Judge stated: beggar may return to Western Wall

The Jerusalem District Court discussed this week (Tuesday) the story of Avraham Lifshitz, 77, father of 8 children, 73 grandchildren and 88 great-grandchildren, who sat at the entrance to the Western Wall, blessed worshipers and in return received funds they gave to charity.

Ten days ago, Israeli police approached Lifshitz, as part of its struggle against beggars at the Western Wall, and asked him to sign a pledge, that he will not be the Kosel for 15 days, since the activity is a nuisance.

Lifshitz violated this undertaking and was arrested the next day.

In the morning, he was brought before Tamar Ben-Asher Tzaban, Magistrate Court judge, who determined that Lifshitz will be expelled from the Kotel for 60 days, deposit 500 shekels, will sign a self-commitment of NIS 2,000 and a third party guarantee for a similar amount will be signed.

The police claimed that he should be removed from the Kotel on account of violating a legal order and begging, contrary to the procedures of holy places. The judge also accepted the request of the police, since she claimed that within five days, during which Shabbos and Yom Tov fell, he returned and repeated the offense three times.

His attorney, Simon Kokosh, argued that his client had not committed any crime. "He did not put a hand out and did not beg," he said. "The police's directive which prohibits him to enter the Western Wall is an illegal provision. Giving charity is an acceptable Jewish practice, and my client does not beg, but accepts charity funds without asking for it at all."

Superintendent Yuval Zizi, who represented the state in the discussion, said that the case which was brought before the court "is not a single case" and that any decision made in the case of Lipschitz "can affect other beggars at the Kotel and one should give the police the authority and power to implement the provisions of the law."

At the District Court, attorney Kokosh filed an appeal against the limiting conditions against Lipschitz. At the hearing, Judge Moshe Drori quoted an excerpt from the book "Diary of the Western Wall, Rabbi Yitzhak Avigdor Bornstein, which brings a letter from the Chief Rabbis about 80 years ago, headed by Hgra"i Kook z"l, sent to the governor of the Jerusalem District and which distinguish between "charity before prayer considered a part of the service and a training for it", and "stretching out a hand and begging" for which they suggest that 10 poor will sit at the Wall in a way which will not harass the worshipers.

In his conclusion, the judge ruled that Lipschitz' appeal was accepted and he is cancelling all restrictions imposed on him and the latter will be able to enter the Western Wall and get back the amounts deposited. "Needless to say, he must know that my decision is not a final determination for either side. If he decides to carry with his activity at the Kotel, he should know that he will be exposed to an indictment and then the procedure will be as I said ..." (if convicted – he will be punished. If acquitted - hence he acted lawfully. Y.A.).

'בחדרי' גם ברשתות החברתיות - הצטרפו!