JERUSALEM — Israel’s Supreme Court has ordered that no invasive autopsies be conducted following the deaths of two infants at a Jerusalem nursery, overturning a lower court decision after an urgent appeal by ZAKA Search and Rescue’s Legal Affairs Unit. The ruling emphasized the importance of preserving Kavod HaMeit, the dignity of the deceased, while balancing investigative needs.
The case arose after the tragic deaths of two infants at a nursery in Jerusalem. As authorities began investigating the circumstances surrounding the fatalities, the families requested legal guidance and representation from ZAKA’s Legal Affairs Unit, which specializes in protecting the dignity of the deceased within Israel’s legal system.
According to ZAKA, the Legal Affairs Unit became involved immediately after the incident to ensure that investigative procedures complied with both legal standards and deeply held religious and ethical principles. Central to those efforts was the obligation of Kavod HaMeit, which seeks to prevent unnecessary disturbance of the deceased.
When Israel Police and the State Attorney’s Office petitioned the Jerusalem Magistrate’s Court for approval to conduct full invasive autopsies, ZAKA’s legal team objected. The unit argued that preliminary medical assessments had already indicated a likely cause of death and that those findings should be accepted in lieu of invasive procedures.
Despite those arguments, the Magistrate’s Court approved the autopsies. ZAKA responded within hours by filing an urgent appeal to the Supreme Court, exhausting what it described as every available legal avenue to prevent the procedures.
At the Supreme Court hearing, ZAKA’s Legal Affairs Unit presented an alternative framework designed to balance the needs of law enforcement with respect for human dignity. The team was led by volunteer attorney Dror Shosheim and Legal Affairs Unit Coordinator Michael Gutwein.
In its ruling, the Supreme Court overturned the lower court’s decision. The justices ordered that no autopsies be performed and instructed that the infants’ bodies be released for burial. The court underscored the importance of preserving dignity, particularly in cases involving children.
“This decision reflects not only religious law and legal reasoning, but human sensitivity,” Gutwein said in a statement released by ZAKA. “Our role is to stand beside families at the most painful moment of their lives and ensure that their children are treated with respect and care, even after death.”
Throughout the legal process, ZAKA said its team worked closely with rabbinic authorities and forensic professionals to explore non-invasive investigative alternatives. These consultations included discussions with Rabbi Asher Landau and staff at the Abu Kabir Institute of Forensic Medicine, Israel’s national forensic center.
In addition to legal advocacy, ZAKA’s Legal Affairs Unit guided the families through complex court proceedings. According to the organization, the unit ensured the families understood each stage of the process and that their concerns were clearly represented before the courts.
ZAKA CEO Dubi Weissenstern said the case highlighted the critical role of the organization’s legal arm. “ZAKA exists to protect dignity where it is most vulnerable,” Weissenstern said. “Our Legal Affairs Unit ensures that even in the most sensitive and complex investigations, families are not left alone and dignity is preserved.”
ZAKA U.S. Executive Director Moshe Rozenberg also praised the volunteers involved in the case. “Our Legal Affairs Unit is a critical tool in ZAKA’s holy work of Kavod HaMeit,” Rozenberg said. “In this case, our volunteers, attorneys who dedicated their time to stand by families in their darkest hours, proved to the court that it is possible to meet investigative needs while preserving dignity.”
Founded to honor the dead in accordance with Jewish religious tradition, ZAKA has grown into a nationwide emergency response network. The organization has more than 4,000 trained volunteers operating around the clock across Israel.
Today, ZAKA operates a wide range of units, including rapid medical response, search and rescue, water recovery, and culturally sensitive burial teams. These teams serve Israel’s Jewish, Bedouin, Arab, and Druze communities. ZAKA also maintains international units capable of deploying on short notice to disaster zones around the world.
ZAKA officials said the Supreme Court ruling reinforces the organization’s mission and provides an important precedent for future cases involving the balance between state investigations and the dignity of the deceased.
More information about ZAKA and its work is available through the organization’s official channels.
