The High Court ruled Monday afternoon that a business cannot claim it is kosher if it doesn’t have a kashrut certificate from the Chief Rabbinate, and that doing so constitutes a criminal offense.

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Nevertheless, the judges said that the ruling only applies for two years and that during this period the relationship between kashrut inspectors and restaurants would have to change so that the former would not be subordinate to the restaurants nor be employed by them.

"If this is not achieved," Justice Rubinstein wrote in the ruling, "at least in a substantial and serious manner, the issue is likely to be reopened and the position of both sides will be maintained."

Kosher certificate (Photo: Avi Muallem)

With the ruling, the court thus adopted the strict interpretation of the Chief Rabbinate regarding the prohibition to committing kashrut fraud. The ruling is also a victory for the legal adviser to the Chief Rabbinate Harel Goldberg over the attorney general who refused to present his position arguing that it is allowed as long as the word ‘kosher’ does not appear on the certificate. This means that alternative supervisory bodies would be prohibited from issuing certificates unless they come in addition to those issued by the rabbinate.

The petitioners’ representative, Attorney Ricky Shapira stated, "The petitioners are distressed by the High Court’s ruling which provides the rabbinate an unprecedented monopoly in the field of kashrut. The ruling was contrary to the position of the Attorney General, formulated only because the petition was filed, and we believe this will disproportionately harm the freedom of commerce and the freedom of religion for business owners and consumers. Given the fact that the judges disagreed, and due to the serious implications of the ruling, the petitioners intend to apply for a further hearing before an expanded panel of the High Court. We hope that the court will grant our request, in light of the apparent violation of fundamental rights and the fact that the verdict is inconsistent with fundamental principles such as the duty to promote religious pluralism."

Rabbi Aaron Leibowitz, who heads the project "Private Supervision" (an alternative kashrut model for restaurants; businesses presenting his certificate have been punished with fines), said: "We are currently studying the High Court's ruling with our legal counsel. Private supervision is not going anywhere. As the most professional and ethical kashrut supervision body in Israel, we will not abandon the public to the Chief Rabbinate.”

The debate regarding the exclusive right to issue kashrut certificates was raised by Shai Gini and Yehonathan Vadai, two restaurant owners in Jerusalem who decided to forfeit the kashrut certificates from the Chief Rabbinate which they possessed. Gini decided to stop using Gush Katif greens (greens strictly farmed to ensure that they contain on insects – ed.) as required by the Chief Rabbinate, and Vadai refused to continue paying the salary of his kashrut supervisor who, according to him, only came a few minutes each week and didn’t do any real supervising.

However, they continued to keep the laws of kashrut and decided to present themselves as a kosher establishment under the supervision of “Private Supervision”. They were fined because their restaurants were presented as being kosher despite lacking the required kosher certificates. They claimed however, that the restaurant did not present itself as kosher.

They petitioned the High Court, claiming that as long as a business abides by the laws of kashrut and does not mislead customers about the type of certificate it possesses, no law has been violated. While the High Court rejected the petition, it did not do so outright. "This ruling is not meant to sanction the existing kashrut system," wrote Judge Noam Solberg in the ruling. "One must not understand from my opinion that this is specifically the correct and appropriate mechanism. The ruling is a legal examination of existing law. It deals with what exists, not with what is necessarily desirable."

Sephardic Chief Rabbi of Israel Yitzhak Yosef said that “we should welcome the decision intended to prevent misleading the public who observe kashrut laws. I invite all business and restaurant owners to come and become familiar with the Chief Rabbinate of Israel, which undertakes a daily effort to make things easier for the public and business owners, all the while maintaining the required kashrut level.”