Gush Etzion Rabbis Condemn Olive Harvest by Settler Youths, Citing Theft

Seven rabbis from Gush Etzion and surrounding areas have issued a religious ruling declaring it forbidden for Jews to pick olives from Arab-owned orchards near settlement borders, even when security concerns prevent the Arab owners from accessing their land. The ruling, titled "Picking Fruits from Arab Orchards Near Settlement Borders," addresses the argument that preventing owners from reaching their crops constitutes abandonment, making the olives permissible for others to take. However, the rabbis firmly stated, "There is no permission to act this way."

Their decision is based on five religious arguments. Firstly, they noted that the behavior of the orchard owners indicates they have not abandoned the olives. Secondly, they pointed out that other Jews are willing to pick the olives on behalf of the owners, further demonstrating a lack of abandonment. The rabbis clarified that even if the owners had despaired of the harvest, this would not permit others to pick them, as despair over fruits still attached to the ground and in the owner's possession does not render them ownerless. The ruling explicitly states, "Therefore, there is a prohibition of theft here, and it has been explicitly ruled, 'Even an idol-worshipping gentile is forbidden to steal from or extort.'"

Beyond the religious prohibition, the rabbis warned of further consequences, including desecration of God's name among both Jews and non-Jews when observant Jews engage in such actions. The ruling references a previous opinion by Rabbi Yaakov Ariel, who addressed a similar situation during the First Intifada when Arabs were barred from approaching settlements. Rabbi Ariel determined that the orchard owners should not be considered to have abandoned their olives and suggested allowing the harvest through methods that do not pose a security risk, such as using Jewish workers or volunteers to pick the olives and transfer them to the Arab owners after covering expenses.

The ruling was signed by Rabbis Ze'ev Witman of Alon Shvut, Uri Lifshitz of Rosh Tzurim, Avi Blidstein of Tekoa, Moshe Shaphtar of Kfar Etzion, Yisrael Goldstein of Mitsad, Chaim Eiram of Elazar, and Rafi Ostroff, Chairman of the Religious Council. They emphasized that the prohibition on Arab owners accessing their land does not grant others the right to harvest the fruit, distinguishing between security-related access restrictions and the landowners' rights to their produce.