Attorney Abohav: "Shabbat Matters to All of Us, Not Only the Orthodox"

These days, as Shabbat becomes a headline topic following Tel Aviv businesses receiving municipal approval to open on the day of rest, it is surprising to see one of the vocal opponents of this decision is a secular man – Attorney Idan Abohav. If his name isn't familiar to you, note that he founded about three years ago the (secular) nonprofit ‘For Shabbat Without Commerce,’ and over time its activities have expanded.

"My approach to the issue of Shabbat observance in the state is primarily based on the fact that the Orthodox community has long since lost the battle for Shabbat," Attorney Abohav tells us. He speaks openly, showing in-depth understanding of the situation, in part due to his interactions with many Orthodox community leaders, as he sought to lead efforts to minimize Shabbat desecrations as much as possible.

"The observant community is not aware of the massive Shabbat desecration happening in commercial establishments," he adds, "for the simple reason – they don't drive on the highways on Shabbat and don't go to shopping areas, so they don't see the commercial intensity in these places. The observant community thinks that if cars are not driving in their neighborhoods on Shabbat, then it's the same across the country, and unfortunately, the situation is quite different. Stores are 'packed' with people, shopping centers are full, and there isn't a parking spot available. People don't realize the extent of Shabbat desecration."

Shabbat Matters to All of Us

Attorney Abohav speaks eloquently, but we try to interrupt for a moment, with the obvious question: But you're a secular person, so why does it bother you at all?

"It's true that I'm secular, but Shabbat observance matters to me," he surprisingly states, "because, after all, I'm Jewish and it's important for me that the character of Shabbat is preserved in Israel. During my childhood, Shabbat was synonymous with family experience, and in recent years it's become a shopping day. That's what bothers me."

But as an attorney, you'd understand there's a concept called 'individual freedom'. People can choose to shop or stay home if they want...

"That's just it; as an attorney, I know that without public visibility, there's no chance to maintain Shabbat collectively, as a state," he clarifies. "Moreover, public visibility is recognized by Israeli courts as a condition for national Shabbat observance.

"It's true that there may be an intervention in individual freedom here, but it's not the only law where the state limits individual freedom. It's clear to me that if we define ourselves as a Jewish state, we must uphold our national principles. Shabbat is a national principle that has accompanied us as a people for thousands of years. It's part of our D.N.A. I think both an Orthodox person from Mea Shearim and a secular person having a barbeque on Shabbat both want this day as a national principle."

He also shares about his father: "My father owns large recording studios and he chose to establish his business in Bnei Brak's industrial area so he wouldn't be forced to work on Shabbat. I remember as a child when a European singer came by once wanting to record on Shabbat, my dad simply said, 'I can't because there's a law forbidding it.' The European understood perfectly. It was very simple and clear to him."

The Idea: Change the Approach

So what exactly do you propose?

"The only approach that might win, in my view, is the legal approach. An approach that embraces social and national principles, not religious ones. The idea is to turn to the legal realm and rely on Israel's existing foundational laws in the field.

"Take, for example, the Working Hours and Rest Law, which prohibits employing Jews on Shabbat. This is one of the laws under which the nonprofit I founded for Shabbat operates with the Ministry of Labor." Regarding this, Attorney Abohav prefers not to elaborate, as they have managed to initiate investigations on the matter. "There might be significant achievements soon," he notes.

"Additionally," he shares, "we raised before Minister Litzman about two months ago the issue that pharmacies in Israel can sell all sorts on Shabbat, not just related to medication. So, people come there to buy medicine on Shabbat but end up purchasing toys, cleaning supplies, and hairbrushes. Needless to say, pharmacies employ a big staff on Shabbat to serve customers. This is very problematic because nearby there might be a small grocery store that cannot open on Shabbat, and it sees how pharmacies sell so many toys, sweets, and products and would love to do the same. But it can't. So how is it possible to allow them such harm? There's apparently a suspicion of law violation and inequality."

(Illustrative image: shutterstock)

There's also another arena where Attorney Abohav's nonprofit operates. "The Ministry of Labor has a very puzzling legal claim that allows opening businesses on Shabbat," he shares. "The ministry's approach is based on the idea that once stores employing minorities are open, it's allowed. This argument is so unclear, because the issue of public visibility exists even when the workers aren't Jewish. What's more, when the Ministry of Labor overlooks the fact that a Jewish business owner who can't employ non-Jewish workers – cannot open his store on Shabbat, causing him a loss, while the competing store does open.

"The law supposedly tells big chains – you can employ minorities, just make sure the Jewish company owner isn't present, but if a small shop run by a Jewish owner opens nearby, he'll be fined. Clearly, this is unreasonable."

But wait, you're only fighting to close commercial businesses, but not doing anything about cultural venues and entertainment sites remaining open. So, Shabbat will still be desecrated in Israel...

"Well, yes, it's obvious that my aspirations aren't identical to the observant community's goals. It's clear that the community strict about observing Shabbat fully wants everything closed, while the secular community wants places to remain open. But let's agree on this – first, let's work together to close businesses on Shabbat. Then, we can discuss about entertainment and cultural venues."

(Illustrative image: shutterstock)

Honestly, do you believe your activities will succeed in changing things on the ground?

"I'll tell you the truth – I was optimistic and believed so because I thought like in 1984, when there was a ruling for Petah Tikva municipality, claiming it could open its cinema on Shabbat, and the court ruled it couldn't do that, the same would happen with Tel Aviv municipality. The court told Petah Tikva that the authority to permit businesses to work on Shabbat wasn't in the mayor's hands but the Minister of Labor, and here we see Tel Aviv managed to create a law allowing it to grant work permits to many businesses. So yes, the municipality claims stores employ only minorities and not Jews, but even if this happens – the public visibility of Shabbat, that Shabbat atmosphere without business on the streets, will be harmed when those supermarkets open. So yes, I was optimistic until this ruling was given, but it did shake my confidence."

But despite everything, Attorney Abohav says the nonprofit he established will continue to operate. "I hope with all my heart that we can change something and that we try to influence the court to adopt our positions. Of course, if it decides not to adopt them, we will face a problem and might turn to legislative measures that might help formulate the protection of Shabbat on a national level, granting us all a Shabbat of freedom and tranquility."