Israel's Judges Ombudsman Dismisses Complaints Against Chief Rabbi Over Mikveh Remarks
Israel's judicial complaints commissioner has dismissed petitions against Chief Rabbi David Yossef over calls to publicly shame women at ritual baths, citing jurisdictional limits.
The Complaints Commissioner for Judges, retired judge Asher Kola, has dismissed two complaints filed against Chief Rabbi and President of the Great Rabbinical Court, Rabbi David Yossef, following his remarks at a convention for ritual bath (mikveh) attendants. In his speech, the rabbi allegedly called for attendants to publicly shame and shout at women wishing to immerse without an attendant present.
However, the commissioner clarified that dismissing the complaints does not mean the remarks are deemed appropriate. "This should not be taken to minimize the severity of the expressions used," Kola wrote. The reason for the dismissal relates to the jurisdictional limits of the ombudsman's office, as outlined in the ruling. Kola determined that the statements were made within the core framework of Rabbi Yossef's duties as Chief Rabbi, since issuing halachic guidelines regarding ritual baths falls under the mandate of the Chief Rabbinate.
Disciplinary Vacuum and Ethical Oversight
The Code of Ethics for Religious Judges (Dayanim) exempts activities stemming from a dayan's role as Chief Rabbi, leading Kola to rule that the exemption applies in this case. The complaints were filed by the Reform Center for Religion and State and the Itim organization. According to the complainants, the remarks go beyond expressing a halachic stance and constitute a directive to public servants to pressure women through shouting, shaming, and public humiliation.
They argued that this behavior violates binding agreements and the obligation of service providers to treat women immersing in the mikveh with dignity and sensitivity. The background of the issue includes a 2016 High Court of Justice ruling, which validated an agreement stating that women cannot be prevented from immersing without an attendant or friend present. Ministry of Religious Services guidelines similarly state that if a woman requests this, she must not be barred from immersion.
«This should not be taken to minimize the severity of the expressions used.»
Limits of Authority and Call for Regulation
Kola rejected the complainants' argument that calling to shout at, shame, and pressure women removes the statements from the scope of exempted rabbinic activity. He explained that a distinction must be made between whether the remarks stem from the Chief Rabbi's official function and whether their content is appropriate. "The exemption is not conditioned on a prior determination that the statement is appropriate," he noted.
At the same time, Kola pointed to a broader systemic issue. He noted that alongside the exemption of the Chief Rabbi's rabbinic activities from the judges' ethics rules, there is currently no dedicated disciplinary arrangement or ethical code governing his conduct as Chief Rabbi. Disciplinary mechanisms applicable to municipal rabbis do not apply to him either, leaving a significant regulatory gap.
Kola concluded by calling for clear legislative and administrative regulation of the ethical and disciplinary duties of Chief Rabbis, urging authorized bodies to address the matter while reiterating that his dismissal of the complaints does not condone the language used.
