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Beth Din retracts ruling absolving East London rabbi

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Back in September 2019, the Beth Din found Rabbi Chanoch Galperin innocent of an allegation by the East London Chevrah Kadisha (ELCK) that he had forged the will of the late Israel Bayer to divert funds from Bayer’s estate originally intended for charity.

The Beth Din has now formally withdrawn and set aside this ruling, and the rabbi has formally admitted that his wife wrote the will, which would disqualify him from benefitting from it unless he is permitted to by an order of court.

The East London community is in a state of limbo as the rabbi continues to occupy the rabbinical home and fight the case related to the disputed will in the Grahamstown High Court.

In a plea to the court dated 23 November 2020, Galperin said he denied that the handwriting on the will in question was his, and admitted that it was that of his spouse, Sara Galperin. He admitted that the Wills Act “disqualifies the spouse of a person who has written out a portion of a will in his or own handwriting”, but asks that the court declare him competent to be the executor of the estate and to benefit from it.

The previous version of Bayer’s will instructed that one third of his estate go to the ELCK, but a later handwritten will in the rabbi’s possession allocates this same third of the estate to him. After a Din Torah (hearing) in September 2019, the Beth Din found the rabbi innocent.

According to the ELCK, during those proceedings, the rabbi refused to inform it who wrote the will when questioned.

According to the Beth Din’s judgement, the rabbi then privately informed the dayanim who had written the will. The Beth Din didn’t reveal this information to the ELCK before it made its judgement.

“The respondent [rabbi] denies having written the handwritten portion of the third and final will … The respondent informed the Beth Din privately who had written the will. This person was questioned on this matter, they confirmed that they did so, and provided the Beth Din with a sample of their handwriting,” says the judgement.

In an affidavit deposed on 1 October 2020, ELCK co-president Louis Robinson said that this handwritten evidence was obtained outside of the formal proceedings. The ELCK was never made aware of the evidence nor asked to comment on it. The first the ELCK heard of it was in the Beth Din’s final judgement.

Robinson alleged that the Beth Din’s decision not to take the Wills Act into account may have resulted in the rabbi benefitting although he was disqualified without a court order. However, the rabbi told the SA Jewish Report that “Halachically, it’s perfectly fine for anyone to write a will for anyone.”

The SA Jewish Report sent questions to Beth Din Dayanim Rabbi Gidon Fox and Rabbi Yoel Smith about this issue. Fox said, “It would be inappropriate and probably legally impermissible for the Beth Din to disclose information which is of a private and confidential nature and which was raised in arbitration before it. Furthermore, we are aware that these very issues have been brought before the high court and the Beth Din wouldn’t want to compromise these proceedings by disclosing any private information which was brought to it before at the arbitration. The Beth Din hasn’t received the permission of the parties to make any disclosures, and the Beth Din is accordingly obliged to regard this information as confidential and private.”

But the advocate representing the ELCK, Stanley Pincus SC, said, “The Beth Din was asked to investigate all aspects of the will, including who wrote it, and failure to disclose the information given to it could have resulted in the rabbi benefitting from the will when he was automatically disqualified without having first obtained a court order to do so.”

On 2 November 2020, the Beth Din’s attorney, Steven Weinberg at Moss Cohen & Partners, stated that the Beth Din’s instructions were that “the ruling which it issued in relation to the last will and testament of Mr Israel Bayer and which is the subject of the review proceedings has been recalled and set aside”.

The letter said this was pending the finalisation of a new hearing in respect of new evidence that has arisen from both sides, and that high court applications in respect of the ruling “are misplaced and premature inasmuch as the ruling has been recalled”.

It went on to say that the Beth Din would be pleased if a settlement could be reached, and it would be happy to assist with further mediation. If mediation and settlement couldn’t be achieved, the Beth Din suggested “that all of the disputes in this matter be referred to an arbitration panel to be agreed upon between the parties for a final determination”. The Beth Din offered to provide this arbitration panel, and to allow each side to “agree on the arbitrators and the rules”.

