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Apr 13, 2015
Arab chametz confiscated at hospital
Israel being a Jewish State can cause problems for people, especially (though not limited to) those who are not members of the Jewish faith.
By its very nature and definition, the qualification of Israel as a Jewish State is discriminatory in nature, to some extent, as those who are not Jewish or do not want to function according to Jewish guidelines (not sure defined by whom) will have their needs placed at a lower level of importance than the needs of the broader Jewish community. Often there is no conflict, and everybody can get what they need and be treated properly, but occasionally there is a conflict and someone is going to have his needs prioritized lower.
Israel is a democracy, and everyone is guaranteed their basic human rights, but as a Jewish State sometimes the "Jewish" takes priority in conflicts of needs.
An example of this is the Arab who was checked at the door of a hospital and his chametz taken away (on Pesach), so as to prevent the chametz from being brought into the hospital in Afula.
source: Walla News
Yes, an Arab is allowed to eat chametz on pesach, and there is no law against it. The hospital is concerned about having chametz on its premises, and therefore banned it during Pesach, even for non-Jews.
The Arab, Said Mehamid, has requested from the Ministry of Health and Ministry of Interior to abolish such rules about no chametz in hospitals on Pesach... and has said that if the ministries do not respond favorably to his demand he will petition the Supreme Court.
How should this be dealt with? I don't know. He has a right to eat chametz. The hospital has a right to not want chametz on its premises, potentially messing things up for the majority of patients and visitors.
Do I have the right to walk into a dairy restaurant with a hamburger in my pocket that I plan to eat there, just because I am lactose intolerant or have an allergy to gluten found in the pasta dishes?
His right to eat chametz is protected, and in his Arab towns it can even be sold, as the law rohibiting the sale of chametz does not apply to towns with a non-Jewish majority. But can he exercise that right everywhere, regardless of his surroundings? I see this as a conflict of his democratic rights with the rules of a Jewish state. He can eat his chametz in his own house or in open areas or in any building where the administrators do not care and allow him to, but a hospital that worked hard to clean for Pesach and wants the premises to be chametz-free for the benefit of the majority of its patients and visitors, it seems the Jewish issue should take priority. I wonder what the Supreme Court will say, if it makes it that far. The dilemma does not seem to be an easily solvable one.
Maybe he should have told the guard that the bread was kitniyot bread, rather than admitting to it being chametz...
By its very nature and definition, the qualification of Israel as a Jewish State is discriminatory in nature, to some extent, as those who are not Jewish or do not want to function according to Jewish guidelines (not sure defined by whom) will have their needs placed at a lower level of importance than the needs of the broader Jewish community. Often there is no conflict, and everybody can get what they need and be treated properly, but occasionally there is a conflict and someone is going to have his needs prioritized lower.
Israel is a democracy, and everyone is guaranteed their basic human rights, but as a Jewish State sometimes the "Jewish" takes priority in conflicts of needs.
An example of this is the Arab who was checked at the door of a hospital and his chametz taken away (on Pesach), so as to prevent the chametz from being brought into the hospital in Afula.
source: Walla News
Yes, an Arab is allowed to eat chametz on pesach, and there is no law against it. The hospital is concerned about having chametz on its premises, and therefore banned it during Pesach, even for non-Jews.
The Arab, Said Mehamid, has requested from the Ministry of Health and Ministry of Interior to abolish such rules about no chametz in hospitals on Pesach... and has said that if the ministries do not respond favorably to his demand he will petition the Supreme Court.
How should this be dealt with? I don't know. He has a right to eat chametz. The hospital has a right to not want chametz on its premises, potentially messing things up for the majority of patients and visitors.
Do I have the right to walk into a dairy restaurant with a hamburger in my pocket that I plan to eat there, just because I am lactose intolerant or have an allergy to gluten found in the pasta dishes?
His right to eat chametz is protected, and in his Arab towns it can even be sold, as the law rohibiting the sale of chametz does not apply to towns with a non-Jewish majority. But can he exercise that right everywhere, regardless of his surroundings? I see this as a conflict of his democratic rights with the rules of a Jewish state. He can eat his chametz in his own house or in open areas or in any building where the administrators do not care and allow him to, but a hospital that worked hard to clean for Pesach and wants the premises to be chametz-free for the benefit of the majority of its patients and visitors, it seems the Jewish issue should take priority. I wonder what the Supreme Court will say, if it makes it that far. The dilemma does not seem to be an easily solvable one.
