The Halachic Considerations of Postponing Yom Hazikaron and Yom Haatzmaut

On the 5th of Iyar in the 5708, corresponding to May 14, 1948 the State of Israel was born as it declared its independence. For years Israel celebrated its independence with Yom Haatzmaut on the 5th of Iyar and Yom Hazikaron, a day to remember all of the soldiers who perished in order to maintain an independent state, was observed the day before on the 4th of Iyar.

Traditionally Yom Hazikaron is commemorated with a national tekes, or ceremony, in which many government ministers participate; the tekes takes place on the night of the 4th of Iyar.

In 2004 the 4th of Iyar fell out on a Sunday, meaning that the tekes would take place on Saturday night. Due to the need for increased security as a result of the Second Intifada, the Israeli Chief Rabbinate became concerned that the Sabbath would undoubtedly be desecrated. As a result they petitioned the government to postpone the observance of Yom Hazikaron until Sunday night (the 5th of Iyar) and the celebration of Yom Haatzmaut to Monday night (the 6th of Iyar). The government granted the wish of the Chief Rabbinate and a law was passed in the Knesset which states:

• If the 5th of Iyar falls out on Shabbat, Yom Haatzmaut will be celebrated on 3 Iyar of that year (Thursday).
• If the 5th of Iyar falls out on Friday, Yom Haatzmaut will be celebrated on 4 Iyar of that year (Thursday).
• If the 5th of Iyar falls out on Monday (like this year), Yom Haatzmaut will be celebrated on 6 Iyar of that year (Tuesday).

The Chief Rabbinate, under the leadership of Chief Rabbi Yona Metzger, issued the following halachic rulings pertaining to the status of Yom Haatzmaut when celebrated on the 6th of Iyar and the character of the the 5th of Iyar, which is normally reserved for the celebration of Yom Haatzmaut, but in years like this year, is a day in which we commemorate the somber day of mourning for Israel's fallen, Yom Hazikaron:

• This year (2004, and all other years in which Yom Haatzmaut is observed on 6 Iyar and Yom Hazikaron on 5 Iyar), it would be inappropriate to recite Hallel and other festive prayers [on Yom Hazikaron] at a time when all of Israel is united, together with the bereaved families, with the memories of their sons who fell on the battlefields of Israel.
• However, when Yom Hazikaron is observed on 5 Iyar, Tachanun should not be recited because this is the date on which Yom Haatzmaut falls in every other year. And even if someone wished to disagree, the Kaf Hachayim has already written in the names of many poskim, that when there exists a doubt as to whether or not Tachanun should be recited, it is better not to recite it, since saying Tachanun is a reshut, (non-obligatory), and if you do not recite there is nothing lost.

For the full text of this fascinating eight page responsa, please CLICK HERE