“The ELCK was given the opportunity to appeal after the ruling, but it refused to come,” Galperin told the SA Jewish Report. However, Pincus said that the ELCK “tendered to go back to the Beth Din if certain conditions were met [new dayanim and legal representation amongst other points], but the rabbi refused to do so because the issue relating to the disputed will had been determined by the Beth Din as per their judgement”. Pincus went on to say, “Only a court can order that the rabbi be qualified to benefit from the will, in light of the rabbi’s admission that his wife wrote out the will. This issue and other issues relating to the disputed will cannot and should not be determined in arbitration proceedings.”

The ELCK continues to fight the case in the Grahamstown High Court, “the main issues being whether the rabbi forged the deceased signature on the disputed will, whether the witnesses signed the disputed will in the presence of the deceased, and whether the court will order that the rabbi be allowed to benefit, notwithstanding that he is automatically disqualified in terms of the Wills Act,” said Pincus.

With the relationship between the ELCK and the rabbi irreparably broken down, and the rabbi refusing to vacate the rabbinical home as per the terms of his dismissal, the community is no longer functioning.

The rabbi was dismissed from his position by the East London Hebrew Congregation after a disciplinary hearing in February this year.

“It has not had services for over a year. This has destroyed the community,” says Rabbi Moshe Silberhaft, the spiritual leader of the Small Jewish Communities Association, who has tried to help out where he can.

“People can’t say kaddish, and they didn’t have yom tov services. Before this dispute, this was a small but fully functioning community, which is why it had a rabbi. They would have Shabbat and shiurim – they were carrying on. But now there is no activity whatsoever.” He hopes to help the community rebuild itself slowly as it moves forward.

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SA government and politicians show bias as Israel conflict escalates

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As Israel faced a steady bombardment of deadly rockets fired by terrorist groups in Gaza this week, the South African government, politicians, and activists condemned the Jewish state, ignoring the myriad complexities of the violence.

And as Hamas escalated its barrage of rockets targeting innocent civilians, to which Israel retaliated, there has been no condemnation of Hamas from either the South African government or any of its politicians.

Israel’s right to defend itself and diffuse tensions in a bid to save the lives of all its citizens including Jews, Muslims, and Christians, hasn’t been acknowledged by the government in its condemnation of the Jewish state.

Siding wholly with the Palestinians, the government earlier this week expressed its “deep concern at the continued clashes at Al-Aqsa Mosque wherein Israeli soldiers attacked Palestinian worshippers while praying at the holy site”.

The Economic Freedom Fighters said it noted “the genocide” committed by Israel against the Palestinian people during Ramadan, saying “We condemn with contempt the violence perpetrated by the apartheid Israeli state on unarmed Palestinian people.” It called on the government to close down the South African embassy in Israel and recall all its representatives there.

No mention has been made about Palestinians at the Al-Aqsa Mosque stockpiling rocks, fireworks, and stone slabs around the site in preparation for violence and attacking Israeli police.

Focusing all its attention on the land dispute and potential eviction of Palestinians from Sheikh Jarrah, the government ignored a multitude of issues that have contributed to the rising wave of violence since April.

The department of international relations and cooperation (DIRCO) issued a statement saying, “The South African government strongly condemns the attacks and planned evictions of Palestinians from annexed East Jerusalem to make way for Israeli settlements.

“It’s perplexing that during these unprecedented times, as the international community addresses the global challenge of the COVID-19 pandemic, Israel is exploiting the situation to advance its de facto annexation of Palestinian land. These acts aren’t only illegal but also risk undermining the viability of a negotiated two-state solution and will have negative consequences on the entire peace process.”

In response to this, the South African Jewish Board of Deputies (SAJBD) and the South African Zionist Federation (SAZF) called on the government, all political parties, and the media to show “even-handedness” and acknowledge the complexity of the situation.

