Psak 5768 Adar II 28
Informal translation from Hebrew of the 28 Adar II, 5768 (4 April 2008) statement:
'Let animals live' organization appeals against the Symposium on Korban Pesach
On Thursday evening, 28th of Adar II, Yehudah Glick, General Manager of the Temple Institute, and Yehoshua Friedman, one of the rabbis of the institute, prepared an halachic question for the court, as follows:
The institute will host a symposium on Sunday, Rosh Chodesh Nisah, 5768 in Yeshivat HaKotel.
The day is dedicated to studying the laws related to the Temple, and the laws connected with the Korban Pesach (passover sacrifice).
The Temple Institute is registered with the interior ministry of the State of Israel and regulated by the office of non-profit organizations.
The full name of the institute: The Institute for Study, Research and the Building of the Temple.
The institute holds lectures in all parts of the country, and is well known in many countries. Approximately one hundred thousand people visit the institute and its exhibitions, and they come to learn about the commandments and laws connected with the Temple, with the hope that one day the government of Israel will allow the building of the Temple, and reinstitute the sacrificial system as it was in days past.
It turns out that an organization called 'Let the animals live' has made an appeal against a symposium on this subject. In particular, [the protest] against an instructional sacrifice as part of the gathering.
In light of the above, we turn to the Special Court for Matters Concerning the Nation and the State, to clarify how we should act in response to the attempt by Jews who have disowned the Torah of Israel. Their purpose is dissuade observant Jews from studying the Torah of Israel and keep its commandments as they were given by the mouth of the Almighty at Sinai.
Also given that the organization turned to the secular court, that does not recognize the Torah of Israel, how should we act in response to the possible judgment of the secular court - a judgment that comes to prevent observant Jews from observing the Torah of Israel according to their faith?
Decision of the court
Study of Torah is one of the founding principles that help maintain the existence of Israel, as the sages have said "The study of Torah outweighs all [the other commandments]".
The Study of the Laws of the Temple and its sacrificial system in public is an established tradition of the Jewish people for countless generations. Those who study receive financial support from the contributions of the Jewish people (Rambam, Sheqalim 4:4).
Israeli Law, for generations, has been to expound upon the laws of a festival thirty days before it commences. This regulation from time immemorial, was legislated by Moshe Rabbenu, as it is brought in the Talmud (Megillah 32a) 'Moshe fixed for Israel, that they should ask and expound upon the matters of the day: the laws of Pesach (Passover) on Pesach; the laws of Atzeret (Pentecost) on Atzeret; the laws of Chag (Tabernacles) on Chag ' This has codified by the Rambam in Hilchos Tefilah 13:8. Accordingly the institute should fulfill its duty by holding its symposium.
These facts should be sufficient for the secular court, should you be obligated to summoned to their court.
Rabbi Dov Stein, acting Justice,
participating in this judgment,
Rabbi Avichai Rachimi,
Rabbi Yosef Elbaum
- Not referring to the secular state.