The Jerusalem Magistrate Court on Thursday, the third day of chol hamoed Sukkos, ruled shouting “Am Yisrael Chai” on Har Habayis is not incitement.

Attorney Itamar Ben-Givir was detained by police on Wednesday http://www.theyeshivaworld.com/news/headlines-breaking-stories/348502/video-arab-media-jew-arrested-after-trying-to-enter-al-aqsa-mosque.html after shouting “Am Yisrael Chai” on Har Habayis in response to Arabs shouting “Ala Akbar”. Ben-Givir told police he did not break any laws, insisting if Arabs may shout “Ala Akbar” there is no reason he cannot respond with “Am Yisrael Chai” as the video shows.

Police requested the court ban Ben-Givir from Har Habayis for 15 days for his actions, but the Jerusalem Magistrate Court would not comply, unwilling to accept the position of police, that saying “Am Yisrael Chai” on Har Habayis is inciteful and therefore illegal.

Ben-Givir played the video and others for the court to prove his case, stating his arrest for simply speaking “was a dark day for Israeli democracy”.

Justice Menachem Cohen ruled against police, stating the words expressed by Ben-Givir were not inciteful and do not represent tefilla, and therefore not prohibited on Har Habayis. The court was not convinced by police that saying “Am Yisrael Chai” would result in major disturbances on the holy site. Hence, Ben-Givir was released without any restrictions to the dismay of police.

(YWN – Israel Desk, Jerusalem)