The attorney general has ordered a criminal investigation into Safed's chief rabbi, who is suspected of inciting racial hatred through several public statements directed against Israel's Arab community, and the High Court of Justice on Wednesday will hear the Israel Religious Action Center's petition demanding that he face trial. Attorney General Yehuda Weinstein demanded that a case against Rabbi Shmuel Eliyahu be opened after the rabbi made a series of inflammatory public statements including, "Arabs behave towards their women according to social norms backed up by the Quran, according to which one is allowed to hit his wife; and these are not delicate blows. A Jew doesn't need to run ofrm the Arabs. A Jew needs to make the Arabs run. Expelling Arabs from Jewish neighborhoods is an essentially part of the strategy." Eliyahu also said, "Their behavior was not pleasant. They let an elderly Arab woman live in our neighborhood, Amidar. She just arrived and has already become a nuisance. Every Saturday, ten cars full of Arabs come to visit her. The whole village is here. They dare to behave in Jewish neighborhoods in ways they would never dare to behave in their village." On Tuesday, the Justice Ministry noted that in 2006, Eliyahu also stood trial for crimes of incitement to racism against the Arab population. Following negotiations between the state and the rabbi's defense attorney, an agreement was hatched that called for the rabbi to speak public, clearly and decisively refuting his earlier statements and issuing a formal apology. The rabbi did so and the state rescinded its indictment. Weinstein took that incident into account in his decision to open an investigation now. Eliyahu was also one of the 50 rabbis who signed the "Rabbis' Letter," calling on Israelis not to sell or rent apartments to non-Jews. In his call for an investigation, however, Weinstein decided to focus not on the letter, but rather on Eliyahu's statements in the media. In response to the move by Weinstein, Eliyahu's office issued a statement saying, "Rabbi Eliyahu welcomes the attorney general's announcement because there is no room for investigation of the Rabbis' letter that forbids selling land and houses to non-Jews. He retains his position on principle because unnecessary intervention with religious rulings must be avoided. The rabbi is absolutely certain that an investigation into various public statements will clarify his position in a sharp and clear manner. The state must take action against a population that supports terror in the Arab sector, and not against the Arab sector as a whole. The rabbi hopes that the day will come when there is true equality in the eyes of the law with respect to freedom of expression for intellectuals, with no distinction between the Right and the Left." Eliyahu's attorney, Dr. Aviad Hacohen, said in response that, "We are pleased that the prosecution's position is that there is no basis for a criminal investigation that would include statements the rabbi made several years ago with respect to halakhic [Jewish law] rulings issued by the rabbi. As for opening this investigation into statements the rabbi made against the Arab public, we believe that there is no reason for a criminal investigation but, in any case, we believe that the outcome of this investigation will not lead to prosecution for statements he made in the framework of his role as a rabbi." Weinstein's decision on Tuesday was met with a series of responses from across the political spectrum. Meretz MK Zahava Gal-On called on Religious Services Minister Yakov Margi (Shas) to suspend Eliyahu from his position as a municipal rabbi for the city of Safed. Labor MK Avishay Braverman said, "The rule of law must not turn a blind eye to someone who has frequently incited people, for many years, against an entire community in Israel." Kadima MK Shlomo Molla said that it is "very unfortunate that Attorney General Weinstein did not include the 'Rabbis' Letter' in this investigation as well." National Union MK Yaakov Katz called on Tzohar rabbis, who work for a non-profit association of religious Zionist (Modern Orthodox) rabbis whose goal is to present Orthodox Judaism in a way that appeals to less observant Israeli Jews, to stand by Eliyahu and condemn the persecution of rabbis based on their legal rulings. Full disclosure: Dr. Aviad Hacohen is a legal commentator for Israel Hayom.
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