Safed Chief Rabbi Shmuel Eliyahu, who has been investigated by the attorney general for racist statements (with no outcome yet determined), is one of the rabbis who has been approached by Justice Minister Tzipi Livni about helping to soften pullout protest. "We find it seriously and fundamentally flawed that talks are being held with Rabbi Eliyahu, the Israel Religious Action Center (IRAC) wrote Livni at the beginning of the week.

Rabbi Shmuel Eliyahu has a history of racist anti-Arab and pro-violence statements, along with calls to oppose disengagement actively. As the rabbi of Safed, he should avoid political statements. The son of the former Sephardi chief rabbi, he is also suspected of criminal incitement. Three years ago, Attorney General Menachem Mazuz said he would be issuing an indictment against Eliyahu following a hearing, but a final decision still has not been made.

Nevertheless, Livni approached Eliyahu and other rabbis to use their influence to prevent pullout opponents from crossing red lines in their protest.

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"The Justice Ministry should avoid cooperating with law-breakers and those who openly call for breaking the law," wrote the IRAC. It called on Livni to push through a disciplinary complaint against Eliyahu for allegedly ignoring the constraints on political expression for all civil servants. "Cooperation between the Justice Ministry and Rabbi Eliyahu is like `laundering' his statements," the IRAC wrote Livni.

Among Eliyahu's statements that have appeared in recent years on the Internet site Moriah, which posts responsa by well-known rabbis, he called the members of the Jewish terror underground "completely righteous." He also said, "I don't think they are lowly murderers. Heaven forbid! They have already paid their price to society. They sacrificed many years for the people of Israel. Among us, in Judaism, there is justifiable murder. Killing a murderer is justified."

"Israel cannot close its eyes to the involvement of rabbis in racist incitement and incitement to violence," said Rabbi Gilad Kariv of IRAC. "The authorities must transmit a clear message that rabbis who do not unequivocably oppose violence cannot be part of a dialog with the government and cannot hold public positions. The state, by its own actions, is giving Rabbi Shmuel Eliyahu status that allows him to preach racism and non-compliance with the law."

Alleged incitement by rabbis is drawing attention in the wake of Jewish terrorist Eden Natan Zada's killing of four people in Shfaram last week.

Livni's media adviser said in response: "In recent months, the justice minister has been keeping a direct channel of dialog open with representatives of the settlers to assist as much as possible and prevent friction with the army and the police during the evacuation. In the recent meeting held at the initiative of Rabbi Elnikaveh from Gush Katif, at his request, a number of other rabbis were present, including Rabbi Eliyahu. The minister views these meetings as important and hopes they can contribute to life together `the day after.' Without reference to this meeting, processes involving Rabbi Eliyahu's past statements are ongoing in the attorney general's office. As part of the separation of powers, the justice minister is not involved in these processes."

The Knesset State Control Committee will hold a special meeting this morning to discuss the response of the Justice Ministry and Attorney General Menachem Mazuz to incitement to refuse orders. Mazuz and Livni have been invited to the meeting, along with West Bank rabbis and other settler leaders.