JUSTICE - No. 66

49 Spring 2021 Hence, they have a right to be circumcised under Article 10 of the Charter. For them, the act of circumcision does not derogate from the right to physical integrity, but rather protects it. According to the very well-known story (see Midrash Tanchuma, Tazriah 5), Turnus Rufus, the wicked Roman General, once challenged Rabbi Akiva, asking him: “if the Almighty God so desires circumcision, why does the newborn not enter the world already circumcised” (rather than being circumcised by their parents)? Indeed, Turnus Rufus could have also asked Rabbi Akiva why Jews are required to slaughter animals rather than having Almighty God create meat ready for consumption without such slaughtering. Rabbi Akiva’s answer was short: the Almighty God gave the religious rites to the Sons of Israel to test and to purify them. Professor Weiler wrote in the IJL Brief that slaughtering is a part of Judaism “which appears the least comprehendible” (Brief, paragraph 25). Nevertheless, for observant Jews, such unexplained ritual laws are “central to […] solving the Transcendence, the theological dilemma of Monotheism,”and for Jews to connect with their Almighty (Brief, paragraph 38). Member states thus should not deprive any EU citizen from being able to perform acts that are central to his/her religious beliefs, and to connect with his/her Almighty, even if they disapprove of such acts. Having said this, our criticism of the CJEU Judgment does not suggest that the rabbinical institutions are exempt from examining modern methods for reducing animal suffering during shechita (as well as for reducing a baby boys’ pain during circumcision), within the boundaries of halacha. However, as long as the rabbinical institutions insist on not agreeing to any change, the majority of observant Jews will continue to follow the guidance of rabbinical institutions and, as a result, should be entitled to protection under Article 10 of the Charter. It is nevertheless hoped that the unique powers granted to the rabbinical institutions by Almighty God and observant Jews, as well as by Article 10 of the Charter, will encourage them to carefully craft the boundaries of halacha while considering all issues at stake. Isaac Shragay, Member of the Board of Governors of the International Association of Jewish Lawyers and Juri st s, Partner at Herzog Fox Neeman.