Subscribe to Print Edition | Thu., April 17, 2008 Nisan 12, 5768 | | Israel Time: 02:15 (EST+7) web haaretz.com   Back to Homepage Rosner's Domain Diplomacy Defense Jewish World Opinion National Print Edition Advertising Books Arts & Leisure Business Real Estate Easy Start Travel Week's End Anglo File

Legal Analysis / Chametz law makes sense By Ze'ev Segal Yesterday's announcement by the attorney general that there are no grounds for appealing against the ruling by a Jerusalem court - that the prohibition against the sale of chametz during Passover applies only to "public, external space" - is a suitable position. It supports the interpretation that follows the criminal code's definition of "public" space [pumbi and tzibori, in Hebrew], as well as conforming to the purpose of the Festival of Matzot Law known as the chametz law. The attorney general clarified the main point: The purpose of the law - and not only the language of the criminal code in light of which the term "public" should be interpreted in the chametz law - enables the "preservation of the character of the public space in the Jewish state as a Jewish state during the Pesach holiday, without overly damaging the individual's right to freedom of occupation and freedom of religion." Advertisement The interpretative approach and the enforcement policy, according to which the prohibition against the display of chametz applies to the public space of a business - as opposed to the closed, internal space - covers not only streets, markets and sidewalks, but also open public spaces within closed shopping malls. This differentiates from the closed, internal space of places of business within shopping malls. These fine distinctions must be further clarified to business owners, if the state intends to enforce the prohibitions during the coming days of Pesach. The law's enforcement could be expressed in charges and indictments, particularly in light of the clarification that followed the recent ruling. The attorney general's position and the prosecution policy are in keeping with the principles of the Basic Law on Human Dignity and Freedom (1992), the purpose of which is "to entrench the values of the State of Israel as a Jewish and democratic state." The prohibition against displaying chametz in public expresses the values of the State of Israel as a Jewish state. Limiting the prohibition to open, public spaces expresses the values of the State of Israel as a democratic state that respects the freedom and the liberty of the individual, and avoids disproportionate and inappropriate religious coercion. The attorney general's opinion should bring those supporting more strict legislation - preventing the display and sale of chametz anywhere - to reconsider. Such a law would ignite unnecessary fighting between the religiously observant and the non-observant, and would not help to enforce the law. A law that cannot be enforced should not be passed. Bookmark to del.icio.us   Breaking with the ZOA Is Harvard University's Progressive Jewish Alliance inciting against Israel? Rising in the polls New survey finds Nasrallah is the most admired leader in the Arab world.

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