Modern Orthodox Rabbis To Prime Minister: Move Graves, Build Emergency Room Immediately

The rabbis ruled that the graves in question fall under the halachic ruling that "a grave that damages or interferes with the rights of the public can be removed."

Tzohar rabbis to PM: Remove Barzilai graves
Rabbis' organization presents Netanyahu with halachic principles that support relocation of graves for construction of Ashkelon hospital emergency room
Kobi Nahshoni • Ynet

The Tzohar rabbis' organization on Monday appealed to Prime Minister Benjamin Netanyahu with a demand that he order the evacuation of the graves located near the Barzilai Medical Center in Ashkelon and the renewal of construction of the fortified emergency room at the site.

In a document to the prime minister and other bodies involved in the affair, the rabbis ruled that the graves in question fall under the halachic ruling that "a grave that damages or interferes with the rights of the public can be removed", and that they should therefore be relocated in a dignified manner.

The Tzohar rabbis highlighted in their letter the relevant halachic principles supporting their position. They noted that graves may be relocated in various cases for "the good of the public" including the expansion of synagogues or other public buildings.

The organization stressed that this permit can only be applied retroactively, and construction on such a site must not be planned in advance.

The letter also stated that: "It has been written that if the 'ruler' has the right to confiscate land, then a situation is created in which the dead is 'buried in a grave that is not his own', and this in itself is a just cause for evacuation. Indeed, it is not clear if these words apply to a Jewish 'ruler' or only a foreign one."

The letter went on to outline other general principles: "Graves must not be evacuated for general purposes, like using the ground for living or trade etc; when there is an evacuation permit it also applies to cemeteries and not just individual graves.

"Paving a road or building on an existing grave is considered a 'great disgrace' and has additional obstacles; the evacuation of a burial site must be done with the utmost caution and respect, in a solemn manner and by God-fearing people who are experts on the matter, even if the graves are of foreigners."

In the event that the committee which was formed to examine the issue decides not to immediately renew construction at the site, the Tzohar rabbis have requested to be informed of its arguments in order to consider their next steps.

The organization's chairman, Rabbi David Stav said at a visit to the site several months ago that the group sees no logical option of relocating the building, as this would involve high costs and a delay in construction.

Pikuach nefesh, the halakhic mandate to save lives, would have been the stronger ruling, and certainly a well supported one in this case. Yet the rabbis did not rule that pikuach nefesh mandated moving the graves.

Why?

Haredi rabbis often hold that pikuach nefesh only applies to situations of immediate saving of life. An action that will likely save a life a month or a year later does not fall under the halakhic category of pikuach nefesh, and therefore the Sabbath cannot be violated to do that action, and that action does not automatically trump other halakhot, Jewish laws.

Tzohar rabbis seem to have taken pains to avoid confronting haredim on this hot button halakhic issue, instead ruling that, at its simplest level, Jewish law allows the graves to be moved if it benefits the public.

I think the ruling is fundamentally wrong.

Pikuach nefesh is the most important halakhic principle we have, and above any other halakhic rationales that may exist, pikuach nefesh mandates moving the graves immediately so the fortified ER can be swiftly constructed.

To rule without mentioning this is to minimize the importance of saving lives, and that is both morally and halakhicly wrong.

Comments

[Abracadabra]

Well, at least the MO rabbis banded together to rally for what is the right thing to do!

AND they provided halachic sources for their ruling! How refreshing and innovative!

Providing halachic sources for their ruling will fly in the faces of Rabbis Elyashiv, Kanievsky, and others who seemed to have based their halachic ruling of not moving the graves on the theocratic rule of "Because I said so".

[zach]

Tzohar rabbis seem to have taken pains to avoid confronting haredim... So what? They are pushing for the emergency room and have found an "out" that this very powerful group may find amenable. Regardless, it's absurd to criticize Tzohar in this case.

