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More On High Court Decision Backing Exclusive State Control Over Kashrus


rabiThe High Court of Justice on Monday, 29 Iyar, ruled that the Chief Rabbinate of Israel is the only body that may issues kashrus certification, outlawing private kashrus bodies that seek to replace the Chief Rabbinate rather than working with it. One such organization, which operates in the Nachlaot neighborhood of the capital, is headed by Rabbi Aaron Leibowitz. His certification is called “Hashgacha Pratit”.

However, the court made its position clear, that ruling in favor of the Chief Rabbinate is in no way an endorsement of the current system. Hence, the ruling is only valid for two years during which time the Chief Rabbinate must improve the system including the employment of the mashgichim, who today are employees of restaurants rather than the religious councils and therefore subordinate to the owner of a restaurant. Justice Elyakim Rubinstein explained if this is not achieved by the end of the two-year period, at the very least “in a substantial manner”, the issue is likely to be reopened “at which time the position of both sides will be maintained”.

Rabbi Leibowitz on Rosh Chodesh Sivan spoke with Kol Chai Radio host Mordechai Lavi, explaining the ruling changes nothing for him and his hashgacha will continue operating as it has in the past. Rabbi Leibowitz stated he has and will continue operating within the framework of the law, and will continue giving kashrus certification to stores seeking his services, which he calls a “Kiddush Hashem”, to those wishing it.

KC:

What do you say about the ruling?

Leibowitz:

Not applicable to us. We are not Reform but Orthodox and as we have worked in the past, we will continue working in the future. our work is a Kiddush Hashem. In my opinion the court erred but this is not the issue here. We will continue providing kashrus for the stores that use us.

KC:

But the court said there is one body authorized to grant kashrus. How can you come and not continue doing the same?

Leibowitz:

We have and will continue to adhere to the law. The kashrus from the local Rabbanut is sad and stores and the people have had enough. We will confer with our legal advisers and study the current ruling.

(YWN – Israel Desk, Jerusalem)



7 Responses

  1. this should be the plan in america and Canada also
    we as mashgiem should be abel
    to tell the store or caterer that
    ” you can not use this ”
    or product . we must get paid from the

  2. America is not Israel (and vice versa) but I like the way we do it here in America. Anyone can issue a kosher certification, and each Jew can decide for him/herself whether it is acceptable. (I do not accept the hechsher of the Archdiocese of New York.) The Israeli rabbinate seems to fear any competition. Maybe they have a good halachic reason for prohibiting competition – maybe YWN can find out and report on it.

  3. #3: You are wrong. A store owner is nogeia bdavar. so is a mashgiach that is getting paid by the store owner. The store owner can get treif for cheaper, and the mashgiach doesn’t want to lose his job. That’s why mashgiachim should be paid by the kashrus agency.

  4. As a masgiach myself I tell you the system, any system, either in new New York, sorry new rock, Yerushalayim, L.A., or Miami is broken as long as the mashgichim are paid by the restaurants or stores. It’s a travesty. They will twist your arm and shout you down. And there will be very little backing from the hashgacha. You need to be paid for by the rabanut period.

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