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Jan 3, 2023
follow the Rabbanut
There has been a lot of criticism of Minister Ben Gvir's ascent to Har Habayit this morning, most of it expected and standard, run of the mill boilerplate criticism - from the religious end to political to diplomatic, etc.
One piece of criticism seems unique to me. That if Chief Rabbi Yitzchak Yosef
Rav Yosef's criticism included a bit, in addition to the boilerplate stuff about it being prohibited, that as a Minister representing the State of Israel he is obligated to act in accordance with the instructions of the Rabbanut that prohibits ascent to Har Habayit.
That is an interesiting point to make. Forgetting what any person or rabbi might hold about goign to Har Habayit, the Rabbanut's position is clear that it is prohibited and then a member of the government and a representative of that government has to do what the Rabbanut says.
Can secular Ministers be told they must keep Shabbos because the Rabbanut says watching television and driving your car on Shabbos is prohibited? Do they all have to eat kosher because the Rabbanut says shrimp is not kosher?
As a minister is Ben Gvir or anyone else obligated to follow the Rabbanut, whether he agrees with them or not? What about Members of Knesset and Deputy Ministers?
Interesting to consider.
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The Rabbinate is the official "Posek" for government issues. For example when the Ministry of Health needed rulings on how to deal with halachic issues connected to Carona, Leitzman as (Deputy) Minister of Health went to the Rabbinate and not to the Gerr Rebbe or his personal Rav/Posssek (Rav Lau recently published a book of Shutei Carona, many of the Sheilot came from the MOH).
ReplyDeleteHowever this doesn't mean that Leitzman was required to follow rulings of the Rabbinate on all issues, only things connected to the Ministry that he was then responsible for.
So if Bin Gvir was representing the government in his walkabout on Har HaBayit, he probably should have followed the ruling of the Rabbinate. However if he went on to Har Habayit as a private citizen, he should follow whichever Halachic Authority he normally would consult.
With regard to your question "Can secular Ministers be told they must keep Shabbos" - if they are representing the state or carrying out official duties, I think that they are required to not violate Shabbat on behalf of the government, and I believe that all government functions must be kosher. However if they are acting as private citizens they have the right to do whatever they want.
Would be interesting if a government event could use a Kashrut certification not recognized by the Rabbinate (such as Tzohar), or if the government's standard of Kashrut must be approved by the Rabbinate.
the distinction isnt clear. when is one considered representing the government and his office and when is one not? When Ben Gvir went to Har Habayit, was he going up in the na,e of the government or as a private citizen, though even as a private citizen he is doign ti as a minister with ummunity and certain public standing. When Litzman asked the Chief Rabbinate, it was directly on behalf of the office he ran, so that makes sense. In the case of Ben Gvir on Har Habayit it seems a bit more unclear. going as a private citizen, Rav Yosef's comment seems misplaced. I doubt Ben Gvir would say he was representing anyone other than himself this morning
Deletedoes it really matter what mk gvir would say?
Deletehe said unto him: 'Say on.' {S}
יז וַיֹּאמֶר שְׁמוּאֵל--הֲלוֹא אִם-קָטֹן אַתָּה בְּעֵינֶיךָ, רֹאשׁ שִׁבְטֵי יִשְׂרָאֵל אָתָּה; וַיִּמְשָׁחֲךָ יְהוָה לְמֶלֶךְ, עַל-יִשְׂרָאֵל. 17 And Samuel said: 'Though thou be little in thine own sight, art thou not head of the tribes of Israel? And the LORD anointed thee king over Israel;