14 Friday, September 18, 1981
THE DETROIT JEWISH NEWS
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Court Overrules Rabbis, Hammer on Dig
(Continued from Page 1)
The justices added, how-
ever, that if a halakhic rul-
ing is based on proven facts,
it could be material in the
considerations of the
policymaker. But, the jus-
tices said, under no condi-
tion should such a ruling
serve as a binding guideline
to the decisionmaker. Al-
though Hammer did not ex-
plain his suspension order
in the light of the rabbi-
nate's ruling, the ruling did
have its affect on Hammer's
considerations, the court
said.
The justices pointed at
several indications of
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Hammer's considera-
tions. On July 16, Ham-
mer's chief of bureau
wrote a letter supporting
the continued'digs, "as it
has been clarified that
there is no cemetery at
the site." But on Sept. 1,
Hammer suspended the
digs before he even heard
the opinion of the Attor-
ney General:whose opin-
ion he sought, and with-
out consulting the re-
sponsible archeological
authorities before doing
so.
Therefore, the court
ruled, the Minister of Edu-
cation had no legitimate
argument for the suspen-
sion of the digs.
The court also rejected
the argument that the sus-
pension order was given to
allow the Attorney General
time to consider the issue
"calmly." The court ruled
that this contention was
groundless, since the Attor-
ney General's opinions were
normally formulated
"under pressure."
One of the arguments in
favor of creating a "period of
calm" was that the contin-
ued digs caused unrest
among a part of the public.
"This argument is to-
tally unacceptable,"
ruled the court. "Indeed
there is need in both pa-
tience and tolerance by
both camps, and for con-
sideration of the other
side's feelings. But under
no condition should one
surrender to illegal de-
monatrations and vio-
lence by extremist circles
which wish in this way to
impose their will on the
authorities of the state
which they so not recog-
nize."
The court's decision was
reached by Justices Landau
and Shlomo- Levin. Justice
Yitzhak Kahan, while sup-
porting the interim injunc-
tion overthrowing Ham-
mer's suspension order,
submitted a minority judg-
ment stating that he "had
doubts" about the majority's ,
reasoning and in his view
there was room for consid-
eration of the beliefs of a
part of the public, since this
is a subject of special sen-
sitivity, especially in Israel.
Chief Rabbi Shlomo
Goren would not comment
on the court's ruling. Ham-
mer was unavailable for
comment. But assistant At-
torney General Yoram
Bar - Sela, who represented
the state in the case, was
quoted as hailing the court
ruling as "important prece-
dent for the state." It may
serve as a future guideline
regarding the legal stand-
ing of the Chief Rabbis
vis-a-vis the actions and
policies of the state, he said.
Bar-Ilan President
at Tuesday's Dinner
sure ofyear-to-year changes
He was a member of the , in economic conditions.
Board of Governors of the For information about the
Jewish Agency, past endowment program or
president of the New York Tuesday's dinner, call the
Board of Rabbis and of the Bar-Dan office, 398-7180.
Rabbinical Council of
America, and holds the
rank of Chaplain (Colonel)
in the United States Air
Force Reserve.
Dr. Rackman is author
of "Israel's Emerging Con-
stitution, One Man's
Judaism," and of many es-
says published in Commen-
tary, Judaism, and other
scholarly journals. He
writes a weekly column in
the Jewish Week.
He and his wife, Ruth,
made aliya to Israel in 1977.
(Continued from Page 1)
•• •
Bar-Ilan Names
Administrator
In advance of the
dinner, Norman A. Pap-
pas, chairman of the
endowment committee of
the Detroit Friends of
Bar-Ban University, has
announced that Anthony
S. Brown and Eric Yale
Lutz have established
important endowment
funds at Bar Ban.
-
DAVID ALTMAN
RAMAT GAN — David
Altman has been named
director-general of Bar-Ilan
University. The post is the
Pappas said the highest non-academic ad-
endowments produce in- ministrative position at the
come that relieves the pres-university.
• • •
Danielle Peleg is pleased to
announce the opening of the
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Norman Pappas, left, presents a plaque to Eric
Yale Lutz in appreciation for his recent gift to Bar-
Ilan University's endowment funds.
•• •
Fine Art • Special Department for Posters
and Custom Framing at 20% OFF*
Reception will be held on
Sunday, Sept. 20
7:30-9:30 p.m.
Featuring watercolors by an Israeli artist,
Zipora Kobelman.
*20% Off on All Custom Framing through Oct. 18, 1981
Shown at the recent meeting of Bar-Dan Univer-
sity supporters in Windsor are, from left, Joseph
Eisenberg, Jacob Geller, speaker Rabbi Samuel
Stollman, Morris Tabachnick, and Jacob Rosenthal,
chairman of the Windsor Friends of Bar-Ilan.
When young, we trust
ourselves too much; and we
trust others too little when
old.