A sharp public and political backlash has followed an interim ruling by Israel’s High Court of Justice regarding prayer arrangements at the Kosel. The court determined that a previous cabinet decision regulating the southern prayer area remains in force and instructed state authorities to move quickly to advance the necessary permits and construction work to establish the site as a permanent mixed-gender prayer plaza.
The decision was issued by Justices Yitzchak Amit, Deputy President Noam Sohlberg, and Justice Daphne Barak-Erez. It centers on removing bureaucratic obstacles that have delayed implementation of the approved framework. According to the ruling, if renewed authorization from the Israel Antiquities Authority is required, it must be granted within 14 days, after which applications for building permits are to be submitted.
The court also ruled that if no planning decision is reached within 45 days, the delay will be considered a rejection, triggering an appeals process within an additional 14 days. The state and the Yerushalayim Municipality were ordered to update the court within 90 days on the progress made.
At present, the southern section of the Kosel includes the Ezras Yisrael platform, a temporary structure made of wood and metal that does not directly adjoin the ancient stones. The petitions before the court sought to implement a previously approved plan to convert the area into a permanent stone-paved plaza, upgrade access routes and infrastructure, and expand the space closer to the Wall itself.
The proposed plaza is expected to span approximately 900 square meters, about 70 percent of the size of the men’s section. It would allow mixed-gender prayer without a separation barrier and would be managed by representatives of the Reform and Conservative movements, with annual government funding.
Following the ruling, calls intensified to advance the so-called Kosel Law, introduced by MK Avi Maoz, which aims to anchor in legislation the authority over management of Jewish holy sites and define the limits of judicial intervention in such matters.
The Chief Rabbis of Israel, Rav Dovid Yosef and Rav Kalman Ber, strongly criticized the court’s decision. In a joint statement, they said the ruling represented an inappropriate intervention at the holiest site for the Jewish people and warned that it could lead to division at a place that symbolizes unity.
Shas party chairman Aryeh Deri also condemned the ruling and announced that his party would move to promote immediate legislation. He declared that the court has no authority to alter the nature of prayer at the Kosel and insisted that management of the site must remain solely under the Chief Rabbinate. He pledged that no Reform prayer plaza would be established at the Kosel and said Shas would urgently advance legislation to safeguard the site’s sanctity in line with longstanding tradition.
MK Meir Porush accused the judiciary of attempting to undermine the Jewish character of the state and called for reforms to the legal system. He argued that if the system is not corrected, references to Israel as a Jewish state should be removed from the Declaration of Independence.
Deputy Minister Yisrael Eichler described the ruling as predictable and charged that the court consistently acts against religious tradition. He asserted that the majority of the Jewish public supports maintaining the current status quo at the Kosel and expressed confidence that the site’s sanctity would be preserved.
Finance Minister and Religious Zionism party chairman Bezalel Smotrich also denounced the decision, saying the court had once again exceeded its authority and harmed the sanctity of the Kosel. He stated that there is one people, one Kosel, and one form of prayer as practiced for generations according to Jewish law and the rulings of the Chief Rabbinate, and vowed to move quickly to pass legislation protecting the site.
Deputy Prime Minister, Justice Minister, and Minister for Religious Services Yariv Levin said the ruling crossed a red line and called it illegitimate. He argued that it contradicts the foundational values of the State of Israel and urged the government and Knesset to act without delay. He expressed support for legislation stipulating that management of the Kosel be entrusted exclusively to the Chief Rabbinate or an authority it approves.
Knesset Constitution Committee chairman MK Simcha Rothman described the ruling as further evidence of what he called the judiciary’s loss of direction. He predicted that the decision would ultimately be overturned and cited previous High Court rulings that were later reversed through legislation, saying this one would be changed even more quickly.
Amid the public outcry, the judiciary issued a clarification defending the ruling. In a statement, it explained that the decision enforces the government’s position in accordance with a directive from the Prime Minister issued in June 2017. The statement added that the government’s position in the hearing was that a building permit for the southern plaza should be advanced and that this stance was supported by an affidavit from the Cabinet Secretary.
According to the legislative proposal being advanced by Shas, the Kosel would be managed strictly in accordance with religious law and established custom. The bill outlines prohibitions against Shabbos and Yom Tov desecration, ceremonies not in line with local practice, mixed-gender prayer, inappropriate dress, and various religious activities in the women’s section that diverge from tradition. Violations could carry penalties of up to six months in prison or a fine of 10,000 shekels.
Political officials estimate that the dispute surrounding the Kosel is likely to intensify in the coming days, as efforts to fast-track legislation collide with the High Court’s ruling, which has triggered widespread public controversy.
{Matzav.com}
