Religious and Cultural Autonomy Granted Palestine Jewry in Communities Ordinance

(J. T. A. Mail Service)

The principles for the autonomous administration of the religious and cultural affairs of Palestine Jewry are outlined in the Palestine Communities Ordinance published in the Palestine Government’s Official Gazette. The ordinance was promulgated after many years of expectation by the Palestine Jewish communities.

Three of the institutions created by Palestine Jewry following the issuance of the Balfour Declaration, Misrad Ha’rabbanuth Ha’rashith (Rabbinical Council) the Assefath Ha’nivcharim (the elected assembly) and the Vaad Leumi (the national council) were recognized in the ordinance as the chief organs of the community. The Vaad Leumi was named in the ordinance not as the National Council but the General Council.

The Jewish Agency was given the place of arbiter in case of a dispute between the General Council and the Rabbinical Council.

The Rabbinical Council was recognized in the ordinance as a court of Appeal in matters in which the rabbinate has jurisdiction. Palestine Jewry is treated in the ordinance as The Community, the Hebrew text of the ordinance having for it the traditional term, K’nesseth Israel.

The Regulations may be cited as the Jewish Community Regulations, 1927, the Ordinance states.

For the purpose of these Regulations: “The Community” includes all Jews who, in the manner hereinafter prescribed, are registered as members of the Community, “Adult” means any person of either sex who has attained the age of 18 years completed. “Jewish township, village, or quarter” means a township, or quarter in which not less than three-fourths of the population are Jews. “Congregation” means any association of Jews who are attached to a particular synagogue. “Charitable purposes” and “Charitable endowments” includes all purposes and endowments falling under the following categories: for the relief of poverty, for the advancement of education or knowledge; for the advancement of knowledge or the maintenance of religious rites or practices, for any other purpose beneficial or of interest to mankind not falling within the preceding categories.

There shall be a recognised Community of the Jews in Palestine and local Communities constituted in the manner hereinafter provided. The organs of the Community shall include: A Rabbinical Council; local Rabbinical Offices; an Elected Assembly: a General Council (Vaad Leumi); Committees of local Communities.

A Rabbinical Council constituted as hereinafter described shall exercise general supervision over the local Rabbinical offices and the Rabbis of local Communities. The Council shall consist of two Chief Rabbis, one of whom shall be a Sephardi and one an Ashkenazi and six members of whom three shall be Sephardim and three Ashkenazim, provided that its constitution may be varied by a special assembly appointed in accordance with Regulation 9 (2) hereof.

In such local Communities as may be prescribed by the Rabbinical Council there shall be a Rabbi or Rabbinical Office. The number of members of each Rabbinical Office shall be decided by the Committee of the local Community. Each Rabbinical Office shall sit as a Rabbinical Court of Fist Instance in such places as may be prescribed by the Rabbinical Council and shall exercise the jurisdiction conferred upon the Courts of the Jewish Community in Palestine by any Order in Council or Ordinance or other legislation of the Government of Palestine, and shall have exclusive authority to register dedications of property for charitable purposes according to Jewish Law. Every such Court shall have power to appoint, in consultation with the Committee of the leal Community, guardians of the property of miner orphans and of persons absent from the country, being members of the Community.

The Rabbinical Council shall be the Court of Appeal in matters in which the Rabbinical Courts have jurisdiction. It shall issue from time to time Rules of Court with regard to the hearing of appeals.

The Rabbinical Council shall be the recognised religious representative of the Community in relation to the Government of Palestine; and the local Rabbi or Rabbinical Office shall be the recognised religious representative of the local Community in relation to the District Administration.

On the coming into force of these Regulations, the Rabbinical Council and the General Council (Vaad Leumi) then in being shall forthwith frame a Regulation prescribing the system of election or appointment of the Rabbinical Council, the local Rabbinical offices and the Rabbinical Offices and Rabbis of local Communities.

If the Rabbinical Council and the General Council fail to reach an agreement within six months of the date of these Regulations, the questions in dispute between them shall be referred to a Board consisting of a Chairman nominated by the Jewish Agency, a member nominated by the General Council (Vaad Leumi), and a member nominated by the Rabbinical Council. The decision of the majovity of the Board shail be conclusive.

The Regulation thus framed shall provide for the convening of a special Assembly, which shall have power to vary the constitution of the Rabbinical Council. The Regulation shall be submitted for approval to the Elected Assemly and when approved by the Assembly it shall be submitted by the Ceneral Council (Vaad Loumi) to the High Commissioner and come into force of his signifying his approval.

The Rabbinical Council and Rabbinical offces. and Rabbis of local Communities shall be elected or appointed in the manner preseribed by the Regulaton within six months of the date on which the Regulation is finally approved.

The Rabbinical Council and Offices may draw wills according to Jewish Law; exercise control over such Jewish charitable endowments as invite or accept such control and may for this purpose appoint Committees which shall consist partly or wholly of persons who are not Rabbis; subject to the provisions of the following Regulation. appoint officials required for the execution of their duties and discharge such officials; arbitrate in all disputes arising between Jews where a written submission of the parties has been obtained.

The budget of the Rabbinical Council shall be settled jointly by the General Council (Vaad Leumi) and the Rabbinical Council. It shall be the duty of the General Council to provide for the expenses of the Rabbinical Council in accordance with the budget. The fees received by the Rabbinical Council in its judicial capacity shall he paid to the General Council (Vaad Leumi) which shall place them in a separate account together with such contributions towards the expenses of the Rabbinical Council as may be payable by local Communities out of the fees for ritual slaughter levied in accordance with Regulation 26 hereof. The sum placed to the separate account shall be applied towards covering the budget of the Rabbinical Council. If at the close of the financial year there is a balance to the credit of the separate account, half of such balance shall be carried forward and the other half may be utilized by the General Council (Vaad Leumi) for its general purposes. If at the close of the year there is a deficiency in the separate account, the Elected Assembly shall be entitled oo impose a special rate for the purpose of covering the deficiency.

There shall be an Elected Assembly, representative of the Community, of which the members shall be elected for a term of three years. Within six months of the date of the Regulations the General Council (Vaad Leumi) shall frame and shall submit to the High Commissioner for approval a Regulation defining the constitution of and system of election to the Elected Assembly. The Regulation shall come into force as from the date on which the High Commissioner approves it and the Assembly shall be elected within six months of that date.

The Assembly shall elect each year from among its members a General Council (Vaad Leumi) and may pass resolutions for the guidance of the Council; provided that pending a fresh election, a Council shall continue to hold office notwithstanding that its term may have expired. The Elected Assembly, after considering the estimates presented by the General Council (Vaad Leumi) shall grant annually to the Council a budget providing for the expenditure necessary for the discharge of its functions including any expenditure connected with the election or meeting of the Assembly, and such expenditure, if any, as may be required to cover the budget of the Rabbinical Council where there is a deficiency in the separate account prescribed in Regulation 11 hereof.