A coalition with a black flag above it

When Judge Procchia called for the flag, President Hayut remained silent

by Avraham Yaakov

עיתון בין אויבים

A newspaper among enemies

Judge Procchia called the public to take to the streets. President Hayut was silent. The president's silence is deafening. Does her silence point to the accepted legal interpretation that rests on a Talmudic issue, according to which the non-negation is the same as the affirmative, and that there is no need to present both sides of a condition, since one points to the other, and in this case the silence points to the affirmative. According to this interpretation, President Hayut supports Judge Procchia's words; Our legal commentator, Avraham Yaakov, former vice president of the Central District Court, analyzes the reaction of the Supreme Court according to Judge Procchia.

Retired Supreme Court Judge Ayala Procchia called last week to act against the intention to enact the overcoming clause "In full force and in a variety of legitimate means", led by a mass protest. The President of the Supreme Court, Judge Hayut, heard the words, and apparently even knew about them in advance, but did not react after they were said. In this sense, the silence of the president Hayut thunders.

In a speech at the conference last week, Procchia, who retired from the court 11 years ago, said that the proposed changes to the judicial system would harm "the value image of Israel before the world, before the international institutions and before the Jewish communities in the Diaspora."

Judge Proccia called on several officials, including former judges, to protest the intention to harm the power of the High Court. She added that "the general public, whose power is always the greatest of all, is already aware of the capabilities of a mass protest and has already experienced its power." These words of the Honorable Judge (retired) Procacia express well what every person with eyes in his head feels and knows, especially the community of lawyers in Israel. I don't remember a case in the past where a sitting or retired judge called for a mass protest by the public in general and former judges in particular. This is a clear and sharp statement that has never been heard in our places.

The importance and strength of these things are reinforced by the fact that no reservations have yet been heard from both President Hayut and retired judges, including retired judges of the Supreme Court. There are those who will say that from a negative you hear a positive, but this is only an estimate.

From negation you hear positive is a rule in Talmudic logic. It means that if the negative side of the thing is said or if nothing is said in response to any statement, it can be concluded about the positive side. And in its opposite form, giving you a positive you hear a negative: if the positive side is said it can be concluded about the negative side. The rule stems from one of the explanations in the Talmud according to which it is enough to say one side of the condition since it points to the existence of the other.