Raayk v. Prison Services Authority
Israel Supreme Court
Request for Permission to Appeal 4201/09 (2010)
- Written by Whitney Waldenberg, JD
Facts
Under Jewish law, Jews may not consume or come into contact with leavened bread products during the week of Passover. Raayk (plaintiff) was a non-Jewish prisoner housed with other non-Jewish prisoners by Israel’s Prison Services Authority (defendant). Raayk wished to be able to eat bread during Passover and petitioned a Tel Aviv district court for the right of non-Jewish prisoners to have access to bread during Passover. The district court rejected the petition, and Raayk appealed to the Israel Supreme Court. The chief rabbinical authorities submitted opinions that the non-Jewish prisoners who were housed with other non-Jewish prisoners only may be provided a certain amount of bread before the beginning of Passover, which they could keep and consume during the week, and that the Jewish guards could not be required to come into contact with the bread or supply additional bread during the Passover week. The rabbinical authorities further opined that in the case of non-Jewish prisoners housed in mixed units with Jewish prisoners, the non-Jewish prisoners could not receive bread because there was no practical way to prevent cross-contamination with the Jewish prisoners’ food. The chief rabbi of the Prison Services Authority further noted that nobody rummaged through the prisoner’s personal closet, and if he had saved bread from before Passover and consumed it privately, it had not caused a problem with his Jewish cellmates.
Rule of Law
Issue
Holding and Reasoning (Rubenstein, J.)
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