Tuesday, March 22, 2022

Will the IDF Remain Chametz-Free on Passover?

by Dvir Amar, Besheva, translated by Hillel Fendel

An upcoming Supreme Court decision on the IDF ban on chametz [leaven] in army bases on Passover – and the apparent inclination of the Court to nullify it – has produced an unusual multi-partisan consensus: 45 Knesset Members from parties of both the coalition and opposition are signed on a proposal to anchor the IDF's no-chametz regulations in law. 

Breads (Credit: mohamed hassouna/Unsplash)

Fourteen parents of IDF soldiers and two secular organizations have filed a petition in the Supreme Court against the IDF's "no chametz on Passover" rule – drawing a reaction they did not expect: cooperation between coalition and opposition MKs against them. Forty-five MKs from both right and left have joined the initiative of Likud MK Dr. Shlomo Kari to anchor the IDF rule into law. 

"The Israel Defense Forces is the army of the Jewish nation," MK Nir Orbach (Yemina) told Besheva. "The inner strength of a nation is manifest in its soldiers' unique spirit. Judaism is not just a religion; it is a time-honored tradition. The Passover holiday is one of three festivals in which we used to ascend to Jerusalem, and is an important component of the tradition that unites the Jewish People."

"Just as we must be wary of religious coercion," Orbach continued, "we must also safeguard our right to practice our religion. We are first and foremost a Jewish state, and secondarily, a democratic state. Though we know how to compromise, there are matters in which no compromise is possible."

The IDF regulations currently state that no chametz is allowed into any IDF bases. The initiative to turn this rule into law comes on the backdrop of hints by the Supreme Court that it plans to overturn the current IDF policy. 

Orbach explained why it is so critical to make sure no changes are made: "Jewish Law is unequivocal that chametz cannot be available on Pesach, and cannot enter our kitchens or anywhere else. Jewish soldiers have to be 100% certain that their army bases are perfectly kosher for Passover, without a shred of a doubt, and especially given that our soldiers are not volunteers, but are obligated to serve. Only a kosher-for-Pesach army will keep it a 'home for the creation of the soul of the regenerating nation,' in the words of David Ben-Gurion." 

Among the 45 MKs are not only members of the Religious-Zionism, Agudat Yisrael, Shas and Likud parties, but also of Yemina, Yesh Atid, New Hope, and Blue and White.  Not all of them are iron-clad in their support, however. Some of them, from the more center-left parties, told MK Kari that he cannot count on them to actually vote in favor of the proposal; political considerations might override their pro-Pesach commitments, they essentially said.

MK Kari told Besheva, "I had to do some convincing work. I told some of the MKs, 'You do lots of work for many things, now do something for G-d as well.'" He acknowledged that one female MK actually withdrew her support when the matter was publicized, as she did not like the idea of coming out demonstratively against the Supreme Court. 

Q. It turns out that while many MKs are in favor of your idea, the Defense Minister himself, Benny Ganz, who is in charge of the IDF, is against.

MK Kari: "A Defense Minister who comes out against a General Staff directive that has been around practically since the establishment of the State, has surrendered to the progressives who wish to uproot all Jewish content from our State and turn it into a 'state for all its citizens' in place of a 'Jewish democratic state.' He is apparently very weak and easily pressured. Our first Prime Minister, David Ben-Gurion, understood throughout the years the importance of having a Jewish army. How can a Defense Minister seek to cooperate with an anti-Jewish agenda such as this?"

"How can it be that anti-religious elements demand that hareidi soldiers enlist in the army, while at the same time seek to provide them with an atmosphere making it impossible to observe Jewish Law? I can't understand this."

In any event, the initiative has no practical significance for Pesach this year, which will be like all other years, because the IDF's response to the Supreme Court petition is scheduled to be submitted only after the holiday. Kari says that next year, as well, his initiative will be irrelevant, "because I believe there will be a different government that will stand strong against the Supreme Court and will not allow it to make changes like this. My initiative is mostly symbolic, but still quite important."