In a joint statement, SAJBD National Chairperson Wendy Kahn and SAZF Chairperson Rowan Polovin, said, “In their determination to condemn Israel come what may, the government has reversed cause and effect. The reality – and not for the first time – is that the initial clashes were deliberately orchestrated by the Palestinian leadership and have now culminated in a lethal barrage of missile fire on Jerusalem and other heavily populated cities.

“Rockets are indiscriminate. They imperil the lives of all who live in the Holy City, whether Jew, Christian, or Muslim. In spite of this, the South African government has chosen to single out Israel for exclusive condemnation, disregarding completely the more than 1 200 deadly rockets fired thus far against Israeli civilians.

“The double standards don’t stop there. Whereas countries throughout the world sent condolences to Israel following the tragic loss of 45 lives in Meron, South Africa has yet to follow suit even two weeks later. However, within 24 hours, it was able to issue a statement condemning Israel.

“If the government, and indeed all political parties, wish to be part of ending this latest tragic outburst of violence, they must show genuine even-handedness. Those who unquestioningly endorse the claims and actions of one side while completely ignoring those of the other do nothing to resolve the conflict. In fact, they only make a bad situation worse.”

They went on to say that demonising Israel, as was the case with certain statements, was “irresponsible, inflammatory, and dangerous”.

The Israeli ambassador to South Africa, Lior Keinan, told the SA Jewish Report that no country in the world would tolerate this level of terror.

He has called on the international community and South Africa to condemn the rocket fire and Palestinian terrorism targeting Israeli citizens in the “strongest manner”, as well as to support Israel’s right to self-defence.

Keinan said that these events were part of a “wave of terror” that was being led by Hamas, the Palestinian Authority and the Palestinian Islamic Jihad, and were the result of “reckless and irresponsible incitement to violence”.

Concerning earlier violence, he said, “Israel sought to achieve calm in Jerusalem. We took every measure to prevent conflict or violence and to allow freedom of worship. These measures include postponing the Supreme Court hearing regarding Sheikh Jarrah, blocking Jews from visiting the Temple Mount, changing the route of the flag march, and then cancelling the event. Moreover, Israel acted in a measured manner in response to the rockets and incendiary balloons that had been launched from the Gaza Strip to prevent any escalation during this sensitive period.”

He said responsibility for the situation rested completely with Palestinian terrorist organisations and “on the unrestrained incitement by the Palestinian Authority”.

“No country will allow rockets to be fired on its children, women, and men. Israel will take any action necessary to protect its citizens. It’s the right and the duty of every state.”

Meanwhile, small protests were held by pro-Palestinian groups at the Israel Trade Offices in Sandton, Johannesburg, and Cape Town, all of which blamed Israel for being solely responsible for the violence.

Interestingly, in an open letter to DIRCO Minister Naledi Pandor, the South African BDS (Boycott, Divestment, Sanctions) Coalition said it was “extremely disappointed” by DIRCO’s statement about the conflict, calling for more action by the government.

The Democratic Alliance said Israel must “employ maximum restraint in the use of force” adding “violence from both sides must cease in the interest of peace, saving lives, and protecting the human rights of both the Israeli and Palestinian people”.

Dr Corne Mulder of the Freedom Front Plus said, “The ANC government has never tried to hide its hostility towards Israel, and has now once again chosen the terrorist side in the Israel-Palestine conflict. It’s time for the ANC to honour Israel’s sovereignty.

“It’s lamentable that the South African government is always so quick to side with Israel’s opponents and condemn the country,” he said.

In Cape Town, a protest organised by Africa4Palestine (formerly BDS SA), brought a number of anti-Israel groups together. But only about 200 members of the public gathered to condemn Israel, many of them children.

