No more music at Ma'arat HaMachpela?
The Jewish Community of Hebron
December 20, 2009
For the first time in years - probably as a result of a direct order from
the new Commander of the Central Region, it will be forbidden to play Jewish
prayer music at the Ma'arat HaMachpela courtyard.
For years, Jewish visitors arriving at the Ma'arat HaMachpela have been
greeted by Jewish music, played from loudspeakers atop the Gutnick Center,
outside Ma'arat HaMachpela. The lyrics of all the songs are taken from the
Jewish liturgy, changing from time to time depending on the time of year:
the Ten Days of Repentance, Elul - Selichot, holiday prayer melodies,
Shabbat songs and so on.
Yesterday, for the first time in years, these prayer melodies were banned:
Ofer Ochana a resident of Kiryat Arba, was summoned by the police,
interrogated, and charged with a criminal offense.
Following the investigation he was warned that if he dared to again play
music over the speakers - would be arrested immediately. From information we
received, this is probably a direct order of the new Commander of the
Central region, who also demanded that the police carefully examine the law
and find a criminal offense that could be attributed to Ochana. After
tedious searches the police discovered several laws relating to noise being
publicly broadcast via a business in a residential neighborhood. Ochana, who
also directs a store and a banquet hall inside the building, was summoned,
interrogated and warned. His speakers were disabled, and the music which
delighted the hearts of the many visitors to Hebron, was silenced.
As a result of these baffling measures, the organization Human Rights in
Yesha contacted regional police commander Itzik Rachamim, in a letter
titled: Selective law enforcement regarding loudspeakers in the vicinity of
Ma'arat HaMachpela.
The letter reads as follows:
"For years Jewish worshipers at Ma'arat HaMachpela have complained about the
unreasonable and illegal noise of loudspeakers sounding the Muslim calls to
prayer into the area assigned exclusively for Jewish worship, and in the
Machpela courtyard. There is no need for this because these areas are not
used for Muslim prayer (excepting 10 days a year.) Two years ago a
professional examination was carried out in to measure the noise level
compared to conventional criteria. The results, delivered to the Hebron DCO
reported that "if the regulations to prevent hazards (unreasonable noise)
from 1990 were applied in this case, the noise levels recorded very highly
exceed permissible levels." Despite these official inquiries, nothing was
done to stop the daily disturbances which greatly impaired daily Jewish
worship at the site. This, despite the fact that the Supreme Court
recognized the right of prayer as one the foremost human rights
In light of this, it is very puzzling why Mr. Ofer Ochana is being invested
for playing Jewish prayer music from the speakers (with far less intensity
than the Muslim prayer calls), from the Gutnick Center, an area allocated
for Jewish worship with the specific goal of creating an atmosphere of
Jewish worship. Much graver is the threat that he would be arrested
immediately if he dared to again play Jewish music in this area while no
similar criminal steps were taken towards the Arab muezzin. If the criterion
which you utilize to examine the decision whether to conduct a criminal
investigation and threaten detention is a suspicion of "breach of peace"
(the language of Section 194 (a) of the Penal Code) - then there is enough
to push the public Jewish worshipers at the Ma'arat HaMachpela to take steps
which will be understood to reveal that their welfare and tranquility have
been violated by the muezzin's call to prayer. Is unadulterated strength the
way in which you think law should be enforced? Your actions yesterday can
only be defined as selective law enforcement, and represents serious denial
of freedom of expression and freedom of worship, and encourages violent
reactions. I ask you to explain why this extreme step was taken and, why you
do not enforce the law equally, allowing freedom of expression and worship
equally to the two religions."
A Copy of this letter was sent to the Minister of Religious Affairs, other
ministers and Knesset members.
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The Jewish Community of Hebron
POB 105 , Kiryat Arba-Hebron 90100 hebron@hebron.org.il
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