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Ban On Jewish Music In The Machpelah


mham.jpgThe following report was released by the Chevron Jewish community spokesman on Sunday.

For years, Jewish visitors arriving at the Ma’arat HaMachpelah have been greeted by Jewish music, played from loudspeakers atop the Gutnik Center, outside Ma’arat HaMachpelah. The lyrics of all the songs are taken from the Jewish liturgy, changing from time to time depending on the time of year: the Ten Days of Repentance, Elul – Slichos, holiday prayer melodies, Shabbat songs and so on.

Yesterday, for the first time in years, these prayer melodies were banned: Ofer Ochana a resident of Kiryat Arba, was summoned by the police, interrogated, and charged with a criminal offense.

Following the investigation he was warned that if he dared to again play music over the speakers – would be arrested immediately. From information we received, this is probably a direct order of the new Commander of the Central region, who also demanded that the police carefully examine the law and find a criminal offense that could be attributed to Ochana. After tedious searches the police discovered several laws relating to noise being publicly broadcast via a business in a residential neighborhood. Ochana, who also directs a store and a banquet hall inside the building, was summoned, interrogated and warned. His speakers were disabled, and the music which delighted the hearts of the many visitors to Chevron, was silenced.

As a result of these baffling measures, the organization Human Rights in Yesha contacted regional police commander Itzik Rachamim, in a letter titled: Selective law enforcement regarding loudspeakers in the vicinity of Ma’arat HaMachpelah.

The letter reads as follows:

“For years Jewish worshipers at Ma’arat HaMachpelah have complained about the unreasonable and illegal noise of loudspeakers sounding the Muslim calls to prayer into the area assigned exclusively for Jewish worship, and in the Machpelah courtyard. There is no need for this because these areas are not used for Muslim prayer (excepting 10 days a year.) Two years ago a professional examination was carried out in to measure the noise level compared to conventional criteria. The results, delivered to the Chevron DCO (IDF District Coordinating Office) reported that “if the regulations to prevent hazards (unreasonable noise) from 1990 were applied in this case, the noise levels recorded very highly exceed permissible levels.” Despite these official inquiries, nothing was done to stop the daily disturbances which greatly impaired daily Jewish worship at the site. This, despite the fact that the Supreme Court recognized the right of prayer as one the foremost human rights

In light of this, it is very puzzling why Mr. Ofer Ochana is being invested for playing Jewish prayer music from the speakers (with far less intensity than the Muslim prayer calls), from the Gutnik Center, an area allocated for Jewish worship with the specific goal of creating an atmosphere of Jewish worship. Much graver is the threat that he would be arrested immediately if he dared to again play Jewish music in this area while no similar criminal steps were taken towards the Arab muezzin. If the criterion which you utilize to examine the decision whether to conduct a criminal investigation and threaten detention is a suspicion of “breach of peace” (the language of Section 194 (a) of the Penal Code) – then there is enough to push the public Jewish worshipers at the Ma’arat HaMachpelah to take steps which will be understood to reveal that their welfare and tranquility have been violated by the muezzin’s call to prayer.

Is unadulterated strength the way in which you think law should be enforced? Your actions yesterday can only be defined as selective law enforcement, and represents serious denial of freedom of expression and freedom of worship, and encourages violent reactions. I ask you to explain why this extreme step was taken and, why you do not enforce the law equally, allowing freedom of expression and worship equally to the two religions.”

A Copy of this letter was sent to the Minister of Religious Affairs, other ministers and Knesset members.

(YWN Israel Desk – Jerusalem)



4 Responses

  1. I was there just last week.
    While the arab loudspeakers were annoying, the loud “music” coming from the Gutnik center was annoying too- and much more pervasive. I can see why the police commander was upset.

  2. While I do certainly understand Ochana, this is a prime example of hisgarus be’umos, something we’re not allowed to do.

  3. I don’t understand. When did recorded music become part of “creating an atmosphere of Jewish worship”? This is the kind of thing I would have expected in a Reform synagogue.

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