Nine High Court of Justice (HCJ) judges toured the area in
front of the Kosel last week in order to see for
themselves the situation on the ground with regard to the
possibilities of the "Women of the Wall" praying in the
vicinity of the Kosel.
A year ago the HCJ upheld a petition submitted by the
Conservative "Women of the Wall" holding that they must be
allowed to pray in the Kosel area wearing
talleisim and tefillin and to read from the
Torah.
This decision which was deeply damaging to the
kedushoh of the site met with fierce opposition from
the public, as a result of which the Attorney-General,
Eliakim Rubinstein asked the HCJ to hold a further hearing
with an enlarged quorum. At this hearing, which was held a
few months ago, the police informed the court that it was
opposed to the arrangement suggested by the judges, because
it would interfere with the public peace.
Nine judges reheard the case. At the same time, then
government secretary Adv. Yitzhak Herzog formulated a
proposal which would allow the women to hold their prayer
ceremony near the Robinson arch which is situated a short
distance from the Kosel. It is a tourist site and a
prayer ceremony at this location would not disturb Jewish
visitors praying at the Kosel. The Conservatives
accepted this proposal and since then have held several
ceremonies there.
Last Thursday afternoon the nine judges, accompanied by a
heavy police escort, visited the Kosel area and heard
detailed explanations about the options, which had been
suggested. The judges were joined by representatives from
the State Attorney's office, representatives of the
petitioners, the rov of the Kosel and of the
mekomos hakedoshim, Rav Shmuel Rabinovitz, the legal
adviser of the Ministry of Religious Affairs, Rav Hillel
Kulin, and Adv. Yitzhak Herzog.
The commander of the Old City police force, Chief
Superintendent Nisso Shacham, showed the judges the various
sites around the Kosel and stressed the security
ramifications of having to protect a group of worshipers at
the Kosel itself each time a ceremony took place.
Adv. Herzog presented a very convincing case for the
Robinson arch option, arguing that although this may not be
the perfect solution from the legal point of view, it was,
in his option, the solution most likely to prevent any
ruptures to the fabric of Israeli society.
During the tour, Justice Aharon Barak asked the Kosel
rav for his opinion. Rav Rabinovitz replied that "from the
halachic point of view we are opposed to any ceremony which
is contrary to halocho wherever it takes place. The
nature of prayers at the Kosel for thousands of years
will not change."
In the coming weeks the judges of the HCJ will consider the
case and deliver a ruling on the petition.