Speaking in front of parliament, the late Nelson Mandela’s grandson, Mandla Mandela called for the closure of the South African embassy in Israel. “We are clearly asking South Africa not to downgrade its embassy in Israel, but to close it down!” he shouted to cheers from the crowd. “We also want to deny [Israeli international carrier] El Al from coming into South Africa!” he said to more cheers of support.

He called for South Africans to “boycott products from apartheid Israel. The only thing we expect from our government is to place sanctions on apartheid Israel!” He then called on the crowd to join him on 18 July in Pretoria (the date marked to celebrate Nelson Mandela’s legacy) outside the Israeli embassy in Pretoria. “We want to see it shut down and for the ambassador to leave. We won’t compromise,” Mandela said.

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Rise in anti-Israel sentiment leads to calls for vigilance

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The Community Security Organisation (CSO) has witnessed a marked increase in anti-Israel rhetoric as well as expressions of hate directed at Jews online following violence in Israel, and has appealed to the community to be extra vigilant and report all incidents.

Jevon Greenblatt, the director of CSO Johannesburg, told the SA Jewish Report on 12 May that tension in Israel had escalated dramatically over the past few days, with levels of open conflict growing exponentially over the past 48 hours.

“It’s not uncommon for anti-Israel anger around a situation like this to spill over into diaspora Jewish communities,” he said.

“Since Monday, we have seen a significant increase in concerning online rhetoric and numerous protest action called for over the coming days across South Africa.

“We are seeing a huge campaign by the anti-Israel lobby to dehumanise Israel with massive distortions about what’s really happening on the ground.”

Political leaders, social-media influencers, and celebrities are lending their voices to the pro-Palestinian lobby.

“This creates the perfect environment for a potential lone-wolf actor to carry out an attack. Whenever something like this takes place, our concern is that the anger created can be misdirected against the local community.”

He said that while CSO staff and volunteers were working hard to ensure the continued safety and security of the community, it was a “collective effort”.

“Vigilance is crucial. We should always make sure our facilities are as secure as possible, and we should always be doing the best we can to strengthen our security.

“It’s at times like this that we are reminded always to implement the best safety protocols because the threat is always out there.

“It requires the active participation of all community members. We ask you to maintain heightened awareness and report any emergency, potential threats, suspicious activity, or antisemitism related to the Jewish community or Jewish facilities to the CSO on 086 18 000 18 (or 086 18 911 18 in Cape Town).”

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Guarding Jerusalem from the “end of the end” of Israel

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The Golan is the true gatekeeper of Jerusalem, particularly in mitigating against the Iranian threat across the border, Israeli Defense Forces (IDF) Major (Res) Yaakov Selevan said during a talk to commemorate Yom Yerushalayim this week.

“People who live in the Golan claim that it’s the most naturally beautiful region in Israel. But they aren’t living here for the views; they are here because there is something for which they’re willing to die – the redemption of the heart of the Jewish people.”

Selevan, a Jerusalem born-and-bred military official who now works as a tour guide and public speaker, was hosted for the webinar by Mizrachi SA and the South African Zionist Federation, in collaboration with other partners.

Although Selevan grew up with “the Western Wall as my backyard”, he now lives with his wife and three daughters in the Golan. Over the years, he has come to realise how deeply intertwined the fates of these two Israeli regions are.

Logistically, the Golan has always been a key strategic point, both in its proximity to neighbouring countries and major water sources, including the Sea of Galilee. Politically, its significance is even greater.

Even in the Roman era, when Roman soldiers were unable to penetrate the Jewish resistance in Jerusalem, they elected to try and attack from the periphery and move down. At the time, the Golan was rich in Jewish life with more than 30 synagogues. In the year 67, in spite of the efforts of Jewish revolutionaries, after a number of attempts, the Romans did overtake the ancient city of Gamla in the Golan. “They killed more than 4 000 Jews. Jewish independence fell, and then the Romans started moving down towards the heart of the land – Jerusalem. Three years later, we know, the second temple was destroyed.”

