Judge Shmuel Herbst
Judge Shmuel HerbstCourt Service Press Release

The president of the Jerusalem Magistrate's Court, Judge Shmuel Herbst, has rejected a police request to ban journalist Arnon Segal and his son from the Old City for 45 days.

The two were detained for questioning after Segal documented his son leading a young goat intended as a Passover sacrifice near the Old City.

In his ruling, Herbst determined that no reasonable suspicion of a criminal offense had been established and dismissed the police’s claim of animal abuse. “I did not find that a reasonable suspicion exists," he wrote, adding, “We all love animals, but most of us also eat them. It cannot be said that every animal destined for slaughter makes the person slaughtering it an abuser."

The judge described the act as a form of protest against current arrangements on the Temple Mount, noting that “its time has passed and its sacrifice is null," since the permitted time for the offering had already elapsed. He also opened his decision with a historical and halachic overview, emphasizing that the Passover sacrifice is a central commandment tied to the memory of the Exodus from Egypt and the redemption of the Jewish people.

Addressing police claims that the incident posed a security risk, Herbst ruled that no sufficient evidence had been presented. “Claims of danger and volatility require proof, and such proof was not brought before me," he stated, warning against relying on general assertions and noting that previously accepted “security axioms" must be carefully reexamined.

Herbst further noted that Segal and his son reside in the nearby City of David, and that banning them from the Old City would significantly infringe on their freedom of movement. Instead, he ruled that they would be barred only from the Temple Mount area, which is already closed to visitors during the holiday period.

Attorney Nati Rom of the Honenu welcomed the decision, saying, “There are real judges in Jerusalem. A ruling that respects the deep yearning of the people of Israel is one that honors the judicial system. I hope the police will draw conclusions."

Segal also responded, saying the court had rejected the police’s request for an extended ban and had underscored the importance of the Passover offering in its reasoning. “There are real judges in Jerusalem," he echoed.