Maybe he should have told the guard that the bread was kitniyot bread, rather than admitting to it being chametz...
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Labels:
Arabs,
jewish state,
pesach
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Good question about 'minority rights' and I also like your analogy. Surely, a restaurant owner would be required by the mashgiach to forbid people from bringing food from outside into the premises, but has anyone taken that to court? One shwarma stand I know has a sign claiming the [Rav Machfoud] mashgiach forbids bringing 1.5l bottles into the restaurant even if they are the same hashgacha of what the palce is selling in smaller (and more expensive) bottles.
ReplyDeleteWe do know that the people vs the cinema won the right to bring personal food into movie theatres.
I think the counter-argument is that a restaurant is different from a hospital. There is no compelling need to go to a restaurant -- it is just a convenience, or if a higher class restaurant, a form of entertainment. So it is fair game for a kosher restaurant to say "no outside food." If someone does not like that, they can stay home or find another restaurant.
ReplyDeleteA hospital is not something you generally chose to go to -- either you are in need of medical attention, or you are visiting a relative or friend who is. Hospitals, even private ones, are meant to serve the public in need. And they generally receive public money to do so.
Not saying that the hospital does not have a point -- it has to operate for its other patients, too. Everyone understands if a hospital, for example, does not allow loud noise, and limits the number of visitors to any patient at one time. The fact that Patient X wants all 135 members of his extended family to visit at once has to be balanced against the disturbance that would cause to the other patients.
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ReplyDeleteWas he a patient? If just a worker, perhaps the hospital can set up a designated chometz room at points in the building for use by non-jewish employees. Kind of like reverse of a kosher room in the USA hopitals for jewish visitors. (of course that room would be "sold with the chometz" for the duration of pesach.
ReplyDeleteAccording to the article he was a visitor. A relative (iirc, his wife) was a patient
DeleteI think you are ignoring the basic halachic premise,which is in his favor. The halacha clearly states 'yours you may not see; that belonging to others you may'. This regards the possession of hametz. I may not possess hametz on Pesah myself; but I am allowed to have hametz belonging to someone else on my property. It's pretty explicit. So the only defense the hospital has is that as a matter of good policy, not halachic requirement, they prevent any hametz from coming into the hospital to make keeping kosher easier and more sure. But it is not a rock-bottom halachic requirement.
ReplyDeleteThe restaurant analogy, as already pointed out, doesn't really work. Not only does one have a choice about going to a restaurant or not; but a restaurant is a business and so may set whatever reasonable policy or restrictions they see fit.
The other issues you raised about minority rights are valid, of course. But we should recognize what the actual halachic requirement is; and what is a policy issue related to, but not strictly defined by, halachah.
Halachicly it may have been OK for him to bring in Chametz, but lets assume that he was bringing the food for his wife who is a patient, and when she has finished eating she would naturally leave the left over food on her hospital Pessach food tray and plates, which would be cleared and washed with the rest of the hospital Pessach dishes.
DeleteWould you eat in a hospital if you knew that they had no way of preventing Chametz from being put on their Pessach dishes?
If the non Jew said that he would make sure he cleared up the crumbs, would you then eat off the dishes? (I for one wouldn't), it is a difficult situation, but if Public Hospitals have a policy of being kosher, they have to have a method of preventing non kosher food placed on their dishes.
Not sure what the correct solution is, but this is a case of minority rights (of the non-Jewish patient) clashing with the majority rights (of the Jewish patients).
Halacha certainly allows non-Jewish employees to get set aside a separate area or room on Jewish property, out of sight, for consumption of Chametz. So your first premise is correct, but you don't consider that the non-Jewish visitor will eat in a common area, in a room with Jews, or as Michael said, on the hospital utensils.
DeleteTruthfully, thought the medinah is 'Jewish'. The rules of the hospital need to be observed; just as it would be in any institution or any business and entity of any kind. Only when it comes to Jewish places and sites, excuses are made not to observe what is requested and required of its guests, patients, visitors, etc.
ReplyDelete