Fredrika Shavit v. Rishon Lezion Jewish Burial Society

singles them out from their compatriots? Is the sensitivity of the people of
Rishon Lezion to non-Hebrew letters and Gregorian dates more acute
than that of the rest of the population of Israel? There is no difference
between the residents of Rishon Lezion and the residents of Greater Tel
Aviv (for example), at least in the present matter. The only difference is
the ruling of the rabbi of the Jewish burial society. But the ruling of the
rabbi of the Jewish burial society does not obligate the entire public. On
the other hand, the Gideon-Kestenbaum ruling is binding; it obligates
even the rabbi of the Rishon Lezion Jewish burial society.
Additionally, as we have said, the Jewish burial society made
itself the guardian of those buried in Rishon Lezion – of them, their
relatives, and the feelings of these parties. However, the Court has not
heard from the relatives of the deceased, and no complaint from their lips
has reached us. The Jewish burial society’s claims have not left the realm
of conjecture, and conjecture, of course, is limitless. We add, however,
that even if someone did come before us with a complaint, it is doubtful
that we would hear them. However, since no complaint was issued, there
is certainly no need to bother with such never-ending conjecture.
20. This claim of harm to the dignity of the dead and the feelings
of the families is not new to us. It came up in Kestenbaum [6], and the
Court dealt with it comprehensively. Thus, for example, said President
Shamgar:
A gravestone is not a public structure, but rather, first and
foremost, a sign of the personal connection between the living,
who keep the memory of the departed alive in their hearts, and
those who have passed on; it is a memorial that is erected by
those who will come to visit, that is intended, first and foremost,
for them, and those concerned with it must be protected and
distinguished.
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