Court debates Gaza synagogues
Justice Edmund Levy criticizes officials, says preparations should have been made for synagogues in advance
Supreme Court Justice Edmund Levy berated the State's representative Tuesday, saying the government considered everything to do with the Gaza Strip pullout - except the synagogues.
“I hear all the time that there are solutions for everything – but there’s not solution for the ‘synagogue problem’?” fumed Levy.
Levy was addressing an appeal to halt the destruction of synagogues in Gush Katif submitted by Rabbi Yishai Bar-Hen, rabbi of the Elei Sinai settlement, and Noah Folberg, an expert on ancient Jewish synagogues.
The appeal calls on IDF forces to leave the prayer houses alone, and says the state failed to consider all options to preserve the synagoguges.
Religious freedom
In the course of many appeals and hearings surrounding the disengagement plan, the court has heard many “burning” issues, but none as emotional the debate regarding the future of Gush Katif synagogues slated for evacuation.
The pair claims that by destroying the synagogues, Israel is breaking international agreements according to which it is required to protect freedom of religion and be sensitive to religious feelings.
The pair’s lawyer, Gilad Korinaldi, said the appeal received the blessing of former Chief Rabbi Ovadia Yosef.
At the end of the day, the court decided to halt the demolitions for two days while “other options” are being considered, including a proposal to take down the synagogues and rebuild them over the Green Line.
Symbolic value
Both observant judges on the court – Edmund Levy and Elyakim Rubenstein – together with Justice Dorit Beinish, debated the appeal.
Rubenstein said, “Part of the inner sting would be taken away if we the new synagogue to be built at Nitzan were the same one left behind in Gush Katif.”
He also said there would be symbolic value if even a few stones from the existing synagogue were transported to the new site.
“We don’t have to put the whole thing on a semi-trailer and bring it ‘as is’ to Nitzan,” he said.
State: no exact replica
State representative Avi Lichet stressed technical limitations would not be possible to create an exact copy of the synagoguges inside the Green Line
He also said all religious items would be removed from the synagogues before destruction, leaving only the walls to tear down.
But Korinaldi rejected the claim, even breaking down in tears towards the end of the session, saying it would be better for non-Jews to sack the synagogue than Israelis.
