The Rabbinical Committee for Kedushas Shabbos, under the
aegis of maranan verabonon, unequivocally opposes the
recently proposed Shabbos Law. This law, the Committee
states, contains a very real potential for the expansion of
Shabbos desecration throughout the country. The decision to
oppose this law was unanimously accepted at the committee's
recent meeting.
The Shabbos bill was proposed by a number of MKs including
religious and non-religious. Under the bill, government
offices and factories would remain closed on the official day
of rest. Retail businesses and places of entertainment such
as movie theaters, restaurants, and coffee shops may open on
Shabbos. In addition the bill would allow public
transportation not subsidized by the government to operate on
Shabbos.
Currently municipal bylaws govern whether such establishments
can or cannot remain open. The new bill would regulate things
for the entire State.
The bill was phrased to just describe was is prohibited. "The
assumption was that anything that is not forbidden will be
allowed," including the opening of restaurants and coffee
shops, and the operation of public transport which is not
subsidized by the state, said MK Nachum Langental (NRP).
The phrasing was an attempt to satisfy the sensibilities of
religious MKs who do not want to be in a position of voting
for a law that says that some kinds of chilul Shabbos
are allowed.
The bill allows the labor minister to determine which
commercial enterprises will remain open and its wording calls
for "allowing a secular lifestyle" alongside the preservation
of the Shabbos.
The Rabbinical Committee for Kedushas Shabbos met Monday
night 23 Teves in Jerusalem. Present were its members: HaRav
Avrohom Binyomin Sofer, HaRav Avrohom Yeshayahu Fein, HaRav
Hillel Weinberg, HaRav Moshe Yadler, HaRav Tzvi Odesser,
HaRav Amir Krispal, HaRav Yosef Deutsch and HaRav Amram
Offman. A special delegation of UTJ and Shas MK's appeared
before the committee to explain the Knesset proposal.
These rabbonim consulted the gedolei Yisroel, maranan
verabonon and deliberated on the overall details of the
law proposed by MK Langental of Mafdal. It was clear to the
Committee that the law is supposed to grant legitimacy, at
least passively, to existing Shabbos desecration in the areas
of entertainment and transportation, and to enable their
expansion. On the other hand, there is no reason to think
that the activities that the law will prohibit in commerce
and manufacturing will be policed in a manner that will
ensure that they are kept, nor does any such possibility seem
at hand.
The rabbonim noted that the religious have bitter experience
with the nonenforcement of laws which are meant to protect
religious rights or needs. The police and the State
prosecutor's office often work together in preventing or
severely minimizing the enforcement of such laws. Experience
shows clearly that no pro-religious law was ever enforced.
Laws were passed pertaining to local authorities, abortions,
kashrus, fraud, missionary activity, work and rest hours and
similar issues but they were not enforced.
The obvious conclusion then, if we learn from our experience,
is that only the aspect of this law that permits Shabbos
desecration will have any effect, while the part that forbids
it will, at best, remain on the books.
Nonetheless, even if it were certain that all aspects of the
proposed law would be implemented, it is still impossible to
assent to it because no Jew has the right to make compromises
at the expense of Shabbos, such as observing it partially and
permitting some of its prohibitions.
The rabbonim noted that precisely 40 years ago, in the winter
of 5722, the NRP sought to institute a Shabbos Law to
compromise on the issue of public transportation on Shabbos.
Then too, they encountered the firm opposition of gedolei
Yisroel who prohibited every attempt to institute partial
observance of Shabbos and to compromise at the expense of its
kedushah. Seeing the clear opposition the NRP withdrew
and the law was not even raised.
It was also noted that if the new law is passed, it will
replace and cancel the two existing laws: the Work and Rest
Law and the Consent Law.
Rabbi Moshe Gafni presented, in the name of the Maran HaRav
Yosef Sholom Eliashiv, a halachic ruling to the effect that
we must oppose this law in no uncertain terms, especially in
light of the media's assertion that the law is liable to
result in the increase in Shabbos desecration.
HaRav Yosef Deutsch presented the view of the Admor of
Vishnitz that the law must be unequivocally opposed without
any compromises and that Shabbos may not be partially
observed or compromised.
The Knesset members who appeared before the committee also
said that the proposal seemed unfit and dangerous.
MK Yair Peretz of Shas told the rabbonim that he was among
those who signed on to the proposed law, because its
promoters told him that it will strengthen Shabbos and reduce
Shabbos desecration. He stressed that he never would have
supported a law that is opposed by gedolei Yisroel,
and that he is withdrawing from the entire affair.
The Rabbinical Committee unanimously decided to firmly oppose
the proposed law. The Committee said that Shabbos cannot be
compromised. The Committee asked the Knesset members to make
efforts to increase the amount of non-Jewish inspectors in
order to enforce the existing Work and Rest Law, and to issue
fines to those who violate it.
In the second part of the meeting, the committee decided to
increase public awareness of the need to support shomrei
Shabbos enterprises and to avoid Shabbos desecrating
ones. The delegation cited as a current example that there is
a therapeutic International Beach on the Dead Sea near Ein
Gedi, that observes Shabbos, and nonetheless some go to the
nearby Ein Gedi beach which desecrates Shabbos.
