Ashdod – Court: Rabbinate Must Grant Kashrut License to Messianic Jew’s Bakery

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    Photo credit VIN News JJAshdod, Israel – Following a lengthy legal battle, the High Court of Justice ordered the Ashdod Rabbinate to grant kashrut certification to a local bakery owned by a Messianic Jew.

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    Justices Eliezer Rivlin, Yoram Danziger and Salim Joubran ruled that both the Ashdod Rabbinate and the Chief Rabbinate Council, which backed its decision, had exceeded the authority granted them by the Kashrut Law when they demanded that the bakery meet special conditions not demanded of other enterprises solely because the owner is a Messianic Jew.

    The bakery, Pnina Pie, is owned by Pnina Comporati, a 51-year-old resident of Gan Yavneh who grew up in a traditional Yemenite household. Sixteen years ago, however, while working in the United States, she became a Messianic Jew.

    In 2001, she opened the first branch of her bakery, in Gan Yavneh, and the Gan Yavneh Rabbinate immediately gave her a kashrut certificate. Later, however, her messianic faith became known, and in 2004, the rabbinate revoked her certificate. Comporati opted not to fight this decision.

    Two years later she opened her second bakery, in Ashdod. However, word of her messianic faith soon reached that town, and the kashrut certificate she had initially received was revoked there, as well. As a result, she said, she lost 70 percent of her business within three weeks.

    In July 2006, the Ashdod Rabbinate gave her a hearing, after which it wrote that because she believes in Jesus, she cannot be trusted to keep her bakery kosher. Therefore, it said, if she wanted a kashrut certificate, she would have to hire a full-time kashrut inspector, who would be on the premises whenever the business was open and have sole possession of the keys when it was closed.

    Comporati appealed this decision to the Chief Rabbinate Council. But while she was awaiting a hearing, the Gan Yavneh Rabbinate decided to restore her kashrut certificate – with no strings attached.

    The Chief Rabbinate Council, however, largely sided with the Ashdod Rabbinate, softening its terms only a little: It said she could obtain a kashrut certificate only if she hired someone whose kashrut could be trusted and who would be on the premises most of the day, and if she handed over the keys to a kashrut inspector every night.

    Comporati petitioned the High Court arguing that the rabbinate had no right to set special conditions just because of her religious faith. That, she said, violated both her freedom of occupation and her freedom of religion.

    The rabbinate, backed by Attorney General Menachem Mazuz, argued that the conditions it set were legitimate. But the court rejected this claim, saying the only considerations the rabbinate may consider in granting kashrut certificates are those directly related to kashrut. As long as the applicant’s personal beliefs do not affect the kashrut of the food, the rabbinate has no right to discriminate on account of these beliefs, it ruled.

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    62 Comments
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    Babishka
    Member
    Babishka
    15 years ago

    There is a story concerning Rav Yehudah Leib Malbim ZT”L. A Jewish butcher in his city joined the Reform temple, and Malbim revoked the kashrus of his butcher store. The Jew went to the Austrian secular court and sued to get his kashrus back. The Austrians ordered the Malbim to return the kashrus approval to the butcher shop and to announce it in his shul. the Malbim said, “As you know, I revoked the kashrus certification from Ploni’s butcher store because he openly violates the mitzvos, etc. However His Majesty the Kaiser Franz Josef yorum hodo, holds a different halachic opinion and according to His Majesty’s kashrus the Ploni butcher store is kosher and all of you who rely on the Kaiser’s halacha can eat from there.

    Anonymous
    Anonymous
    15 years ago

    Again – what happens when you mix civil and religious law.

    Anonymous
    Anonymous
    15 years ago

    Reply to #1 very well said

    chief doofis
    chief doofis
    15 years ago

    Of course, her kashrut is suspect. Although the Gemara states that with respect to Mitzvot “kuttim” accepted, they are very strict.

    What about people who believe in a Messiah, who would be about 105 now, and who passed away about 15 years ago? Shouldn’t they also have their kashrut suspected?.

