י"ז אלול התשפ"ד
20.09.2024

Will Hgr"ch go up to the Supreme Court?

Initial release: Following the generator saga in Bnei Brak, Rav Eliezer Rubinstein came this morning to Rabbi Chaim Kanievsky, who told him of his desire to attend the High Court hearing tomorrow • "If I have the power, I will come to support the Shomrei Shabbos" • Rubinstein and Shapiro in vigorous talks aimed at bring a solution to the ongoing saga

Will Hgr"ch go up to the Supreme Court?
אלי קובין

Visit by Rabbi Avraham Rubinstein at the home of Rabbi Chaim Kanievsky, Rabbi Chaim was shocked that the lawsuit against the location of the Shabbos generator in Givat Banim in Bnei Brak. Rabbi Chaim said that if he would have the ability he will arrive tomorrow before the Supreme Court in Jerusalem to support and encourage the Shomrei Shabbos.

Beginning of the story that has lasted for a long time, the saga of repeated demands from residents to the municipality, a petition filed by residents of the District Court of Tel Aviv against placing the generator claiming that the generator was placed illegally, after determining that the judge does have to turn the generator Bnei Brak Municipality issued a building permit for the generator which actually solved the problem of illegal location.

At this time, the residents filed an appeal against the permit and the court accepted the position, when he states that building permits were issued illegally and are hereby repealed, and that the municipality evacuates the area in question, which is not done in practice.

Consequently, residents of the area sent a third petition against the city alleging contempt of court. And the municipality did not maintain even the residents again appealed to the Court determined that the municipality acts in bad faith when it requires that a fine of NIS 4,000 for each day the generator remains in place.

Particularly acute judgment, the judge ruled that "the elusive manner in which counsel replied municipality characteristic behavior throughout the current procedure and the previous proceedings, which were held to other writers. Conduct of the respondents (municipality) creates an uneasy feeling in every human conscience, public health and the rule of law is important to him. It is not appropriate that the administrative authorities shall take the approach that expresses contempt for human life and disregard the opinions - court judgments. "

"Respondents refer to judgments rendered in the matter as recommendations only, and can be interpreted by understanding." Judge writes.

Bnei Brak municipality appealed the Court to the High Court, arguing that this is a standard procedure practiced by all Orthodox neighborhoods throughout the city and the country which finds confirmation for generator used for the benefit of residents in the area who tend to use electricity produced from a generator on Saturday only and is intended for residents.

As mentioned, tomorrow a court hearing is scheduled. As expected for the discussion came to Rabbi Chaim who is known on the issue of electricity on the Sabbath for advice and received his blessing. Suddenly Rabbi Chaim announced that if he will have the ability he will also participate in the discussion.

It should be noted that in recent days Rabbi Avraham Rubinstein substitute mayor of Bnei Brak along with Deputy Mayor Rabbi Menachem Shapiro worked to try to find a permanent solution that will end the ongoing saga.
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