The Chief Rabbinate and its overseeing council must evaluate whether the rabbinic organization Tzohar is entitled to a license as a kosher-certification body, the High Court of Justice ruled over the weekend.

The ruling came in response to a protracted period of postponements since the government has been working on structural changes in the kashrut system.

Reform legislation in 2021 opened the possibility for independent bodies to issue kosher certifications. Until now, the rabbinate had not initiated any applications or licensing processes.

After the rabbinate repeatedly delayed Tzohar’s application on the basis of pending reform, the court intervened. It ruled that existing law must be applied, and that Tzohar must either be licensed or formally rejected without further delay.

The government recently requested an additional three months to present final changes to the kashrut law. The reform was initially expected to expand the number of kosher-certifying authorities and reduce the rabbinate’s monopoly.

A Tzohar kashrut sticker in a window
A Tzohar kashrut sticker in a window (credit: MARC ISRAEL SELLEM)

The extension was requested because drafting the legislation proved more complex than anticipated, the government said.

Ready and willing to comply with rabbinate requirements

Tzohar submitted its application months ago but encountered repeated postponements. The rabbinate repeatedly deferred decision-making, citing the ongoing legislative process and saying the matter should await the reform’s final implementation.

The court ruled that justifications based on anticipated legislation do not excuse failure to act under the existing legal framework.

Justice Alex Stein said the panel emphasized that administrative authorities must comply with current law.

“An authority cannot rely on future change to avoid present obligation,” he wrote in the ruling.

After finding the rabbinate’s explanations insufficient, the court accepted Tzohar’s petition that the rabbinate must evaluate Tzohar’s eligibility under the Kosher Fraud Prevention Law of 1983 and, if the criteria are met, grant the license. It was also ordered to pay Tzohar NIS 30,000 in legal costs.

Rabbi Emmanuel Guedj, Tzohar’s kashrut director, said the organization welcomed the verdict.

“Since Tzohar operates according to accepted halachic standards and has already declared its readiness to comply with all of the rabbinate’s requirements, this is a necessary and just ruling,” he said.

“We expect the Religious Services Ministry to act swiftly to implement the decision and for the rabbinate to evaluate Tzohar in the same professional and equal manner as any other body,” he added. “Tzohar Kashrut will continue to operate with full adherence to halacha, alongside transparency, fairness, and a welcoming approach to the public.”

The judgment is significant not only for Tzohar but for the wider kosher-certification landscape. The 2021 legislation capped the rabbinate’s exclusive control over kashrut certification, but critics have said its implementation was stalled and lacked transparency.

The court’s intervention signals that delays tied to reform cannot indefinitely delay decisions. The ruling may accelerate the entry of independent certifying bodies into Israel’s market.

As the government continues crafting the detailed amendment, organizations such as Tzohar now have clear legal backing to push for recognition under current law, and the rabbinate must respond accordingly.

The repercussions may include increased competition, more transparency in certification costs and oversight, and a reshaped relationship between the state, religious institutions, and food-industry players.