Rabbi Dov Lior Faces Criminal Probe Over Olive Harvest Ruling

Israeli law enforcement is considering a criminal investigation into Rabbi Dov Lior, an elder rabbi of Religious Zionism, following a religious ruling he issued that permits Jews to harvest olives from groves planted by Arabs in Judea and Samaria. The ruling, published this week, asserts that the land belongs to the Jewish people and that Arab cultivators have effectively relinquished their claim to the fruits. Sources within the law enforcement system believe the ruling could be interpreted as an incitement to theft. Initially, authorities considered examining the ruling for incitement to racism, but found no explicit call for violence.

The halachic ruling, titled "On the Question of Many Regarding Olive Harvesting in Groves Scattered Throughout Judea, Samaria, and Benjamin," addresses land and fruit ownership. Rabbi Lior contends that land in these areas belongs to the Jewish people, and Arab possession and cultivation do not grant them halachic ownership. He argues that Arabs have never purchased the land from the Jewish people or private Jews, and thus hold it illegitimately, as land cannot be stolen according to Jewish law.

Rabbi Lior differentiates between land ownership and ownership of fruits from trees planted by Arabs. He posits that if Arabs cannot harvest their olives due to security concerns, it can be assumed they have abandoned the fruits. "If they planted trees and there are fruits, such as olives, despair is effective regarding them, and therefore if they cannot harvest for security reasons, it is presumed they have despaired of them," he wrote. He also stated that any compensation the planters might have received for planting the trees has already been compensated by the fruits they have harvested over the years.

In his conclusion, Rabbi Lior declared, "Therefore, harvesting olives in the Land of Israel is absolutely permissible, and there is even a greater merit in it considering the security dangers of Arabs approaching Jewish communities and settlements." He further ruled that Jews are permitted to harvest olives even in areas far from Jewish settlements to publicly demonstrate Jewish ownership of the land and fulfill the commandment of conquering the land. The ruling also stated that olives harvested in this manner are exempt from tithes.

Law enforcement is now examining whether Rabbi Lior's ruling exceeds the bounds of a halachic decision and constitutes a criminal offense.