HaGaon HaRav Yaakov Ariel, has come out against the High Court of Justice’s decision compelling Israel to return bodies of slain terrorists to the PA (Palestine Authority) for burial. The court has rejected the government’s plan of holding onto the bodies towards using them as negotiating chips with Hamas to reach a deal for the return of Israelis held in Gaza and return of the bodies of IDF soldiers Lt. Hadar Goldin HY”D and Sgt. Oron Shaul HY”D.
In the rav’s article in volume one of ‘Techumin’, published by the Zomet Institute, he explains it is halachically acceptable to hold onto the bodies in the ongoing war with Hamas. The rabbi feels the High Court oversteps its bounds by interfering with the executive branch of government. Rabbi Ariel explains the executive branch must be permitted to make decisions and act as it sees fit and being that today there is a state of war with Hamas, the rules of what is permitted are changed.
(YWN Israel Desk – Jerusalem)