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‘A battle of Jews against Jews’? Arab Israelis debate whether and how to join Israel’s democracy protests
TAYIBE, Israel (JTA) — Prominent figures among Israel’s Arab minority are calling on its members to join the mass protests against the Netanyahu government’s judicial overhaul plan, arguing that Arabs will be the first victims of any weakening of the Supreme Court.
“If the government succeeds it will make our chances for equality and a just peace more remote,” said Suheil Diab, former deputy mayor of Nazareth, Israel’s largest Arab city, and one of the organizers of a nonpartisan push to get Arabs to demonstrate alongside their Jewish counterparts.
“If we don’t repel the attack on the judiciary, we can’t go forward with our agenda,” Diab went on. “I want Arabs to participate and to know that participating is in their interest.”
The proposed reforms would give the Knesset — now controlled by a right-wing coalition — the power to override Israel’s Supreme Court, in a move that proponents say is needed because, in their view, the court has grown too liberal and out of step with popular sentiment. Leaders of some of the parties in the coalition have called for curbing rights of LGBTQ Israelis, non-Orthodox Jews and Arab Israelis. At least one of them has openly suggested that Arab citizens who are “disloyal” should be deported.
Diab and other Arab leaders fear that without the protection of the Supreme Court, the Arab minority might face measures limiting funding, access to jobs and opportunities and even their political representation. Even expulsion feels like a realistic concern given the far-right influence in the government, he said.
”We need to convince a distinct share of the Jewish majority that both of us are threatened,” Diab told the Jewish Telegraphic Agency. “The only way is a shared Jewish-Arab struggle.”
But while massive protests including tech entrepreneurs, army reservists, academics and others have shown the extent of determination among Jews to stop the government’s bid to legislate what it terms “judicial reform,” Arab Israelis, who make up one-fifth of the population, have hardly turned out.
This dynamic has been true in the Knesset as well as in the streets. Mansour Abbas, the leader of the Arab Ra’am Party, has said he opposes the changes, but when he was invited to participate in a press conference with other leaders of the political opposition, he declined.
Palestinian flags were seen at some of the early pro-democracy protests in Israel, such as at this one in Tel Aviv Jan. 14, 2023, but have appeared less frequently since. (Gili Yaari/NurPhoto via Getty Images)
A push to get Arabs to participate in the protests began Friday with publication of a petition calling for public activism, inked by more than 200 Arab personalities, including retired judges. A gathering here on Saturday sought to work through thorny questions about what Arab participation might look like, and what demands it might make.
Getting Israeli Arabs to the protests that have become a recurring feature of life in cities across Israel every Saturday night won’t necessarily be easy. The push is likely to run up against perceived disenfranchisement on the part of Arab Israelis, whose political parties have rarely been part of governing coalitions and whose participation in electoral politics has been portrayed in the past as illegitimate by Prime Minister Benjamin Netanyahu and his allies.
Another likely obstacle is a narrow focus for the protest organizers, almost all Jewish.
In the first weeks of the protests in January, Palestinian flags raised by protesters drew criticism from right-wing and pro-government pundits. National Security minister Itamar Ben-Gvir called for a ban on the flag in public and warned that those waving Palestinian flags in future demonstrations would be arrested. Fewer Palestinian flags were seen in the following weeks, and issues relating to the Israeli occupation of the West Bank or to the new government’s attitude toward the Israeli-Palestinian conflict were all but dropped from the agenda. An Israeli activist who asked to carry a Palestinian flag while speaking was declined.
The organizers do not seem interested thus far in broadening the agenda, and only a few Arab speakers have been featured in the demonstrations. Just hours after the Tayibe meeting on Saturday, Reem Hazzan, a leader of the predominantly Arab Hadash party in Haifa, was told by organizers who reviewed a copy of her planned speech to make changes to it. She refused and there was no Arab speaker.
Haaretz quoted unidentified organizers as saying the problem was that Hazzan refused to call in her speech for the Arab public to turn out for the protests. But Hazzan, in remarks to JTA, said she sees a deeper problem.
“We want to change the rules of the game, not just preserve what exists. What exists is not good,” she said. “We need to speak about the occupation and about discrimination. If you want Arabs to participate you must take into account that Arabs have an agenda.”
