K A S H R U T . C O M_©

Israel's High Court Rejects Rabbinate’s Request, Allows Chametz in Hospitals on Pesach

January 10, 2021 - from Hamodia:

"High Court President Justice Esther Hayut on Sunday rejected the Chief Rabbinate’s request to determine that the state can enforce not bringing chametz into hospitals during Pesach. This came after a request for a further hearing, following an order issued by High Court judges last April, which determined that hospitals have the authority to prohibit those entering their gates from bringing in chametz during Pesach."

"In a request for a further hearing, the Chief Rabbinate argued that the decision that the ruling would harm the kashrus of the food provided by the hospital.'But as it has been ruled,” Judge Hayut responded, “this concern does not constitute a source of authority for a substantial violation of the fundamental freedoms we have upheld, especially since the prohibition is explicitly based on religious considerations and involves sensitive issues of religion and state, without the legislature giving [its] opinion. '"

"Hayut added that 'it is to be hoped that the Rabbinate and the Health Ministry will find an appropriate solution that will preserve the rights of all patients as soon as this coming Pesach, so that those who wish to bring in chametz will be able to do so.'"

"Shas leader Minister Rabbi Aryeh Deri said that “it is inconceivable that in a Jewish state, hospitals will be required to allow chametz on Pesach.

"'Immediately after the election, the Shas faction in the Knesset will demand the promotion of the Patient Rights Bill as I instructed MK Moshe Arbel to submit in the 23rd Knesset, which seeks to maintain the status quo and authorize hospital administrators in this matter. After all, a hospital that serves a Jewish population is not similar to a hospital that serves minority populations,' said Rabbi Deri.

"MK Rabbi Moshe Gafni said in response to the High Court ruling: 'The impudent High Court judges take advantage of the period between one Knesset and another, that the amendment to my law cannot be raised in this matter, and do not consider Jews who do keep kosher who may need to go to the hospital on Pesach. We will strongly demand the Override Clause in order to stop and put order in the unlimited power of the High Court.'"

Israel’s Supreme Court Approves Chametz on Passover in Hospitals

April 30, 2020 - from Jewish Press:

"Israel’s Supreme Court on Thursday ruled against the long-standing state ban on chametz in hospitals across the Jewish State on Passover in a 2-1 decision handed down in response to petitions submitted by the Adalah organization and The Secular Forum, both funded by the New Israel Fund (NIF)."

"Justice Neil Hendel was the dissenting opinion in the case."

"Writing for the panel, Justice Uzi Fogelman wrote in his ruling, “I find that the ban on bringing food items to hospitals during Passover that prevents patients from consuming food of their choice in the personal space at their disposal, violates the right to dignity, autonomy, and religious freedom."

"'The powers granted by hospital administrations do not include certification to restrict introduction of food into the hospital for kashrut reasons. In addition, using hospital security guards – in any form – for the purpose of enforcing the ban on introducing food into hospitals on Passover exceeds the restrictions set by the Public Security Law,' the justice wrote."