ABSTRACT
The appellants in Design 22 Deluxe Furniture v. Rosenzweig and Others1
operated a chain of furniture outlets that were open seven days a week. Under sections 7 and 9 of the Hours of Work and Days of Rest Law, 5711-1951, it is an offence to employ Jewish workers on the Sabbath without a special license. After a visit by inspectors, the appellants were fined 15,000 NIS for having broken the law. The appellants then requested a license to run their establishment on the Sabbath, but the respondents denied the request on the grounds that the appellants’ furniture business did not fulfill the requirements for such a license. Under section 12 of the law, licenses may be granted if the uninterrupted running of the business is necessary for maintaining national security, or for preserving the safety of persons or property, or in order to avoid a serious threat to the economy, or in order to prevent widespread shortages of vital products. The Minister of Labor may also exercise discretion and grant a license in a case of “vital necessity.” The respondents’ refusal to grant a license to the appellants to operate their furniture stores on the Sabbath was upheld by the Haifa District Labor Court, a decision that generated the present appeal.
