Israeli Supreme Court : Hospitals Cannot Prevent People From Bringing Chametz In On Pesach

JERUSALEM (VINnews) — Israel’s Supreme Court ruled in response to petitions that the prohibition by hospitals of allowing Chametz into their premises during Pesach was devoid of authority and that people should be allowed to freely bring Chametz into hospitals. The prohibition was not based on health ministry recommendations but rather on Chief Rabbinate requirements from the hospitals.

The court claimed that the prohibition on allowing Chametz into hospitals harms the basic rights to autonomy and freedom of religion as well as harming patients dignity and right to self-determination and free choices.

The court ruled that there is no clear authority in the law which would allow hospitals to harm these constitutional rights. A health ministry suggestion to set up “Chametz enclaves” near hospitals where patients could eat food from outside the hospitals was deemed “very unclear” and it was not certain that it was applicable in many hospitals. Even allowing for such a solution, there would still be significant harm to patients rights. many of whom are unable to leave their beds and to reach the “Chametz enclaves.”

The court suggested various frameworks which would allow for maintaining kosher food in hospitals while allowing patients to eat other foods in their own privacy. Despite the fact that these frameworks were rejected by the respondents to the petitions , the court left these options open and noted that in hospitals abroad halachic solutions had been found for patients to eat kosher food while allowing other patients to choose alternative foods.

The court therefore ruled that security guards employed by hospitals would not be allowed to check food being brought in by outsiders and will not be allowed to prevent free entry of visitors with food, including Chametz, into the hospitals during Pesach. Chametz should be allowed to enter the hospital premises in accordance with regulations which would maintain the kosher status of food being served by the hospitals themselves. The court gave the hospitals, health ministry and Chief Rabbinate a ten month period in which to prepare a solution which would enable the implementation of this ruling.

Security guards will not be allowed to take any steps to enforce kosher regulations on Pesach, including making comments to visitors on the topic of the food they are bringing and its kosher status. The court concluded that “we hope that those involved in the matter will succeed in finding a way to maintain the delicate human fabric which characterizes hospitals that receive patients from all walks of Israeli society and provide equal service, catering to the needs of each patient as a human being.”

Judge Neil Hendel demurred claiming that this is a social conflict which must be solved by society. He stressed that this was not a conflict of rights which should be decided in favor of one side but rather a situation where everyone has rights and which should be regulated by mutual agreement and not court order.