A religious writer complained that "hundreds of workers will have to work on the second day of Rosh HaShanah because of the New Arrests Law" - and MK Sha'ul Yahalom of the National Religious Party responded in HaTzofeh newspaper today. The following is a rough summary and translation of his response:
"The complaint is not true. The law in question was legislated seven years ago when I had the privilege of chairing the Knesset Law Committee. During my tenure in this position, I made it my goal to coordinate between Jewish Law and the many laws that I was responsible for legislating, and to thereby reinforce the Jewish character of the State.
"One of the main points of the New Arrests Law is the reduction of time in which the police are allowed to detain a suspect without bringing him before a judge. In general, this duration was cut down from 48 hours to 24. The law specifies that hearings before a judge should take place an hour after the Sabbath ends, and in cases of two consecutive holiday days, such as Rosh HaShanah, or a Sabbath immediately before or after a holiday, the permitted time would be 48 hours and the hearing shall take place an hour after the holiday or Sabbath ends.
"What happens in the rare case such as this year when two days of Rosh HaShanah are followed by the Sabbath? This raises a difficult question of whether to allow the police the right to possibly arbitrarily deny freedom to a suspect, without judicial supervision, and on days of holiday and Sabbath to boot, for three full days? This is an important question that must interest the Halakhic [Jewish legal] decisors no less than the legislators.
"And so I did what a NRP Law Committee Chairman should do: I turned to the Chief Rabbinate and asked to coordinate the decision with the rabbis. The Chief Rabbis at the time authorized a rabbinic judge, a member of the Supreme Rabbinical Court, to decide on the issue. The following principles were agreed upon: In rare cases such as the one that applies this year, a suspect may be brought before a judge only on the second day of Rosh HaShanah [which is of slightly less stringency], while ensuring a minimum of holiday desecration.
"Only six judges are affected by this ruling, and the courts will not be open over the course of the holiday and Sabbath. The judge can decide to hold the hearing in his home, at the place of arrest or at the police station, and the court guards, who work on Sabbath in any event, will aid the judge. Regarding the other workers, the law states that efforts will be made to prevent the desecration of the holiday. For instance, the judge can say that he will not write the protocol until after the Sabbath has ended.
"I admit it: Even though there are those who complain, I am proud of this arrangement, and I see it as a shining example of the integration of the values of a Jewish and democratic state with the implementation of Jewish Law in day-to-day life. I look forward to the continued challenge that Religious Zionism has placed before us - to sanctify that which is new."
***** Arutz-7 wishes its readers a happy and healthy Jewish New Year of 5765, in which we pray and hope to see the Nation of Israel overcome all difficulties, retain in entirety its legacy of Torah, Land and Nation, and emerge all the stronger from the many challenges we face. Our next news report will be on Sunday, Sept. 19.
"The complaint is not true. The law in question was legislated seven years ago when I had the privilege of chairing the Knesset Law Committee. During my tenure in this position, I made it my goal to coordinate between Jewish Law and the many laws that I was responsible for legislating, and to thereby reinforce the Jewish character of the State.
"One of the main points of the New Arrests Law is the reduction of time in which the police are allowed to detain a suspect without bringing him before a judge. In general, this duration was cut down from 48 hours to 24. The law specifies that hearings before a judge should take place an hour after the Sabbath ends, and in cases of two consecutive holiday days, such as Rosh HaShanah, or a Sabbath immediately before or after a holiday, the permitted time would be 48 hours and the hearing shall take place an hour after the holiday or Sabbath ends.
"What happens in the rare case such as this year when two days of Rosh HaShanah are followed by the Sabbath? This raises a difficult question of whether to allow the police the right to possibly arbitrarily deny freedom to a suspect, without judicial supervision, and on days of holiday and Sabbath to boot, for three full days? This is an important question that must interest the Halakhic [Jewish legal] decisors no less than the legislators.
"And so I did what a NRP Law Committee Chairman should do: I turned to the Chief Rabbinate and asked to coordinate the decision with the rabbis. The Chief Rabbis at the time authorized a rabbinic judge, a member of the Supreme Rabbinical Court, to decide on the issue. The following principles were agreed upon: In rare cases such as the one that applies this year, a suspect may be brought before a judge only on the second day of Rosh HaShanah [which is of slightly less stringency], while ensuring a minimum of holiday desecration.
"Only six judges are affected by this ruling, and the courts will not be open over the course of the holiday and Sabbath. The judge can decide to hold the hearing in his home, at the place of arrest or at the police station, and the court guards, who work on Sabbath in any event, will aid the judge. Regarding the other workers, the law states that efforts will be made to prevent the desecration of the holiday. For instance, the judge can say that he will not write the protocol until after the Sabbath has ended.
"I admit it: Even though there are those who complain, I am proud of this arrangement, and I see it as a shining example of the integration of the values of a Jewish and democratic state with the implementation of Jewish Law in day-to-day life. I look forward to the continued challenge that Religious Zionism has placed before us - to sanctify that which is new."
***** Arutz-7 wishes its readers a happy and healthy Jewish New Year of 5765, in which we pray and hope to see the Nation of Israel overcome all difficulties, retain in entirety its legacy of Torah, Land and Nation, and emerge all the stronger from the many challenges we face. Our next news report will be on Sunday, Sept. 19.