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Court: Ban on Temple Mount Jewish Prayer Violates Freedom of Worship

Attorney: "Police are breaking the law by preventing Jews from praying."
Police hauling religious youths into Jerusalem court. "The judge’s decision today asserts that there is no prohibition against praying on the Temple Mount," said Attorney Ben-Gvir, "and that it is the police who are acting against the law when they prevent Jews from praying.”

Police hauling religious youths into Jerusalem court in 2011. "The judge’s decision today asserts that there is no prohibition against praying on the Temple Mount," said Attorney Ben-Gvir, "and that it is the police who are acting against the law when they prevent Jews from praying.”
Photo Credit: Yonatan Sindel/Flash90

In its deliberation Sunday, June 23, at the Jerusalem Magistrate Court, Judge Dov Pollock ordered that a Jewish youth suspected of praying at the gate to the Temple Mount and assaulting an Arab youth be released to his home on condition of his posting bail and with a restraining order banning him from the Temple Mount area for 15 days.

The judge rejected police demand for a restraining order banning the youth from the entire Old City for 60 days.

In his decision, Judge Pollock noted that police claim that Jewish prayer on the Temple Mount is problematic and causes unrest violates freedom of religion. Judge Pollock cited in his decision a similar statements written by Judge Malka Aviv several months ago.

On Friday, June 21, the youth arrived at the Cotton Merchants’ Gate leading to the Temple Mount in order to say a prayer in a place from which the site of the Holy Temple could be seen. According to the youth, he prayed at the gate and while he was praying an Arab youth approached him and began to kick him. According to the youth and Itamar Ben-Gvir, the attorney representing him on behalf of Honenu, such occurrences are commonplace on the Temple Mount and in the surrounding area. Arab youths, and sometimes children, are sent by adults to provoke and beat Jews going up to the Temple Mount. The police and the court do not deny it. The Jewish youth said that he kicked the Arab youth in return and in response was detained by policemen who were on the scene.

Despite the fact that Shabbat would soon begin, the Old City Police did not hurry to bring the youth to court for a hearing and as a result he was forced to spend Shabbat in remand.

On Saturday night, the detainee was brought to the Jerusalem Magistrate Court for a hearing on his release conditions. Judge Hagit Mak-Kalmanovitch berated the police representatives for holding a hearing on release conditions at such a late hour and released the detainee under an obligation to report the following morning for the hearing.

The following morning, the court rejected the police demand for a 60 day restraining order banning the youth from the entire Old City of Jerusalem. Judge Pollock also added that when Arab women made a disturbance on the Temple Mount, the police did not demand a 60 day restraining order and therefore he does not see cause for such a demand in the case currently before him.

In response to the court’s decision, attorney Itamar Ben-Gvir, representing the youth on behalf of Honenu, said that “This is an important decision which I hope the Israeli Police will study and internalize. The right to pray in the State of Israel is not reserved only to the Women of the Wall, but also to Jews who would like to see the Holy Temple rebuilt.”

“The judge’s decision today asserts that there is no prohibition against praying on the Temple Mount,” said Ben-Gvir, “and that it is the police who are acting against the law when they prevent Jews from praying.”

For additional, but not all, cases in which Honenu attorneys represented Jews detained on or near the Temple Mount please go here, here, here and here.

About the Author: Yori Yanover has been a working journalist since age 17, before he enlisted and worked for Ba'Machane Nachal. Since then he has worked for Israel Shelanu, the US supplement of Yedioth, JCN18.com, USAJewish.com, Lubavitch News Service, Arutz 7 (as DJ on the high seas), and the Grand Street News. He has published Dancing and Crying, a colorful and intimate portrait of the last two years in the life of the late Lubavitch Rebbe, (in Hebrew), and two fun books in English: The Cabalist's Daughter: A Novel of Practical Messianic Redemption, and How Would God REALLY Vote.


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19 Responses to “Court: Ban on Temple Mount Jewish Prayer Violates Freedom of Worship”

  1. Of course it does.

  2. Brian Kent says:

    I am more worried about access to the Kotel HaMaaravi.The police oin Israel blocked of access to thousands of Orthodox women to permit a small group of reform have a gathering.In addition they were given a VIP area.These people should not kid themselves.If you cannot maintain Kedusha at the Kotel you won't be zoche to the Har HaBayis!

