Showing posts with label American Legal Forum for the Land of Israel. Show all posts
Showing posts with label American Legal Forum for the Land of Israel. Show all posts

April 7, 2009

The IDF's "War on Beards"

By DANIEL TAUBER & DR. AVRAHAM GOLDSTEIN

Published in The Jewish Press on April 10, 2009.

An identifying mark of the Jew has been, and for many still is, his beard. The foundation for this is the commandment in the Torah: “You shall not round the corners of your heads, neither shall you mar the corners of your beard” (Leviticus 19:27).

The Second Book of Samuel provides an early example of the importance of the beard. There, the Ammonite King shaves off half the beards of King David’s messengers to insult David. The messengers were so embarrassed that David instructed them to wait until their beards grew back before returning to Jerusalem.

Medieval Biblical commentator Rabbi David Kimhi notes that implicit in the story is the fact that the messengers’ other option – shaving off the other half of their beards – was too humiliating to contemplate.

The beard is also a sign of piousness and the wisdom that comes with age. The Hebrew word for beard and elder is derived from the same root letters of “Z-K-N” (זקן). In Jewish liturgy, the beard is a recurrent symbol when describing a pious or a wise man.

In modern times, many religious Jews would not shave off or even trim their beards, actions strictly forbidden by Hasidic and Kabbalistic teachings.

The Jew’s beard also made an easy target for anti-Semites. In 19th century Poland, then controlled by the Russian Empire, a government decree banned Jews from having beards and payot (side-locks). Many Hasidic Jews were heroically ready to face prison or exile rather than comply. Fortunately, a group of Jewish rabbis and community leaders convinced Polish and Russian authorities to annul the decree.

Despite the significance of a beard for many Jews, the IDF has initiated a “war on beards,” as a headline in the major Israeli daily newspaper Yediot Acharonot put it, announcing new regulations restricting the ability of soldiers to grow and keep beards.

Previously, the IDF placed no restrictions on a religious soldier’s ability to grow a beard. The old order (Directive 33.0118) states that “a soldier, observing a religious lifestyle, can grow a beard for religious reasons.”

Under the new rules, however, a soldier must obtain a recommendation from the Rabbi of his unit and then a permit from a Lieutenant Colonel.

If the soldier transfers to another unit he must renew his permit in the new unit. And, if the soldier shaves his beard or if he is tried for a disciplinary violation of the new regulations, he must wait a year before obtaining a new permit.

In the memorandum sent to all soldiers announcing the new regulations, Lt. Cl. Avishai Azulai explained that growing beards outside the regulations violates the “image of IDF soldiers in the eyes of the citizens of the state.”

These new guidelines place considerable obstacles in the path of a religious soldier wishing to observe what he considers central to his identity. They violate soldiers’ religious freedom. At the very least, they force the IDF to question soldiers’ religious beliefs and pass judgments on religious sincerity. How will the IDF pass such judgments? For example, if a soldier only recently became religious – how long must he wait to show his religious sincerity before growing a beard? If a soldier observes Shabbat and Kashrus, but not other mitzvot – is he sufficiently religious to grow a beard? What if a soldier is only traditional?

Having such judgments made by the IDF, in and of itself, requires state intrusion into a person’s belief system.

Further, there are no guidelines for the Lieutenant Colonel who issues the permit. He, sadly, may be hostile to or have little-to-no understanding of Judaism. As a result, soldiers in different battalions will face different and unfair requirements.

The requirements imposed by the directives are themselves no small obstacles, especially for young and impressionable teenagers. A soldier should not be forced to request official approval for and embarrassingly attempt to prove his religious sincerity to the IDF. As the Legal Forum for the Land of Israel, an Israeli civil rights organization, wrote in a letter of protest to the Chief of the General Staff on March 2:
“[A] soldier, especially a young or freshman soldier in a combat unit, does not easily approach an officer of the Lieutenant Colonel rank . . . for any purpose. . . . [T]here is a real concern that religious or traditional soldiers . . . will be afraid to obtain a permit to grow a beard under the stated conditions.”

