 Though I obviously abhor the statement by Shmuel Helpert, Member of Knesset on behalf of the ultra-Orthodox “United Torah Judaism” party, that eating chametz on Pesach is punishable by death or excommunication, I’m among the 80+% of Jewish Israelis who wouldn’t eat chametz during the week of Passover.
Though I firmly believe that Jews should stick to unleavened bread and related products during the festival, I’m opposed to a system that prohibits selling chametz in general and bread in particular on Pesach. As people who regard themselves as observant Jews, our family uses Pesach products. As a liberal Jew, I for one am for freedom of choice. I very much hope that Jews will choose to refrain from leaven during Passover, but I oppose every notion that they should be coerced to do so.
It seems that Judge Tamar Bar Asher-Zaban of the Jerusalem Municipal Court is of the same opinion. She ruled recently that chametz should be available in Israeli stores that want to sell it. Immediately, Orthodox groups were up in arms.
Shas wanted to raise the matter at the last Cabinet meeting but a bureaucratic manipulation thwarted the attempt. That’s why the Knesset was recalled for a special session to debate the issue. Its Speaker insisted in her opening address – improbably, I think - that it was for the legislature and not the judiciary to decide.
Prime Minister Olmert and Interior Minister Sheetrit disagree. Both prudently declared that “you can’t impose a lifestyle by means of legislation.” They know very well that those who want to eat bread during Pesach will find room for it in their freezers. If they live in Jerusalem, they only have to make a short trip to the Arab part of the city to get as many fresh pitas as they want.
Despite the objection of these and other ministers, and hopefully the majority of the Knesset members, efforts will be made by Shas to tighten the existing law that makes the sale of chametz on Pesach an offence. And the government, in its frailty and fear to lose its majority, may very well cave in.
Should Shas and its allies succeed the law will still be irrelevant. Those who wish to observe the rules of Passover will do so irrespective of legislation, because their commitment is of another order. And, as suggested above, those who don’t wish to observe will find ways of doing their own thing, irrespective of what the law says.
However, the current skirmish is significant in the larger context of trying to determine what makes Israel a Jewish state. As far as most Orthodox Jews are concerned, only the imposition of halakha, Jewish law as interpreted by the rabbis, can assure that. The fact that this would turn Israel into a Taliban state and, ironically, drive most Jews out of the country is being conveniently ignored or, perhaps, enthusiastically applauded.
The unholy alliance of religious fervor and political power remains blind to the ways in which Israelis want to be Jewish. Emunah Elon, an Orthodox newspaper columnist, draws attention to recent surveys that tell us that not only does the overwhelming majority of Jewish Israelis refrain from chametz on Pesach, and even more will attend a Seder, but also that at least 70% fast on Yom Kippur and even a higher percentage observe Jewish life cycle events. For them – for us – the religio-political maneuvers in high places should be deeply offensive.
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One point of clarification:
Rabbi Marmur writes: "It seems that Judge Tamar Bar Asher-Zaban of the Jerusalem Municipal Court is of the same opinion. She ruled recently that chametz should be available in Israeli stores that want to sell it..."
In her ruling, the judge interpreted the following section of the statute FESTIVAL OF MATZOT (PROHIBITION OF LEAVEN) LAW, 5746-1986*
The relevant section is as follows:
“…the owner of a business shall not publicly display any leavened product for of sale or consumption. For this purpose, "leavened product" means - (1) bread; (2) rolls; (3) pitta; (4) any other leavened flour product.”
[my emphasis added]
The statute can be found at http://tinyurl.com/53qur5
For media coverage of the issue, please visit
http://religionandstateinisrael.blogspot.com/
Chag Pesach Sameach,
Joel Katz