The High Court heard a petition on Sunday demanding the
botei knesses of Gush Katif be left intact. HaRav
Simchah HaKohen Kook, the rov of Rechovot, appeared before
the court, asking the enlarged bench of seven judges to order
the government to turn to the UN organizations and the US
authorities to demand international guarantees to preserve
the botei knesses in areas to be handed over to the
Palestinian Authority, which announced that it would not
guard them.
On Tuesday the High Court asked the government to formally
request of the Palestinian Authority that it protect the
shuls. In response to an informal request the PA said it
would not protect them, and said that Israel should not make
a formal request.
Two weeks ago the High Court permitted the demolition of Gush
Katif's botei knesses while the Chief Rabbinical
Council determined they should be left standing. Later the
government decided they would be dismantled and transferred
to Israeli territory but another High Court petition froze
the government's decision pending a new ruling.
On Sunday the High Court heard the second petition, filed by
Attorney Gilad Korinaldy representing Rav Yishai Barkan, a
rov in one of the former Gush Katif settlements. During the
hearing Court President Judge Aharon Barak asked Attorney Avi
Licht, representing the State's Attorney, why an agreement
cannot be reached with the Palestinians to preserve the
botei knesses. Licht said that one of the government
ministers contacted a Palestinian official through a US
intermediary in an attempt to assess the possibility of
preserving the botei knesses but received a negative
reply. Licht claims that security officials—whose names
he refused to disclose—also discussed the issue with
their Palestinian counterparts but no PA official was willing
to take responsibility for their preservation.
In presenting the State's case Licht said, "If the
Palestinian Authority commits to this it will not be able to
meet its commitment. The State of Israel does not want to see
the Palestinians defiling botei knesses. Even if it is
not the halochoh, there is a symbolic element and this is the
Israeli position: We don't want to see Muslims [dancing] on
the roof tops of the botei knesses." Likewise the
State of Israel does not want to bring international forces
into Gaza to safeguard the holy places Licht added.
Representing the petitioner, Attorney Korinaldy claimed that
rabbonim from Jewish communities around the world have been
appealing to the Chief Rabbinate and other rabbonim in Eretz
Yisroel in recent weeks to pressure the government to
preserve the botei knesses based on concerns that if
Israel destroys botei knesses other countries would be
liable to follow suit with the old Jewish houses of worship
within their borders that occupy prime pieces of real
estate.
Judge Eliakim Rubinstein asked the petitioners and Chief
Rabbi Yonah Metzger, who was present at the hearing, why they
did not petition against the government's decision a year ago
when it was clear the botei knesses would not be left
standing in Gaza. "I don't want botei knesses to be
destroyed either, but why didn't you cry out a year ago? Why
did you wait until now?"
Addressing the judges, HaRav Kook, the rov of Rechovot and a
member of the Chief Rabbinical Council, said, "Nobody
believed Israel would raze and blow up botei knesses.
This has never happened in history. It is a dangerous
precedent unparalleled over the course of thousands of years.
From this day hence the nations of the world will know that
in 5765 thirty botei knesses were destroyed in Eretz
Yisroel. Standing before you today are representatives of
masses of Jews who fear the governments in Eastern Europe
will take away from them botei knesses that were
redeemed from foreign hands after many long years. Suddenly,
in the past weeks, various Eastern European countries have
been unwilling to transfer botei knesses to Jewish
hands with the claim even in Israel there are plans to
destroy botei knesses.
"Rabbinical organizations in Europe say that the government's
decision will have serious repercussions. Every judicial
decision will have an impact on the nations of the world. Non-
Jews don't destroy botei knesses either. Will Israel
now become the first country in the world to destroy botei
knesses? The whole world will clamor and shout if you
allow the botei knesses to be destroyed. As is well
known, botei knesses retain their sanctity even when
in ruins."
HaRav Kook went on to say that contact was made with the US
figure who passed a UN decision requiring all nations to
defend and safeguard botei knesses, "and since Israel
also signed this international decision we asked him to help
force Israel to preserve the botei knesses. He told us
that the UN can only respond to requests by nations and not
private individuals. The US authorities will also respond
only to a governmental request and not a private request.
Thus the government has not done what is incumbent upon it
and this constitutes a tremendous act of chilul
Hashem.
"I hereby turn to the judges saying that you must demand, in
a forceful and uncompromising way, that the government do all
in its power to prevent the destruction of botei
knesses and to force it to ask the United Nations and the
US to provide international guarantees of the preservation of
the botei knesses."
After the hearing, HaRav Kook said his remarks helped the
judges realize the gravity of the matter and that the Jewish
world would be hurt and in an uproar in response to a
decision that would allow the botei knesses to be
destroyed and therefore decided to delay their decision by
two days.
Despite their claims against the petitioners for waiting so
long to take action, the judges also directed criticism
against the government for failing to take such a simple step
as requesting the UN force the Palestinians to preserve the
botei knesses using international forces.
