Jewish Religious Services Law [Consolidated Version], 5731-1971
חוק שירותי הדת היהודיים [נוסח משולב], תשל"א-1971
Published: 1971-07-15Consolidated Hebrew text as of 2026-07-20 · Last amended 2026-07-19✓ Amendment status checked against the Knesset legislation record on 2026-09-17
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Establishment of a Religious Council§
1.
The Minister for Religious Services (hereinafter – the Minister) may establish a religious council in accordance with the provisions of this Law (hereinafter – Council) in any local authority in which no such council exists.
Number of Council Members§
2.
The Minister shall determine the number of members of the Council, provided that it shall not exceed the number of members of the local authority.
Nomination of Candidates§
3.
(a)Of the number determined, candidates for the Council shall be nominated according to the following quotas –
(1)the Minister – 45%;
(2)the local authority – 45%;
(3)the local rabbinate – 10%;
in determining the number of candidates as aforesaid, a fraction reaching one half or more shall be counted as a whole unit.
(b)If the local authority has not proposed to the Minister its quota of candidates for the Council within thirty days of the date on which the Minister's demand was sent to it, an additional demand shall be sent; if the local authority has not responded to the additional demand within fifteen days of the date on which it was sent, the Minister may nominate the quota of candidates designated for the local authority; these provisions shall also apply to the quota of candidates of the local rabbinate.
Disqualification from Service and Cessation of Membership§
3a.
Any provision in an enactment whereby a person is disqualified from serving as a member of the council of a local authority in which a religious council exists, and any provision in an enactment whereby a member of the council of such a local authority ceases to serve by reason of absence from council meetings – shall apply, with the necessary modifications, also to a member of that religious council, and the same applies to provisions concerning the procedure for notification of the cessation of membership of the council.
Assessment of Candidates§
4.
The three authorities referred to in section 3 shall give their opinion on the candidates with regard to their suitability to serve as members of the Council and with regard to the appropriate representation of the bodies and communities interested in the maintenance of Jewish religious services (hereinafter – religious services) in the locality.
Resolution of Disagreements§
5.
If disagreements arise between the three authorities, they shall be brought for decision before a ministerial committee whose members are the Prime Minister, who shall be the chairperson, the Minister and the Minister of the Interior or their representatives; if a Minister appeals against the decision of the committee, the Government shall decide.
Reconstitution of Councils§
6.
(a)The Minister shall reconstitute each Council in accordance with sections 2 to 5 by the end of one year from the date of the election of the council of the local authority.
(b)Notice of the new composition shall be published in Reshumot (Official Gazette).
(b1)A Council shall serve until the date of the reconstitution of its composition as referred to in subsection (a) or until the end of one year from the date of the election of the council of the local authority, whichever is the earlier.
(b2)If the composition of the Council has not been reconstituted by the date prescribed in subsection (a), the Minister shall appoint a team of two suitable members who shall fulfil the functions that the Council is empowered to fulfil under this Law (in this section – the appointees); the appointees shall have all the powers and duties of the Council; the Minister shall confer upon one of them the casting-vote power; the appointees shall serve until the reconstitution of the composition of the Council under subsection (a) or until its dissolution.
(b3)The appointees shall report to the Minister on their activities, as required by the Minister.
(b4)The Minister, with the approval of the Government, shall prescribe eligibility and disqualification conditions for the appointment of the appointees and the manner of approving the eligibility or disqualification of candidates for such appointment.
(b5)The appointees, and they alone –
(1)may sign, on behalf of the Council, cheques or payment orders that are binding upon the Council;
(2)may sign transactions that are binding upon the Council.
(b6)Of the two appointees – only the appointee holding the casting-vote power shall be entitled to a salary; the salary shall be funded from the Council's budget in accordance with directives issued by the Minister with the consent of the Minister of Finance.
(b7)
(1)In this section, "casting-vote power" in respect of the taking of decisions by the appointees – means the decision of the holder of the casting-vote power, whether the casting vote was required due to an incomplete composition or due to an equality of opinions;
(2)"the Minister" for the purposes of subsections (b2) to (b7) of this section – means the Prime Minister.
(c)A member of the religious council shall sign a declaration of allegiance; and these are the words of the declaration: "I undertake to bear allegiance to the State of Israel and its laws, to faithfully fulfil my duties as a member of the religious council in accordance with the provisions of this Law, and to uphold the decisions of the religious council".
(d)The continuation of service of a member of a religious council is conditional upon his making the declaration referred to in this section.
(e)If a council member has breached his declaration as referred to in this section, the breach shall be regarded as grounds for cessation of membership and the provisions of section 3a shall apply thereto.
Decisions of the Council§
6a.
The religious council and its members shall act in accordance with the rulings of the local rabbinate and the Chief Rabbinate of Israel in every matter within the scope of the functions and powers of the religious council.
Powers of the Council§
7.
(a)A Council is empowered to deal with the provision of religious services and for that purpose may enter into contracts, hold property by way of lease or long-term lease and acquire movable property, all in accordance with the items of its approved budget.
(a1)(Repealed)
(b)The Council shall collect fees for the religious services it provides, in accordance with Regulations prescribed by the Minister with the consent of the Minister of Finance.
Appointment of an Auditor§
7a.
(a)A Council shall appoint an auditor; the appointment of an auditor and the termination of his engagement require the approval of the Minister and shall be effected in accordance with the provisions of this section and sections 7b to 7d.
(b)The auditor shall not be an employee of the Council; the terms of his engagement shall be determined by the Council, in accordance with the provisions of this section.
(c)The auditor shall not be dependent upon or connected to the Council, directly or indirectly, and shall maintain independence in his professional work.
(d)The payment of the auditor's fee shall not be made conditional upon any condition connected to his professional responsibility, and no arrangement shall be prescribed for the indemnification of the auditor by the Council or anyone on its behalf in respect of a liability arising from a breach of the auditor's professional responsibility or from non-fulfilment of a duty imposed upon him under any law.
(e)The Minister and the Minister of Justice, in consultation with the Minister of Finance, shall prescribe by Regulations rules concerning the appointment of an auditor, the conditions of his eligibility, independence, absence of conflicts of interest, his remuneration and modes of operation, as well as a procedure for the termination of his engagement and restrictions on his dismissal.
Preparation of Financial Statements§
7b.
