Palestine Gazette 898, supplement 2, 459, included also the Jewish Community, which ceased to be organized as such upon the establishment of the State of Israel. 4 § 7, Women's Equal Rights Law, 5711-1951: 'All courts shall act in accordance with this Law; a tribunal competent to deal with matters of personal status shall likewise act in accordance therewith, unless all the parties are eighteen years of age or over and have consented before this tribunal, of their own free will, to have their case tried according to the laws of their community'; § 13(b), Spouses (Property Relations) Law, 5733-1973: 'In a matter dealt with by the Law, a religious court shall act in accordance with the provisions of this Law unless the parties have agreed before such court to litigate in accordance with religious law.' 5 Cf., e.g., HCJ 1000/92 Bavli v. The Great Rabbinical Court, 48(2) PD (Pisqei Din, Collection of Judgments of the Israel Supreme Court) 221. In that case the Supreme Court held that: (1) the Rabbinical Court must take account of the equality between men and women and, consequently, it can no more apply the Jewish law rules which would have deprived the wife of most of the property acquired during the marriage; (2) Furthermore, the Rabbinical Court must recognize property rights acquired under Israeli civil law and protected under Israeli Constitutional Law, and cannot apply Jewish law to derogate from such rights. Cf. P. Shifman, 'The Rabbinical Courts-Where are They Heading?', 1994 Mishpat Umimshal-Law and Government in Israel 2, pp. 523 et seq.

SummaryThe author discusses the conflict in Israel between the public interest in archaeological research and the religious convictions that human remains, once buried, should not be touched. The conflict is exacerbated by urban development, which, in this ancient land, necessitates rescue excavations of tombs, thus bringing the problem to a head. The article examines, first, the rules of Jewish law, which, the author contends, have made it possible to accommodate the interests of the living, and, secondly, the scientific value of the archaeological excavation of tombs, using recent examples as illustrations. The author concludes that Jewish law could be interpreted and applied more flexibly and could then be reconciled with Israeli law. However, even if such a development were not to take place, then, in keeping with democratic values, government officials and the courts would be required to follow the policies established by the legislator, a balance between the conflicting interests having already been embodied in the law.