Fast forward thousands of years, when the Golan was redeemed from Syrian control by the IDF in the 1967 war, a number of fascinating ancient Jewish artefacts were found. The most striking of which was an ancient coin from the era of the Jewish revolt against Roman control. Engraved in Hebrew, its inscription reads “for the redemption of Jerusalem, the holy”.

In the modern political landscape, the Golan remains a contested hotspot particularly in relation to Iran and its ongoing incursions into the borderlands of Lebanon and Syria.

Selevan said that for many years, Iran had also used Israel and Jews symbolically as a strategy to forge allegiances across Muslim and Arab states that otherwise would be divided across Sunni and Shiite ethnic lines. These distinctions are derived from a dispute over the line of succession after Muhammed.

After the Islamic Revolution in 1979, “Iran wanted to ‘export the revolution’, and it realised it had a problem. While they were Shiites, most of the people around them were Sunni.” So, said Selevan, they chose a “common interest – the holy city of Jerusalem. Who controls the old city of Jerusalem? The filthy Zionists.” Moreover, as enemies across the Arab world sought ways to attack Israel, they turned to Hezbollah, which is supported by Iran.

Iran remains a threat to Israel on a number of levels, Selevan said. The first is its nuclear programme; the second its Precision Guided Munitions project, which designs missiles that use GPS to hit specific targets. Third, is its political take over and proxy power in various countries like Lebanon and Yemen. The next key territory which Iran is looking to control in the region is Syria, itself riddled by a civil war that has been appropriated by a myriad of interests.

In Lebanon, Iran controls networks of tunnels and occupied villages where local people are being used as human shields and whose homes are utilised for the storage of missiles and rockets. It hopes to use the chaos in Syria to take over using a similar model.

However, along with military action, Israel has made huge inroads diplomatically to prevent this, Selevan said.

“Iran used us and Jerusalem as a common interest, a common enemy, and a step in the door to the Sunni world. However, in the past few years, with what’s happening just here in Syria, people in the region are seeing what the Iranians are doing and how they’re taking over this region. They realise that they are next in line: Saudi Arabia, even Qatar, Bahrain, the United Arab Emirates, Sudan, all these countries said, ‘Oh my G-d, all these years, we thought the Jews were the problem. Now we understand the greatest threat is the Shiites. Who can help us against the Shiites? The Jews!’”

Israel has thus turned Iran into the common interest which is “our step in the door of the Muslim world”. The most recent result is the Abraham Accords peace agreements, said Selevan.

Israel has another way in which it continues to forge towards peace – humanitarian aid.

Since the Syrian civil war began in 2011, Israel has helped, offering medical services and distributing food, clothing, and other products for basic needs, proving, “you can stop Iran with baby diapers”.

At its core, the motivation for the action is humanitarian, said Selevan. “We did it because we’re Jewish; we cannot stand by when we see people suffering.”

Nevertheless, it also had an impact on political engagement. Terror groups, such as those under Iranian control, are reliant on local populations for support, access to land, and soldiers. As Israel continues to reach out to her neighbours, “there’s a whole generation growing up in Syria knowing that we’re not the devil”.

Although this doesn’t mean there aren’t still many who are against Israel and are manipulating the aid system, nevertheless there are shifts. For Selevan, this is encompassed by a drawing made by a seven-year-old Syrian Muslim girl. Her portrait of the Israel flag, captioned in Arabic, thanks the Israeli who saved her life.

In spite of the huge upswing of attacks on Israel in recent days, Selevan said he was hopeful. His life in the Golan is a contract between him, his country, and his community.

“I’m here at the end of the end of the end of the country because someone needs to be here, because my community is the greatest answer to the Iranian threat. That’s my purpose. That’s my essence.” Holding out a replica of the Jewish-revolt-era coin, Selevan asserted, “Each and every one of us needs to ask ourselves: what’s my job in the redemption of Jerusalem?”

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