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Criminal Appeal (Be’er Sheva) 7182/98 Shmukler et al. v. State of Israel – Ashkelon Municipality Vice President Y. Pepper - part 17

October 27, 1999
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There is no need to be a Zionist or meticulous in the mitzvot in order to recognize the value of Shabbat – said one of the great leaders of the community on that occasion.  And the law is with him.  Anyone who feels in his heart a true connection to the life of the nation in all generations will not be able to portray for himself the reality of the people of Israel without Shabbat Malka.  It can be said without any exaggeration that more than Israel restored their "soul" to them and renewed their spiritual life every week, the hardships of the "days of action" would pull them further and further downwards, until they would finally descend to the lower level of "materiality" and moral and intellectual lowliness.  Therefore, it is certainly not necessary to be a Zionist in order to feel all the splendor of historical holiness, which coincides with this 'good gift,' and to rise up with all our might against all who touch it."

It emerges from the compilation that "in the absence of a vision, the people will be repatriated..." (Proverbs 29:18)[c]) – In other words, a nation that has only material achievements and no ideals is destined to degenerate.

Similar to the opinions expressed by Hebrew publicists and philosophers regarding Shabbat, Tisha B'Av and the eating of pork, the Supreme Court has also referred in its rulings, more than once, to the national value and importance of values such as Shabbat, Tisha B'Av and the prohibition of selling pork.

Regarding the pig, for example, it was written in the case of the High Court of Justice 103/65 Gorenstein et al. v. Minister of the Interior et al . (hereinafter – the Gorenstein case [6]), at p. 622 that:

"The deep aversion of the majority of the country's inhabitants to prevent the pig from gaining a foothold...  which has been used since ancient times as a symbol of impurity and hatred of Israel."

See also the words of Justice Silberg in the High Court of Justice case 163/57 Lubin v. Municipality of Tel Aviv-Jaffa (hereinafter – the Lubin case [7]), at p. 1067,  that "the Israeli legislature in giving the Enabling Law is equivalent, apparently, to the 'special attitude' that a person from Israel has towards the impurity of the pig."

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