Court rejects Muslim prisoner’s demand for bread on Pessah

“It is not disproportional that for a short period of time bread will be replaced by other food in sufficient quantity to satisfy hunger.”

By DAN IZENBERG
March 25, 2010 06:39
2 minute read.
Court rejects Muslim prisoner’s demand for bread on Pessah

prison 88. (photo credit: )

 
X

Dear Reader,
As you can imagine, more people are reading The Jerusalem Post than ever before. Nevertheless, traditional business models are no longer sustainable and high-quality publications, like ours, are being forced to look for new ways to keep going. Unlike many other news organizations, we have not put up a paywall. We want to keep our journalism open and accessible and be able to keep providing you with news and analyses from the frontlines of Israel, the Middle East and the Jewish World.

As one of our loyal readers, we ask you to be our partner.

For $5 a month you will receive access to the following:

  • A user experience almost completely free of ads
  • Access to our Premium Section
  • Content from the award-winning Jerusalem Report and our monthly magazine to learn Hebrew - Ivrit
  • A brand new ePaper featuring the daily newspaper as it appears in print in Israel

Help us grow and continue telling Israel’s story to the world.

Thank you,

Ronit Hasin-Hochman, CEO, Jerusalem Post Group
Yaakov Katz, Editor-in-Chief

UPGRADE YOUR JPOST EXPERIENCE FOR 5$ PER MONTH Show me later

The High Court of Justice on Wednesday rejected a petition by an Israeli Arab Muslim prisoner who demanded that the Prisons Service provide him with fresh bread each day over Pessah.

The petitioner, Madab Raik, is incarcerated in a prison cell that has no Jews in it. However, the cell is located in a mixed cell block in a regular prison.

Be the first to know - Join our Facebook page.


Represented by attorneys Gilad Barnea and Vered Birger, Raik argued that it was his constitutional right to eat fresh bread each day.

Justices Elyakim Rubinstein and Edna Arbel rejected the petition while Supreme Court Deputy President Eliezer Rivlin partly supported it.

“It is not disproportional that for a short period of time bread will be replaced by other food in sufficient quantity to satisfy hunger,” wrote Rubinstein.

“Therefore, there is no constitutional violation in a Jewish and democratic state if bread is not supplied in cell blocks where there are Jews and non-Jews, as long as other food is supplied in proper quantity. There is no reason to raise the banner of constitutionality on every occasion.”

During the hearing on the petition, the court learned that the Prisons Service distributes quantities of packaged sliced bread, some of which is frozen, before Pessah begins to security prisoners in the three prisons where Jews are not incarcerated. The bread is enough for about four days. After that, the prisoners begin using frozen bread, which it is hoped will be enough until the end of the holiday.

JPOST VIDEOS THAT MIGHT INTEREST YOU:


Until now, this practice was not followed in the mixed prisons for regular criminals. According to the High Court ruling, it may be applied in cell blocks where the prisoners are all non-Jews, even if the prison itself is mixed.

Raik’s cell mates are non-Jews, but the larger cell block is mixed, so he will not be eligible for this arrangement.

Arbel agreed with Rubinstein but Rivlin ruled that since Raik ate in his cell and not in a dining room with the other prisoners in the block, he should also be supplied with bread for the holiday, before Pessah begins on Monday evening.

All the justices agreed that all prisoners could keep bread and other unleavened products that they had stored in their cells before the holiday and eat them during Pessah, as long as they did so in private and with respect for the religious sensibilities of those who observed Pessah kashrut.

Join Jerusalem Post Premium Plus now for just $5 and upgrade your experience with an ads-free website and exclusive content. Click here>>

Related Content

 From nuclear center, Netanyahu warns those threatening to destroy Israel (August 30, 2018).
September 20, 2018
Israel nuclear chief: We are upgrading defenses at Dimona reactor

By YVETTE J. DEANE