A unique new mall in Herzliya - the likes of which exist in only two places in the United States, according to the owners - has drawn much attention not only for its grandiose nature, but also because of the bold relief in which it has placed the relationship between business and Torah.
The new Arena Mall on the Herzliya coast seems to have everything: game-halls, a rain forest, eight movie theaters, Disneyland-style rides and attractions, many dozens of stores, public auctions, and much more. Parts of it are specially designed for teenagers during certain hours, children at other hours, and businessmen and adults at other times. "There's something for everyone," says Moti Zisser, one of the owners, "whether they want to spend five shekels or 1,000 shekels."
Aside from the question of when and if the mall will earn back its tremendous investment, Moti Zisser is perturbed by another matter: The mall will be open on the Sabbath, against his will. An observant Jew, Zisser explained to Arutz-7 today that though he is being attacked in some of the religious Israeli press,
"It's not all up to us. For one thing, the mall is owned by a company that is a 'granddaughter' of our family business. We thus own barely 20% of the mall, while non-Jews [who are not bound by Judaism's Sabbath laws] own over 25%, and many stockholders in Israel and U.S own the rest. I have no management position nor authority in that company. This does not mean, of course, that I have no influence. They know that I object very much to its opening on Sabbath, but the bottom line is that they make their decisions based on business considerations..."
Zisser explained that the problem is that the contracts drawn up with the various businesses do not ban Sabbath operations, for the following reason:
"Seven years ago, when we started building, then-Mayor Eli Landau enforced Sabbath laws very much, and in fact the atmosphere in Herzliya was oriented very much towards having no commerce on the Sabbath. Our contracts merely stated that the businesses would operate in accordance with the local laws, and there did not seem to be a problem. In the meantime, however, a new mayor was elected, Yael German of the Meretz party, and the city policy regarding the Sabbath has changed - thus that the businesses say they are allowed to be open on the Sabbath. We can't even change the wording on the contracts with the new stores, because the contracts have to be uniform. Now, looking back, I wish I had done what Lev Levayev did with his Achim Mall, and that is to specify that the stores would not be open on the Sabbath."
Zisser said that he turned to "Rabbi Vozner's rabbinical court in Bnei Brak, possibly the strictest one around, which worked on the case for a few months, and gave what I think is a very courageous ruling. They ruled that the indirect nature of my ownership, etc., might enable them to find a way to permit me to benefit from the Sabbath earnings - however, because the matter concerns not only Sabbath desecration, but also the honor of the Sabbath, they ruled that I must sell my share to a non-Jew [who is not forbidden from earning money from the work of others on the Sabbath]. However, I need not sell it at a loss." He said that he plans to do so, and that until then, he will not benefit from the Sabbath earnings.
Zisser's conclusion from the affair:
"There needs to be a public and religious discourse on the matter of Torah and modern business. I admire Rabbi Vozner's ruling because he did not say I have to sell it immediately - meaning that he recognizes that the relationship between business, tourism, real estate, hotels, and the like, on the one hand, and Torah and Jewish Law, on the other hand, is very complex and cannot be ignored. We can't just hide our heads in the sand and protest against Sabbath desecration; we must rather meet these questions head-on."
Rabbi Yisrael Rosenne, of the Tzomet Institute in Alon Shvut, Gush Etzion, told Arutz-7 today that his institute has, in fact, long been dealing with questions of this nature. See