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Psak of the Beis Din: Gafne Not Responsible for the Disengagement


gafneThe beis din of HaGaon HaRav Nissim Karelitz Shlita has ruled that MK (Yahadut Hatorah) Rav Moshe Gafne is not responsible for the implementation of the Disengagement Plan, the expulsion of Jews from Gaza and N. Shomron in the summer of 2005.

A number of former Gush Katif families have targeted Gafne in legal action, accusing him of approving the budget that led to the expulsion, concluding that his actions in his capacity as chairman of the Knesset Finance Committee make him indirectly responsible. They are seeking 1 million NIS in damages from Gafne.

Gafne explained that he never supported the plan and he is not more responsible for what occurred than any other MK in his party. The families however continued with their legal action.

The families took the case to the Monetary Beis Din of Yerushalayim of Rav Levin, and Gafne was summoned to appear. Gafne requested to adjudicate the matter in Bnei Brak, in the beis din of Rav Karelitz.

The Chelfon and Ochayon families a number of weeks ago took their case to Rav Karelitz’s beis din. Gafne responded in writing to the dayanim, Rabbi Yehuda Silman, Rabbi Sriel Rosenberg and Rabbi Yaakov Farberstein, explaining that he has been targeted by this group over recent years as they try to blame him and his colleagues. Gafne explains his party consistently voted against the plan but the people continue to make allegations against him.

Gafne adds by pointing out the hypocrisy that today, their political representatives sit in a partnership with the haters of Israel, and while he thought they would be too embarrassed to act as they do, adding, בעיקבתא דמשיחא חוצפא יסגא. Gafne adds that while he cannot explain why, he feels that Rav Levin is against him too.

Gafne included the pashkavilim and other literature against him, asking the beis din to rule that he is not required to appear before the Yerushalayim beis din.

The Bnei Brak beis din ruled on Sunday that Gafne acts as a shaliach of the Rabbonim Shlita and he and his colleagues are not responsible for the expulsion, yet the harassment continues under the guise of a din torah. The beis din use stern language in Gafne’s defense, warning the plaintiffs the MK is not compelled to appear before Rav Levin’s beis din, adding the parties must halt their activities against Rav Gafne.

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(YWN – Israel Desk, Jerusalem)



17 Responses

  1. There is a hairline between who is and who is not responsible Byedei Shumayim, for 10000 people thrown into the street and everyone sitting and watching with no action , only one Admur in the country did not allow voting for Aguda after the disengagement.
    Since world war 2 no similar action was taken against jews in the entire world, if anyone teaches the world what you can do to the jews its the jews themself, and shame shame to all the never agains who were silent.

  2. This is the type of Din Torah which should have been thrown out to avoid endless absurd lawsuits. Imagine if a clothing store sues the members of parliament who voted for sales tax on shirts. Or a gas station sues the MKs who voted for a lower speed limit. Members of any legislature are elected to vote for what they think is best for the country, even if it harms an individual’s interests. Besides, the residents of Gush Katif were given several year’s notice that they would have to move, but chose to wait for the last minute!

  3. What a cowardly hypocrite.

    If he and his party really wanted to save Gush Kativ they just need to resign. Sharon’s Government would collapse and Gush Kativ would be saved. They new that but still stayed in the Government and even voted for the budget.

  4. MK Moses had said recently that it has always been the policy of UTJ to suppport negotiations.
    this is after the election promise not to give away any land.

  5. Settlers didn’t belong in Gush Katif anyway. By living there they placed their lives and the lives of their children in danger. They aroused the anger of the Arabs and the international community. The land of Gush Katif was not even contiguos to Israel proper. It is questionable if it even had kedushas Eretz Yisrael. The small community in Gush Katif required protection from hundreds of soldiers and put the soldiers at unneccesary risk. People are evicted from their homes for the government to build highways and roads, a government can also evict people from settlements such as Gush Katif.

  6. What did he have against the beis din of Rav Levin? There is an amount of guilt in the UTJ party when it came to the Gush katif Explusion , if not in the voting then in their indifference to the tzar of the people.

    Where were they and their kehilla when hundreds of families were deposited in hotels without food, proper clothes and entertainment for the children. The Bostoner Rebbe and the Amshivevor Rebbe of Bayit Vegan were the only Charedi doors for financial, emotional and physical support.

  7. number 6 when ure talking about one godol or even 2 gedoloim and the shame trauma livelihood families homes and tears
    of ten thousand jews men woman and children i cannot see how their blood is redder

    number 7 that which u dont want done on to yourself dont do or wish onto others…

    all of this during the month of ellul??

  8. crazykanoiy – please come down off that high horse. Instead of condemning these people for their dangerous actions you should be kissing their feet thanking them for their mesirus nefesh to act as a butress to protect the rest of Israel. Do you think it’s mere coincidence that rocket attacks from Gaza have skyrocketed throughout the past 7 years or so since these people were betrayed by their own country and dragged out of their communities that the government had encouraged them to build in the first place? You have no idea what they’ve been through and yet you sit here on the internet and mock them

  9. #7. Do you have any idea what the expulsion brought to Sderot, Ashkelon, etc. aside from the ruining of the lives of the people who were evicted?

    Yes, the IDF had to protect them, but afterwards many more people needed even more protection, with rockets flying all over those places.

    Do you realize that Israel is a small Country? Any further withdrawal leaves millions at the mercy of rockets and Israel will be forced to recapture our territory or it will be impossible for Jews to live anywhere.

  10. to #7: crazykanoiy, your name speaks for itself.

    According to you “Settlers” did not belong in Gush Kativ, but Muslim Hammas terrorists do. At leas when the “Settlers” lived there the Katusha and Grad rockets did not fall on Terl-Aviv. If people like you are concerned about the damaging opinion of international community then you sound like true EravRav.

  11. baron,

    you didnt answer my question

    are you going to take those gedolim to a din torah now?

    one or two gedolim is still considered daas torah btw

  12. Simple Geography. Gush Katif is on the coast between Gaza and the Mediterranean sea. It is not a buffer to anything. It does not protect Israel from rockets.

    Rocket attacks increased because the Army withdrew its forces from Gaza City, Khan Yunis, Rafah etc. This has nothing to do with people who choose to live in a war zone.

    Security is supposed to be provided by the Army and not by people sticking children and families in harms way. If the Army needs to hold a position due to security needs so be it, but there is absolutely no need for settlement activity that arouses the anger of the Arab nations and places Israel into international isolation.

    Yes, Settlers do not belong in Beitar, Emmanuel or Modiin Illit. (Rav Shach was opposed to the building of Emmanuel.) There is plenty of room in the Galil.

  13. Shoched Damim will blind Tzadikim.
    They took 193 million NIS from Sharon and were blinded as the torah predicted. The rest is History.
    They will pay in Shamayim perhaps sooner.

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