(a)A Council shall prepare annual and semi-annual financial statements (hereinafter – financial statements); the head of the Council and the Council's treasurer, or one of its members if the Council has no treasurer, shall sign the financial statements; the auditor shall audit the annual financial statements and review the semi-annual financial statements (hereinafter – audited statements), which shall be deliberated upon in the Council and submitted to the Minister.
(b)The Minister and the Minister of Finance shall prescribe the form of the financial statements, their scope and the particulars included therein, as well as the date for submission of the audited statements to the Minister.
Powers, Duties and Responsibility of the Auditor§
7c.
(a)For the purpose of fulfilling his duties, the auditor may, at any time, inspect the Council's documents and demand from the head of the Council, a member of the Council or an employee of the Council, or from any office holder therein, any information and explanation required by him, and he may also demand any document of the Council from the person holding it; the auditor may also participate in any council meeting at which accounts that he has audited or on which he has reported are to be discussed, and may furnish any notice or explanation that seems to him appropriate with regard to those accounts.
(b)A person who has been required as aforesaid in this section is obliged to comply with the requirement.
(c)If the auditor becomes aware, in the course of conducting the audit, of actions of the Council that constitute a deviation from the provisions of the Budget Foundations Law, 5745-1985, or from the provisions of the annual budget law, he shall report this to the head of the Council and to the Minister; upon receipt by the head of the Council of information as referred to in this subsection, he shall convene a council meeting as soon as possible for discussion of the matters brought to his attention; the resignation or retirement of the auditor from his position or the termination of his engagement does not exempt him from fulfilling his duty under this subsection.
(d)
(1)Upon the proposal of the auditor in the exercise of his functions under this section, the Minister shall disallow any item in the accounts that is contrary to law, and shall surcharge the person who paid or who authorised the unlawful payment; the Minister shall also surcharge any person responsible for the accounts in respect of any amount of deficit or loss caused through his negligence, or in respect of any amount that should have been brought into account and was not;
(2)the Minister may, at his discretion, if so requested by a person who has been surcharged, and notwithstanding the disallowance or surcharge being correct and lawful, cancel or reduce the disallowance and the surcharge, if he considers that in the circumstances of the case it is appropriate to do so;
(3)the Minister shall notify his decision in writing to the person who has been surcharged as aforesaid, and shall also set out the reasons for his decision regarding the disallowance or surcharge; the notice shall be sent by registered mail to his last known address, and a copy thereof shall be sent by registered mail to the head of the Council.
(e)A person who has been surcharged as referred to in subsection (d) may, within thirty days of the date of receipt of the notice, request in writing from the Minister to cancel or reduce the surcharge; the Minister shall notify his final decision to the applicant and to the Council, after having given the applicant an opportunity to state his arguments before him orally or in writing, at the applicant's choice.
(f)The person to whose debit an expenditure as referred to in subsection (d) has been charged in a final decision of the Minister shall be liable to pay it to the Council within thirty days of the date on which a notice was sent to him under subsections (d) or (e), unless within that time he has applied to a court for the cancellation of the notice; in that case he shall not discharge the surcharge unless the court has so decided.
Actions pursuant to the Minister's Requirements and Termination of Engagement by the Minister§
7d.
(a)The Minister may demand from the auditor any information, document and explanation concerning his activities and the activities of the Council known to the auditor, and may also demand supplementations and correction of deficiencies in the auditor's opinion.
(b)If the Minister finds that the Council is not appointing an auditor or is not submitting financial statements at the times or in the form prescribed, as referred to in sections 7a and 7b, he may do one or more of the following:
(1)appoint an auditor for the Council and prescribe directives for his operation, including the remuneration to be paid to him by the Council;
(2)prescribe that the Government's share in the Council's budget as referred to in section 11 shall not be transferred;
(3)pay, on account of the Council, the auditor's remuneration.
(c)The Minister may also appoint, on his behalf, an auditor for the Council who shall audit the financial statements, all or part of them, as the Minister shall prescribe, and the provisions of section 7c(a) and (b) shall apply.
(d)The Minister may terminate the engagement of an auditor if he finds that the auditor is not properly fulfilling his duties, or if he finds that the auditor does not meet the eligibility conditions required under section 7a(e).
8.§
(Repealed — תשס״ח)
9.§
(Repealed — תשס״ח)
Restriction on Council Expenditure§
10.
The Council shall not incur any expenditure whatsoever unless it has been included in a budget approved in accordance with section 11i.
Council Failing to Fulfil a Duty§
10a.
(a)Whenever it appears to the Minister that a Council has not fulfilled a duty or has not carried out a work that it is required or empowered to do under this Law, he may demand from it by Order to fulfil the duty or carry out the work within the time specified in the Order.
(b)If the Council has not complied with the Order within the said time, the Minister may, after consulting the head of the local authority, appoint a person he considers suitable to fulfil the duty or carry out the work, provided that the remuneration and expenses involved shall be charged to the Council's budget.
Dissolution of the Council and Appointment of an Appointed Committee§
10b.
(a)If the Minister, having examined the report of an inquiry committee that he appointed and among whose members a representative of the Attorney General is included, finds that a Council is no longer fulfilling the functions imposed upon it by any law or is not properly fulfilling those functions, he may, after having warned it, dissolve the Council and appoint an appointed committee in its stead; the composition of the appointed committee shall be determined by the Minister after consulting the head of the local authority and the local rabbinate.
(b)The appointed committee shall have all the powers and duties of the Council.
(c)The Minister shall appoint one of the members of the appointed committee to be chairperson, and if he sees need therefor, he may appoint another member to be deputy chairperson; the chairperson and his deputy shall have all the powers and duties of the head of the Council and his deputy, and they shall be entitled, if they are not State employees, to receive from the Council's funds the remuneration approved for the holders of those offices in the dissolved Council.
(d)An appointed committee shall serve until the composition of the Council is reconstituted in accordance with section 6, and the Minister may reconstitute the composition for this purpose at any time he finds that the conditions so permit.
(e)Notice of the appointment of an inquiry committee, the dissolution of the Council and the appointment of an appointed committee under this section shall be published in Reshumot (Official Gazette).
Participation in the Budget Expenditure of a Council§
11.
(a)The Government and the local authority shall bear the budget expenditure of a Council in accordance with the provisions of sections 11a to 11g.
