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Israel - Chief Rabbi Wants New Law Blocking Court's from Intervention in Kashrut Matters

Published on:   December 10, 2009 09:13 AM
News Source:  Ynet
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Chief Rabbi Wants New Law Blocking Court's from Intervention in Kashrut MattersChief Rabbi Wants New Law Blocking Court’s from Intervention in Kashrut Matters

Israel - Chief Rabbi Shlomo Amar addressed Knesset members asking them to draft a bill which would prevent the High Court of Justice’s interference in matters pertaining to kashrut, which are under the Chief Rabbinate’s authority.

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Rabbi Amar approached the MKs following a court ruling which forced rabbis to issue kosher certificates against their judgment.

The rabbi said that the only solution to the grave state of the kashrut field caused by the High Court would be legislation preventing any such future involvement.


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Read Comments (16)  —  Post Yours »

1

 Dec 10, 2009 at 08:54 AM yoelg Says:

cant undestand: if the court fources rabunnim to give kasrus certifcate's for stores who not following the torah & jewish laws what's the point of a hacsher?? if you need jewish custemers follow STRICTLY the jewish laws

2

 Dec 10, 2009 at 08:51 AM David Says:

Amar's point is.... what? The Supreme Court of Israel has no religious authority, so it cannot pronounce anything "kosher" or "traif." I'm afraid that all Amar and his cronies are looking for here is the freedom to make up the law as they go along without any scrutiny from anyone. Lots and lots of money in the kashrut business, isn't there, Rav Shlomo?

3

 Dec 10, 2009 at 09:23 AM Anonymous Says:

Why can't they just provide a new kind of kosher certificate which clearly states that "this establishment is deemed kosher as per ordered by such and such a court..." I think it will be very obvious and people won't eat there.

4

 Dec 10, 2009 at 10:00 AM Avi Says:

Reply to #2  
David Says:

Amar's point is.... what? The Supreme Court of Israel has no religious authority, so it cannot pronounce anything "kosher" or "traif." I'm afraid that all Amar and his cronies are looking for here is the freedom to make up the law as they go along without any scrutiny from anyone. Lots and lots of money in the kashrut business, isn't there, Rav Shlomo?

Did you not read the article at all? Rav Amar's problem is that the courts ARE interfering with halachic matters, by forcing Rabbanim to certify against their judgment.

5

 Dec 10, 2009 at 10:05 AM Dov Says:

So who will supervise the Rabbis?

6

 Dec 10, 2009 at 11:37 AM David Says:

Reply to #4  
Avi Says:

Did you not read the article at all? Rav Amar's problem is that the courts ARE interfering with halachic matters, by forcing Rabbanim to certify against their judgment.

I read it. In the case in question, the Court ruled that the rabbinate could not use different standards of kashrut for different people. More importantly, they made their decision based on Israel's law, not on halakha. According to the Court: "The Kashrut Law states clearly that only legal deliberations directly related to what makes the food kosher are relevant, not wider concerns unrelated to food preparation." Which is only to say that the kosher laws pertain to food, not to people, and that rabbis cannot run kashrut like Al Capone ran whisky. Amar is demanding that the laws be changed to grant rabbis an absolute right to decide who is worthy to receive kosher certification for reasons completely unrelated to food.
More importantly, independent of this law, any rabbi is free to pasken on any issue. Hower, once the rabbis demand and get a "Kashrut Law" and a Kashrut Agency that is part of the government, they cannot decide that the agency will operate outside the government and be answerable to nobody. Israel is a society of laws, and not laws invented by rabbis.

7

 Dec 10, 2009 at 01:37 PM Anonymous Says:

>>>>>>>> Israel is a society of laws, and not laws invented by rabbis.
And Judaism, of which kashrus is a part, is a set of laws invented by G-d, not to be regulated by kofrim who know or care nothing about the fine details of the laws.

8

 Dec 10, 2009 at 02:57 PM old Says:

isn;t this about an old story on vin with the missionary bakery?

9

 Dec 10, 2009 at 04:38 PM David Says:

Reply to #7  
Anonymous Says:

>>>>>>>> Israel is a society of laws, and not laws invented by rabbis.
And Judaism, of which kashrus is a part, is a set of laws invented by G-d, not to be regulated by kofrim who know or care nothing about the fine details of the laws.

Well, that's debatable, but if we assume it to be true, then the real villains in this story are the rabbis who decided that they wanted the Israeli Government to include a Kashrus Agency. They got what they wanted, didn't they? A government agency with secular legal authority bound by secular laws. If Rav Shlomo doesn't like that, maybe he should get out of the government business...

