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Petition to High Court Seeks to Allow Mass Tefillah at the Kosel Despite Wartime Restrictions

Apr 5, 2026·3 min read

A petition has been filed with Israel’s High Court of Justice demanding that authorities permit large-scale tefillah gatherings at the Kosel, even during the ongoing war, arguing that current restrictions unfairly limit religious worship.

The petition, submitted by the “Emes L’Yaakov B’Yisroel” organization through attorney Natan Rosenblatt, is directed against the State of Israel, the Home Front Command, and Israel Police. It claims that fundamental rights—including freedom of religion, equality, and human dignity—are being severely violated.

The petitioners argue that strict limitations have been imposed specifically on davening at the Kosel, including in protected areas such as covered sections and the Kosel tunnels, while other types of gatherings are still permitted.

According to the filing, this constitutes clear discrimination, as public and private transportation continues to operate, demonstrations are allowed, and other gatherings are approved, while prayer—particularly at a regulated and protected site—is significantly restricted.

The petition states that this situation “causes serious harm to public trust and the rule of law.”

Petitioners further stress that during wartime, when many citizens—including families of soldiers—seek to daven for safety and an end to the conflict, public prayer should be facilitated rather than limited.

A central issue raised in the petition is the traditional Birkas Kohanim held during Yom Tov.

The petition argues that there is no substantial security obstacle to allowing broader prayer gatherings, noting that the Kosel complex includes advanced protected areas, such as indoor halls and tunnels, capable of safely accommodating large numbers of people.

It also proposes practical measures such as crowd regulation, dividing participants into designated areas, and supervision, which could allow for safe gatherings without infringing on basic rights.

The filing relies on recent High Court rulings stating that even during emergencies, a balance must be maintained between security needs and fundamental rights, and that limitations must not be excessive.

According to the petitioners, if the right to protest in open areas is protected even during sensitive times, then certainly freedom of worship—especially in protected locations—must also be safeguarded.

The petition asks the court to order the state to:

• Allow davening at the Kosel around the clock
• Open all protected areas, including the Kosel tunnels
• Enable large-scale Birkas Kohanim gatherings in covered spaces
• Avoid imposing restrictions not based on concrete security needs
• Ensure equal treatment between prayer and other types of gatherings

In addition, an urgent request for an interim order has been filed, seeking to allow such tefillah gatherings to take place in the coming days, even before a final ruling is issued.

The petition concludes by stating that “at this difficult time, when an entire nation seeks to pray for peace, it is unreasonable that access to the central place of prayer should be restricted,” emphasizing that the state’s role is not only to safeguard security, but also to enable citizens to exercise their rights, including freedom of worship, in a fair and balanced manner.

View original on Matzav
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