Judge Rules Against Police: Banning Jews from Har Habayis is Illegal

The Jerusalem Magistrate’s Court has ruled that the Israeli police have no legal authority to remove Jews from the Temple Mount for engaging in religious worship. This decision invalidates the long-standing police policy of issuing removal orders against Jewish worshippers.

In a historic ruling, Judge Chavi Toker strongly criticized the conduct of the Temple Mount police, declaring that their policy of expelling Jews from the site for religious practices lacks any legal basis. This decision could strip law enforcement of one of its primary tools for preventing Jewish worship on the Temple Mount.

The ruling was issued in response to an appeal filed by Temple Mount activist Ephraim Mostowitz, who was banned from the site for seven days after being caught putting on tefillin. His attorney, Aviad Visoli, challenged the expulsion, arguing that it was unlawful. In response, the district police commander escalated the matter by extending Mostowitz’s ban for an additional four months—an apparent attempt to render the appeal meaningless.

Judge Toker rejected the police’s arguments, ruling that internal police procedures cannot grant authority beyond what is explicitly permitted by law. She clarified that the Police Ordinance does not authorize temporary removal orders lasting several days—only immediate removal in cases of suspected criminal activity. Since Mostowitz’s act of wearing tefillin did not constitute a criminal offense, the police had no authority to expel him. The judge overturned the temporary removal order and instructed Mostowitz’s attorney to petition the High Court of Justice regarding the extended ban.

This ruling could fundamentally alter police policy regarding Jewish prayer on the Temple Mount. Until now, law enforcement has routinely issued seven-day removal orders to prevent Jewish worship at the site. According to Attorney Visoli, the court’s decision establishes that “no more expulsions can occur following a brief detention” and that “without the policy, all removals are illegal.”

The police are expected to appeal the decision to the District Court. If higher courts uphold the ruling, law enforcement will be barred from using such removal orders against Jewish worshippers. Attorney Visoli hailed the ruling as a “major victory for those ascending the Temple Mount.”