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27 Kislev 5762 - December 12, 2001 | Mordecai Plaut, director Published Weekly
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NEWS
The Courts Are Active on Chanukah
by Yated Ne'eman Staff

The High Court refused to postpone a hearing on the interim Knesset law passed nine months ago to extend current draft deferral arrangements for yeshiva students.

An 11-justice High Court of Justice panel will discuss a petition Tuesday to revoke the law which extends army exemptions to yeshiva men for two years. Supreme Court President Aharon Barak on Monday rejected the State Prosecutor's request to defer hearings on the petition so that the Knesset has time to legislate a new arrangement for the yeshiva students during its winter session. The day that Prime Minster Sharon's government was sworn in, on March 7 of this year, the Knesset passed a law that extended by two years the exemption agreement that had been annulled by the High Court of Justice some years earlier.

The draft deferral for yeshiva students has been at the center of the chareidi community's political efforts for more than two years. Since the High Court invalidated the earlier arrangement that had been in effect for more than 50 years, settling the legal aspects of the deferral has been the primary demand of United Torah Judaism (UTJ) for joining any government. Despite these efforts, no permanent arrangement is yet in place.

Also, this past Sunday, 24 Kislev, the day before Chanukah, Deputy Chief Justice of the Magistrate's Court in Jerusalem Yaakov Tzur issued an order, forbidding a chareidi resident of Rechavia to light Chanukah candles in the stairwell of the building in which he lives. This order was in response to a complaint filed by a secular tenant, attorney Yoram Nitzan, against R' Michael Kojinski. Their apartment building is on Bustenai Street.

Attorney Nitzan wrote the court that he and his wife complained about the menorah lighting to their neighbors many times and asked them to keep their menorahs inside their apartments. "The menorah emits a pungent odor of burnt oil in the stairwell, which has only a very small window. This odor causes the appellant, his family and his guests a feeling of suffocation. Sometimes the odor even seeps into the house, constituting a form of damage which is liable to harm the health of the members of our family."

 

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