In April 2005, the Israeli West Bank religious settlement of Elkana, with its 750 families, made international news as the White House took issue with the decision of the Israel Lands Authority to invite tenders for the construction of 50 new homes in the settlement. Those construction plans now appear to have led to a religious dispute that has made its way to Israel's High Court of Justice.
The story, somewhat sketchy on technical details, appeared yesterday in YNet News. Here is what appears to have happened. As part of the new construction in Elkana, authorities also decided to build a new Mikvah -- religious ritual bath. In all Israeli cities, it is the local Religious Council that oversees Mikvah construction and dispenses government financing for such projects. After Elkana's community rabbi approved construction plans, one group in Elkana-- the Chabad movement-- objected, saying that its custom was to build a Mikvah with two immersion pools instead of one. Elkana's Rabbi Yehuda Stern stood fast, saying: "I have ruled according to our custom on the mikveh issue. We are not a Chabad community and my ruling followed the rulings of outstanding rabbis throughout the generations."
Chabad then went to court, and Judge Edna Arbel temporarily halted the Mikvah construction. She suggested that the parties take the matter to respected Rabbi Mordechai Eliyahu for determination and accept his ruling. However, the parties failed to reach an agreement and the case has been appealed to the High Court. Chabad claims that the dispute is part of an attempt to force their members to leave Elkana, and that the case is about whether or not Chabad is a legitimate part of Orthodox Judaism. Attorney Motti Mintzer, representative of local religious council, responded with somewhat contradictory statements. He said that no one claims that Chabad is not part of Orthodox Judaism. But he also said: "The local hassidim from Chabad are from a messianic cult and want to force the community to build the mikveh according to their specifications."
