Psak 5765 Adar I 26
Informal translation from Hebrew of the 26 Adar I, 5765 (7 March, 2005) statement:
7 March 2005 / 26 Adar 1 5765
Concerning the Disengagement from Gaza
SINCE its meeting on 28th Shvat 5765, the Sanhedrin has deliberated the initiative of the Prime Minister of Israel, the decisions of the government, and legislation enacted by the Knesset regarding the plan known as "The Disengagement," henceforth referred to in this document as "the uprooting."
This plan involves the uprooting of Jewish communities in the Gaza strip and northern Samaria, the forced expulsion of Jews from their homes, and the willful transfer of these lands to a foreign power. Following an intensive study which took place regarding the halachic (authentic Jewish law) questions that arise from the government's decision, the Sanhedrin hereby brings its conclusions and decisions to the public's attention.
1. The Prime Minister's program of uprooting stands in direct contradiction to the Torah of Israel.
2. The decision to implement the uprooting will cause large numbers of Jews to transgress many of the Torah's commandments. This applies to many varied commandments, including both those that are practiced between man and G-d, as well as those between man and his fellow man; those that apply to the nation as a whole, and those that apply to every individual.
3. The Government of Israel and the Knesset, in their present form and power structure, do not constitute institutions that have any authority according to halacha to render decisions that contradict the Torah of Israel.
4. Government ministers who have deemed this plan of uprooting to be wrongful have been removed from their positions, and likewise senior officials of the security establishment who have expressed independent opinions about the matter have been ousted.
5. THEREFORE, the decision of this government - which has also violated its promises to its own electorate - is null and void.
6. THUS: No Jew is permitted to cooperate with the program of uprooting, in any way whatsoever.
7. Any Jew - including a soldier or policeman - who supports the uprooting, whether directly or indirectly, whether by voting in its favor, or by giving council, or by supplying vehicles or materials, and obviously, anyone who actively participates in the uprooting... by so doing, transgresses a large number of Torah commandments.
8. The uprooting of the residents of the Gaza Strip and Samaria is a crime, and an injustice to the residents, and places many other communities - in fact, all citizens of the State of IsraelÊ- in mortal danger.
9. Any Jew who participates in, or cooperates with this plan, whether actively, or even by merely remaining silent, transgresses the commandment "You shall not stand idly by your neighbor's blood (Lev. 19:17)," and in the future will be judged by G-d for this sin.
10. The leaders and their agents - including soldiers and policemen who support the uprooting and participate in it - may be brought to bear personal responsibility for all damages caused to those who are hurt, and to their property.
11. By this declaration, the Sanhedrin, as the link of continuity of the Torah received by Moses at Sinai, hereby expresses the stance of Israel's Torah. For if, Heaven forbid, the present government carries out this, or some other, program of uprooting - this action has no validity. The Land of Israel is holy land, and all of its regions belong exclusively to the nation of Israel, forever.
12. The Sanhedrin, as the representative of the Jewish people throughout history, hereby affirms that the Jewish people - regardless of this or that government - does not relinquish, and is not entitled to relinquish, so much as the span of a solitary man's foot of the Land of Israel according to its Biblical boundaries... for it is G-d's land.
13. The commandment to "inherit and dwell" (Deut. 12:29) in the Land of Israel is obligatory upon every Israeli government. In this regard Israel is commanded by G-d to conquer the entire expanse of the Land of Israel within its Biblical boundaries, including the Gaza strip.
14. THEREFORE: Even if (Heaven forbid) the residents are forcibly removed from their homes - when the government changes, and a government in Israel arises that conducts itself according to the Torah, the armies of Israel will return and re-conquer this strip of land, to reinstate the people of Israel to their rightful place. This applies not only to this area, but to all the expanses of the Land of Israel that were stolen and are presently in foreign hands.
15. We are permeated with faith in the G-d of the Legions of Israel, that the oath which He swore to our forefather Abraham at the "Covenant Between the Halves" will be fulfilled precisely as it is stated, and with G-d's help, speedily - as it is written (Gen. 15:18):
"On that day the L-rd made a covenant with Avram, saying, to your seed have I given this land, from the river of Egypt to the great river, the Euphrates river... "
It is permitted and desirable to print and distibute this declaration.