Page 28 - HaMizrachi Yom HaAtzmaut AUS 2021
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HOLIDAY READING            ISRAEL AS A JEWISH STATE




                                                                                 Rabbi Rami Brachyahu







                                 Applying Halacha


                        in Israel’s Police Force





             he Police is the most important   wife to hospital and reports a vehicle   type of camera allowed on Shabbat?
             security organization in Israel,   blocking their exit from the parking   The Head of the Camera Department
      Teven more than the IDF. If the       lot. As a local Rabbi, if such a ques-  explained to me that the filming itself
       entire police force took a week’s vaca-  tion came to me, I would give him   (or the fact that people know about
       tion, the country would collapse, even   my vehicle. But it is impossible to run   it) often prevents violence – both by
       without an external enemy.           a country like that. Halacha cannot   civilians and by police –- and they also
       In the Torah, there is no commandment   afford not to answer such a problem.   make a crucial contribution to gather
       to establish an army. The mitzvah is   On one hand, it is clear the police must   evidence of disorder and the like.
       to appoint םי ִ ר ְ ט ֹׁש ְ ו םי ִ ט ְ פ ֹׁש, judges and   work on Shabbat, but on the other, we   In general, whenever we can lower
       policemen. Not soldiers,or firefighters   cannot issue a comprehensive heter   the severity of a ban from deOrayta
       or even doctors. Why is this? Not only   (permit) for all police work on Shabbat,   to deRabbanan, we try to do so. We
       because internal security is a prereq-  irrespective of what that work is.   want to make a police career attractive
       uisite for a normal society, but also   For example, is it a clear operational   to observant Jews too and for religious
       because of the tendency to underesti-  need for an investigative team following   people to feel comfortable going to
       mate it. Without people responsible for   members of a criminal organization,   police stations to submit complaints or
       public order, bribery, corruption and   gathering evidence to convict them,
       violence will simply erode the founda-  to continue to do so on Shabbat? Yes,   calls for help on Shabbat. I am pleased
                                                                                 to say the Police are developing halachi-
       tions of society.                    because daily surveillance is key here,   cally-based tools to accommodate the
       I am often asked: can an observant Jew   and the aim is to curtail crime as soon   religious population.
       serve in the Police?                 as possible.                         Sabbath observance is of course not the
       Imagine a religious patrol officer receiv-  What about public corruption cases?   only issue that raises halachic questions
       ing a call on Friday night from someone   They often take months, if not years.   in the Police. For example, undercover
       complaining that a neighbor is playing   In such cases there is no great urgency   operatives sometimes have to sit in
       his music too loudly. How does this   that demands work on Shabbat. You can   Arab restaurants, where they serve
       relate to pikuach nefesh, the only reason   stop on Friday and continue on Sunday.   non-kosher food. One of them came
       one can break Shabbat?               In my position as Rabbi of the Israeli   to me, expressing his dilemma in such

       The officer might talk to his command-  Police, I have to be deeply familiar with   a situation. I asked him if he could say
                                                                                 he was a vegetarian, but he told me that
       ers and ask them to exempt him from   the myriad departments and assign-  declaring yourself a vegetarian in an
       shifts on Shabbat, or to transfer him   ments in order to give a halachic answer.   Arab restaurant is something that can
       to assignments touching upon pikuach   I must understand what is clearly and   arouse suspicion. So I told him: “Your
       nefesh – but this is not a systemic   urgently operational and what is not;   safety is the highest priority here. If
       solution.                            what is societal pikuach nefesh and what
                                            is not. Halachic sensitivity (in the Police   there is the slightest doubt, there is no
       It is important to realize that the Police   as much as anywhere else too) is needed   doubt, and your eating there is part
       bear broad responsibility for the well-  to understand different roles, different   of the mitzvah you are involved in in
       being of the country’s citizens. Much   situations and different people.   protecting the country and its citizens.”
       of its mission is to establish law and
       order, a new category hardly discussed   Ever-evolving technology also sparks
       in halachic discourse.               a slew of new halachic questions. The
                                            classic example is body cameras. Police-
       Suppose one receives a call on Shabbat   men and women sometimes have a   Rabbi Rami Brachyahu is the Chief Rabbi
       from someone who needs to drive his   camera attached to their shirts. Is this   of the Israel Police.



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