Exactly what that agenda should be was under debate during the gathering in Tayibe, a sprawling town in central Israel that like many Arab municipalities suffers from spiraling crime and violence.
“People say it’s a battle of Jews against Jews; others say they don’t want us there so why should we go and others point to times when the court sided against us,” said Mohammed Ali Taha, 82, former head of the Arab Writers Association, who spoke at the Tayibe gathering.
Arab Israelis cast their vote at a voting station in Tayibe, Nov. 1, 2022. (Jamal Awad/Flash90)
“It’s all true,” he continued. “But still we must join the protests because we will be the primary losers. When the far right rises, it strikes against the weak. We are the weak.”
With no constitution, Israel lacks any explicit guarantee of equality for all its citizens. Some laws, including those ensuring the right for immigration, advantage Jews. To the extent that Arabs have been able to challenge discrimination in recent decades, it has been largely through the Supreme Court inferring equality on them based on liberal legislation such as the Basic Law: Human Dignity and Freedom, passed in 1992, which specifies, “Every human being is entitled to protection of his life, body and dignity.” Critics of the proposed reforms warn that they could result in the rollback of that basic law.
The court has also at times ruled against Arab Israeli interests, such as when it refused to consider petitions against the 2018 Nation State Law, which enshrines Jewish settlement as a national value, declares that national self-determination in the state of Israel is “unique to the Jewish people” and demotes Arabic from an official language.
Tayibe’s deputy mayor, Malik Azzem, said that despite its mixed record, an independent Supreme Court is essential for Israeli Arabs.
“The High Court is our last defense for our rights as a minority,” he said. “The struggle for our rights is not separate from this struggle. We need to mobilize the public.”
He added that as an elected official, he fears that without the court’s oversight, the government would simply cut the budgets of Arab municipalities.
”People need to raise their voices and join,” Azzem said. “We should be at the center of the demonstrations. We are already late in dealing with this.”
Taha, the writer, whose works often focus on the Nakba, an Arabic term meaning catastrophe that is used to describe the plight of Palestinians after Israel’s 1948 War of Independence and which he lived through as a child, told the gathering: ”Without Jewish-Arab cooperation we cannot achieve anything. This is an opportunity for cooperation.”
He said he believes Arab Israelis are today more vulnerable than they have been at any time since the period that they lived under military rule, from 1948 to 1966. At that time they were so restricted that they could not travel within Israel without permits. The danger today, he says, is due to the clout of far-right ministers Ben-Gvir and Bezalel Smotrich, who have expressed anti-Arab views and, in Ben-Gvir’s case, even called for the expulsion of “disloyal” citizens.
“If they succeed it will be worse for us than military rule was,” Taha said. To avert this, he argued, Arabs need to join the protests alongside Jews even if it means not raising Palestinian flags.
”It’s not the time and place for a protest about a Palestinian state,” he said. “This could cause conflict among the protesters.”
But to others, the idea of protesting without highlighting the need to end both the occupation and inequality is akin to denying one’s very identity.
“I’m against participating in any demonstration that is embarrassed to talk about context and the occupation. I support something broader,” said Sondos Saleh, a former member of Knesset for the Arab Ta’al party.
Sondos Saleh, an Arab Israeli politician then on the Joint List Party candidate list, speaks during a press conference in Tel Aviv, Feb. 23, 2021. (Miriam Alster/Flash90)
Merav Ben-Ari, a legislator for the largest opposition party, Yesh Atid, told JTA she would welcome greater Arab participation in the protests. ”Anything that strengthens the protests is excellent,” she said.
But she showed little enthusiasm for talking about many of the topics that animate Israeli Arabs in the political sphere, including the core one that liberal critics of the protest movement say is being given short shrift.
“How is the occupation connected?” Ben-Ari asked. “What is needed is to talk about the reform. Everyone who loves the country and cares about it has to fight against the reform and the harm to the Supreme Court.”
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The post ‘A battle of Jews against Jews’? Arab Israelis debate whether and how to join Israel’s democracy protests appeared first on Jewish Telegraphic Agency.