(b)
(1)Notwithstanding the provisions of subsection (a), the Government shall bear the expenditure on salaries and duly approved posts, in accordance with equitable criteria to be decided upon by the Minister in consultation with the Minister of Finance; however, the bearing of such expenditure shall not impose upon the local authority any participation amount in respect of such expenditure;
(2)the provisions of this subsection shall also apply to local authorities in which there is no religious council.
The Ordinary Amount of Participation in the Budget Expenditure of a Council§
11a.
(a)The amount of the Government's participation in the budget expenditure of all the Councils shall be determined, in each financial year, in the annual budget law within the meaning thereof in the Budget Foundations Law, 5745-1985 (hereinafter – the annual budget law).
(b)The amount of the Government's participation in the budget expenditure of each Council, in each financial year, shall be the amount resulting from the division of the amount of the Government's participation in the budget expenditure of all the Councils, as referred to in subsection (a), among them, in accordance with equitable criteria to be determined by the Government (hereinafter – the ordinary amount of Government participation); the Minister shall publish the said criteria in Reshumot (Official Gazette).
(c)The amount of the local authority's participation in the budget expenditure of a Council situated within its jurisdiction, in each financial year, shall be equal to the ordinary amount of Government participation in the budget expenditure of that Council in that financial year, multiplied by 1.5 (hereinafter – the ordinary amount of local authority participation).
Reserve for Covering Expenditure§
11a1.
Without derogating from the provisions of section 11a(c), out of the ordinary amount of Government participation in each financial year, an amount of 5% shall be set aside to serve as a reserve for covering expenditure as detailed in section 11c1 (hereinafter – the reserve amount), even if the special amount of Government participation has been determined pursuant to section 11b; the Minister may prescribe by Order that in a particular financial year no such amount shall be set aside or that a lower rate shall be set aside.
The Special Amount of Participation in the Budget Expenditure of a Council§
11b.
(a)Notwithstanding the provisions of section 11a, the Minister, the Minister of the Interior and the Minister of Finance (hereinafter – the Ministers) may, by a decision adopted by a majority of the Ministers including the Minister of Finance, in accordance with equitable criteria to be determined for each financial year, with the approval of the Finance Committee of the Knesset, alter the ordinary amount of Government participation in the budget expenditure of the Councils, all or part of them, to a different amount (hereinafter – the special amount of Government participation), provided that the decision shall be given within 90 days of the commencement of each financial year or from the date of the adoption of the annual budget law by the Knesset, whichever is the later, all subject to the following conditions:
(1)the change shall not result in an excess of the amount of the Government's participation in the budget expenditure of all the Councils in that financial year, as referred to in section 11a(a);
(2)the change shall not result in a change to the total participation amount derived from adding together the ordinary amount of Government participation in the budget expenditure of a Council and the ordinary amount of local authority participation in the budget expenditure of that Council (hereinafter – the total ordinary participation amount);
(3)the special amount of local authority participation in the budget expenditure of a Council situated within its jurisdiction, to be calculated in accordance with subsection (b), shall not be less than an amount equal to 25% and shall not exceed an amount equal to 75% of the total ordinary participation amount.
(4)(Lapsed)
(b)If the Ministers have decided pursuant to subsection (a) on a special amount of Government participation in the budget expenditure of a Council, the amount of participation of the local authority within whose jurisdiction the Council is situated, in its budget expenditure, shall be the amount derived from the difference between the total ordinary participation amount and the special amount of Government participation (hereinafter – the special amount of local authority participation).
(c)The decision of the Ministers pursuant to subsection (a) shall be adopted after receiving recommendations in that regard from a professional team comprising a representative of each of the Ministers from among the employees of their ministries, and its validity and the validity of the criteria as referred to in subsection (a) shall be for one financial year only.
(d)The amount of the Government's participation in the budget expenditure of the Councils during the 90 days referred to in subsection (b) shall be in accordance with the ordinary or special amount of Government participation as applicable in the preceding financial year.
Notice of Participation Amounts§
11c.
The Minister shall publish in Reshumot (Official Gazette) the regular or special participation amount of the Government in the budget expenditure of each council, less the reserve amount, and the reserve amount out of the Government's regular participation amount, as well as the regular or special participation amount of each local authority in the budget expenditure of a council situated within its jurisdiction; the Minister or a person authorised by the Minister for that purpose shall likewise notify each head of a local authority and each head of a council of the said participation amounts that concern them.
Manner of Distribution of the Reserve Amount§
11c1.
(a)The reserve amount shall be used to cover necessary expenditure of the councils that could not have been anticipated at the outset of the financial year, provided that the expenditure does not arise from improper budgetary conduct of the councils, and it shall be distributed among the councils during the last three calendar months of the financial year in accordance with criteria to be determined by the Minister.
(b)A reserve amount that was not required to be distributed in a particular financial year shall be distributed by the end of the financial year among all the councils in proportion to their relative share in the Government's regular participation amount, as determined under section 11a(b), or in the Government's special participation amount, as determined under section 11b(a), as the case may be.
(c)An amount distributed as provided in subsections (a) and (b) to each council shall be published on the website of the Ministry for Religious Services.
Transfer of the Local Authority's Participation Amounts§
11d.
(a)A local authority shall transfer to the council situated within its jurisdiction, by the fifth day of each month, its monthly participation amount in the budget expenditure of the council; however, if the local authority has transferred advances under subsection (b), the amounts of the advances so transferred shall be taken into account for that purpose; in this subsection, "monthly participation amount" means the regular or special participation amount of the local authority in the budget expenditure of the council, as published in Reshumot (Official Gazette) under section 11c, divided by 12.
(b)For as long as a notice under section 11c has not been published in Reshumot (Official Gazette), a local authority shall transfer to the council situated within its jurisdiction, by the fifth day of each month, an advance on account of its participation amount in the budget expenditure of the council; the advance shall be in an amount equal to one-twelfth of the regular or special participation amount of the local authority as applicable in the preceding financial year.
(c)If the approved budget of the local authority does not include the full amount of the regular or special participation amount of the local authority, the local authority shall amend its budget within 30 days from the day on which the Minister of the Interior directs it to do so; if the local authority has not amended its budget in accordance with the direction of the Minister of the Interior by the end of the said 30 days, the Minister of the Interior shall immediately amend the budget of the local authority so that it includes the full amount of the regular or special participation amount of the local authority.
