A clarification was issued due to an inquiry from MK Yisrael Eichler to the State Attorney General. Nevertheless, the state will ask Minister of Religious Services to suspend the Kosel Rav’s responsibilities for Robinson’s Arch. MK Eichler: The state is violating the law pertaining to holy site, particularly the Kosel.
Following the letter of MK Rabbi Yisrael Eichler to the Attorney General in which he presents the legal reasons for the regulations of the Kosel Plaza to also apply to the Southern Plaza, the State admitted that the regulations of the Kosel Plaza apply to the entire area and yet informed the High Court that it would request the Minister of Religious Services to remove the Rabbi of the Kosel and Holy Sites authority in the Southern Square.
Eichler points out in his letter to the Attorney General that in 5732, the regulation for the holy sites were set. These regulations included a map to delineate what the Kosel Plaza entails. In 5741, the regulations were amended but the maps were no included since at the time, they believed the entire Kosel is holy to the Jewish people in the same measure and therefore, the maps were superfluous. The existence of the maps in the old regulations prevent changes to the area known today as the Kosel Plaza.
In addition, Rabbi Eichler argued that “even in an enactment, the Kosel Plaza was similarly defined in the ‘כולל האידרא’, so that it includes all the area adjacent to the exposed wall to the Dung Gate and the Old City wall.”
Eichler concluded his letter: “In accordance with law and common sense, the term ‘Kosel Plaza’ should be interpreted in accordance with its definition in other legislation, and there is no point in interpreting exactly the same words that appear in the regulations. Since this is a matter of fact, I am convinced that this is indeed the case with your response to the High Court on behalf of the Government of Israel.”
In light of the presentation of these arguments, the state admitted to the High Court that the regulations indeed apply to the Southern Plaza, but wishes to appoint another supervisor on the southern part in coordination with the Chief Rabbis in order to allow “egalitarian prayer”.
MK Yisrael Eichler also responded to the attempt to oust the Kosel Rav Rabbi Shmuel Rabinowitz and presented a number of regulations that the state violates when it grants madras to organizations that are not committed to Jewish values. “The regulations explicitly state: No person shall enter written material of any kind without the approval of the body in charge. One shall not enter into a dress that does not conform to the sanctity of the place, shall not perform a prayer or other ceremony for a Bar Mitzvah except in accordance with the instructions of the body in charge, he shall not speak, shall not deliver a sermon or make proclamations. In addition, the body in charge may remove a person who interferes with him in carrying out his duties or who violates these regulations from the Kosel Plaza. Anyone who violates the regulations will be sentenced to six months’ imprisonment.”
Eichler concluded, “Every month the police act against the law and the regulations when it does not keep the Reform provocateurs away. It is clear to all reasonable, and it is also a firm legal fact, that these regulations apply to the Kotel as they apply to the northern and southern plazas alike. Even the state admitted it. This is just another attempt to undermine the kedusha of the walls in the holiest place of the Jewish people. We will not agree to this, and we will continue to struggle in every possible way.”
(YWN Israel Desk – Jerusalem)