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del.icio.us Digg It!  new Last update - 14:32 24/10/2007 Court: Local rabbinates have no independent say over shmita sales By Amiram Cohen and Yair Ettinger, Haaretz Correspondents The High Court of Justice on Wednesday invalidated a decision of the Chief Rabbinate which would have given local rabbinical councils independent say over whether to permit a halakhic loophole allowing the sale of Jewish land to a non-Jew in the sabbatical (shmita) year. The Chief Rabbinate had decided to give local rabbinical councils autonomy in determining whether to grant this sales permit, or "heter mechira." The sales permit enables Jewish farmers to "sell" their own land to non-Jews during shmita - when Jewish-owned land in Israel is supposed to lie fallow - thus enabling the land to be worked as usual. Advertisement The Chief Rabbinate's decision would have given rabbis who oppose the loophole arrangement freedom to give kashrut certification only to businesses in their city that agree to import produce. The court ruled that the Chief Rabbinate must override any council rabbi that refuses to grant the sales permit and appoint in his place a rabbi that would allow the loophole. In its decision, the High Court wrote that the decision of the Chief Rabbinate would harm all agriculturalists and the public at large. Estimates made by vegetable growers put the potential losses of the Chief Rabbinate's decision at NIS 700 million, while Agriculture Minister Shalom Simhon (Kadima) has stated the figure would be closer to NIS 2 billion. The High Court ruled that until the rabbinate decides to change its shmita policy, it must heed the warnings of representatives from the Agriculture Ministry and industry. The Chief Rabbinate had always supported the sales permit, but this year, under pressure from leading Ashkenazi ultra-Orthodox rabbis, it decided to allow each municipal rabbi to accept or reject the halakhic loophole as he saw fit. MK Ben-Sasson vows to push for new laws to end the Rabbinate's monopoly on Kashrut certification Chairman of the Constitution, Law, and Justice Committee Menachem Ben Sasson (Kadima) on Wednesday vowed to continue to push for stricter laws against wrongdoing in the giving of Kashrut certification, with the intent to end the Rabbinate's monopoly on the awarding of certification. Ben Sasson expressed regret that the Rabbinate refused to heed the committee's suggestions to find a solution to the problem, instead leaving the issue to the courts to decide. "This is a double failure. They have ignored their national responsibilities and have shown complete inflexibility in regard to the needs of Israel's consumers, business owners, and agriculturalists," Ben Sasson said, adding that he intends to expedite the passing of more stringent laws in order to avoid another "embarrassing" incident of this sort. Agriculture Minister: High Court ruling 'a victory for sanity' Agriculture Minister Shalom Simhon on Wednesday called the High Court ruling "a victory for sanity" and added that consumers and agriculturalists were spared a serious economic burden. Head of the National Religious Party Zevulun Orlev praised the High Court ruling, saying that it represented a 'black day for the Rabbinate, which had surrendered to the methods of the Ultra-Orthodox, and sinned against its government and the soil beneath its very feet." The Rabbinical organization Tzahar, which has taken steps to found an independent Kashrut certification framework, also offered praise of the High Court ruling, saying that they hope the Chief Rabbinate will adhere to its national responsibilities. Related articles Chief Rabbinate: We cannot override local shmita rulings High Court orders Rabbinate to rethink shmita year land-use decision Ovadia Yosef defends shmita sale More Jewish World news and features Bookmark to del.icio.us Mystery fall Avraham and Carmela Cohen are suspected of being involved in a soldier's murder. Lonely no more Many people hold Lonely Planet responsible for the entire globe becoming a tourist site.   1.   Some clarifications in order here 11:59  |  Physicist 24/10/07   2.   Some clarifications (2) 12:08  |  Physicist 24/10/07   3.   Some clarifications (3) 12:15  |  Physicist 24/10/07   4.   Victory for orthodoxy 12:41  |  Kenny 24/10/07   5.   Kenny = orthodox??!! 13:44  |  D Hirod 24/10/07   6.   Reply to 4 13:51  |  DAvid 24/10/07   7.   Schmitta 14:04  |  Maerton 24/10/07   8.   Neither do Jews who fail to make aliya, D Hirod 14:05  |  Alan Schleider 24/10/07   9.   ULTRA-ORTHODOX ASHKENAZI RABBIS CREATED THE SALE. NOT THE COURTS. 14:21  |  RABBI SCHOLAR 24/10/07   10.   The NRP relinquish their biblical claim to the land. 14:40  |  Mike 24/10/07   11.   The "high" courts concern for the public good it touching 14:53  |  Jew 24/10/07   12.   Perhaps NRP should go to the high court for ALL halachic rulings. 14:56  |  Ben 24/10/07   13.   Sarcasm - the lowest form of wit 15:35  |  Alfred 24/10/07   14.   #1-12 Missing the point! 16:00  |  Yitz 24/10/07   15.   So this is what `a Jewish state` means! 16:31  |  Boycott 24/10/07   16.   economic & social implications must be considered 16:58  |  eliyahu 24/10/07   17.   Pick and Choose Religion 17:02  |  Russ 24/10/07   18.   A law is a law 17:45  |  David 24/10/07   19.   SUPERFICIAL REPORTING IS BAD REPORTING 18:01  |  Jay A Friedman 24/10/07   20.   Can the High Court Review C.R. Rulings? 18:05  |  Jay A Friedman 24/10/07   21.   Ouside opinion 18:41  |  Stephen Searfoss 24/10/07   22.   #20 - Jay`s Proposal 18:56  |  Yitz 24/10/07   23.   #18 & 21 - The law is the law! 19:10  |  yitz 24/10/07   24.   a law is a law? 19:35  |  eliyahu 24/10/07   25.   High Court Needs High Colonic 20:14  |  Yacov 24/10/07   26.   #17 Russ 20:27  |  Boycott 24/10/07   27.   If the Rabbis had said... 21:31  |  Avi Yerushalmi 24/10/07

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