Posted on 10/25/2006 9:28:29 AM PDT by Esther Ruth
Police Minister Supports Police in Western Wall Shofar Incident
15:13 Oct 25, '06 / 3 Cheshvan 5767
by Hillel Fendel
The Knesset held a mini-debate Wednesday morning on the arrest of a young man for blowing a shofar at the Western Wall this past Rosh HaShanah.
Several Knesset Members of the National Union party had submitted a Knesset query to Public Security Minister Avi Dichter, who oversees the police department, regarding the arrest. The basic thrust of all the queries, to which Dichter responded today, was: "How can it be that in a Jewish state, a man is arrested in the middle of prayers at the Western Wall on the holy day of Rosh HaShanah for blowing a shofar?"
The circumstances of the case, as reported on Arutz-7 almost a month ago, were as follows: On Rosh HaShanan morning, a group of worshipers were in the midst of the Mussaf prayer, at the area known as the Kotel HaKatan, the Small Western Wall (pictured). The Small Wall is a northern extension of the Western Wall, standing opposite the presumed spot of the Holy of Holies of the Beit HaMikdash. The service was thus one of the most solemn prayers of the Jewish year, taking place at Judaism's most sacred widely-accessible location.
As is customary according to Sephardic practice, the shofar (ram's horn) is sounded several times on Rosh HaShanah, including during the silent recitation of the Mussaf prayer. When 20-year-old Eliyahu K. began sounding the shofar during the prayer, Border Guard policemen entered the area and began trying to pull him away. However, Eliyahu did not cooperate or move, as one may not move one's feet while reciting the silent prayer.
As one eyewitness later told Arutz-7, "The policeman then called on his radio and said that [Eliyahu] was in the middle of praying and that they would arrest him afterwards - but the order came back to arrest him right then." The police started dragging him out, and when they stopped for a moment, he got up and resumed his prayers. This procedure repeated itself until the policemen finally allowed him to complete his prayers.
Eliyahu was finally arrested, and was released hours later after being ordered not to frequent certain areas of the Old City; the latter order was rescinded nearly a week later.
Adding insult to injury in the case was the police refusal to acknowledge the eyewitness accounts. Instead, Police Spokesman Shmulik Ben-Ruby repeatedly told Arutz-7 that Eliyahu was blowing the shofar "after the prayers were finished" and that "he had already been blowing enough" and was therefore asked to stop. This, in spite of the fact that several participants confirmed that Eliyahu and the others were in fact in the middle of prayers when the incident occurred.
MKs Benny Elon, Uri Ariel and Zevulun Orlev, all of the National Union/National Religious Party, submitted Knesset queries to Minister Dichter. They demanded to know how a shofar-blower at the Western Wall could be arrested on Rosh HaShanah by a Jewish government. In addition, MK Elon emphasized that the police account differed from that of several eyewitnesses.
In Dichter's response today, he said that the policeman was within his rights in using the force he used, in consideration of the fact that it was the beginning of Ramadan, tensions were high, "and in his judgment, the correct course of action was to stop the shofar blower."
MK Benny Elon responded that the police version of what happened contradicted that which many eyewitnesses said actually occurred. He asked the minister to check into the incident again, offering to provide him with the telephone numbers of participants in the prayer service. He also said that the policemen had behaved illegally by interrupting the worshiper in the middle of his prayers.
MK Zevulun Orlev said that he was very disappointed by Dichter's answer, "because I thought that the government of a Jewish State would allow what the British government did not. It is well-known that the anti-Semitic British Mandate government persecuted a shofar-blower at the Western Wall. [The reference is to the late 1920's, when the British attempted to appease the Arabs following violence at the Wall and forbade shofar-blowing there. At the conclusion of the Yom Kippur services in 1929, a man named Moshe Segal blew the shofar - and was immediately arrested by the British. Though he had fasted for the previous 25 hours, the British detained him without food until midnight, when he was finally released. Nearly 40 years later, following the first Yom Kippur service at the Wall under Israeli sovereignty, shortly after the Six Day War, the shofar was again sounded - by Moshe Segal.]"
