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Rabbis Call On Government To Roll Back The Powers That The High Court Has Usurped For Itself


In wake of the impending evacuation of the Netiv HaAvot community in Gush Etzion under a High Court order, the Rabbinical Congress for Peace has called on the Netanyahu government to “use the legislative process to roll back the extensive powers that the High Court of Justice has usurped for itself.”

The rabbis emphasized that besides the injustice being committed against the 15 families who are being chased out of their homes, it also endangers all citizens of Israel for this will embolden the terrorists to increase their terror attacks.

A statement from the organization reads as follows:

“There is a definitive ruling (Orach Chaim Chapter 329) that states explicitly if foreigners want to enter a Jewish community for whatever reason it may be one is obligated to prevent them from doing so even if it means desecrating the Sabbath because it will lead to a matter of life or death. One small concession will lead to another concession and will only embolden their terroristic intentions through whatever means possible, legally, politically and violence.”

The rabbis stated that precisely during this time when terrorism has lifted its ugly head one should strengthen our presence in every part in Israel because any withdrawal however minor it may be encourages the terrorists to carry out more of their murderous attacks. “Not one inch” is not merely a slogan but is a true Halachic axiom which has proven itself over and over again.

Rabbi Joseph Gerlitzky, the Chairman of the RCP and Rabbi of Central Tel Aviv, stated ”It is crystal clear to everyone , even to the Leftists, that uprooting whole houses, some of which contain only one problematic meter, is illogical and brutal.

“The reason that the extreme Left and the Supreme Court have decided to side with our enemies to destroy Jewish houses is because they know that this will serve as a precedent to evacuate more houses and to force Israel by the “might of the legal system” to de facto withdraw from Judea and Samaria. They have realized that this can’t be done by promoting a “false peace agreement” so they are now following a new scheme,” if we don’t stop this now it will prove irreparably disastrous, said Rabbi Gerlitzky.

Rabbi Avrohom Shmuel Lewin, Executive Director of the RCP announced that his organization will wage a fierce legal struggle to prevent the brutal evacuation of Netiv Haavot and destruction of their homes.

“It is incumbent upon the government of Israel to work through the legislative process to democratically roll back the extensive powers that the High Court of Justice usurped for itself,” said Rabbi Lewin.

(YWN Israel Desk – Jerusalem)



2 Responses

  1. Conveniently, the article fails to mention the legal basis for the Court’s oders and the jurisdictional basis for asserting authority in this matter. Invoking hyperbole such as “brutal” and citing to some inyan of halacha in a civil matter only makes their argument less credible.

  2. > Gadolhadorah
    So instead of giving the “Peace Now” version, let’s see what rational sources state.
    First, it seems that the houses (or some of them) that are slated for demolition have something like one meter of land that is claimed to be private land. So instead of compensation to the alleged private owner of one meter, entire structures are demolished. I suppose that is why it is called the High Court of “Justice” (because no authentic Law system would do such a thing).
    One also wonders that with all the publicity about the alleged Russian interference in the alleged American election, why there is no such outcry and special counsel appointed for the interference by foreign countries in the Israeli Democratic and judicial process (foreign countries paid for all this judicial activism).
    Then there are the archaeological artifacts dating back apparently to the bronze age (early Biblical times) that are in the path of destruction by the technology being used to raze the buildings.
    As for the citing of halacha, why wouldn’t a country who Basic Law states it is Jewish use halacha? In fact, how could it NOT use halacha? But in any case the point is historical, showing that those with actual historical experience through the centuries are telling it the way it is.

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