Q. If the Court ultimately decides not to intervene, will you withdraw your bill? 

MK Kari: "Yes. There's no need to make a hubbub about nothing, even though the attempt to get the Supreme Court to intervene in what makes the state Jewish is a big hubbub. If Defense Minister Ganz will allow chametz in the bases, like in reserved smoking areas, we will fight with all our strength against it. I estimate that the initial reading of my bill will pass in the Knesset. I don't see the MKs of Yemina, who have already shed many of their right-wing values, voting against their Jewish ideals as well – especially after what they did with Kashrut and conversion. [Yemina MKs] Orbach and Silman are with us."

Q. Why not continue to advance your bill, even if the Court does not intervene, in order to avoid future problems?

MK Kari: "As long as the Supreme Court continues along its present path, there's almost no difference between an IDF regulation and a Knesset law; the Court can nullify both, with the claim that they negate a Basic Law drawn from some nonsense that it made up itself. The regulation against chametz is not meant to force religion down anyone's throat, but only to safeguard the fundamentals of the Jewish State and sustain the delicate balance within the IDF. I'm not trying to have the Knesset pass into law all 613 commandments of the Torah, even though in my eyes, Torah law take precedence over Israeli law. But the public sphere of the Jewish State must be retained as Jewish, because that is part of what makes Israel the national state of the Jewish People, and this is anchored in the Knesset law known as Basic Law: The Nation."

Kari's proposed bill is actively supported by the Torat Lechimah organization, headed by Rabbi Aviad Gadot. He wrote the introduction to the bill, which reads as follows: "The Pesach holiday has been commemorated in accordance with Jewish tradition for 3,300 years with rare unity and joy. Ever since the IDF was established, the officers and soldiers of the IDF follow General Staff Regulation 34.0201 [which forbids the introduction of chametz into IDF bases] exactly as written. This, in accordance with the agreed-upon and balanced policy of the first Prime Minister, David Ben-Gurion, and the first IDF Chief Rabbi, Maj.-Gen. Shlomo Goren, of holy blessed memory, in order to enable the preservation of the values of the army as a Jewish army. To this end, it is hereby proposed to anchor this important tradition in law."

Rabbi Gadot had harsh words for the Secular Forum, one of the organizations behind the petition to the Supreme Court: "They have brought petitions against kashrut in IDF kitchens, and successfully demanded that chametz be allowed to be brought in to hospitals, and now they are trying their hands against the no-chametz IDF regulations. This is an organization that speaks of civil rights, but its actual goal is to change the Jewish character of the IDF." 

He predicts pessimistically that the Supreme Court decision to announce its decision only after Passover is designed to decrease the public opposition it is expected to face. This is because since it will be another year before the decision becomes operative. Based on the forum of judges chosen for this case by Chief Justice Esther Chayot, an anti-Passover decision is expected – not to mention that Chayot herself has said that compromises must be reached. Other judges on the panel have made similar statements. 

Rabbi Gadot said that the Knesset initiative is very important, because it renders the struggle not just as between the IDF and the Supreme Court, but between the Knesset and the Supreme Court – two entities that at least officially are on equal footings. 

He also noted that it is important not to fall into the trap of defining the case in terms of civil rights of religious soldiers: "Unfortunately, this is the approach that has already been taken by the present IDF Chief Rabbi Eyal Krim. But we must say the truth, and that is that 34.0201 was not written in order to preserve the kashrut rights of religious soldiers. It is rather based on the importance of the Jewish character of the army. Chief Justice Chayot has identified Rabbi Krim's mistaken approach, and therefore said, 'If you want to preserve everyone's rights, then find a solution' – and that is the compromise that the IDF is supposed to come up with during the 60 days it was given for its response."

To demonstrate how little support the secular demand for chametz in the army has, Rabbi Gadot said, "Not for naught did four non-religious IDF Chiefs of Staff come out against the secular petition to the Supreme Court… I spoke to Ram Fruman, Chairman of the Secular Forum, and I told him, 'If you feel that you are so right and that the public is counting on you to save their civil rights, why don't you try to pass a law in the Knesset forbidding the IDF to ban chametz on Pesach? It's because you know there is no chance that it will have sufficient support. You are more extremist than even the Meretz Party for which you voted."