This year, a monkey wrench appears to have been thrown into Israeli Jews’ strict, Torah-true observance of Passover. An Israeli court has ruled that a law that only prohibits the display of hametz in a public place does not also prohibit the sale of hametz. The ultra-Orthodox are up in arms, as are a few secular officials, but Asher Maoz’s opinion in Ha’aretz is spot on:
The ruling by Judge Bar-Asher is a reasoned judgment, and it conforms with the logic on which the law is based. The judge refused to accede to the argument of the defendants that the law should be struck down because it violates their fundamental rights and is not in keeping with the values of the State of Israel. She did not accept their argument that the law represents religious coercion. The only thing she did was examine the definition of the “public” place in which the display of leaven is prohibited. She concluded that the interior of a business is not considered a public place according to the legal code, and therefore displaying chametz there does not violate the law, whose intent is not to offend the sensibilities of observers of Torah and mitzvot.
These people will in any case not enter a store or restaurant where nonkosher products are sold and served, and as such they will not be exposed to chametz and their sensibilities will not be offended. On the other hand, as long as there is no law prohibiting selling and serving leavened products to those who want them, why prohibit their display inside a place of business that is permitted to sell them?
The Israeli Haredi establishment won’t be satisfied until every square inch of Israel is a theocracy, and the men in black hats have all the power. Like Iran, but Jewish. People should have the right to buy, sell, and eat what they want during Passover. Just because some three-thousand-year-old law says you shouldn’t eat hametz, that means everybody in the country must be prohibited from it? Passover is about freedom. This includes the freedom not to give a damn about old laws and customs.
Many people know that on Passover, many Jews refrain from the eating of hametz, which is defined as food made from any or all of the “five grains”: wheat, barley, oats, rye, and spelt, in which fermentation has taken place by means of water for over eighteen minutes. If you bake whatever it is you’re making before eighteen minutes of hydration, it won’t rise but will turn into matzah instead. This (so goes the story) is in memory of when the Israelites were enslaved in Egypt, and had to leave in a great big hurry after all those ten plagues, the hardening of Pharaoh’s heart, and various special effects.
Jews are also prohibited from “deriving any benefit” from hametz during Passover, so a legal expedient has been invented: you can sell your hametz to a non-Jew. Essentially, you sell all of your hametz for some trivial amount, like $1, and the sales contract includes a clause that makes the hametz automatically revert to you if the non-Jew doesn’t come up with the rest of the money for the full value of the hametz. Since the hametz presumably remains in your kitchen somewhere, the “wink wink” nature of this contract is clear: it is a legal fiction designed to allow Jews to get around the Torah laws. (This is nothing new, by the way. Two examples: (1) The eruv, a kind of “boundary” created around a large area like a city to “enclose” it and thus make it one “domain” for purposes of carrying things within it on the Sabbath. (2) The Prozbul, a legal fiction wherein a debt can be “transferred” to a rabbinical court so it cannot be defaulted on during a Sabbatical year.)
Anyway, I’m glad for the judicial ruling that recognizes that if people—Jews—want to sell and buy hametz during Passover, they have every right to do so. This is victory for rationality, consideration, and tolerance, and against caving to the Haredim and surrendering personal choice to the theocracy that some Jews are intent on creating in Israel. People have rights, including the right not to observe old (and frankly, quite silly) traditions.
Let Israeli Jews who don’t want to eat hametz on Passover do what we do in the Diaspora: get really jealous at everybody they know who does eat hametz, and then have a massive pizza-and-pasta party after eight days of self-affliction. And if they happen to walk by a store selling cookies, cakes, breads, what have you—they should give thanks that they live in a country that allows people to buy, sell, and eat what they want when they want.