The new directives also provide no exception for soldiers who only refrain from shaving during specific times of the year as prescribed by Halakhah. Those soldiers will have to go through an arduous process several times a year, and a Lieutenant Colonel who does not understand or even disdains the Halakhah may simply reject such requests. The Legal Forum therefore requested that the new directives be clarified to include such exceptions.

The mandatory one year waiting period before applying to grow a beard after shaving a beard is itself a judgment on religious sincerity. Here, the IDF falsely concludes that someone who shaves their beard once must not have a sincere religious motivation for growing a beard after that, regardless of any other facts.

The mandatory one-year waiting period imposed for a violation of the directives, implies that the IDF will use prohibitions on religious practices as a method of punishment for disciplinary violations.

As a symbolic matter, intentionally or unintentionally, the regulations send a message of hostility to the Jewish character of IDF and the State.

The IDF, the primary arm of the state, has immense social, political and even religious relevance to Israeli and world Jewry. For world Jewry, the IDF is a Jewish military, unique in modern history, the last line of defense against another Holocaust, the reversal of the Jew’s historical position as the helpless victim, and heir to the Jewish military tradition of antiquities. For Israeli Jewry, the IDF is a right of passage, a social training ground, where many form social, business, and political connections that can endure a lifetime, and society’s protector against terrorism and war. The enactment of new anti-beard regulations send an official message of disparagement toward traditional religious practices symbolized by beards, which Lt. Col. Azulai implied are not in keeping with “the image of the IDF.”

In any case, Azulai’s implied assertion that beards violate the IDF’s image is plainly false. Half of the young combat officers are religious and 40% of all graduating officers in 2007 were religious. Recently, Operation Cast-Lead produced many pictures of religious soldiers sporting beards, kippot, and payot, in uniform, sometimes in combat and often while praying. The religious soldier – beard and all – is, in fact, fast becoming the real image of the IDF.

In addition, many religious soldiers were very recently forced to question their assumptions about the IDF due to the IDF’s participation in expelling 8,000 Jews from their homes and barring all Jews from part of the homeland as well as recent threats to disband Hesder units, which combine Army service with religious study. The new regulations can readily be viewed as insulting, if not as a direct assault on religious soldiers.

But any public relations problems posed by the new directives to the national-religious sector are dwarfed in comparison to the potential for damage with Israel’s growing Haredi community, a large portion of which views the State of Israel and the IDF as anti-religious institutions.

Practically 100% of the Haredi community, constituting 11.5% of each year’s enlistment, does not enlist for IDF service for religious reasons. In order to reverse this problem, in 1999, the IDF, in cooperation with a group of rabbis, created Nahal Haredi as a venue for young, nationalistically inclined Haredi men to serve in the IDF while adhering to the highest religious standards. From a small unit of 30 soldiers, Nahal Haredi has grown into a full battalion with close to 1,000 troops, already aiming to grow to a fully operative infantry brigade.

The new anti-beard regulations, however, could set back the public relations gains made with Nahal Haredi. They will only enforce Haredi perceptions and arguments that the IDF and the state are hostile to Judaism. Taken together with newly proposed reductions in exemptions for Haredim, the regulations could spark even greater Haredi resentment toward the IDF and the State.

Lastly, the regulations are unnecessarily overbroad and arbitrary. Purportedly, they were enacted in response to data showing a rise in soldiers who grew beards in violation of regulations. But if this is the case, then all that is really needed is improved enforcement of the old regulations, not onerous restrictions which impinge on religious freedom.

A better rule would be, as the Legal Forum has recommended, to simply accept “a soldier’s declaration that he grows a beard on a regular basis for religious purposes or that he grows a beard temporarily for religious purposes.” Absent evidence that the soldier is lying, an onus should never be placed on a newly drafted young Jewish soldier to justify his religious sincerity.

February 6, 2009

PA Death Sentences Symbolize a Return to Arafat

[This article was originally published in The American Thinker.]

On the eve of former U.S. Senator George Mitchell's mission to Israel as U.S. envoy in the aftermath of Israel's recent anti-terror Operation Cast Lead in Gaza, a Palestinian Authority military court in Hebron sentenced a former member of the Palestinian Authority presidential security service, Force 17, to death for the crime of collaborating with Israel in anti-terror operations.