10

 Dec 10, 2009 at 05:00 PM Milhouse Says:

Reply to #2  
David Says:

Amar's point is.... what? The Supreme Court of Israel has no religious authority, so it cannot pronounce anything "kosher" or "traif." I'm afraid that all Amar and his cronies are looking for here is the freedom to make up the law as they go along without any scrutiny from anyone. Lots and lots of money in the kashrut business, isn't there, Rav Shlomo?

His point is that the courts have been ordering rabbonim to go against the halacha, and give hechsherim to businesses that can't be trusted to keep kosher. The Supreme Court has ruled that the giving of a hechsher is not a religious function and does not have to follow halacha. This is a chilul hashem and must be resisted and stopped, and that is what R Amar is doing.

11

 Dec 10, 2009 at 05:01 PM Milhouse Says:

Reply to #3  
Anonymous Says:

Why can't they just provide a new kind of kosher certificate which clearly states that "this establishment is deemed kosher as per ordered by such and such a court..." I think it will be very obvious and people won't eat there.

1. Not everyone will know
2. Obeying such an order is inherently a chilul hashem.

12

 Dec 10, 2009 at 05:04 PM Milhouse Says:

Reply to #6  
David Says:

I read it. In the case in question, the Court ruled that the rabbinate could not use different standards of kashrut for different people. More importantly, they made their decision based on Israel's law, not on halakha. According to the Court: "The Kashrut Law states clearly that only legal deliberations directly related to what makes the food kosher are relevant, not wider concerns unrelated to food preparation." Which is only to say that the kosher laws pertain to food, not to people, and that rabbis cannot run kashrut like Al Capone ran whisky. Amar is demanding that the laws be changed to grant rabbis an absolute right to decide who is worthy to receive kosher certification for reasons completely unrelated to food.
More importantly, independent of this law, any rabbi is free to pasken on any issue. Hower, once the rabbis demand and get a "Kashrut Law" and a Kashrut Agency that is part of the government, they cannot decide that the agency will operate outside the government and be answerable to nobody. Israel is a society of laws, and not laws invented by rabbis.

That IS the halacha. Different people ARE different, and a meisis umediach can not be trusted the way other people can be. These laws are not invented by rabbis, they are HASHEM's laws, and all Jews must obey them rather than laws invented by legislators and judges.

13

 Dec 10, 2009 at 05:05 PM Milhouse Says:

Reply to #9  
David Says:

Well, that's debatable, but if we assume it to be true, then the real villains in this story are the rabbis who decided that they wanted the Israeli Government to include a Kashrus Agency. They got what they wanted, didn't they? A government agency with secular legal authority bound by secular laws. If Rav Shlomo doesn't like that, maybe he should get out of the government business...

Why should he? Why should a kashrus agency with legal authority be bound by secular laws? It's bound by the Torah's laws; what's wrong with that?

14

 Dec 11, 2009 at 12:14 AM Anonymous Says:

Why can't they just provide a new kind of kosher certificate which clearly states that "this establishment is deemed kosher as per ordered by such and such a court..." I think it will be very obvious and people won't eat there.

15

 Dec 11, 2009 at 12:26 PM David Says:

Reply to #13  
Milhouse Says:

Why should he? Why should a kashrus agency with legal authority be bound by secular laws? It's bound by the Torah's laws; what's wrong with that?

Because it's an agency of the Israeli Government. Because the salaries of its employees are paid by Israeli taxpayers, and because the legal authority it exercises is derived, not from the Torah, but from the government. That's the system they chose, and now they're stuck with it. The simple answer for the rabbis here is to get out of the government business and back into the Torah business; then nobody will be able to tell them who should or should not have a heckscher. It works here, doesn't it?

16

 Dec 11, 2009 at 03:23 PM Milhouse Says:

Reply to #15  
David Says:

Because it's an agency of the Israeli Government. Because the salaries of its employees are paid by Israeli taxpayers, and because the legal authority it exercises is derived, not from the Torah, but from the government. That's the system they chose, and now they're stuck with it. The simple answer for the rabbis here is to get out of the government business and back into the Torah business; then nobody will be able to tell them who should or should not have a heckscher. It works here, doesn't it?

You're not making any sense. Israel has a rabbinate because it claims to be a Jewish community, and a Jewish community must have a rov to pasken shaylos. Do you think when a community hires a rov it gets the right to tell him how to pasken, or to fire him if they don't like his psokim? Of course not. A rov's salary is paid by the community, but his only boss is Hashem. His duty is to pasken according to the Torah, not according to the Supreme Court's wishes; that is what the state pays him for. Israel has no "separation of church and state".

17

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