Israel's ombudsman for complaints against judges, retired Judge Asher Kula, ruled Thursday that a complaint filed against Chief Rabbi and Sephardic Chief Rabbi David Yosef over his public criticism of Supreme Court justices who issued rulings on Shabbat was justified. At the same time, Kula dismissed a related complaint over the rabbi's remarks opposing a court ruling that ordered the Chief Rabbinate to allow women to sit for rabbinical certification exams.
The decision addressed three separate complaints filed by the Movement for Quality Government in Israel and the Israel Religious Action Center, the legal arm of the Reform movement. The complaints centered on two distinct episodes: Rabbi Yosef's remarks against the justices who handed down rulings on Shabbat, and separate comments he made in response to the ruling opening rabbinical exams to women.
During one of his weekly Torah classes, Rabbi Yosef had sharply criticized the Supreme Court justices, using phrases including calling them "these insolent judges," accusing them of "trampling the holy Torah," and describing the court as "an enemy of Judaism."
Kula ruled that adjudicating matters on Shabbat falls outside the core responsibilities of the chief rabbi's office. As a result, the remarks are not covered by the ethical exception that shields a rabbinic judge's statements and actions when they stem directly from his role as chief rabbi.
According to the ombudsman, Rabbi Yosef's language was directed at the justices personally, departed significantly from legitimate and accepted criticism, and did not reflect the measured public discourse expected of a senior judicial office holder.
Kula added that the public use of harsh, inflammatory language risks damaging public trust in both the civil court system and the rabbinical court system. On that basis, he found the complaint concerning the Shabbat-related remarks fully justified.
By contrast, the ombudsman rejected the complaint over Rabbi Yosef's comments on the ruling permitting women to take rabbinical exams. Kula determined that the matter of certification exams and eligibility for rabbinic positions falls squarely within the chief rabbi's core authority.
Kula clarified that even criticism on matters within the chief rabbi's authority must remain substantive and respectful rather than personal. Still, he found that the ombudsman's own authority is limited when it comes to statements arising directly from Rabbi Yosef's function as chief rabbi.
Attorney Itai Gadasi, head of Rabbi Yosef's office, responded to the complaints by arguing that the rabbi's remarks were made in his capacity as chief rabbi and as a halachic authority, and reflected an obligation to state a position on matters within his jurisdiction. Gadasi further argued that the remarks should be evaluated within the halachic context in which they were made.
In closing, Kula found the Shabbat-related complaint justified and dismissed the complaint over the rabbinical exams. Despite upholding part of the complaint, the ombudsman imposed no sanction on Rabbi Yosef.