Change of Participation Amount during the Financial Year§
11e.
(a)In this section –
"regular participation ratio" means the ratio between the Government's regular participation amount in the budget expenditure of a council and the local authority's regular participation amount in the budget expenditure of that council;
"special participation ratio" means the ratio between the Government's special participation amount in the budget expenditure of a council and the local authority's special participation amount in the budget expenditure of that council.
(b)If, during the financial year, the Government's participation amount in the budget expenditure of all the councils, as fixed in the annual budget law as referred to in section 11a(a), is changed, the following provisions shall apply with respect to the updated participation amount of the local authorities in the budget expenditure of the councils situated within their jurisdiction:
(1)if the Government's participation amount is changed as referred to above owing to collective wage agreements relating to the councils, the regular or special participation amount of the local authorities shall be updated so as to preserve the regular participation ratio or the special participation ratio, as the case may be;
(2)if the Government's participation amount is changed as referred to above otherwise than owing to collective wage agreements as referred to in paragraph (1), the Ministers shall decide, within 60 days from the day the amount is changed as aforesaid, in a decision taken as provided in section 11b(a), on the basis of equal criteria to be determined by the Ministers with the approval of the Finance Committee of the Knesset, whether the regular or special participation amount of the local authorities shall be updated; if the Ministers decide to update the amount, they shall also determine the rates of the update, provided that the updated participation amount of the local authorities shall not be higher than the participation amount that would have applied to them had it been updated in accordance with the regular participation ratio or the special participation ratio, as the case may be; a decision under this paragraph shall be taken after an opportunity has been given to representatives of the relevant local authorities and councils to present their position within 14 days from the day on which they were requested to do so.
(b1)
(1)If the Government's participation amount is changed as referred to in subsection (b) before the reserve amount is distributed in accordance with section 11c1, the following provisions shall apply:
(a)if the Government's participation amount increased – the reserve amount shall be distributed in accordance with the Government's participation amount before the change;
(b)if the Government's participation amount was reduced – the reserve amount shall be calculated in accordance with the updated amount, and the provisions of section 11a1 shall apply with the necessary modifications;
(2)if the Government's participation amount is changed as referred to in subsection (b) after the reserve amount is distributed under section 11c1, no change shall be made to the reserve amount that was distributed.
(c)The Minister shall publish in Reshumot (Official Gazette) the updated participation amounts of the Government and of the local authorities in the budget expenditure of the councils, as referred to in subsection (b), less the reserve amount, and the reserve amount out of the Government's regular participation amount; the Minister or a person authorised by the Minister for that purpose shall likewise notify each head of a local authority and each head of a council of the said participation amounts that concern them.
(d)If a notice is published in Reshumot (Official Gazette) regarding the update of a local authority's participation amount under subsection (c), the local authority shall transfer to the council situated within its jurisdiction, on the fifth day of each month, commencing with the month following the publication, its updated monthly participation amount in the budget expenditure of the council; for that purpose, "updated monthly participation amount" means the updated participation amount of the local authority in the budget expenditure of the council, as published in Reshumot (Official Gazette) under subsection (c), divided by the number of months remaining from the month following the publication until the end of the financial year.
(e)Nothing in the change of the Government's participation amount as referred to in subsection (b), in the Ministers' decision under paragraph (2) of that subsection, or in the absence of such a decision, shall impose any obligation on the Government towards the local authorities, the councils, their employees or any other party.
Request for Reduction of a Local Authority's Participation Amount§
11f.
(a)The head of a local authority may apply to the Ministers with a request to reduce the local authority's participation amounts in the budget expenditure of a council situated within its jurisdiction, as set out below, as the case may be:
(1)with respect to the regular or special participation amount of the local authority – within 21 days from the date of publication of the notice in Reshumot (Official Gazette) under section 11c regarding that amount;
(2)with respect to the updated participation amount of the local authority, as referred to in section 11e(b)(2) – within 21 days from the date of publication of the notice in Reshumot (Official Gazette) under section 11e(c) regarding that amount.
(b)The Government shall determine criteria for decisions on requests under this section.
(c)If the Ministers consider that circumstances exist that justify doing so, in accordance with the criteria determined under subsection (b), they may, in a decision as referred to in section 11b(a), approve a request for the reduction of a participation amount submitted under subsection (a), as submitted or with such modifications as they see fit, provided that the Government's participation amount in the budget expenditure of the council is also reduced so as to preserve the regular participation ratio or the special participation ratio, as the case may be; if the Ministers decide to approve the request, they shall determine the date of commencement of the reduction.
(d)A decision under subsection (c) shall be taken after an opportunity has been given to representatives of the local authority and representatives of the council to present their position within 14 days from the day on which they were requested to do so.
(e)If the Ministers decide, pursuant to the provisions of this section, to approve a request for the reduction of a local authority's participation amount in the budget expenditure of a council situated within its jurisdiction, the local authority shall transfer to the council, on the fifth day of each month, commencing on the date of commencement of the reduction determined by the Ministers under subsection (c), its reduced monthly participation amount in the budget expenditure of the council; for that purpose, "reduced monthly participation amount" means the reduced participation amount of the local authority in the budget expenditure of the council, as decided by the Ministers under this section, divided by the number of months remaining from the month in which the commencement date of the reduction falls until the end of the financial year.
(f)A notice regarding the reduced monthly participation amount as referred to in subsection (e) shall be published in Reshumot (Official Gazette).
(g)If the participation amount of a local authority is reduced as referred to in this section, the Government's participation amount in the budget expenditure of all the councils shall not, by reason of that alone, be reduced.
Additional Participation of a Local Authority in the Budget Expenditure of a Council§
11g.
A local authority may participate in the funding of the budget expenditure of a council situated within its jurisdiction in an amount higher than its participation amount determined under sections 11a to 11f; however, an increase in the participation amount as aforesaid shall not alter the Government's participation amount in the budget expenditure of that council.
Local Authority That Does Not Transfer Its Participation Amounts§
11h.