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The Supreme Court considers ‘chutzpah’ case as rabbinical and civil courts collide
Can courts instruct a rabbinical court to withdraw accusations of chutzpah? This unlikely question was posed to the U.S. Supreme Court this month when a nursing home dispute offered a rare window into how American courts and rabbinical courts operate in parallel. The case illustrates how law – and life – get messy when one encroaches on the other’s authority.
The case centers on an ownership dispute over a New York nursing home, with millions of dollars at stake.
To resolve the dispute, one of the parties — Samuel Strulovitch — turned to a beit din, or rabbinical court, in Monsey, New York. Rabbinical courts across the United States regularly resolve a wide range of business disputes like this one. Beit dins have been growing across the U.S., with more locations, increasing caseloads, and a growing number of rulings popping up in civil courts.
Their popularity reflects two legal systems working together. First, Jewish law generally requires disputes between Jews to be resolved before rabbinical courts rather than civil courts — a rule that, like any good Jewish law rule, comes with plenty of exceptions and caveats. Second, American law treats rabbinical arbitration like other forms of commercial arbitration. When parties voluntarily agree to arbitration, a civil court will generally confirm the resulting “award,” giving it the force of a legal judgment. Going to a beit din thus serves two purposes simultaneously: satisfying a religious obligation and resolving a commercial dispute.
In this case, overlapping interests of multiple investors complicated matters. Strulovitch obtained an award from the Monsey beit din granting him an ownership stake in the nursing home. But the proceeding included Strulovitch and one co-owner, while other owners never agreed to submit the dispute to that beit din. That agreement matters to American courts because arbitration rests on consent, and a beit din’s award cannot bind parties who never agreed to its authority.
The result was more than two years of litigation in two civil courts and three rabbinical courts. That litigation ultimately wound its way before Judge Linda Jamieson of Westchester County, New York. Initially, she barred Strulovitch from confirming or enforcing the original rabbinical award while the court considered whether it affected the rights of investors who had never agreed to arbitration. The bar on civil enforcement was largely uncontroversial: deciding whether a religious ruling should carry the force of an American legal judgment is the civil court’s job.
A second injunction, however, transformed this commercial dispute into a constitutional controversy worthy of the Supreme Court’s attention. After Strulovitch summoned another investor, Moshe Bain, before a Brooklyn beit din, Bain asked Jamieson to bar proceedings in any other forum, “including any beis din,” which she did. In Jamieson’s view, the new beit din proceeding could encompass the same ownership disputes already before her court.
The beit din, however, viewed the order as a form of judicial overreach into religious matters. It thus issued a seruv — a religious contempt order that can expose its target to communal shunning — against Bain, citing the “chutzpah of enjoining [Strulovitch] from pursuing his Halachic rights.” The rabbis emphasized that the beit din had acted “of its own volition,” without any request from Strulovitch or his agents following Jamieson’s injunction.
Such a contempt order, of course, carries no civil legal force, but can have reputational consequences — and trigger social sanctions — within the Jewish community. Judge Jamieson nevertheless viewed the beit din’s actions as an attempt to circumvent her injunction and draw the dispute away from her court. She therefore ordered Strulovitch to “take all steps necessary” to have the beit din withdraw it, “including withdrawing the entire proceeding.” And while Strulovitch argued that intervening in internal rabbinical court matters violated the First Amendment, Jamieson concluded that the matters before the beit din were “not religious,” but commercial disputes that her court had authority to resolve under secular law.
It is here that the judge began to veer from her lane, causing Strulovitch to seek emergency relief from the Supreme Court. By requiring Strulovitch to seek reversal of a religious contempt order that has no civil consequences, the court moved beyond determining civil legal rights and into matters of religious practice. Participation in a beit din is both a means of resolving a commercial dispute and a religious requirement, which under Jewish law is no different than observing Shabbat or keeping kosher. Its commercial subject does not erase its religious significance. And under the First Amendment, it is the believer, not the state, who defines what his faith requires.
The key constitutional question is which authority gets to decide. Courts should decide legal questions, such as whether to enforce an agreement to arbitrate before a beit din or give its award the force of a legal judgment.
But questions of whether to pursue a case in beit din or religiously sanction a party for refusing to participate generally stand beyond the court’s authority so long as those decisions do not violate an independent civil legal right.
