Chief Justice Aharon Barak said the final ruling would be issued in a matter of days. Destruction of the synagogues is on hold until then.
Justice Barak, presiding over the seven-justice panel, suggested that Israel turn to the Palestinian Authority and request that it be responsible for preserving the synagogues. The government representative responded that it has already done so, and that the results were not encouraging. One source close to the case said that the impression was that Israel had not made serious efforts to this end.
The Cabinet decided last month to destroy all buildings in Gush Katif, including the synagogues, before abandoning the land to the Palestinian Authority. However, the Chief Rabbinate Council resolved unanimously ten days ago that from a Jewish legal and moral standpoint, the State of Israel is forbidden to destroy synagogues in the Land of Israel. Aware of the government's contention that the Arabs are liable to desecrate the synagogues, the rabbis ruled that it would be worse for Jews to destroy the religious sites than for non-Jews to do so.
Present at the court hearing today were Rehovot Chief Rabbi Simcha HaCohen Kook and Haifa Chief Rabbi She'ar-Yashuv Cohen. The latter told Arutz-7 this evening, "First of all, the Court truly related to this issue with all seriousness. For instance, it allowed both Rabbi Kook and myself to present our views, both at the beginning and at the end. In addition, we were impressed by the judges' questions, especially those of Justices Barak, Rubenstein and Levy, as well as some of the others... I therefore think there is room for some cautious optimism."
The rabbis said that the government must turn to the United States, the United Nations, the European Community and the like, as well as the PA, and ask for international support in protecting the synagogues. Rabbi Cohen said that leading rabbis and rabbinical organizations in the U.S. had said they would make such a request of the Bush Administration if they were to receive the green light from Israel.
"The question is, of course," Rabbi Cohen said, "what should be done if it turns out that there is no such international protection or guarantees. We stated the clear Halakhic [Jewish legal] position that it would be better for non-Jews to desecrate the synagogues than for Jews to do so. We brought examples from our two Holy Temples that were destroyed: When the Jews saw that the Temples were about to be sacked, did they go and do it themselves? Of course not!"
The rabbis also emphasized the damage that would be done to Jewish efforts to prevent synagogues around the world from being razed by local authorities.
Justice Edmond Levy asked the government representative at one point, "Tell me the truth: Is the government really concerned about the sanctity of the synagogues, or is it just bent on erasing every last vestige of Jewish presence there? If the government is truly concerned about the sanctity of the buildings, then why not rely on President Moshe Katzav, who recently stated that the rabbis can be relied upon to decide such matters?"
Rabbi Cohen said that the government representative did not give a clear answer, responding merely that he did not think that erasing all signs of Jewish presence was the goal.
Justice Barak, presiding over the seven-justice panel, suggested that Israel turn to the Palestinian Authority and request that it be responsible for preserving the synagogues. The government representative responded that it has already done so, and that the results were not encouraging. One source close to the case said that the impression was that Israel had not made serious efforts to this end.
The Cabinet decided last month to destroy all buildings in Gush Katif, including the synagogues, before abandoning the land to the Palestinian Authority. However, the Chief Rabbinate Council resolved unanimously ten days ago that from a Jewish legal and moral standpoint, the State of Israel is forbidden to destroy synagogues in the Land of Israel. Aware of the government's contention that the Arabs are liable to desecrate the synagogues, the rabbis ruled that it would be worse for Jews to destroy the religious sites than for non-Jews to do so.
Present at the court hearing today were Rehovot Chief Rabbi Simcha HaCohen Kook and Haifa Chief Rabbi She'ar-Yashuv Cohen. The latter told Arutz-7 this evening, "First of all, the Court truly related to this issue with all seriousness. For instance, it allowed both Rabbi Kook and myself to present our views, both at the beginning and at the end. In addition, we were impressed by the judges' questions, especially those of Justices Barak, Rubenstein and Levy, as well as some of the others... I therefore think there is room for some cautious optimism."
The rabbis said that the government must turn to the United States, the United Nations, the European Community and the like, as well as the PA, and ask for international support in protecting the synagogues. Rabbi Cohen said that leading rabbis and rabbinical organizations in the U.S. had said they would make such a request of the Bush Administration if they were to receive the green light from Israel.
"The question is, of course," Rabbi Cohen said, "what should be done if it turns out that there is no such international protection or guarantees. We stated the clear Halakhic [Jewish legal] position that it would be better for non-Jews to desecrate the synagogues than for Jews to do so. We brought examples from our two Holy Temples that were destroyed: When the Jews saw that the Temples were about to be sacked, did they go and do it themselves? Of course not!"
The rabbis also emphasized the damage that would be done to Jewish efforts to prevent synagogues around the world from being razed by local authorities.
Justice Edmond Levy asked the government representative at one point, "Tell me the truth: Is the government really concerned about the sanctity of the synagogues, or is it just bent on erasing every last vestige of Jewish presence there? If the government is truly concerned about the sanctity of the buildings, then why not rely on President Moshe Katzav, who recently stated that the rabbis can be relied upon to decide such matters?"
Rabbi Cohen said that the government representative did not give a clear answer, responding merely that he did not think that erasing all signs of Jewish presence was the goal.