Psak 5765 Ellul 9a
Informal translation from Hebrew of the 9 Elul, 5765 (13 September, 2005) statement:
Is it permitted to take advantage of the governments compensation plan for evacuees?
Yaron and Miriam Eldar – Request for a halachic decision
The family of Yaron and Miriam Adler and their children (expellees from Sa-Nur) turned to the Court for Matters of Nation and State with a question: Are they allowed to turn to the authorities as per the Evacuation-Compensation Law and to receive the amount of compensation that has been set for them for the uprooting of them and their period of living in Sa-Nur and any other payments connected to the subject.
We, the signatories below, unanimously made the following decision:
1. The court rules that the compensation law known by its name as the “Evacuation – Compensation” Law is nothing but a theft law forced on the expellees, among them the Adler family, against their will as brought in the Rambam (Laws of Testimony 10:4).
2. Therefore the thieves that uprooted the Adler family from their homes are in need of atonement.
3. The court rules in the name of the Torah of Israel and the Jewish Nation that the uprooting of a Jew from the Land of Israel is an act of coercion amidst uprooting the Torah of Israel and its commandments, and indeed it is to be defined as a decree against the commandments of the Torah, even if the decree was decreed by Jews.
4. Uprooting of Jews from Sa-Nur includes in it a danger of bloodshed, and thus the transfer of parts of Samaria to the hands of terrorists will make it easier for them to commit acts of murder and terror acts and suicide (may it not be so).
5. One that forces soldiers and police to uproot Jews from their homes and from their land, indeed he is a sinner and causes the masses to sin, and prevents the masses from fulfilling a commandment, and he has no place in the World to Come, as brought in the Rambam (Laws of Repentance 3:6).
6. Financial compensation, as big as it might be, is not atonement! Thus too, requesting forgiveness from all of Israel for transferring parts of the Land of Israel to foreigners.
7. The expellers have no opening to repair and repent except in capturing all of the Land of Israel that they destroyed and in building all of the houses and communities again.
8. Not a single Jew should dare to forgive the act of expulsion or be reconciled to it, that in this, among other things, he would give license to those that give over land to give over more parts of the Land to foreigners.
9. As for you, the family of Yaron and Miriam Adler, who were stolen from by thieves and robbers:
a. It is incumbent upon you to take all of the money and payments offered to you by the expellers, banishers, thieves, and robbers.
b. It is incumbent upon you to claim the maximum in damages of all kinds (Damage, anguish, lack of productivity, embarrassment, medical treatment): Physical and mental, that were caused to you or will be caused in the future on your children, in every way that they are connected to the process of the uprooting, like the destruction of your house, the loss of your property, damage to sentimental items, your expulsion, your embarrassment, the prevention of you fulfilling the commandment of settling the land during the period of your expulsion from the place that you desired to for your inheritance. It is incumbent upon you to claim compensation for physical and mental harassment, the anguish and embarrassment, elimination of your livelihood; the elimination of your freedom, and throwing you in to jail for raising the flag of the national struggle and opposition in your community to its harassment, and due to your being Torah observant Jews who gave their souls for the Land of Israel. Likewise it is incumbent upon you to claim compensation for being separated from your children and their transfer guardianship against your will. In order to facilitate this, you will need to evaluate, as much as possible, the future damages, including the mental damages to yourselves and your children.
c. The court forbids you to sign any document of forgiveness in return for receiving any money or any document related to ending claims, unless the court shall instruct you to do so.
d. It is advisable to transfer your right of collection to the court when you receive a declaration of compensation payment or with the receipt of a check; that is so that the court will claim the money from the courts of the state. That thus, needing their ruling is forbidden by our holy Torah, and so that the rule of “saving property from their hands” can be fulfilled, like anyone who transfers their debts to a court.
The decision was given here in the court in the Holy City of Jerusalem, may it speedily be rebuilt: On the 9th of Elul, 5765
Rabbi Yisrael Ariel – President of the Court
Rabbi Dov Meir Stein
Rabbi Yisha Ba’aba”d
Rabbi Yehuda Edri
Rabbi Mordechai Avrahami
Rabbi Dov Avraham Ben-Shor
Rabbi Hillel Weiss