    Obviously, the former false Messiah, who presumably, (if the Gospels are to be trusted at all) stated that the Law has been superceded, was a weaker candidate, and those who believe in him are suspect. The latter candidate, is nevertheless, no less a false Messiah, than were many others.

    It would be incumbent upon the Rabbinic leaders to suspend their kashrut certificates as well.

    Anonymous
    Anonymous
    15 years ago

    How sad and painful that such a ruling can be passed in israel

    murray
    murray
    15 years ago

    I read that a kosher night club had its certificate withdrawn because of belly dancing. Now I see that the court here with this apostate is saying as long as the Kashrus is Not in question, the owner’s personal beliefs are Not relevant. How is idolatry “more” kosher than immorality?

    Anonymous
    Anonymous
    15 years ago

    The only really valid consideration in granting kashruth certificates should be objective factors directly related to halacha. I agree with the court that as long as the applicant’s personal beliefs do not violate those standards, the rabbonim should not have the right to discriminate on account of these beliefs. There are literally thousands of restaurants, bakeries, food stores etc. in EY owned by non-frumme yiddin that have kashruth certification without 24×7 mashgichim. Do you have any evidence that these yiddin care more about compliance with the kashruth technical requirements than this messianic “jew”.

    Dovid
    Dovid
    15 years ago

    Also notice that one of the three Israeli judges who made this decision is Salim Joubran, who himself is a Christian Arab.

    Kashrus Pro
    Kashrus Pro
    15 years ago

    let the court give the hashgocha.
    being that mir zenin zayir kliga mentshin I hope VIN follows up on this story so we could see how the ashdod rabonim “shtuched out” the court.

    What is the Halacha?
    What is the Halacha?
    15 years ago

    Will someone cite the halacha according to various shitas? Halacha Toras Moshe M’Sinai is the only thing that matters.

    Anonymous
    Anonymous
    15 years ago

    rak b’datz people.

    dont trust rabbanut. just a bit of bribery from the corrupt govt and youre eating khazar without knowing it.

    Satmar says
    Satmar says
    15 years ago

    Ubshilten Hakofrim Ein Uni Mamminim. you see, the eidah hachareidis doesn’t have this problem. you entrusted your yiddishkit in the rabbinate, here is your problem. Chuchem Udif M’nuvi

    Anonymous
    Anonymous
    15 years ago

    Babishka #1 Great story.

    If the Rabbanut will fear the Secular Arab Court and give her a hechsher of Kashrut, they can never be trusted again.

    Anonymous
    Anonymous
    15 years ago

    A mumar can be just as careful about kashruth, and perhaps even more so, than a yid whose only focus is on making money and could care less about the laws of kashruth. I’d rather have someone whose ethical ideals recognize the reliance we place on hashgacha rather than someone trying to cut corners and save money. These rabbonim naively assume that simply because someone has milah they will always be attentive to kashruth. That is a joke.

    chief doofis
    chief doofis
    15 years ago

    As for my friend who asked me to jump in the lake. There are several respected Kashrut organizations, in this country, that at least, nominally, ask shochatim and the like, if they are Meshichist or not. As far as Rabbi Akiva, and his belief in Bar Kochba: Rabi Akiva STOPPED believing that Bar Kochba was the Messiah, when events, particularly Bar Kochba’s death, proved him wrong. Many “ehrlicher” Jews believed in other Messiahs, whose careers eventually went awry. Almost all of them abandoned their beliefs. Many of this generation’s “Meshichistin” have altered their original beliefs, unfortunately, many have not. R’ Aharan Soloveitchik, ZTL, is quoted as saying that they don’t lose their “Chezkat Kashrut” because of a “meshugas”. It’s now 15 years after the death of the Rebbe, ZTL. For many, the “meshugas” has run its course. Tragically, too many still believe that a man, albeit a wonderful, brilliant tzaddik, but still a man; who died half a generation ago, without (fully) redeeming K’lal Yisrael, without rebuilding the Beit Hamikdash, without causing UNIVERSAL love and respect for the Ribbono Shel Olam, his Torah, and his people, is the Messiah.