The same holds for a religious obligation to pay: A civil court can decline to enforce a beit din’s award, but whether Jewish law nevertheless requires payment remains a matter for the beit din. By demanding Strulovitch work to withdraw the seruv, however, Jamieson crossed into determining religious matters — precisely the sphere the First Amendment protects from judicial interference. That boundary makes this case worthy of Supreme Court inquiry: a judge can decide whether a religious ruling has legal force, but deciding what Jewish law counts as chutzpah is another matter.
For now, the Supreme Court has left those questions unresolved. Justice Sonia Sotomayor required Bain to formally respond to Strulovitch’s request — a sign that it warranted closer consideration. And while she ultimately declined to intervene, she left the door open for him to return once the case played out in the New York courts.
No doubt, as the beit din system grows, harder questions will emerge. But a good rule of thumb is this: Matters of religious doctrine, or of a party’s standing in a religious community, generally lie beyond a civil court’s reach, so long as they leave the party’s rights under American law untouched. Matters that affect those rights belong to the civil courts, even if they also implicate matters that Judaism considers religious. That is how these parallel legal systems can operate alongside one another — each staying in its lane.
(Both of us are affiliated with the Beth Din of America, which is not involved in this case.)
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Huckabee calls settler attack on Washington Post photographer a ‘despicable act of terror’
(JTA) — U.S. Ambassador to Israel Mike Huckabee on Saturday condemned an attack in the West Bank by masked settlers on a Washington Post photographer. The attack, which also targeted Palestinians harvesting their olives, occurred Friday and comes amid a sharp rise in settler violence.
Heidi Levine, the Washington Post photographer who holds U.S. citizenship, described the attack to reporters from her hospital bed.
“I got jumped and I saw in the very beginning at least 25, maybe 50 of them, and I was on the ground and they were kicking me for like 10 minutes,” she said.
“We have called for a full investigation, arrest, and prosecution to the fullest extent of the law to whoever participated in this,” Huckabee wrote on X. “Attacking a female photographer is a despicable act of terror carried out by masked cowards. Dishonorable act of senseless violence.”
Israeli President Isaac Herzog also condemned the “shocking violence” and said he had called Levine to apologize. “I expressed my deepest sorrow to Heidi and apologized for what she went through. The despicable behavior of the perpetrators of this attack does not represent the citizens or the values of the State of Israel.”
Video footage from the scene shows masked settlers surrounding and attacking Levine. Some settlers at the scene were masked and carrying weapons. Palestinians can also be seen throwing stones toward the settlers.
A Palestinian was reportedly shot in additional clashes in the area. The Israel Defense Forces alleged in an official statement that soldiers “fired toward a suspect who ran toward them, carrying a sharp object and posed a threat.” Several vehicles were set on fire by the settlers.
Prime Minister Benjamin Netanyahu was equivocal in addressing the attack, stopping short of directly condemning the assailants.
He said that the circumstances in which Levine was allegedly assaulted “remain unclear,” while adding that “Israel unequivocally condemns violence against anyone.”
According to Netanyahu’s statement, “200 Arabs and far-left activists confronted approximately 40 Israeli youths.”
“We will not allow disputed incidents to be exploited to demonize the hundreds of thousands of law-abiding Jewish residents of Judea and Samaria,” the statement said, using the biblical names for the West Bank.
Netanyahu faces elections in less than two weeks and can ill afford to alienate his far-right coalition partners who are aligned with extreme settler factions.
Israeli opposition leader Yair Lapid, by contrast, issued a forceful condemnation of the attack and linked it to the policies of Netanyahu’s government.
“Jewish terror attacks, this time targeting a Washington Post photographer as well, are not a failure of the government — they are the government’s policy,” Lapid said.
“We will put an end to this. It is a disgrace to the State of Israel, a disgrace to the Jewish people, and a disaster on the international stage,” he added. Settler violence against Palestinians in the West Bank has surged since the Oct. 7, 2023, Hamas-led attack on Israel. Netanyahu’s government has sought to downplay the phenomenon, often portraying the perpetrators as a small group of violent youths. But numerous figures in Israel’s political and security establishments have warned that the violence is a broader and dangerous phenomenon.
Levine told reporters the settlers forcibly took her equipment. “All I remember afterwards is that Palestinians managed to come and rescue me and try to carry me, and then an ambulance came,” she said.
