Case Number
HCJ 3458/17
Date Decided
8-8-2019
Decision Type
Original
Document Type
Full Opinion
Abstract
[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]
This petition challenged the policy of the Israel Defense Forces in the matter of military funerals. The petition argued that the bereaved family of a soldier is given a choice between an Orthodox religious military funeral or a civilian funeral, but there is no option for a civilian funeral or a non-Orthodox religious funeral with military honors.
The Military Cemeteries Law establishes the right of every fallen IDF soldier to be buried in a military or non-military cemetery, as his relatives may choose, but is silent in regard to the character of the funeral. Therefore, military funerals are primarily regulated by the General Staff Orders (hereinafter: the Order) and directives of the Ministry of Defense. As of the date of the filing of the petition, the Order allowed for the burial of a soldier in one of two ways: a military, Orthodox-religious ceremony in a military cemetery, or a civil ceremony in a civilian cemetery, without any military characteristics.
Following the filing of the petition, the Order was amended to permit deviating from the religious characteristics in a military funeral in a military cemetery, as well as for holding a military funeral in a civilian cemetery. Further discussions between the parties led to the additional amending of the Order such that the default would be that changes in the format of the ceremony set out in the Order would be permitted, so that the funeral ceremony would be consistent with the expectations of the family, and would take their feelings into consideration. The Respondent later agreed that in the course of coordinating a funeral, the bereaved family would be informed that its loved one could be buried in a military funeral that would be consistent with its lifestyle and beliefs. In that framework, the family would be permitted to choose whether it desired religious elements in the ceremony, and would be permitted to make other changes “as long as the structure of the ceremony is preserved” and there would be no “desecration of the sanctity of the cemetery”.
In view of the changes to the Order agreed to by the Respondent, which granted all of the requested remedies, the Petitioner agreed to withdraw the petition. In dismissing the petition, the Court awarded costs to the Petitioner in recognition of its contribution to advancing the matter.
Keywords
Jewish Law -- Burial
Recommended Citation
Baron, Anat; Elron, Yosef; and Grosskopf, Ofer, "Hiddush – For Religious Freedom and Equality v. Israel Defense Forces" (2019). Translated Opinions. 192.
https://larc.cardozo.yu.edu/iscp-opinions/192