    This is not any more “sinat chinam”, than someone who won’t accept many other “alternatives” to what he feels is normative Judaism. Further, while I won’t trust the kashrut of a Messianist (or Meshichist), that does not mean that I hate him! I also don’t trust the kashrut of many beloved relatives, close business associates, and good friends. I certainly don’t hate them, there is no Sinat Chinam. I love them, but cannot eat in their homes, unless they order out, and serve on paper. So, too, I don’t necessarily hate the Meshichists I know. I will wish them mazal tov when they have babies, pay shiva calls when they are in mourning, etc. I will not daven in a minyan where the “yechi” is recited, nor will I eat in their homes. Where is my “sinat chinam”?

    Anonymous
    Anonymous
    15 years ago

    This woman has no inheritance in olam obah and she is supposed to be cut off from the rest of the Jewish people in this world because she spreads avoda zara. period and end of story!

    Anonymous
    Anonymous
    15 years ago

    Geez…it only took 32 posts to link this issue to SMR; this is not about rubashkin–this is about the technical standards for hashgacha which the Postville incident only highlighted as somthing to be taken out of a political context. This woman should be held to the same standard as any yid seeking a certificate. Should a secular jew owning a restaurant be automatically be assumed to be shomer shabbos, mitzvos and believe in a specific concept of moishiach??

    Anonymous
    Anonymous
    15 years ago

    Millhouse, we’re taking up a collection for a one way ticket to Ashdod. You can have a complimentary breakfast at this woman’s bakery. She says she can let you stay at her house, with a nice picture of J. to keep you company. And frankly, it’s more than you deserve.

    Tell me…you are on VIN all day, every day. Do you have a job? Family life? Any kind of life? Or is your raison d’etre simply to make everyone else’s life miserable with your arguments? Hate to tell you, but it ain’t working. I think I speak for many when I say you are just wasting your time. Nobody cares what you think. You used up any credibility you may have had years ago!

    To #1 …the perfect answer! And of course, the Rabbinate can publicize the decision & let people know it was Court mandated & they don’t agree & they wouldn’t eat there.

    Mordechai
    Mordechai
    15 years ago

    unfortunately Israel has stooped to such a low level.
    Yes the Rabbinate was correct L’halchah to take away the Hechsher (Yorah Deah Siman 2).
    If the person believes that JC is Moshiach, we can assume that he beleives in all the Kefira that it attached to such a Deah, and therefore is considered a Mumar in the Ikorim (Ramabam), such a person is not believed in all matters of Halacha.
    The Gemara says “Zilusa D’bei Dina Lo Chayshinan” we are not concerned for the embarrassment of the Beis Din, safe to say that Torah and Shulchan Aruch will prevail.

    eidah fan
    eidah fan
    15 years ago

    when will you heathens come to the realization that ‘chochom adif menavi’ – the great tzadikim are able to connect the dots that the rest of us may not even be aware of. The eidah realized long ago that this is where we would unfortunately end up. Instead of calling them fanatics we should be grateful that they are standing up for what is truly important.

    Anonymous
    Anonymous
    15 years ago

    The rabinnate made a big mistakr by showing up in court. That validated the fact that a judje can rule over them. They should have sent a letter to the judge saying that if the court can rule over the rebinnete then the purpose of a rabinnete is nonexistant. They should now say that they are ready to go to jail but not give them a hechsher for it is the judges word against the Alnightys word.

    Aryeh
    Aryeh
    15 years ago

    The bread is treif. Halacha is by the rabanim, not the apikorsim. BTW, why was yayin neshech forbidden again?

    Aryeh
    Aryeh
    15 years ago

    Halacha is by the rabanim, not the apikorsim. The bread is treif…BTW, why was yayin neshech forbidden again?

    moish
    moish
    15 years ago

    They should write on the certificate bhashgochas habagatz! On a more serious note when will we finally come to the realization that the satmar rov zt’l and the brisker rov zt’l were right when they forsaw that an institution that takes money from the medina will not be able to function independently according to the torah.