By Rabbi Yair Hofffman for 5tjt.com Yesterday, at the eleventh hour, Israel’s Supreme Court issued a very intelligent ruling.  It granted an emergency petition filed by a Haredi family on Monday, to prevent the autopsy of a four-year-old boy who is believed to have been killed by a relative over the weekend. The boy was brought to a Jerusalem hospital on Shabbos after reportedly having being choked by his unstable 27-year old uncle. The young boy r”l died several hours later. Police originally announced that they would seek to have an autopsy on the young boy and widespread protests broke out across Eretz Yisroel.  At least five protesters were reportedly arrested. The family had immediately objected to the proposed autopsy, as there was no pikuach nefesh need for it –  but a local court ruled in favor of the police.  The family argued that there was no need to amass further evidence against the uncle. The local court ruling and the police announcement sparked protests by citizens loyal to the Torah across the country. The family then filed an urgent appeal to the Supreme Court to prevent the autopsy.  The Supreme Court overruled the lower court and the burial happened in Jerusalem on Monday afternoon. Israel’s Supreme Court is situated in the Givat Ram section of Yerushalayim. It  consists of 15 judges (including a president) who are appointed by the President of Israel after having been nominated by Israel’s Judicial Selection Committee. The current President of the Supreme Court is Esther Hayut.  Most of its ruling Some question why Jewish law is opposed to autopsies. In this short essay, a brief overview of the “whys” is offered. THE MULTIPLE LAW SYSTEM IN THE US AND THE STATE OF ISRAEL In the United States, residents generally face three varying sets of laws. There are federal laws, state laws, and local laws. In the State of Israel, there are only two sets of laws:  Federal laws and local government laws. Generally speaking, mature, intelligent citizens view their laws with a sense of pride and duty. Observing them is not viewed as some onerous burden. Meticulous observance of the law is a matter and source of tremendous pride. But Jewish citizens of each country have an additional set of laws. They are the laws of the Torah, a tradition of laws that has been observed since Sinai. When facing the tragedy involved in an intimely death of a family member, Jews are often requested that they submit their family member to an autopsy. The problem is that often, this request is diametrically opposed to one of their deepest values – the observance of Judaic tradition. In the rest of this essay we will explore five Jewish legal beliefs and traditions. These traditions are, in fact, immutable laws. We must keep in mind that observant Jews would feel as uncomfortable violating these laws as they would feel supporting an enemy combatant of the United States. It is wrong to undermine the laws of one’s country, and it is wrong to undermine the laws of the Torah. Just as there exists patriotic fervor and feeling in the nation’s laws – there is a patriotic fervor and deep feeling in regard to Jewish law. All citizens feel a duty to G-d, country, and family. G-d always […]

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