If a local authority has not transferred its monthly participation amounts in the budget expenditure of a council situated within its jurisdiction, whether in whole or in part, at the rates and times fixed under sections 11d, 11e or 11f, as the case may be, for any reason whatsoever, including because the local authority has no approved budget for that financial year or because its approved budget for that financial year did not include the full regular or special participation amount in the budget of the religious council, the following provisions shall apply to it:
(1)the accountant of the Ministry of the Interior shall deduct from the allocations transferred to the local authority from the budget of the Ministry of the Interior amounts equal to the participation amounts that the local authority is required to transfer to the council, and shall transfer those amounts to the council; for that purpose, "allocation" means support, grant or any other participation;
(2)if allocations as referred to in paragraph (1) are not being transferred to the local authority, or if the amounts of the allocations deducted under that paragraph did not cover the participation amounts that the local authority is required to transfer to the council, the accountant of the Ministry of the Interior shall notify the District Commissioner in that Ministry accordingly; upon such notification, the District Commissioner shall immediately exercise the power conferred on the District Commissioner under section 141 of the Municipal Corporations Ordinance, in order to ensure the fulfilment of the local authority's obligations.
Budget Proposal§
11i.
(a)A council, after consulting with the local authority within whose jurisdiction it is situated, shall submit to the Minister, within 30 days from the day on which the participation amounts were published in Reshumot (Official Gazette) as referred to in section 11c, the council's annual budget proposal; the budget proposal shall be based on the participation amounts of the Government and of the local authority in the budget expenditure of the council under sections 11a to 11d, and on the amounts of the fees collected by the council under section 7(b), and shall include the particulars determined by the Minister under subsection (d).
(b)The head of the local authority may bring before the Minister the position of the local authority regarding the annual budget proposal of a council situated within the jurisdiction of the local authority.
(c)The annual budget proposal requires the approval of the Minister, who may approve the proposal with such modifications as the Minister sees fit or make the approval subject to conditions.
(d)The Minister may determine the particulars to be included in the annual budget proposal of a council.
(e)The failure of a council to submit the annual budget proposal under this section, its late submission, or its failure to obtain the Minister's approval shall not derogate from the obligation of the local authority to transfer its participation amounts in the budget expenditure of a council situated within its jurisdiction, at the rates and times fixed under sections 11d, 11e or 11f, as the case may be.
(f)If the annual budget of the council has not been approved, the council may expend each month an amount equal to one-twelfth of the annual budget for the preceding financial year, with the addition of linkage to the consumer price index published by the Central Bureau of Statistics.
(g)The council shall publish its budget as well as the financial reports under section 7b.
Regulations§
11j.
The Minister, with the consent of the Minister of Finance, shall prescribe provisions regarding –
(1)the manner of administering the council's budget and changes thereto;
(2)the transfer of funds from one expenditure item to another in the council's budget;
(3)the manner of publication of the council's budget and its financial reports.
Signing of Contracts§
12.
Contracts of a council shall be signed by the head of the local authority and the head of the council, and if the council is not situated within the jurisdiction of a local authority, the contracts shall be signed by the head of the council alone.
Disciplinary Jurisdiction over City Rabbis§
12a.
(a)A city rabbi shall be subject to the jurisdiction of a disciplinary tribunal.
(b)The Chief Rabbinical Council of Israel shall appoint the members of the tribunal, who shall be a judge or a retired judge, who shall serve as chairperson, and two city rabbis.
(c)The Minister may file a complaint against a city rabbi with the disciplinary tribunal on one of the following grounds:
(1)the rabbi acted improperly in the discharge of his duties;
(2)the rabbi conducted himself in a manner unbecoming the standing of a rabbi in Israel;
(3)the rabbi was convicted of an offence which, in the circumstances of the matter, involves moral turpitude.
(d)The disciplinary tribunal shall bring its conclusions, whether for acquittal or for conviction, before the Minister; if the disciplinary tribunal finds that the city rabbi is unfit to continue in his position, the Minister shall bring the conclusions of the disciplinary tribunal before the President of the Chief Rabbinical Council of Israel, and the President shall remove the city rabbi from office.
(e)The powers of the disciplinary tribunal, its rules of procedure, the procedure for filing complaints and other provisions relating to the exercise of disciplinary jurisdiction under this section shall be prescribed by Regulations with the consent of the Minister of Justice.
Application of State Service Laws to Council Employees§
13.
(a)The Minister, with the consent of the Minister of Finance and the Minister of the Interior, after consulting with the workers' organisation representing the largest number of workers in the State (hereinafter – workers' organisation) and with the approval of the Labour and Welfare Committee of the Knesset, may direct that the provisions of the State Service (Appointments) Law, 5719-1959, and the Regulations made thereunder, shall apply, in whole or in part, to employees of the councils, with such modifications as appear necessary to adapt the provisions to the structure of the councils and such modifications as appear necessary consequent upon the application; these modifications shall be detailed in the direction; a direction under this subsection may apply also to a person who was employed before it was given and who is in the service of the council on the day the direction comes into force.
(b)The Minister, with the consent of the Minister of Finance and the Minister of the Interior, after consulting with the workers' organisation and with the approval of the Labour and Welfare Committee of the Knesset, may direct that the provisions of the State Service (Pensions) Law [Consolidated Version], 5730-1970, and the Regulations made thereunder, shall apply, in whole or in part, to employees of the councils and to their survivors, with such modifications as appear necessary to adapt the provisions to the structure of the councils and such modifications as appear necessary consequent upon the application; these modifications shall be detailed in the direction; a direction under this subsection may apply also to a person who retired before it was given.
(c)The Government, after consulting with the workers' organisation and with the approval of the Labour and Welfare Committee of the Knesset, may direct that the provisions of the State Service (Discipline) Law, 5723-1963, and the Regulations made thereunder, shall apply, in whole or in part, to employees of the councils, with such modifications as appear necessary to adapt the provisions to the structure of the councils and such modifications as appear necessary consequent upon the application, provided that when appointing the members of the tribunal, as referred to in section 3 of that Law, the Minister of Justice shall consult with the Minister instead of with the Minister of Finance; the modifications shall be detailed in the direction.
(d)Directions under this section shall be published in Reshumot (Official Gazette) and shall apply to all the councils.
Pensions of Head of Council and Deputies§
14.
