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Israeli Law, Jewish Law and the Archaeological Excavation of Tombs

Published online by Cambridge University Press:  04 June 2007

Talia Einhorn
Affiliation:
Dr. iur. (Hamburg). Senior lecturer in law, The Institute for Law and Business Administration affiliated with the University of Manchester. The author would like to express her thanks to the following persons for valuable information and helpful discussions: adv. Y. Barsela, legal advisor to the Israel Antiquities Authority (IAA); Mr. A. Drori, Director of the IAA; Mr. Y. Einhorn, scholar of Jewish art and folklore; Mrs. C. Katz, State Curator, IAA; Professor A. Kirschenbaum, Tel Aviv University Law Faculty; Professor A. Kloner, IAA and Bar Ilan University, Department of Eretz Israel Studies; Rabbi I. Kolitz, Chief Rabbi and Head of Rabbinical Courts, Jerusalem; Professor H. Lücke, Max Planck Institute, Hamburg; Dr. R. Reich, IAA and Haifa University Institute of Archaeology; Rabbi D. Schmidl, Athra Kadisha, Israel; Rabbi Dr. M. Zemer, Director of the Institute for Contemporary Halakha.

Summary

The author discusses the conflict in Israel between the public interest in archaeological research and the religious convictions that human remains, once buried, should not be touched. The conflict is exacerbated by urban development, which, in this ancient land, necessitates rescue excavations of tombs, thus bringing the problem to a head. The article examines, first, the rules of Jewish law, which, the author contends, have made it possible to accommodate the interests of the living, and, secondly, the scientific value of the archaeological excavation of tombs, using recent examples as illustrations. The author concludes that Jewish law could be interpreted and applied more flexibly and could then be reconciled with Israeli law. However, even if such a development were not to take place, then, in keeping with democratic values, government officials and the courts would be required to follow the policies established by the legislator, a balance between the conflicting interests having already been embodied in the law.

Type
Article
Copyright
Copyright © International Cultural Property Society 1997

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