The Halamish brothers from eastern Gush Etzion were sentenced to begin their seven- and eight-month prison terms, respectively, this past Thursday.  However, a last-minute ruling by  Jerusalem District Court Judge Moshe Ravid on Wednesday postponed their entry into prison - but no one is sure for how long.

Judge Ravid ruled that the rejection of the brothers' last appeal with no explanation was unacceptable.  He said that the brothers need not enter prison until another session was held on their case.

Today (Friday), another session was in fact held - but its results were inconclusive.  The defense claimed that Judge Ravid himself should make the final decision, while the Prosecution said the case must be transferred back to the court that originally sentenced the pair. 

Judge Ravid agreed with the Prosecution, and exempted himself from further adjudication of the case. 

Where does this leave the brothers?  Observers familiar with the case told Arutz-7 that the brothers are on their way home - "hopefully until at least after the Passover holiday."

The brothers, Danny and Itzik, had asked that their prison terms be delayed until President Shimon Peres has a chance to consider their request for a pardon.  They said it would be pointless to enter prison before Peres begins reviewing their case.

The Case

The two brothers, members of the emergency security team of the community of Maaleh Rechavam, were convicted of shooting at Arabs who infiltrated the town's fields.  They have maintained all along that they did not shoot at all, even though the Arabs attacked them.

The incident occurred in February 2004.  When the Arab gang entered the fields, the local security officer called two members of the local fast-response security team - Danny Halamish, 35, and his brother Yitzchak, 28 - and the three went out to banish the Arabs from the fields where Jewish children play.  The mob attacked the three with rocks and sticks, and then surrounded them.  The security officer shot at the ground in front of the Arabs, and then he and the Halamish brothers retreated. 

"The next thing we knew," Danny Halamish told Arutz-7, "the police came to arrest us - after the Arabs claimed that we had attacked them!... I have nothing to confess, since we did not shoot.  But even more importantly: I have no intention of apologizing for having gone out to protect Jews.  Even if I have to sit in prison for a few months, I will not say that it is wrong to do what I did.  What do we have a State for, if not to protect ourselves?  The State has lost its way..."

Danny, married with two children, says that though his legal position is solid, "the courts have taken the strange position that because we didn't make certain claims at the right time, our conviction stands. This is unheard of..."  In addition, the police fired the guns afterwards, thereby neutralizing the brothers' claim that the guns had not been fired.

For more details, see these Arutz-7 stories:

Two Brothers on Their Way to Jail for Protecting Jewish Town

Activist Groups Unite to Thwart Halamish Jailing