The IDF acknowledged the incident in an official statement, saying that “a female journalist was injured” during a “confrontation.” The military said troops dispersed those involved and that “details of the incident will be examined.”
“Violence against innocent civilians is a grave and intolerable phenomenon that requires a coordinated, multi-agency response. The IDF will work together with the relevant authorities to eradicate this phenomenon,” the military said.
The IDF did not announce any arrests in connection with the attack. Settler violence against Palestinians in the West Bank has frequently gone unpunished, with many such incidents resulting in no arrests.
The Foreign Press Association, which represents international media in Israel and the Palestinian territories, condemned the attack, saying Levine was “badly beaten by Israeli settlers” and had sustained moderate injuries.
“This is the latest in a long line of violent attacks by Israeli settlers against journalists and other civilians in the occupied West Bank. Yet our repeated calls for action to confront this lawlessness have been ignored by Israeli authorities,” the association said.
Matt Murray, executive editor of the Post, issued a statement calling for an investigation. “While we are relieved that Heidi has received medical care and is safe, we are outraged by this unwarranted attack on a journalist doing her job and urge a thorough investigation and follow-through from authorities,” Murray said.
The post Huckabee calls settler attack on Washington Post photographer a ‘despicable act of terror’ appeared first on The Forward.
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As Netanyahu loses support before election, Ben-Gvir rises in polls
(JTA) — RAMLA – Prime Minister Benjamin Netanyahu and the parties in his coalition seem to be losing support heading into Israel’s first election since Oct. 7 – with one exception. Otzma Yehudit, headed by Minister of National Security Itamar Ben-Gvir, is seeing a rise in the polls.
Ben-Gvir’s growing popularity ahead of the Oct. 27 election was on full display on a recent weekday when the far-right politician, surrounded by a massive entourage of security guards, police and flag-waving fans, made his way through the central Israeli city of Ramla’s marketplace.
Yet, amidst the cheering and celebration, the extreme nationalism that has contributed to his meteoric rise through the ranks of Israel’s political system – and made Ben-Gvir a household name even beyond Israel’s borders – also drew ire and deep-seated fear in this city known for its mixed Jewish-Arab population.
“Here comes the next defense minister,” a gaggle of teenage boys in matching Ben-Gvir T-shirts chanted as the minister walked through the market, greeting shoppers and stallholders begging for selfies. Ben-Gvir has his sights set on being Israel’s next minister of defense, a huge promotion from his current role managing internal security.
At several of the stalls, the controversial minister stopped to embrace vendors. At a pickle stand, he sampled olives. At a candy store, the owner joyously threw handfuls of small candies over the passing group. And at a juice stand, Ben-Gvir and his entourage were treated to complimentary cups of lemonade.
The minister, elated by the welcome, smiled and waved at passersby, grabbing phones to take selfies, and even chatting with excited fans on video calls.
Beyond the celebration in Ramla, however, Ben-Gvir has been condemned in Israel and beyond for calling for the expulsion of Gazans and using dehumanizing language about Palestinians. A disciple of Jewish extremist Meir Kahane, he for years kept a photo of Baruch Goldstein, who mowed down Palestinian worshippers at a Hebron mosque, in his living room.
It is not only his rhetoric and symbolic gestures that have drawn polarizing admiration and anger. During his four years as national security minister, Ben-Gvir has actively downgraded conditions in Israeli jails, pushed through a law establishing a death penalty for Palestinian terrorists and has led the police during the proliferation of settler violence against West Bank villagers.
These measures have earned opprobrium abroad, but they appear to be winning votes. His supporters are ever more impressed with how he puts his words, and paperwork, into action – and shares it proudly on TikTok.
Polls published this week show that even as Netanyahu and his coalition partners are losing votes to the opposition bloc led by former IDF chief Gadi Eisenkot, Ben-Gvir is getting more. Otzma Yehudit, translated as “Jewish Power,” is predicted to increase from its current six seats to as many as nine.
On the ground, in the marketplace in Ramla, Ben-Gvir’s visit drew extreme reactions ranging from sheer joy to pure anger.
“I love Ben-Gvir,” gushed Hodaya Nabara, 52, who seconds before snapped a selfie with the politician. “He does what he says he will do.”
