The Knesset plenum on Wednesday approved a bill in a preliminary reading transferring exclusive authority to the Chief Rabbanut to determine what constitutes “desecration” at Jewish holy sites—foremost among them the Kosel—while explicitly limiting the Supreme Court’s jurisdiction on the matter.
The bill, proposed by Noam chairman Avi Maoz, is an amendment to the preexisting Protection of Holy Places law. It was approved with the support of 56 MKs versus 47 who opposed it.
The explanatory notes claim that over the years, the judicial interpretation of the term “desecration” has expanded in a way that allowed the Supreme Court to decide on distinct halachic questions, contrary to the intent of legislators when the original law was enacted following the Six-Day War.
MK Maoz welcomed the approval, stating, “Today, the Knesset placed a clear limit on Supreme Court intervention regarding the kedusha of the Kotel. It is unacceptable for a court to decide what constitutes desecration at the holiest site for the Jewish people. The law restores authority to its natural and proper place—the Chief Rabbanim of Israel. This is a moral, national, and historic step.”
The Shas party stated: “We voted for and approved the law preserving the kedusha of the Kotel, against attempts to degrade and violate long-standing customs. Shas will continue to defend the Jewish people’s holiest site and prevent Reform movements from undermining and desecrating sacred traditions.”
Justice Minister Yariv Levin added: “The Knesset told the Supreme Court—enough. I call to complete the legislation to end Supreme Court intervention in the management of the Kosel.”
The Noam party clarified it intends to quickly advance the bill through the remaining legislative stages in order to complete final approval during the current Knesset session.
The vote on the bill comes after Supreme Court justices Yitzchak Amit, Noam Sohlberg, and Daphne Barak-Erez ordered the state to implement a plan to transform the Ezrat Yisrael plaza into a permanent prayer plaza of roughly 900 square meters—about 70% the size of the main men’s plaza.
According to the plan, the area will be paved with permanent stone, expanded to directly adjoin the main Kosel area, and mixed-gender prayer without a mechitza will be allowed at the site. Management of the area would be entrusted to the Reform and Conservative movements—funded by the state at a cost of millions of shekels annually.
(YWN Israel Desk—Jerusalem)
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6 Responses
Nice, but it will make no difference. The court will be left to decide whether to:
1. Issue a ruling that the Knesset isn’t authorized to limit the authority of the Bagatz.
2. Declare the rulings of the Rabbanut itself to be subject to “review” by Bagatz.
3. Rule that any rulings of the Rabbanut that go against the “basic law” of “equality” are automatically null and void.
Or some combination of the above…
Stupid law. This will not end well.. It’s illegal and discrimination.. Anyone who wants to pray at the site is allowed to… It’s been like that for years and no one cared… As a Jew, I’m highly offended by this. 😡
Next, the Knesset should pass legislation removing authority from the Supreme Court to invalidate legislation not in direct violation of Basic laws, or via the open-ended ‘reasonableness’ doctrine, which has given the Court unchecked power.
Ezzy, no one is kicking anyone out, so it’s not discrimination. It’s only a matter of whether men and women can pray together. There is no discrimination there. It’s a matter of standards. It’s like having a dress code at a restaurant.
@Yaakov Yosef. The question is whether the Supreme Court will choose to fight on this issue as well. People are NOT happy with the Supreme Court running this country. So they won’t necessarily want to fight on everything. It’s just a matter of time before people stop listening to the Supreme Court entirely. The day is coming. It’s in the Shmona Esrei (hashiva shofteinu kivatchila). The chareidim are already showing the Supreme Court is irrelevant by ignoring their edicts about the army. I hope it continues, and people see that the Supreme Court is just a paper tiger.
@Ezzy, yes “Anyone who wants to pray at the site is allowed to” but based on halachic guidelines and restrictions.
Besides, as the Reform DO NOT BELIEVE in the holiness, purpose and historic importance of the Bais Hamikdosh and the Kosel, AS THEY STATED NUMEROUS TIMES, they just SEEKING RECOGNITION and for that purpose want to build a reform temple at the most holy and central site to Judaism.
THE NEW LAW MAKES IT CLEAR; REFORM CANNOT ABUSE THE HOLINESS OF THE KOSEL FOR THEIR PROPAGANDA PURPOSES!
@Yaakov Yosef: you are right, the kangaroo court dictators will likely play a game on this matter – BUT LIKE ON OTHER ISSUES, I HOPE THE GOVERNMENT WILL SHOW THEM THE DOOR AND SAY: ENOUGH IS ENOUGH AND IGNORE THEM.