High Court: Disciplinary Prosecution of Rabbi Shmuel Eliyahu | Israel Today

The judges sharply criticized the rabbi of Safed for racist and political statements: "The word 'halakhah' is not a magic word," Judge Amit clarified in the ruling

• Rabbi Shmuel Eliyahu

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  Photo: Gideon Markowitz

The judges of the Supreme Court, including the president of the court, Esther Hayut, ordered the state to disciplinary prosecute Rabbi Shmuel Eliyahu, the rabbi of Safed, for racist and political statements. "Some of the statements, Judge Alex Stein ruled, are extremely unreasonable and therefore they are instructing to prosecute him. The reform movement, which filed the petition, welcomed the decision. The court today drew a clear red line for rabbis serving in the civil service," said editors. Judge Orly Erez Lechowski and Uri Narov delivered.

In the verdict, Judge Alex Stein brought a series of statements by Rabbi Eliyahu, which he defined as "threats, incitement, defamation and statements condemning entire populations."

Thus, a post posted on the Facebook page of the rabbi's office quoted, "Nowadays we should try, because everyone who raises a hand against a Jew to kill him, revenge will be avenged. To neutralize them and not take them over, but to remove them from the world. "

In another case, Rabbi Eliyahu said of the Palestinians, "What do you do with these wild creatures on the Temple Mount ... you have no more people who take advantage of them ... give them money and they spit in your face."

In another video, he is heard saying "wherever they see Jews they are killing."

According to the judge, "These and similar statements are not protected by the permit to convey halakhic messages that are given to city rabbis. This is because the statements include contempt and incitement that are not a matter of Torah and halakhah."

In addition to statements that were defined as racist, Rabbi Eliyahu often expressed himself politically, which according to the judge is prohibited for public servants including city rabbis and according to the rules of the Chief Rabbinate Council.

Among other things, he attacked Naftali Bennett in IDF waves and said, "Bennett has zero backbone in Jewish affairs.

He cannot be at the head of the Jewish House. "He also attacked state institutions." Among Rabbi Eliyahu's remarks are statements that sharply criticize senior officials in public authorities, including judges in the courts and military tribunals, as well as the chief of staff. "

"The damage from the public trustee's blatant criticism of government policy and systems is twofold. First, such a critic of an insider has a core of anarchy," the judge wrote.

"Second, public and blatant criticism voiced by a public official against state institutions undermines public trust in the public service."

Supreme Court President Esther Hayut agreed with Judge Stein, but cautioned: "In order to allow a mayor to exercise this part of his job, his freedom of expression is less restricted than those that apply to full-time public servants and everything, of course, subject to the law." "A mayor is one of the senior avenues of public service, his salary is paid, even partially, from the state treasury and his authority is given to him by the state. From this position it can be expected that he will conduct in a way that promotes and ensures public trust in public service."

"Statements which, in all probability, undermine the foundations of public service; statements calling for action contrary to the provisions of the law or against government policy; as well as statements that constitute prohibited party activity or statements that allegedly harm, demean or humiliate entire populations, are not sponsored. "The freedom of expression given to a mayor. The meaning of his tenure as a public servant is that he cannot express such opinions without restriction, and he must impose on himself state behavior appropriate to his status."

The judge Yitzhak Amit also sharply attacked the words of Rabbi Eliyahu.

"In my opinion, things that may provoke controversy and enmity between different currents and audiences in Israeli society about its tribes and shades, are not required for the respondent's role as mayor and should not be seen as a 'halakhic message' directed at his audience. "Halachic-interpretive essays do not have absolute immunity, just as the halakhic statements and opinions of a mayor do not have absolute immunity from disciplinary action."

Upon receiving the ruling, Rabbi Gilad Karib, director general of the Reform Movement, said: "The court clarified today that the State of Israel cannot allow rabbis to use their public service to incite continuously and consistently to the racism and exclusion of Arab Israeli citizens, and that the Israeli government is not allowed to close its eyes. Continued violation of the provisions of the law on the part of rabbis. "

The lawyers who filed the petition, Orly Erez Lechowski and Uri Narov, said: "The court today drew a clear red line for rabbis serving in the civil service and sent a clear message that racist and abusive statements have no place in the civil service. It is hoped that this message ".