(a)The Local Authorities (Pensions for Head of Authority and Deputies) Law, 5737-1977, shall apply to the head of a council and the deputies thereof, with the following modifications:
(1)section 1 shall be read as if the following were stated therein:
"1. In this Law –
'authority' means a religious council;
'head of authority' includes salaried deputies of the head of a religious council belonging to categories, or performing functions, prescribed by the Minister by Order with the approval of the Labour and Welfare Committee of the Knesset";
(2)in section 2, instead of "from the funds of the local authority" read "from the funds of the religious council";
(3)in section 3(4), instead of the proviso beginning with the words "and it is also permissible to add" read "and it is also permissible to add periods of tenure, service and salaried employment in the authority, in the State or in one of its institutions or enterprises, in a local authority or in other public institutions to be prescribed, and also as chairperson of a community committee or as president or chairperson of an association of persons, incorporated or unincorporated, which in the opinion of the Minister performed the functions of an authority within its area before its establishment, all subject to conditions to be prescribed";
(4)section 3(7) shall not apply;
(5)in section 5, instead of "from the local authority" read "from the authority";
(6)in section 5a(a), instead of "to the local authority" read "to the authority";
(7)in section 5a(c), instead of "the local authority" read "the authority";
(8)in section 5c(a), instead of "local authority" and "the local authority" read "authority" and "the authority";
(9)in section 5c(b), instead of "to the local authority" and "the local authority" twice, read "to the authority" and "the authority" twice;
(10)in section 5c(c), instead of "the local authority" twice read "the authority" twice;
(11)section 8 shall not apply;
(12)the powers of the Minister of the Interior under section 9 shall vest in the Minister.
(b)The limitations in section 15a1 of the Local Authorities (Election of Head of Authority and Deputies and Their Tenure) Law, 5735-1975, shall apply, with the necessary modifications, to the number of salaried deputies of heads of religious councils, provided that the number of salaried deputies in each religious council shall not exceed the number of such deputies who held office in that religious council on the 21st of Adar II 5763 (25 March 2003).
Burial Plot in One's Lifetime§
14a.
(a)The purpose of this section is to set tariffs for the purchase of a burial plot in one's lifetime in a cemetery in which a local authority, religious council or burial society handles the burial of the deceased within the framework of the provision of Jewish religious services.
(b)A Jewish resident who wishes to purchase a burial plot in his lifetime, in the locality in which the cemetery closest to his place of residence is situated (hereinafter – his locality of residence), shall pay an amount not exceeding the tariff set out in the First Schedule.
(c)A Jewish resident who wishes to purchase a burial plot in his lifetime –
(1)other than in his locality of residence, shall pay an amount not exceeding 120% of the tariff set out in the First Schedule;
(2)a Jewish resident who is not a resident of Jerusalem and who wishes to purchase a burial plot in his lifetime in Jerusalem shall pay an amount not exceeding 130% of the tariff set out in the First Schedule.
(d)A Jewish resident who wishes to purchase a burial plot in his lifetime, adjacent to his spouse who is buried in the cemetery, in his locality of residence, shall pay an amount not exceeding 80% of the tariff set out in the First Schedule.
(e)A person who purchases a burial plot intended for dense burial in his lifetime shall pay 75% of the amount pursuant to subsections (a) to (d); in this Law, "dense burial" – an area intended for burial at a density exceeding 750 graves per dunam.
(f)A person who purchases a burial plot in his lifetime intended for double burial shall pay 80% of the amount payable pursuant to subsections (c) and (d); in this section, "double burial" – an area intended for burial at a density of 500 graves per dunam, where two deceased persons may be buried in each burial plot.
(f1)Notwithstanding the provisions of subsections (b) to (f), a Jewish resident who wishes to purchase a burial plot in his lifetime in the Barak Regional Cemetery shall pay an amount as set out below, as the case may be:
(1)an amount not exceeding the tariff set out in the Second Schedule, in accordance with the type of burial plot chosen by him;
(2)if he requested to purchase a burial plot adjacent to his spouse who is buried in the cemetery, or if his spouse purchased a burial plot in his or her lifetime in the cemetery of the type of field burial in a structure, level burial or Sanhedrin burial and his or her spouse paid the amount payable pursuant to paragraph (1) – an amount not exceeding 80% of the amount payable pursuant to paragraph (1);
(3)if he requested to purchase a burial plot intended for double burial in a burial plot of the type of field burial in a structure or level burial – an amount not exceeding 80% of the amount payable pursuant to paragraph (2);
in this Law, "Barak Regional Cemetery" – the Barak Cemetery within the boundaries marked in local and detailed outline plan no. 48/143, as shall be in force from time to time.
(g)The provisions of this section with regard to the purchase of a burial plot in one's lifetime shall apply only to active cemeteries; the Minister, in accordance with the recommendations of the National Insurance Institute and with the approval of the Interior and Environment Quality Committee of the Knesset, shall determine a list of closed cemeteries, all or some of them, to which the provisions of this Law shall not apply, and shall publish it in Reshumot (Official Gazette); for the purposes of this subsection, "closed cemeteries" – cemeteries determined pursuant to section 266 of the National Insurance Law [Consolidated Version], 5755-1995.
(h)If a person has died and left family members behind, the burial society shall not bury other deceased persons in two adjacent plots for 90 days from the day of burial of the deceased; in this section, "family member" – a Jewish resident who is a spouse, parent, son, daughter, brother or sister.
(i)
(1)If a family member of the deceased applies, within 45 days of the day of burial of the deceased, with a request to purchase an adjacent plot for himself, the burial society shall consider his request within 21 days of the day of application and shall notify the applicant of its decision within 7 days of the day the decision is made;
(2)if no application as aforesaid was submitted within 45 days, the burial society may bury any deceased person in the adjacent plot;
(3)if requests by family members of the deceased to purchase an adjacent plot were submitted within 45 days of the day of burial of the deceased, and there were not enough adjacent plots for all the applicants, the spouse of the deceased shall have priority over all family members and thereafter the parents of the deceased; the Minister shall determine, with the approval of the Interior and Environment Quality Committee of the Knesset, provisions regarding priority among sons and daughters, brothers and sisters of the deceased.
(j)If a person who purchased a burial plot in his lifetime withdraws, he shall return it to the burial society or to the religious council, as the case may be, and the said company or council shall return to him his money together with linkage differentials from the day of purchase to the day of return of the burial plot as aforesaid, in accordance with the consumer price index published by the Central Bureau of Statistics.
