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Fredrika Shavit v. Rishon Lezion Jewish Burial Society

Fredrika Shavit v. Rishon Lezion Jewish Burial Society

Fredrika Shavit v. Rishon Lezion Jewish Burial Society

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In the district court, Judge J. Zeft rejected Dr. <strong>Shavit</strong>’s request,<br />

and that rejection is the subject of this appeal.<br />

Legal Background – Gideon [1] and Kestenbaum [6]<br />

3. It seems I was naïve in believing that the courts must follow in<br />

the footsteps of previous rulings. First there was Gideon [1], in which the<br />

Court – in a majority opinion – ruled that everyone has the right to carve<br />

standard Gregorian dates of birth and death on a gravestone (in that case,<br />

on a father’s grave). The judgment of Justice Etzioni – which Justice<br />

Berenson joined – gives us a clear and explicit ruling, in precise and<br />

unambiguous language, and those who study it will understand it<br />

perfectly. Judge Etzioni wrote, for example:<br />

No one in the world disputes the right of people to honor the<br />

memories of their loved ones who have departed from this<br />

world in the way that they see fit, in line with their way of<br />

life and traditions, providing they do not harm the legitimate<br />

sensibilities and interests of others. It is also clear that a<br />

cemetery is a place not only for burying the dead but also<br />

for expressing the love and respect the living continue to<br />

feel for the departed.<br />

Gideon [1] at 23.<br />

He continued:<br />

This is simply an arbitrary negation of the right to use the<br />

standard calendar to record the dates of birth and death of a<br />

person whose life revolved around this calendar!<br />

Id.<br />

What more is there to add? The Court has established its ruling<br />

on the matter, that the prohibition on carving Gregorian birth and death<br />

dates is a “restrictive condition” that is discriminatory under section 14 of<br />

the Standard Contracts Law, 1964.

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