"Ever since the Six Day War," Orlev continued, "the shofar is sounded at the Wall on Rosh HaShanah as an intrinsic part of the prayer service, and it has never been forbidden. The police know that the shofar is sounded, and they can make the proper preparations in advance. The Moslems, too, will not object, for there is a status quo allowing every religion to keep its commandments. The only reason that they would object is for nationalistic reasons, and then the police must deal with this."
Orlev concluded, "To say that when a Jew blows the Shofar on Rosh HaShanah under a Jewish government at the Western Wall consists a disturbance of the peace is total insanity. I ask the minister if he would be willing to reconsider the matter, in order to have a policy whereby Jews can fulfill their mitzvot [religious commandments] all along the Western Wall, including the Small Wall."
MK Menachem Porush (United Torah Judaism) noted that in addition to the shofar problem, just the very fact that the police disturbed a worshiper in the middle of his prayer is grounds for strong complaint.
Arab MK Muhammed Barakeh also spoke up, saying, "I am not expert in the details of the case, and I can also understand the minister's answer about the sensitivity of the location and that it could lead to all sorts of tensions, but I think that no one, whoever he is, should be disturbed in the middle of his prayers."
Dichter responded again, saying, "There is no status quo at the Small Wall, as I said before, meaning that there are no set arrangements as there are at other places such as the Machpelah Cave. Rather, the policeman is allowed to use his judgment, whether at the Small Wall or any other place, even if it be a holy site. The policeman has an absolute right to use his judgment regarding the danger of a public disturbance - even if someone is in the middle of the Amidah or any other prayer - based on the considerations of Ramadan and the Moslems passing through the area and the like..."
"Regarding the matter in general," Dichter said, "we must look into how we can allow several things at once: Moslems passing through the area, Jews praying there, Jews blowing the shofar, respecting both religions - and how to do all this [a smile began to appear on his face - ed.] in a way that properly befits the State of Israel, this is something that I promise to look into."
Asi Talmon, spokesman for the National Union party, later told Arutz-7 that the MKs intend to press the matter with further queries to Minister Dichter, in the hope of ensuring that the incident does not repeat itself.
Published: 12:21 October 25, 2006 Last Update: 15:13 October 25, 2006
MK Zevulun Orlev said that he was very disappointed by Dichter's answer, "because I thought that the government of a Jewish State would allow what the British government did not.
It is well-known that the anti-Semitic British Mandate government persecuted a shofar-blower at the Western Wall. [The reference is to the late 1920's, when the British attempted to appease the Arabs following violence at the Wall and forbade shofar-blowing there.
At the conclusion of the Yom Kippur services in 1929, a man named Moshe Segal blew the shofar - and was immediately arrested by the British. Though he had fasted for the previous 25 hours, the British detained him without food until midnight, when he was finally released.
Nearly 40 years later, following the first Yom Kippur service at the Wall under Israeli sovereignty, shortly after the Six Day War, the shofar was again sounded - by Moshe Segal."
"Ever since the Six Day War," Orlev continued, "the shofar is sounded at the Wall on Rosh HaShanah as an intrinsic part of the prayer service, and it has never been forbidden.
The police know that the shofar is sounded, and they can make the proper preparations in advance.
The Moslems, too, will not object, for there is a status quo allowing every religion to keep its commandments.
The only reason that they would object is for nationalistic reasons, and then the police must deal with this."
Orlev concluded, "To say that when a Jew blows the Shofar on Rosh HaShanah under a Jewish government at the Western Wall consists a disturbance of the peace is total insanity.
I ask the minister if he would be willing to reconsider the matter, in order to have a policy whereby Jews can fulfill their mitzvot [religious commandments] all along the Western Wall, including the Small Wall."
"young man for blowing a shofar at the Western Wall this past Rosh HaShanah."
Boy, the Jews really know how to take care of the help!
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