The President of the Jerusalem Magistrate's Court, Judge Shmuel Herbst, rejected the police request to remove journalist Arnon Segal and his son from the Old City of Jerusalem - following the transport of a goat to sacrifice a Passover sacrifice on the eve of the holiday.
Segal was detained for questioning on the eve of the holiday, after he filmed his son leading a goat for the Passover sacrifice near the Old City.
The judge reviewed, in a unique and reasoned decision, the importance of the Passover sacrifice, rejected the police's claim about the abuse of animals brought for slaughter, and said that the police's claim that the Passover sacrifice on the Temple Mount is "an event with explosive potential" was not proven.
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At the hearing, which took place on Friday, the police requested that Segal and his son be removed from the Old City and the Temple Mount for 45 days.
At the end of the discussion, the two were removed for the duration of the holiday only from the Temple Mount area, which is closed anyway during the holiday.
The two were represented by attorney Nati Rom from Mhonenu.
In his unique decision, Judge Herbst first elaborated on the importance of the Passover sacrifice: "The Passover sacrifice is one of the central and important commandments of the holiday, which is a central focus for the remembrance of the Exodus from Egypt and the redemption of the Jewish people. The sacrifice, which must be from the flock - a lamb or goat, a one-year-old male without blemish, is sacrificed on the 14th of Nisan towards evening. This date is clearly anchored in the Book of Exodus... After the sacrifice is slaughtered, the blood is sprinkled on the altar and the milk is incensed, the meat of the sacrifice is eaten on the night of the 15th of Nisan (the night of the Seder) in an atmosphere of freedom, by groups of people who have gathered and 'counted' on the sacrifice in advance. The entirety of these laws is intended to illustrate the haste in the Exodus from Egypt and the transformation of the Israelites from slaves into a free people," explained the President of the Peace Court, while continuing to describe the importance of the date of the sacrifice.
""Today, the Temple does not exist and the Passover sacrifice is not offered. The respondents, a father and his minor son, apparently seek to restore Atara to its former glory. It seems that the attempt to bring in the goat is a protest and demonstration against the current procedures on the Temple Mount.
""This decision does not express an opinion regarding the wishes of the respondents or the procedures of the Israel Police regarding entry to the Temple Mount or the bringing of goats into it. This review is intended to emphasize that the sacrifice of the Passover sacrifice is a mitzvah limited in time. This time has already passed and the saying 'time has passed, its sacrifice is void' is more than true and appropriate here," the judge added.
Regarding the police claim that transporting a goat to the Temple Mount for slaughter is animal abuse - Judge Herbst ruled: "As for animal abuse - I did not find that there is reasonable suspicion against the respondents in this matter, not even a little bit of it. We all love animals, but most of us also feed on them, and it is impossible to say that every animal that ends up being slaughtered is sufficient to crown the slaughterer as an animal abuser. This is a far-reaching claim and cannot be accepted.".
Regarding the claims about the security risk and the 'explosiveness' in the deed, the Supreme Court ruled: "As for the dangerousness. According to the applicant, this is a 'danger with a very high threshold' and since this is 'the most sensitive area in the Middle East' and 'an event with very explosive potential,' the respondents should be removed from the Old City for 45 days.
""My specialization is in law and not in security, but it is accepted in our legal world that one cannot be satisfied with general statements that are not backed by relevant documents in order to establish dangerousness. Recent times, recent wars, and global changes show that various axioms that were recited by many as fundamentally wrong and collapsed with a loud noise, some are political axioms and some are security axioms. The burden placed on the security authorities is clear and we are all grateful to them for their dedicated and important work and pray for their victory in the various arenas, but the argument of dangerousness and explosiveness requires a lot of proof - and this was not presented to me," the Supreme Court ruled.
In conclusion, the Court states: "I did not find it appropriate to remove the respondents from Old Jerusalem, as they reside in the City of David, which is adjacent to Old Jerusalem. This is an unacceptable request that imposes a significant and unnecessary restriction on movement. However, given the period in which we are, I find it appropriate to remove the respondents from the Temple Mount complex only (which, as I understand, is closed to visitors during the holiday), and this until 9.4.26 at 09:00.".
In another decision, the Supreme Court allowed its decision to be published, despite the police's opposition and despite the fact that it was a decision by a minor.
Attorney Nati Rom Mhonenu welcomed the decision: "There are judges in Jerusalem. A decision that respects the heartfelt yearning of tens of thousands of your people, the House of Israel, is a decision that respects the Israeli legal system. I hope the Israel Police will draw conclusions.""
Journalist Arnon Segal responded: "The President of the Jerusalem Magistrate's Court, Shmuel Herbst, refused the police's request for a prolonged removal of me and my interlocutors from the Old City (we were removed for a week from the closed Temple Mount anyway), and in the ruling he goes on to explain the importance of the Passover sacrifice. There are judges in Jerusalem.".
