Religion and the State (of Affairs)

Josh Z on the seven-year sentence that could redefine prayer at the Kotel.

Are you praying at the Kotel without a mechitzah?

Are you a woman wearing a tallit at the Kotel?

Did you follow a non-Orthodox custom in your prayer?

If your answer to any of these questions is “yes”, a proposed Israeli law could land you in jail for up to seven years!

The leader of the far-right religious party Noam and Member of Knesset Avi Maoz is advancing legislation that would outlaw any form of religious prayer at the Kotel that is not Orthodox. He has described such prayer as a “desecration” of a holy site, an offence punishable under Israeli law by up to seven years in prison. The bill has passed its first reading, and three further votes are required for it to become law. It seeks to transfer sole legal authority over the site to the Orthodox Rabbinate of the Western Wall, meaning only Orthodox prayer would be permitted.

Currently, the Wall is administered by the Rabbi of the Western Wall under Orthodox management. Tensions have long existed, particularly with Women of the Wall and other progressive Jewish groups. Separate from the main plaza is Ezrat Israel, an egalitarian prayer space intended for non-Orthodox services. However, it has remained incomplete since 2016 and does not physically connect to the main Wall plaza.

The current bill arose following a petition by progressive groups calling for the completion of Ezrat Israel. The petition did not concern the main plaza, yet opposition from Orthodox parties extended to any recognition of progressive prayer at the site. In 2016, the Western Wall Compromise proposed that the main plaza remain Orthodox while Ezrat Israel would be formally recognised as a pluralistic space with shared management reflecting different streams of Judaism. In 2017, the government led by Netanyahu froze the agreement. A subsequent High Court ruling calling for progress reignited political debate and ultimately led to the introduction of this bill by MK Avi Maoz.

That is all a little complicated. I will spell it out to outline the truly abhorrent nature of this law:

You pray at the Kotel in an egalitarian manner, with men and women together.

This does not conform to Orthodox custom.

The Orthodox Rabbinate refers to the law, which states that this action is illegal.

The law categorises illegal religious activity at the site as “desecration of a holy place”.

The penalty for desecrating a holy place is up to 7 years in prison.

Non-Orthodox prayer at the Kotel could therefore become a criminal offence.

The bill’s first reading was met with significant criticism. Women of the Wall responded that “The Wall belongs to us all.” The Vice Chairman of the World Zionist Organisation described it as a “dark day” in Jewish history. Anna Kislanski, CEO of Israel Progressive Judaism, called the bill “patronising and antisemitic”.

This legislation represents a troubling moment in the ongoing debate about religion and state in Israel. It raises fundamental questions about religious pluralism, democratic values, and the relationship between the Jewish state and the diversity of the Jewish people.

Jews who enjoy religious freedom in democratic countries around the world may soon face restrictions on that freedom at the holiest site in the Jewish state.

The government should reconsider this legislation. At its core, it challenges the principle that the Kotel belongs to the entire Jewish people.