  3. Praying for Israel l I forever love Israel!

  4. Are the Police Israeli? This is my first question. Why the Jewish people may not pray at the Temple Mount is a sacrilege against the Temple Mount itself. Islam stole this from the Jewish people, after having ignored it for many years. Solomons' temple only became a mosque at the same time as Haggia Sophia. I am firmly of the belief, Mohammed is the false Prophet, spoken of in scriptures. The whole of Islam is based on the Ishmail, Jacob's first son by his servant women. Mohammed clearly took it into his head to emulate Yeshua, the Rabbi/Teacher from Bethlehem. There can be no peace in Israel while these irreligious Islamists carry out the many barbaric practices against both women and children of their own and the men behave like maniacs. According to the WHO a Danish psychologist has carried out a study on the genetic make up and brain scans of large numbers of arabs, IQ levels are below 70 for the vast majority of the experiment. This is a result of heavy interbreeding 1st 2nd cousins, not mentioned, however, the Ashura ritual (Pagan dating back to Ancient Babylon Inanna) must surely cause damage to the brain tissue and fontanelle of young children when their heads are deeply cut 2-3 inches, from the front hairline and left to bleed, all kinds of infection and malformation can arise from such a practice.

  5. Robert James says:

    The worship of the goddess Easter/ Ishtar/Ashura/Aurora, Isis, is indeed hideous, and filled with heathen sexual rites in many cases.

  6. Isn’t it odd how the whole world has turned on Israel and simply REFUSE to take full account of factual evidence? One only has to go through history from the Biblical perspective and look at the worldly facts. Several people say that Israel never REALLY existed in ancient times in Jerusalem and never had their temple there. Okay, so what do the facts bear out? OBJECTIVELY and HONESTLY look at the arch that depicts Rome's victory in 70 AD over Israel and see the implements of the old Jewish temple being taken by Rome(see the link below). Then with that factual information, realize that Israel factually existed in Jerusalem in 70 AD and that God’s Temple was real.(shown below in the link). They are not occupying Islamic land. They have been returned as a nation to their home land just as God in the Bible said he would in the latter days. Do we really think that ANCIENT ROME built the arch in Rome just to fool Muslim people in the future? Islam did not exist in 70 AD at the time of this battle. Rome built that arch as bragging rights and to remember their victory. They then renamed the area from Israel to Palestine, in a failed effort to end the memory of Israel. It of course did not work and Israel has now been restored by God as he promised. Here is a link to see the actual arch in ROME that was made in 70 AD after the sacking of Jerusalem by Titus of Rome. Notice the Menora from the temple in Jerusalem. This is factual evidence left from Rome, the ENEMY.
    of Israel, that still stands in Rome today and can be seen by anyone. This is older than the muslim religion. http://www.scholarscorner.com/museums/titus.htm
    I wrote a small 6 page book that outlines what I believe the Bible states will take place soon as well as the potential trends I see at this time. I don’t accept donations and it’s free. It’s a short read. I encourage you to have a look: http://www.booksie.com/religion_and_spirituality/book/richard_b_barnes/after-the-rapture-whats-next.

  7. it definitely does! time to take back what is yours!

  8. This is a welcome developement that gives meaning what democracy is, that gives everyone the right of freedom of religious expression, whenever & whatever one feels. This would means also that muslims have the right to express their religious gesture at the kotel, in whatever &whenever one feel.

  9. Tim Upham says:

    The Muslim holy day is Friday. The Jewish holy day is Saturday. Jews have no reason nor desire to go into the Dome of the Rock and Al-Aqsa Mosque, so there is no reason at all why Jews cannot go up onto Temple Mount to worship. Denying does constitute a violation of freedom of worship.

  10. People need to pray every day there until the police stop harassing Jews for praying.

  11. We can see racism and prohibitions against Jews in Israel in many places. The Temple Mount is not the only place. Please read my blog post on the subject:

    http://livinginisrael.info/racism-against-living-in-israel-jews/

  12. Where is the out cry?

  13. Marty Mensch says:

    Where is the WOW when we need them!

  14. Dvorah Bee says:

    Haven't I said that the people need to demonstrate, mass demonstrations, to fills the streets of Jerusalem, surrounding the Templ Mount

  15. Dvorah Bee says:

    We are giving our power away by permitting these "elected and democratic leader to make up rules that hurt and weaken the Jewish people's sovereignty. Are we to sit by idly or organize and resist this- the Temple Mount is symbolic- if we can't control our own territory, our own holy places, then where is our power? Are we sovereign?

  16. Dvorah Bee says:

    Marty, I talked to the leader of WOW and she has a big ego and does not want anything that will take away from her "cause."

  17. Cindi Miller says:

    Tim Upham:Wrong…The Jewish Sabbath starts at sundown Fri & ends at sundown Sat.

  18. Leo Reich says:

    Boker Tov Eretz Yisrael !

  19. день и ночь думаю о тебе гора Святая и о народе избраном Твоем.Да хранит Всевышний братиев моих Иудеев и дома их при входе их и при выходе.

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