In 1948 Pinchas Rosen, Israel's first Minister of Justice, instructed a young lawyer named Mordechai Beham to write the first draft of the Declaration of Independence. Later these drafts were kept in the family of Beham. When a year and a half ago his sons Daniel and Rafael decided to sell these papers against them, a lawsuit was filed on behalf of the State of Israel, demanding to transfer the papers to the State Archive. Officials said that since the drafts were written by Beham in the framework of work for the state, and represent a significant historical value, his sons can not put them up for sale. Daniel and Rafael Beham for their part argued that the drafts were the private property of their father. In addition, they said that among the terms of sale of securities - a ban on their permanent export from Israel and for sale to a private person.
The legal battle for ownership of the Israeli Declaration of Independence projects was completed earlier this week, when the Jerusalem District Court authorized their current owners to sell them. Judge Tamar Bazak-Rappaport noted that high-ranking government officials were aware of the existence of these documents. So, in particular, it is known about M.Beham's letter in 1968 to the Minister of Trade, to which a copy of the Draft Declaration of Independence was attached. One of the sons of Beham told how in 1996 he was invited to the Knesset for the ceremony dedicated to the Declaration of Independence and there he told the head of the bureau of the Speaker of the Knesset that his family had drafts of the Declaration of Independence. The court dismissed the state's claim, arguing that the authorities had neglected their rights for too long before submitting their claims to these documents. The state was also ordered to pay 50,000 shekels of legal costs.
One of Beham's lawyers Ronen Ketze, commenting on the verdict of the court, said: "This verdict is a fair tribute to the memory of the author of the draft Declaration, the late lawyer Mordechai Bekham. He was a young lawyer who realized the scale of the moment, offered his services to the "state on the road" and never asked (and, of course, never received) payment for his work. The government's attempt to withdraw the deceased's working papers was inappropriate, and it is good that the court defended (family) rights. "
Rafael Beham, for his part, said that his family welcomed the decision of the court. "The family recognizes the fact that they are historical documents and should be presented to the public. We will honor our commitments and find the right way for this. We are proud of the work of our late father, his love for the State of Israel and his institutions and his unique contribution to the formulation of the first draft of the Declaration of Independence, "he said.
The starting price for the auction is set at one million shekels, but according to experts, the price of documents can reach a million dollars.