(k)The Minister shall submit a written report on the supervision and enforcement of the provisions of this section, with details regarding the various burial bodies; the said report shall be submitted to the Interior and Environment Quality Committee of the Knesset, once a year, and no later than 30 June of the year following the year in respect of which the report was submitted.
(l)In this section and in sections 14a1 to 14a5 –
"Jewish resident" – a resident of Israel who is entitled to receive Jewish religious services, including burial services;
"cemetery" – a Jewish cemetery.
Discounts Committee§
14a1.
(a)The Minister shall establish a committee that shall consider the granting of discounts from the tariffs set out in the First Schedule, provided that the maximum rate of discount for each burial plot in one's lifetime shall not exceed 30%; the criteria for granting the discounts shall be determined by the Minister with the approval of the Interior and Environment Quality Committee of the Knesset, and shall be published in Reshumot (Official Gazette) within half a year of the day of publication of this Law.
(b)The number of members of the committee, its composition and its rules of procedure shall be determined by the Minister.
Amendment of Tariffs§
14a2.
The Minister may determine, with the approval of the Interior and Environment Quality Committee of the Knesset, with regard to a specific cemetery or in general, on a temporary basis or on a permanent basis, an amount for the purchase of a burial plot in one's lifetime that differs from the tariff set out in the First Schedule or in the Second Schedule, as the case may be, due to changes in the costs of a burial plot, and may determine as aforesaid with regard to tariffs set out in Part 2 of the First Schedule also taking into account changes in the costs of a burial plot in dense burial by type; in a determination as aforesaid the Minister may direct the transfer of an item included in Part 1 of the First Schedule to Part 2 thereof; notice of such an amendment shall be published in Reshumot (Official Gazette).
Purchase and Sale of Burial Plots§
14a3.
(a)A person may purchase a burial plot for himself.
(b)A person shall not purchase a burial plot for another during the other's lifetime, unless he is his spouse, or his parent.
(c)A person shall not purchase a burial plot for the purpose of selling it.
(d)A person shall not sell a burial plot to another person except in one of the following:
(1)the burial plot is intended for the purchaser;
(2)the burial plot is intended for the spouse or parent of the purchaser.
Tariffs for the Sale of a Burial Plot§
14a4.
(a)A person shall not sell a burial plot in a cemetery contrary to the provisions of section 14a(b) to (g) with regard to the tariff for that cemetery as set out in the First Schedule or in the Second Schedule.
(a1)Notwithstanding the provisions of any law, where the collection of an additional payment over and above burial fees pursuant to section 266 of the National Insurance Law [Consolidated Version], 5755-1995, within the meaning of that section, is permitted, a person shall not collect in connection with the burial of a deceased person in the Barak Regional Cemetery a payment as aforesaid in an amount exceeding the amount specified in the Second Schedule in accordance with the type of burial plot.
(b)A person who manages a cemetery or who is engaged in the sale of burial plots in one's lifetime shall disclose to every person who wishes to purchase a burial plot in his lifetime, in writing, prior to the purchase, every material detail relating to the purchase of a burial plot as aforesaid, including the amount payable for the burial plot, discounts to which the purchaser is entitled and options for purchasing burial plots in the cemetery; information as aforesaid that does not relate to a specific purchaser shall be displayed in a prominent place in the offices of that person, in Hebrew, English, Russian and Amharic.
(c)The provisions of the Consumer Protection Law, 5741-1981, shall apply to a sale pursuant to this section; the provisions of this section are in addition to the provisions of the said Law.
Penalties§
14a5.
(a)A person who contravenes the provisions of sections 14a3(b), (c) or (d), or 14a4, is liable – to the fine prescribed in section 61(a)(3) of the Penal Law.
(b)An office holder in a corporation is obligated to supervise and do everything possible to prevent offences under sections 14a3(b), (c) or (d) or 14a4 by the corporation or by any of its employees; a person who contravenes this provision is liable – to the fine prescribed in section 61(a)(3) of the Penal Law; for the purposes of this section, "office holder" – an active manager in a corporation, a partner, other than a limited partner, or an officer responsible on behalf of the corporation for the area in which the offence was committed.
(c)If an offence under sections 14a3(b), (c) or (d) or 14a4 was committed by a corporation or by any of its employees, it shall be presumed that an office holder in the corporation contravened his duty under subsection (b), unless he proved that he did everything possible to fulfil his duty.
Update and Amendment of the Schedule§
14a6.
The amounts set out in Part 1 of the First Schedule shall be updated at the beginning of each year in accordance with the consumer price index published by the Central Bureau of Statistics; the amounts set out in Part 2 of the First Schedule or in the Second Schedule shall be updated at the beginning of each year in accordance with the construction inputs index published by the Central Bureau of Statistics; updated amounts as aforesaid shall be published within 30 days after each update in Reshumot (Official Gazette) and in a newspaper; for the purposes of this section, "publication in a newspaper" – as defined in section 1a of the Planning and Building Law, 5725-1965.
Dedicated Fund§
14a7.
(a)A local authority, religious council or burial society that handles the burial of the deceased in a cemetery and collects tariffs as set out in Part 2 of the First Schedule (hereinafter – burial licensee) shall maintain a development fund whose receipts shall be moneys received for the sale of burial plots in one's lifetime at a rate to be determined by the Minister, which shall not be less than 50% of such receipts, as well as all support funds, grants or other participation from the State budget for the purposes of developing dense burial, to the extent that they are provided (in this section – development funds), which shall be used solely for the development of structures and infrastructure intended for dense burial.
(b)The development fund referred to in subsection (a) shall be managed by the treasurer of the burial licensee and the development funds shall be held in one or more bank accounts in which only development funds shall be held; the development fund shall be managed in a manner that enables tracking of the fund's receipts from every source and the expenditures made from it.
(c)The development funds and the right of a burial licensee to receive funds as aforesaid shall not be chargeable, unless the charge (security interest) is created in favour of a person with whom the burial licensee has lawfully contracted in an agreement for the construction or acquisition of structures or infrastructure intended for dense burial or for the performance of specific work in the framework of the planning, construction, acquisition or expansion of structures and infrastructure intended for dense burial, or in a loan to finance any of these; for this purpose, "charge (security interest)" – including an assignment by way of charge (security interest).