A resident of southern Israel, Nabara said she was most impressed by how he had ordered the demolition of illegally built homes, in some cases whole villages, built by the burgeoning Israeli Bedouin population, in the Negev region where there is little oversight of construction, and where Bedouin say the government neglects their needs.
“They need to know there is a red line and they can’t do whatever they want,” she said.
But as the entourage passed by Michal Sharabi, the 53-year-old began hurling insults at him and shaking.
“I can’t stand him at all, because of him there is no peace in this country,” she told JTA after calming down. “He is a lowlife, and the people going with him don’t believe in themselves. Is he not embarrassed to come to this city, where Jews and Arabs live together … It’s a chutzpah. I’m furious.”
In a nearby grocery store, a mixed group of Arabs and Jews frowned at the unfolding spectacle.
“We don’t like being defined as Arabs or Jews; we are ‘Ramlaim’ (residents of Ramla),” insisted Uri, who said he was Jewish but declined to give his full name. “We are all neighbors here, and he is making people fight.”
His friend, Hamudi Abu Ghanam, said Arab residents of the city like him were impacted by the events of Oct. 7, 2023, when Hamas launched deadly raids inside Israel, just like the Jews, and many came to help out but that Ben-Gvir still incited against them.
“He is racist,” he said. “Since Oct. 7, we are all against Hamas, and instead of saying thank you, he comes and destroys people’s homes.”
Ben-Gvir’s stop in Ramla struck a particular nerve because the city, which is about 78% Jewish and 22% Arab, was a central point of tension in 1948 when Israel was created. For Arabs, the evidence of the Nakba, which Palestinians call the “catastrophe” of Israel’s creation that displaced the local Palestinian Arab population during its war of independence, is all around in ruins.
At one point on his jaunt through the market, two Arab girls donning traditional hijab headcoverings hovered nearby, but they quickly made a U-turn when they realized who was at the center of the commotion.
Some Jewish onlookers pointed to his theatrics as reasons they were unimpressed by him. Benny Muhtar, 68, a Jewish resident of Ramla, told JTA he thought Ben-Gvir was full of “hot air” – a populist with no substantial policies.
“Look at the young men surrounding him; they are making a lot of noise like this is a serious campaign … that is what is making the people look up and take notice, but none of it is real, and he is doing a lot of damage,” he said.
Others enjoyed the spectacle but, with less than two weeks to go until casting their vote, were still unsure whom they would choose.
“He’s done a lot of really good things,” said Edna Mahbesh, 65, who was handing out the free lemonade. “I really hope he is successful in the election.”
But she was not sure if she would actually vote for him.
“I’ll decide that next week,” she said.
Arbel Flehandler, 19, a first-time voter, stood on the side, watching in awe as the politician passed by.
“He is really good and does a lot of good things,” he said. “I am definitely going to vote for a right-wing party, but not sure if I will vote for him or not. This is my first time, and I am still thinking about it.”
Zehava Perets, 80, said the reactions to Ben-Gvir showed just how polarized Israel is right now.
“It is such a shame there are so many divisions,” she said. “I really don’t know who I will vote for … There are a few good people in each bloc, but it is impossible to get them to work together.”
Liron Lavie, an assistant professor in the Department of Political Studies at Bar-Ilan University, said the extreme reactions for and against Ben-Gvir “speaks to how politics works these days” – as politicians “connect with the electorate through emotional reaction and a sense of pride or fear.”
She said Ben-Gvir should be viewed as part of the “larger global trend where far-right parties are getting stronger.”
Lavie assessed that Otzma Yehudit benefited from the growing appeal of providing simple solutions and simple messaging – and that Ben-Gvir was especially effective on social media platforms such as TikTok.
“At the end of the day, people prefer simple messages,” said Lavie.
She also said that Ben-Gvir, despite being in the government on Oct. 7, had successfully distanced himself from that fact and positioned himself as a strong alternative to Netanyahu on the right.
“Likud and Netanyahu are losing ground,” she said. “They are being criticized about how they managed the situation, either from the center and left or from the right, allowing voters to go to Ben-Gvir, who was able to position himself as an [alternative] to Netanyahu from the right.”
This article originally appeared on JTA.org.
The post As Netanyahu loses support before election, Ben-Gvir rises in polls appeared first on The Forward.
