Jerusalem Magistrate Judge Chavi Toker ruled on Sunday against the police’s ability to expel Jews from the Temple Mount, a measure often used as a last resort to enforce their regulations, Makor Rishon reported.
The decision came in response to an appeal by Temple Mount activist Ephraim Mostowitz, who was expelled for seven days from the holy site after being caught wearing tefillin there during Hanukkah. His lawyer, Aviad Wisoli, immediately challenged the expulsion, leading to a scheduled hearing the following day. However, at the police’s request, the hearing was postponed. Five days later, the district commander extended Mostowitz’s ban from the Temple Mount to four months.
In her ruling, the judge issued a pointed critique of the Temple Mount Police, asserting in measured legal terms that their procedure for removing Jews engaged in religious rituals from their holiest site lacks legal authority and is conducted in violation of the law.
Judge Toker stated, “The procedure cannot establish authority; it can only regulate authority granted by the law. The police ordinance does not provide for the temporary remedy of removal for several days, but rather for immediate removal only for the duration of the specific incident.”
The judge continued: “The initial authority to remove until a hearing is held arises only where there is suspicion of a criminal offense. Since there is no allegation of such suspicion in this case, and it is not claimed that merely ascending to the Temple Mount with tefillin and holy items constitutes a criminal offense, no authority to order removal exists.”
כן ירבו, להר הבית אין ולא כלום לפולחן הפשע של האסלם. השקר הזה הוא עלוב. החוצה חלאות. ריבונות יהודית ובניית הבית ה-3. ???????????? pic.twitter.com/GsaoFEsW0T
— TEITELBAUM Ephraïm (@evthrabiaopacz1) February 2, 2025
Chava (Chavi) Shifra Toker, 49, has served as a judge at the Jerusalem Magistrate’s Court since 2017. She holds the distinction of being the first Haredi woman in Israel to be appointed to a judicial position.
She was born in London to Deborah, daughter of Rabbi Shraga Plonczek, Rosh Yeshiva of Etz Chaim in Willerijk near Antwerp, and Rabbi Yosef Raphael Wolf, an associate of Lithuanian leader Rabbi Elazar Schach. Her family made Aliyah when she was a child, and she grew up and studied in Bnei Brak.
In December 2024, Judge Toker ordered the conditional release of a suspect charged with incitement after he was found carrying a sign praying for God to kill Attorney General Gali Baharav-Miara. She ruled that the suspect would be released under the condition that he would appear for questioning if requested and prohibited him from holding signs in public for two months. In her ruling, Judge Toker also raised concerns about the possibility of selective enforcement against the suspect.
Judge Toker effectively overturned Mostowitz’s interim removal from the Temple Mount and recommended that Attorney Wisoli petition the High Court of Justice to challenge the district commander’s extended removal order.
It is highly likely that the Israel Police, who rely on seven-day interim removals as their primary method of restricting Jewish worship on the Temple Mount, will appeal this decision to the District Court.
If Judge Toker’s ruling stands following the higher court’s proceedings, it could render the police’s use of such removals invalid, according to Attorney Wisoli, who views the judge’s decision as a significant victory for those seeking to pray at the Temple Mount.
The group Beyadenu reported this week that 4,573 Jews had ascended to the Temple Mount in the month of Tevet which ended last Friday. This constitutes a 37.78% increase compared to the same month last year. Since Rosh Hashanah, 23,047 Jews have ascended to the Temple Mount.
Jews are allowed to ascend to the Temple Mount between 7:00 and 11:00 AM, and 12:30 and 2:00 PM, without leather shoes and after immersing in the mikvah.