In two other instances, in April and July of 2008, a Palestinian Authority court in Jenin sentenced three other Palestinian-Arabs to death for collaborating with Israel as well. According to Human Rights Watch, Palestinian Authority courts have sentenced at least 11 Palestinian-Arabs to death in 2008 alone.

Thus, far from fulfilling its obligations to fight terror of its own accord or by cooperating with Israel, the Palestinian Authority punishes, in the worst way possible, those who do.

The courts' verdicts recall the extremist policies of the Palestinian Authority once practiced under terror-chief Yasser Arafat. Between 1994 and 2005 (Arafat died in November of 2004), the Palestinian Authority issued 74 death sentences. And this is aside from the numerous other human rights violations under his rule.

The issuing of the verdicts by courts of the supposedly moderate Fatah-run side of the Palestinian Authority in Judea and Samaria (the "West Bank") also parallel those currently practiced by the Hamas-run side of the Palestinian Authority in Gaza. In July, a Hamas-run Palestinian Authority court in Gaza sentenced a Palestinian-Arab to death for informing Israel of the whereabouts of Palestinian terrorists, later killed by the I.D.F. In fact, during Israel's recent operation in Gaza, Hamas executed over 19 Palestinians and brutally tortured and maimed over 60 others whom Hamas suspected of collaboration with Israel. Just as Israel ceased its operations in Gaza and withdrew its forces Hamas said that its first order of business would be to round up collaborators.

In order to be carried-out, death sentences issued by Palestinian Authority courts must be approved by the Palestinian Authority President, currently Mahmaoud Abbas. The Legal Forum for the Land of Israel, an Israeli civil rights and government reform group, wrote to Israeli Prime Minister Ehud Olmert and Defense Minister Ehud Barak on Sunday, urging them to pressure Abbas not to give his approval.

"It is your moral obligation," Legal Forum Director Nachi Eyal wrote, "to clarify to [Abbas] that approving the sentence will have a grave meaning from Israel's point of view."

The section of the penal code of the Palestinian Authority which contains the death penalty dates back to 1979, when the Authority was still the Palestinian Liberation Organization, a recognized terrorist group led by Arafat which hijacked airplanes, threw a wheelchair-bound American citizen off the side of a boat into the ocean, killed Israeli athletes in Munich and committed scores of other horrific and murderous acts.

The Palestinian Centre for Human Rights, in a press release regarding the death sentence, argued that the Palestinian Authority's use of the death penalty constituted a violation of international law and called on the Palestinian Authority to enact a "penal code that conforms to the spirit of international human rights instruments."

Before newly inaugurated President Barack Obama and his envoy Senator Mitchell even consider asking Israel to make security concessions which will undoubtedly enable terrorists to attack Israeli civilians and use rockets to shut down entire Israeli cities, they must demand an end to the obvious cause of violence - the official approval of terrorism and anti-Israelism and corresponding condemnation of helping Israel fight terrorism.

More than asking Abbas to merely not approve death sentences, the U.S. must demand that Abbas pardon the men and remove sections of the Palestinian Authority penal code which criminalize fighting terror in collaboration with Israel. Anything less would leave those convicted with a court approved stigma of evil for doing what the United States has been demanding for years and would serve as a deterrent to those who would otherwise assist Israel in the future.

Over the last 8 years, U.S. aid to the Palestinians totaled almost $2.3 billion, hundreds of millions of which went directly to the Palestinian Authority. Ultimately, and more to the root of the problem, the U.S. must seriously reconsider its funding of an organization which executes people for fighting terror in "collaboration" with Israel, names stadiums after homicide bombers or riflemen who target women and children, uses textbooks to promote anti-Semitism to school children, and whose constituency fired rifles in the air in celebration of the terrorist attacks on the United States on September 11, 2001.

As former Republican Presidential Candidate Senator John McCain said over and over during the presidential campaign, its time we stopped sending billions of dollars to people who don't like us very much. This includes - perhaps more than any other entity which currently receives U.S. aid - the Palestinian Authority.

Eyal made a similar point in his letter to Olmert and Barak: not only does the execution of collaborators with Israel symbolize a "return to the uncivilized norms that typified the rule of Yasser Arafat," but it "shows that whoever trusts the PA and gives it weapons and armored cars is behaving irresponsibly."