The wife of Reb Avraham Ben Dayan, the young avreich who was arrested eight months after his wedding, returned from a prison visit deeply shaken and is leveling serious accusations against military authorities. Speaking to Kikar HaShabbat, she said that her husband has faced mistreatment during his detention, including restrictions on religious observance and inadequate access to kosher food.

Reb Ben Dayan, a graduate of Yeshivas Maor HaTalmud who married approximately eight months ago, was arrested on Motzaei Shabbos and remains incarcerated in Military Prison 10. His family accuses the military of severe harassment and says he has been sentenced to ten days in detention beginning last Motzoei Shabbos.

As previously reported, Ben Dayan had spent Shabbos in Ofakim and was stopped by a traffic officer in the community of Tifrach on suspicion of a traffic violation. During the stop, the officer discovered that he had been classified as a draft “deserter” due to his failure to report to the enlistment office. He was transferred to a local police station and subsequently handed over to military police authorities.

In a phone call with family members shortly before sunset on the day of his arrest, Ben Dayan reportedly said that he had requested several times to put on tefillin but that his requests were denied. His family expressed shock at what they described as the denial of a basic religious mitzvah in the State of Israel and voiced serious concerns about kashrus standards and his ability to maintain a religious lifestyle while in custody.

According to the family, contact with Ben Dayan ceased about twenty minutes before sunset, leaving uncertainty as to whether he was ultimately able to put on tefillin in those final moments.

Responding to the military’s clarification regarding the tefillin incident, Ben Dayan’s wife said, “The IDF spokesperson is lying and trying to claim that the detainee did not request to put on tefillin until two in the morning. It is important for us to say that this is false and untrue, and they did not allow him to put on tefillin until the very last moment.”

She also alleged deficiencies in the food provided to him. “Until yesterday, they did not bring him mehadrin kosher food as is customary. Only yesterday, for the first time, did he eat normal and kosher food. Until now, he mainly lived on fruits and vegetables. This abuse is incomprehensible.”

According to her, he has also been restricted from studying Torah. “He does not have the ability to go and learn in the shul. Avraham, who is a precious avreich, wanted to use the time to sit and learn, but the military authorities, in inexplicable cruelty, are not allowing it. They do not allow him to go to the shul except during davening times.”

She further claimed that authorities are seeking to humiliate him. “They want to degrade him. When they transferred him from the Bahadim base to Prison 10 to meet with me, they decided to shackle him in both hands and feet. It is unclear what they wanted from him and why they needed to humiliate him to that extent. Why are they not placing him with other chareidim? He has no chareidi environment at all. It is absurd that the prison rabbi came to ask him questions from Chumash to determine whether he is chareidi or not.”

Regarding his communication rights, she added, “On the advice of his commander — they did not even assign him a proper commander — he signed a prisoner’s rights form, and they were obligated to give him a phone call on Motzaei Shabbos. From Motzaei Shabbos at eight o’clock until the next day, he was not given the right to speak with his wife. The chaos and search efforts happened only because they did not grant him the legal right to call me.”

In response to the tefillin claims, the IDF spokesperson said, “The detainee was arrested on Motzaei Shabbos by the Israel Police and transferred to the Military Police. He remained in custody overnight until late morning. During his detention, he prayed, and upon arriving in the afternoon at the military prison, he requested to put on tefillin and was told he would be given the opportunity upon arrival at his detention unit. However, due to an unexpected delay in his processing and according to a report received afterward, he ultimately did not manage to put on tefillin.”

The statement continued: “It should be clarified that this is an extremely unusual case that does not align with IDF procedures. The IDF regrets the distress caused. Procedures at the prison have been sharpened for immediate implementation, and the matter will be thoroughly investigated by commanders to prevent similar cases in the future. The detainee is currently being held in a facility that contains all the necessary equipment in accordance with his lifestyle.”

Approximately two hours after publication of the initial report, the IDF spokesperson issued an additional statement: “Contrary to what has been claimed, the detainee is receiving the conditions and rights to which he is entitled, including davening times in a shul, mehadrin kosher food, and phone calls. During the intake interview, the detainee was informed that he is entitled to receive mehadrin kosher food if he requests it, but he did not request it. In the military prison, there is no gap between meat and vegetarian meals in Badatz-level kashrus.”

The statement added, “The detainee is in direct contact with the prison rabbi. The IDF detention system continuously makes adjustments in accordance with detention conditions and the number of detainees and ensures the provision of mehadrin kosher food to allow detainees to maintain their religious lifestyle.”

A military source further stated, “The detainee claims that he did not understand from whom he needed to request Badatz-level kosher food, despite being instructed by his commanders how to do so. In addition, he exercised his right to a phone call on Motzaei Shabbos and is being held in a unit designated for detainees with charges similar to those attributed to him. Every detainee has the option to request gender-specific supervision in the military prison, as was explained to him during the intake process. The detainee was shackled during transfers between detention facilities in accordance with standard procedures.”

As previously reported, Ben Dayan has received strong backing from leading gedolim, including Rav Moshe Hillel Hirsch and Rav Dov Landau.

Rav Moshe Hillel Hirsch personally called to be mechazeik and encourage Ben Dayan’s wife after he was handed over to military police months after his wedding. During the call, the rosh yeshiva said, “With Hashem’s help, they will do the maximum that can be done. In a few days he will be released, with Hashem’s help,” assuring her, “No more than ten days.”

Rav Dov Landau also sent a handwritten letter of support. Immediately after writing the letter, Rav Landau requested that it be delivered to the avreich without delay, and his attorney conveyed it to him shortly thereafter.

In the letter, Rav Landau wrote, “To the dear avreich, Rabbi Avraham Ben Dayan, may he live long and well, the distressing news about the shocking injustice done to you — that you were imprisoned ‘for the sin’ of Torah study — has caused me great anguish.”

He continued, “I hereby strengthen you and your family. They did not intend this action against you personally, but against all the sons of Torah, whose learning is a thorn in their eyes. It pains them to see the blessed growth of the Torah world, and you have merited to be a representative of Torah learners in order for them to strike at them through their schemes.”

He concluded, “We hope to Hashem that you will merit to be released swiftly and return to your studies, sanctify Heaven in all your ways and conduct, and sit once again in the tent of Torah as before. Seeking your peace and the peace of your Torah, Dov Landau.”

{Matzav.com}