Why the ultra-Orthodox politicians won't let the government investigate

What else is important RE: the Meron tragedy investigation?

The political and rabbinical ultra-Orthodox leadership are still preventing the appointment of a state investigation commission. Their objections are anchored, to a great degree, in an offhand rejection of the legitimacy of the civil judicial system in general and of the Supreme Justices in particular, as we have repeatedly outlined here.

Uri Regev 03/06/2021 22:46

Tags: Mount Meron ·  Haredi parties ·  Haredim

Mount Meron, source: Wikipedia

We are all pained, and we mourn the 45 casualties of the Meron tragedy, as well as the two tragedies of the Karlin Hassidic dynasty tragedy. We hope for the full recovery of the hundreds who were injured.

The political and rabbinical ultra-Orthodox leadership are still preventing the appointment of a state investigation commission. Their objections are anchored, to a great degree, in an offhand rejection of the legitimacy of the civil judicial system in general and of the Supreme Justices in particular, as we have repeatedly outlined here. They don’t speak publicly about this often, but sometimes it is voiced, especially in the ultra-Orthodox sector’s media outlets. Thus, for instance, MK Uriel Busson (Shas) responded to the interview on Kol Chai ultra-Orthodox radio: “I met one of the great Sephardic decisors who expressed shock over the fact that there are people who support a national investigative commission headed by a Supreme Court Justice that would oversee the holy place: ‘How can you vote with your hands for an ‘arka’ot’ judge?’”

He was referring to ‘arka’ot shel goyim’ (gentile courts), which, according to this religious conception, Jews are prohibited adjudicating before them, and this prohibition applies also to Jewish judges in Israeli courts. We pointed this out, for instance with regard to issuing a “writ of refusal” (i.e. imposing a religious ban with multiple sanctions) against those who dare adjudicate before the state’s civil courts, instead of the ultra-Orthodox private courts. The following was written a few days ago in the editorial of a popular ultra-Orthodox news website: “Behadrei Haredim”.

“The rabbis and the decisors pointed to the specific clause in the Shulkhan Arukh… that orders that one may not adjudicate before star worshipping judges and their courts, even… when they adjudicate according to Jewish law, and even if the two litigants are willing to adjudicate their case before them… anyone who comes for adjudication before them is evil, and it is as if he was cursing and blaspheming and raising his hand against the Torah of Moses our rabbi, may he rest in peace… This is what the holy Torah is commanding us… we are ultra-Orthodox; we are not nationalistic… we should not be swept up by the propaganda campaign, which threatens to wipe out the ultra-Orthodox identity and implant in us nationalistic state values.”

They are not satisfied with delegitimization of state courts. Some of them go beyond denying their own responsibility and place the blame for the Meron tragedy and the casualties’ shed blood squarely on the shoulders of the Supreme Court itself! How so? Because the Supreme Court, so they claim, did not rush to enforce the expropriation of the site and transfer it to state administration, as was sought back in 2013 by the then Minister of Finance Yair Lapid. Rather, the Court made it possible for the “committee of five” to continue running the site (four representatives of the ultra-Orthodox trusts and a representative of the state that served as Chairman).

The truth is, of course, entirely different than the current assault on the Court. It gave its stamp of approval to an agreement between the State and the ultra-Orthodox trusts, which fought against the expropriation. The agreement, which the Court permitted, provided for an additional three-year trial and mediation period in order to examine whether the expropriation could be avoided. The ultra-Orthodox leadership blessed the temporary suspension of the expropriation, as could be read last year in an ultra-Orthodox news outlet: “A dangerous precedent of state expropriation of holy places of all religions was prevented.”

A special attention should be paid to the revolt of most of the casualties’ families against the attempt of its political representatives to stymie the investigation, as well as the call by some important ultra-Orthodox journalists to launch an independent genuine investigation.

This occurred as a continuation of the hue and cry of the ultra-Orthodox Ashkenazic and Sephardic leadership in the preceding years, as we find, for instance, on another ultra-Orthodox website article from 2015: “In the coming month, the Supreme Court is about to hear the petition of the trusts… to void the expropriation order, which was signed by the former Minister of Finance Yair Lapid, as part of his battle against everything that is dear and sacred to Judaism… the expropriation runs contrary civil human rights, basic liberties, and freedom of religion. If the expropriation was conducted by any other country in the world, even the heads of the State of Israel would have voiced a great cry… woe to us that the Holy of Holies… will turn into, God forbid, a den of criminals… we… forcefully demand to void the arbitrary expropriation and anyone involved in this misappropriation will not be absolved…” There is no bound to the hypocrisy of the ultra-Orthodox leadership, which now comes out against the Supreme Court!

A special attention should be paid to the revolt of most of the casualties’ families against the attempt of its political representatives to stymie the investigation, as well as the call by some important ultra-Orthodox journalists to launch an independent genuine investigation. As was written by one independent ultra-Orthodox editor: “The concern that some political element will feel uncomfortable is more important than the value of human life – this is simply inconceivable!”

Following the Karlin tragedy, he wrote again: “The silent tombstones of the 47 victims – from Meron to Givat Ze’ev… cry out: enough with the certificate manufacturing line, enough with the pressure of an MK friendly with the Police Commissioner, leaning on him to tell a police officer to cut a corner and approve a large scale event, which does not meet safety standards. Enough with the scams, the amateurism, the ‘smokh’ [trust me it will be ok] Israeli culture, which meets the shtetl ultra-Orthodox culture and creates a sure prescription for disaster. Enough with the conception that an uplifting spiritual experience comes before human life…”

Similarly, another journalist writes: “It’s a week since the shocking Meron tragedy. 45 victims. A week, and we have not heard of anyone who has been investigated, one(!). Let alone, arrests. It’s not for nothing feels that someone is trying to whitewash the investigation. State investigation commission!”

For many years, criticism regarding the ultra-Orthodox leadership has been voiced, but this time, it is being accompanied by wide internal awakening, critical, independent ultra-Orthodox media, callous disregard for the victims, and deceitful, relentless cynicism. All these and the examples above demonstrate how great the need is not only for internal soul searching and enforcement of the law, but also the recognition that the good of the State of Israel and the ultra-Orthodox population itself demands that we leave this leadership outside Israeli governmental circles.