If a person sits on the bench whose fundamental values \u200b\u200bare so different, and in some cases even distorted, illogical, and non-normative, the actions of the accused are of no importance.<\/p>\r\n
The case of Lupolianski is an excellent paradigm for this distinction. In Judge Rosen's world, every action is intended to serve its cause. The activity of kindness for its own sake, which constitutes a founding value in religious thinking, is simply unfamiliar to the reasonable person who was not raised on religious values. He simply does not know any other way. He truly fails to internalize that 'pure kindness' exists. And hence he is harsher in punishing those who do not act according to the fundamental values \u200b\u200bin which he, the judge, believes.<\/p>\r\n
The real war, then, should be prohibited not on the basis of taking bribes, or even on the reduction of the sentence for the head of "Yad Sarah", but on the fundamental assumptions underlying general education, which turns out to be so different from traditional Jewish education.<\/p>\r\n
These distorted fundamental values \u200b\u200bthat underlie the judge's ruling are the root of all evil and lead to governmental corruption.<\/p>\r\n
They should be rooted out. Not donations to a charitable organization whose sole purpose is to help people.<\/p>","protected":false},"excerpt":{"rendered":"The mistake of the judge who sent Lupolianski to six years in prison is not only legal - it is moral. In his ruling, Rosen revealed the fact that he is unable to comprehend that a person would establish institutions of charity for the sake of God and not for his own personal benefit.","protected":false},"author":8,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[138],"tags":[3193,1117,556,1212,486],"class_list":["post-39333","post","type-post","status-publish","format-standard","hentry","category-138","tag-3193","tag-1117","tag-556","tag-1212","tag-486"],"acf":[],"yoast_head":"\n