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Let the public decide
There is no need to wait for Attorney General Elyakim Rubinstein's decision to
know that the rhetorical thuggery used by Rabbi Ovadia Yosef against
Education Minister Yossi Sarid is a clear-cut violation of the law. Rabbi
Yosef's call to impose Haman's fate on Sarid could be interpeted by some as
green light to harm the minister physically.
Public leaders should take into consideration the potential for violence in
their words, and from that point of view, a rabbi's rhetoric can be much
more dangerous than any other person's. The fact that the rabbi leads a
large congregation of believers who are not known for their skepticism and
critical outlook, only adds to the burden of responsibility on his
shoulders.
For his entire career, Rabbi Yosef has preached against bloodshed, and the
political movement he established does not preach violence. In that sense,
the case of Rabbi Yosef is different from those in which right-wing rabbis
spoke out against certain groups or people and were sometimes the motivating
force and supporters for gangs of thugs like Kach activists.
From a great leader, one can expect a dignified expression of remorse at times
like these. But Rabbi Yosef chose to fan the flames of distrust between the
camps. While he reiterated this week that he did not mean to call for
physical violence against Sarid, this did not prevent him from also
reiterating his brutal remarks about Sarid. It is regrettable that the rabbi
is fanning the flames of hatred, and one can only hope that the public will
react to his speeches with the appropriate revulsion.
If the attorney general decides to press charges against Rabbi Yosef, he
should bear in mind the likely results of such a prosecution. A criminal
investigation does not usually take place if there is no intention of
putting the suspect on trial. One is to hope that an investigation will not
be used in and of itself as a means of punishment. Since there is no
difficulty proving that the rabbi did indeed utter inciting statements, the
state will be required to conduct a trial against the leader of a large
political movement for the words he used in a speech to his supporters. This
is an unacceptable scenario, with ramifications that could seriously damage
the social fabric.
The way to deal with the rhetoric of a public leader is in the political arena
and not in the courts. Repudiation, too, should be heard from public stages
and not from the witness box. If Rabbi Yosef were to be convicted, it is
difficult to imagine what punishment could be imposed upon him - and what
good it would do: deterence? revenge? rehabilitation? Just as nobody
considered prosecuting Menachem Begin for his incitement against the left
during his speeches at public rallies, it is not appropriate to use a legal
instrument to put the Shas leader in his place.
The Israeli legal system gives the attorney general a great deal of latitude
and he is not required to prosecute everyone who breaks the law. When it
comes to the political arena, he should be very careful and avoid any
intervention in freedom of expression, even in unpleasant cases. Prosecuting
Rabbi Yosef will not dull the sting of his incitement nor repair the damage,
but there is great concern that the process itself would only inspire more
hatred.
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