(d)The development funds and the right of a burial licensee to receive funds as aforesaid shall not be attachable, unless the attachment is imposed by a person with whom the burial licensee has lawfully contracted in an agreement for the construction or acquisition of structures or infrastructure intended for dense burial or for the performance of specific work in the framework of the planning, construction, acquisition or expansion of structures and infrastructure intended for dense burial, or in a loan to finance any of these, due to non-payment of moneys for the acquisition or performance of that work, or non-repayment of the said loan.
Duty of Reporting§
14a8.
(a)A burial licensee and a cemetery council shall submit to the Minister, annually, and no later than 31 March, a report which shall include, inter alia, the following details:
(1)a breakdown of its income and expenditures with respect to the cemetery in which it handles the burial of the deceased in the year in respect of which the report is submitted;
(2)a breakdown of burial plots sold in that year, including burial plots in one's lifetime in dense burial and in non-dense burial;
(3)a report on the progress of construction of burial compounds using the dense burial method.
(b)The Minister shall prescribe rules regarding the details of the report pursuant to this section, the manner of its preparation and the methods of its compilation.
(c)A report pursuant to this section shall be open for public inspection, free of charge, at the main office of the Ministry for Religious Services and shall be published on the website of the Ministry.
Duty of a Service Provider to Display Information§
14a9.
A person who provides services as referred to in section 14b shall display in his offices, in a prominent and clearly legible manner, a detailed map of the cemetery, signed by a representative of the National Insurance Institute, indicating the blocks and plots in the cemetery, including the defined areas in which the service provider is entitled to collect a service fee and other payment, in connection with the burial and the erection of the monument, in addition to the burial fees pursuant to the National Insurance Law [Consolidated Version], 5755-1995.
Deceased Transfer Services§
14a10.
(a)A person who transfers a deceased person, including a licence holder lawfully entitled to engage in burial, shall not sell, offer for sale or otherwise market, at the time of the transfer of the deceased or at the time of entering into an agreement for the transfer of the deceased, a product or service related to the death, including funeral arrangements, burial and the erection of the monument (in this section – sale).
(b)The provisions of subsection (a) shall not apply to a sale by a licence holder lawfully entitled to engage in burial, which is permitted to him under the terms of the licence.
(c)A person who engages in the transfer of deceased persons who enters into an agreement with a person for the purpose of transferring a deceased person for burial and who is not a licence holder entitled to engage in burial, shall notify that person, prior to entering into the agreement with him, that he is entitled to receive the deceased transfer service free of charge from a body that is a licence holder entitled to engage in burial operating in the place of residence of the deceased or in the place of death.
(d)The burden of proof with regard to the giving of the notice referred to in subsection (c) is on the person who engages in the transfer of deceased persons, except with regard to subsection (e)(2).
(e)A person who does any of the following is liable – to a fine as referred to in section 61(a)(1) of the Penal Law, 5737-1977:
(1)transfers a deceased person and at the time of the transfer or at the time of entering into an agreement for the transfer sells, offers for sale or otherwise markets a product or service related to the death, contrary to the provisions of subsection (a);
(2)engages in the transfer of deceased persons, who is not a licence holder entitled to engage in burial, who enters into an agreement with a person for the purpose of transferring a deceased person for burial, and does not notify the person with whom he is entering into the agreement, prior to entering into the agreement, that he is entitled to receive this service free of charge from a body that is a licence holder entitled to engage in burial, contrary to the provisions of subsection (c).
(f)Without derogating from the provisions of the Consumer Protection Law, 5741-1981, a person who engages in the transfer of deceased persons shall not enter into an agreement with a relative of a deceased person for the purpose of the transfer of the deceased while exerting pressure on the relative, harassing him or exploiting the relative's distress related to the death.
(g)If a court finds that a person who engages in the transfer of deceased persons entered into an agreement with a relative of a deceased person for the purpose of the transfer of the deceased and knowingly contravened the provision of subsection (f), it may award damages that are not contingent on loss, in an amount not exceeding 5,000 New Israeli Shekels.
(h)Nothing in the provisions of subsection (g) shall derogate from the right of a person to damages or to any other remedy pursuant to any law, in respect of the same contravention.
Rules for the Provision of Services§
14b.
(a)The Minister, in consultation with the Minister of Labour and Social Affairs and with the approval of the Interior and Environment Quality Committee of the Knesset, shall prescribe rules for the provision of services related to funerals, burial and bereaved families, as well as tariffs for such services and for the erection of monuments, all subject to the conditions and criteria prescribed for the said matters pursuant to the National Insurance Law [Consolidated Version], 5728-1968.
(b)The Minister shall supervise the manner of provision of the services and the tariffs referred to in subsection (a).
Regulation of the Use of a Ritual Bath§
14d.
(a)In this section, "ritual bath" – a roofed place in the possession of a religious council that is intended for immersion for purposes of ritual purity or conversion.
(b)A religious council may refrain from entering into an agreement for the purpose of use of a ritual bath, even if it has entered into such an agreement with the State or with any of its authorities.
Implementation and Regulations§
15.
(a)The Minister is charged with the implementation of this Law and may make Regulations on any matter relating to its implementation, including, inter alia, Regulations regarding –
(1)the appointment of members to a council in place of members whose place has become vacant;
(2)elections of city rabbis; for this purpose, "city rabbi" – a rabbi of a locality that is a municipality or local council (local rabbi);
(3)licensing of companies for Jewish burial matters, provided that it is ensured that a licence shall be granted only to a body that has demonstrated that it is capable of making the administrative and financial arrangements required for the fulfilment of its functions; for this purpose, a local authority and a council shall be regarded as a body that has demonstrated that it is capable of making such arrangements;
(4)the establishment of Jewish cemetery councils at the request of the companies engaged in the burial of Jews in the locality, of the local authority or of the council, and the definition of the functions of the cemetery councils.
(b)A company for Jewish burial matters and a Jewish cemetery council may, with the approval of the Minister and in accordance with Regulations that he has made for this purpose, impose fees for their services.
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LawReligion & State
חוק שירותי הדת היהודיים [נוסח משולב], תשל"א-1971
Jewish Religious Services Law
Khukat Sheruti HaDat HaYehudim
Religious Services Law 1971
Jewish religion law Israel
Sheruti HaDat
rabbinical services law
Jewish religious authority
Chief Rabbinate law
kashrut law
Jewish marriage divorce law