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Fredrika Shavit v. Rishon Lezion Jewish Burial Society

Fredrika Shavit v. Rishon Lezion Jewish Burial Society

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of transaction, whether in the realm of private or public law, the<br />

relevant documents always bear the standard date, not to mention<br />

statutes and ordinances. As has been noted, even the official<br />

documents of the rabbinate do not lack a space for the standard<br />

date. Is this not a case of discrimination? It is the arbitrary<br />

negation of a person’s right to use the standard calendar to record<br />

his or her dates of birth and death, though all the events of his or<br />

her life were marked by this calendar!<br />

Gideon [1] at 23.<br />

Of course, in that case, the <strong>Jewish</strong> burial society relied on the<br />

ruling of Rabbi Ovadia Yosef, who wrote that:<br />

It is absolutely forbidden to erect a gravestone with a non-<br />

Hebrew date because there is a Biblical prohibition that says:<br />

“Make no mention of the name of other gods”, and the Gregorian<br />

calendar recalls the number of years since the Christian birth.<br />

Id.at 19.<br />

To this Justice Etzioni responded that “it is difficult … to treat this<br />

opinion as the final word on the matter” for the following reason:<br />

As has been proven, standard dates appear in many cemeteries<br />

which are managed by <strong>Jewish</strong> burial societies. Suffice to mention<br />

the cemetery on Trumpeldor Street in Tel Aviv and the Haifa and<br />

Tzfat cemeteries. Additionally, the leaders of the Torah world<br />

and the nation who are buried in the Diaspora were buried in<br />

cemeteries where it was acceptable practice to erect gravestones<br />

carved with standard birth and death dates. If this is not enough,<br />

the visitor to the Mount Herzl cemetery in Jerusalem, where the<br />

great soldiers and luminaries of Israel are interred, will see with<br />

his or her own eyes that birth and death dates are carved<br />

according to the standard calendar. Among them: the graves of<br />

the family of the visionary of the state, Theodor Herzl, and the<br />

graves of the Zionist leaders Wolfson, Sokolow and others.

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