[Maskil]

Shmarya: Perhaps the government, in which Haredi representatives of these Haredi rabbis sit, has the power to take other actions (or to halt certain actions currently being taken) to prevent the loss of these same lives. If this is the case the MO rabbis are trying to avoid the insertion of the recognition that lives might be at stake here because if that were the main problem the Haredi Knesset members would not be able to justify their support for the government at all. And thus they take pains to avoid confronting an issue that brings the entire modus operandi of Orthodox parties in the government into question.

What you point out is clearly true as you demonstrate, but given the current need of both the MO and the Haredim to justify remaining supporters of the government by dismissing the problems of pikuach nefashot as irrelevant, the reason you conclude for their doing so in this ruling (to avoid confrontation) may not be the right one.

Unless of course you thought of that and drew your conclusion regardless, then I'd be inclined to agree completely (i.e. even with the rationale).

[bootsy]

----Pikuach nefesh is the most important halakhic principle we have----

IMHO, you don't have any halakhic principles, so that would be a fundamentally faulty statement.

and that you say that you believe differently about the correct application of pikuakh nefesh. What do you care to back that up with? a source or two please?

[who knows]

MO rabbis came with up with a greater principle, which includes, but not limited to pikuah nefesh - "a grave that damages or interferes with the rights of the public can be removed."

I think this principle will allow much more freedom of economic activity in land of Israel then a narrow "pikuah nefesh" one.

Good for MO rabbis. It is time to confront obscurantists who are destroying Judaism in the name of preserving it.

[Yakira]

I believe that the MO rabbis did a great service by acknowledging the importance of the emergency room over the graves and backing it up halakhically. I also understand Shmarya's perspective that it should have been based on pikuah nefesh. I totally agree with both conclusions and at the end of the day, the MO rabbis finally stood up to the annoying, irrational Haredim.

[rabbi festus]

MISTAKE ALL OF YOU

recent daf yomi in sanhedris 47 damage to the public means making the tamei mes which is no issue here. Generally if they bought their graves or were buried with permission which presumably they did they cannot be moved.

Besides, if we move our own graves , what will stop the European and Arab nations from desecrating Jewish cemeteries in their countries?

[who knows]

Rabbi festus, in case you don't know, Arab, European and other nations do move Jewish cemetaries when need arises. There is no reason to be afraid of setting bad example here.

The only bad example is that which Haredim show in this case by preferring old graves to life.

[Bilaam's Ass]

rf, meforshim explain that Braitha in Sanhedrin 47b as only an Azhara so that-as a precautionary measure (it) will prevent (the) unwarranted and unnecessary transference of bones.

Besides, the bavli clearly states Lechatkhila Graves injurious to the Public may be cleared. Period. The only bedieved is as above.

Thirdly it is not at all clear we are dealing with 'bought, permission' or known graves, these were discovered...

[nobody]

If haredi activists/politicians/extremists had not made an issue out of this, the graves would have been respectfully and Europe or anyone else in the world would have had no idea it happened - just as it routinely happens when a need arises in any country. This is a most serious need. Now the haredi establishment has brought this issue to the world's attention - Even though it is STILL inane to say that because of this, Europeans will not wantonly toss graves around. Europeans will do whatever they will do regardless of what is done in Israel. In our case, we are taking a serious precaution to save lives in building a medical facility. So how does that compare to tossing around graves to pave a road or put a shopping mall in europe? It doesn't compare. These types of arguments are silly and only reflect the flimsy halachic basis from which that side is arguing from. The haredi establishment does NOT have halacha on its side, so they resort to juvenile comparisons that are supposed to evoke your emotions. This has nothing to do with Europe.

[nobody]

That first sentence should have said "would have been respectfully relocated"

[nobody]

Wow, another typo. This sentence should have read: "Now the haredi establishment has brought this issue to the world's attention - Even though it is STILL inane to say that because of this, Europeans will now wantonly toss graves around."

'Now,' not 'not.'

[Abracadabra]

Hi Bilaam's Ass - nice to see your name here again. It's been a while.