Masha Ya'ish al-Nahari
Encyclopedia
Moshe Ya'ish al-Nahari was a Jewish Hebrew language teacher in Raydah
, Yemen
, who was killed by Abdul Aziz Yahya Al-Abdi, a Muslim Yemenite who accosted him near his home demanding that he convert to Islam
. Al-Nahari's attacker subsequently boasted of the killing and the prosecution demanded the death penalty. The court ruled that the attacker was mentally unstable and ordered him to pay damages. In the subsequent appeals case, however, al-Abdi was sentenced to death. The murder of al-Nahari was the first of its kind in at least fifteen years.
. He was married to Loza Solaiman. His brother is Rabbi Yahya Ya'ish, one of the leaders of Yemen's Jewish community. al-Nahari had visited Israel a few times and had previously lived in Oshiyot neighborhood in Rechovot. A few years ago he had decided to make aliyah
and had sold his house to fund the move. At the last moment his father convinced him to stay in Yemen. He had ties to the Satmar
Hasidic
movement in Yemen.
in Yemen and the Horn of Africa
. He initially refused his Yemeni lawyers who had volunteered to defend him, saying he wanted only an American lawyer. al-Abdi admitted in court that he killed al-Nahari "to get closer to Allah" saying that he had warned the Jews months ago either convert to Islam or leave the country.
Attempting to avoid the death penalty, Khalid al-Shalali, defending Al-Abdi, told the court that his client was mentally unfit and suffering from schizophrenia
when the murder was committed. Al-Abdi's medical report was presented, noting that he had killed his wife five years earlier. While his lawyer was reading the report about his psychotic problems and recommended putting al-Abdi in a psychotic sanitarium, Al-Abdi exclaimed "Executing me is better than putting me in a sanitarium, I'm very well." He then turned to the victims father and wife saying "I killed him while I was very well, they deceive you." The lawyers also presented to the court a document signed by 40 men from the tribe of al-Abdi witnessing that he was suffering psychotic problems.
. The court accepted the demands of the victim’s lawyer, and decided to refer the medical report to a medical committee for clarification on the suspect’s psychological state.
.” The rabbi of the Jewish community in Amran, Yahya Yaeish, said “The verdict will encourage more killings of Jews.”
On June 21, 2009, the appeals court sentenced al-Abdi to death. His lawyers responded that they would take the case to the country's Supreme Court.
In April 2011, it was reported tht al-Abdi bribed prison guards and had escaped from prison.
. They demanded to be relocated to the capital Sana’a and to be compensated for their houses and property in Raydah. Their demands were met by President Saleh, who ordered properties to be provided for them in Sana’a.
Amnesty International
wrote to the Yemeni Government urging the country to protect its Jews. The human rights organization stated that it is "deeply concerned for the safety of members of the Jewish community in northwestern Yemen following the killing of one member of the community and anonymous serious threats to others to leave Yemen or face death."
Raydah
Raydah is a large market town located 11 miles north of Amran, northwestern Yemen. In previous years, before most Yemeni Jews emigrated, the Suq al-ahud or Jewish market was held here....
, Yemen
Yemen
The Republic of Yemen , commonly known as Yemen , is a country located in the Middle East, occupying the southwestern to southern end of the Arabian Peninsula. It is bordered by Saudi Arabia to the north, the Red Sea to the west, and Oman to the east....
, who was killed by Abdul Aziz Yahya Al-Abdi, a Muslim Yemenite who accosted him near his home demanding that he convert to Islam
Forced conversion
A forced conversion is the religious conversion or acceptance of a philosophy against the will of the subject, often with the threatened consequence of earthly penalties or harm. These consequences range from job loss and social isolation to incarceration, torture or death...
. Al-Nahari's attacker subsequently boasted of the killing and the prosecution demanded the death penalty. The court ruled that the attacker was mentally unstable and ordered him to pay damages. In the subsequent appeals case, however, al-Abdi was sentenced to death. The murder of al-Nahari was the first of its kind in at least fifteen years.
Life
Moshe Ya'ish al-Nahari, a 30 year old father of nine, lived in the small Jewish community of Raydah, Amran province in northern Yemen. He worked as Hebrew teacher at the local Jewish school and as a butcherButcher
A butcher is a person who may slaughter animals, dress their flesh, sell their meat or any combination of these three tasks. They may prepare standard cuts of meat, poultry, fish and shellfish for sale in retail or wholesale food establishments...
. He was married to Loza Solaiman. His brother is Rabbi Yahya Ya'ish, one of the leaders of Yemen's Jewish community. al-Nahari had visited Israel a few times and had previously lived in Oshiyot neighborhood in Rechovot. A few years ago he had decided to make aliyah
Aliyah
Aliyah is the immigration of Jews to the Land of Israel . It is a basic tenet of Zionist ideology. The opposite action, emigration from Israel, is referred to as yerida . The return to the Holy Land has been a Jewish aspiration since the Babylonian exile...
and had sold his house to fund the move. At the last moment his father convinced him to stay in Yemen. He had ties to the Satmar
Satmar (Hasidic dynasty)
Satmar is a Hasidic movement comprising mostly Hungarian and Romanian Hasidic Jewish Holocaust survivors and their descendants. It was founded and led by the late Hungarian-born Grand Rebbe Yoel Teitelbaum , who was the rabbi of Szatmárnémeti, Hungary...
Hasidic
Hasidic Judaism
Hasidic Judaism or Hasidism, from the Hebrew —Ḥasidut in Sephardi, Chasidus in Ashkenazi, meaning "piety" , is a branch of Orthodox Judaism that promotes spirituality and joy through the popularisation and internalisation of Jewish mysticism as the fundamental aspects of the Jewish faith...
movement in Yemen.
Background
The Jewish community in Raydah numbers 266. They had complained about threats received from groups of Islamic extremists previously and they subsequently asked for the protection of the Yemeni government. However, security authorities in the past refused to recognize the claims of the Jewish minority, saying there was no evidence of threats against the defendants.Attack
On December 11, 2008, Abdul Aziz Yahya Al-Abdi, 39, accosted al-Nahari in the market near his home demanding that he convert to Islam. He called out "Jew, accept the message of Islam". al-Nahari asked to be left alone but Abdi opened fire with a submachine gun until he was riddled with bullets. His relatives and associates tried to pressure the authorities to allow the body to be brought to Israel for burial, but approval was not granted.Defence
The suspect, Abdul Aziz Yahya Al-Abdi, a former pilot in the Yemeni Air Force, claimed he was a representative of the MujahideenMujahideen
Mujahideen are Muslims who struggle in the path of God. The word is from the same Arabic triliteral as jihad .Mujahideen is also transliterated from Arabic as mujahedin, mujahedeen, mudžahedin, mudžahidin, mujahidīn, mujaheddīn and more.-Origin of the concept:The beginnings of Jihad are traced...
in Yemen and the Horn of Africa
Horn of Africa
The Horn of Africa is a peninsula in East Africa that juts hundreds of kilometers into the Arabian Sea and lies along the southern side of the Gulf of Aden. It is the easternmost projection of the African continent...
. He initially refused his Yemeni lawyers who had volunteered to defend him, saying he wanted only an American lawyer. al-Abdi admitted in court that he killed al-Nahari "to get closer to Allah" saying that he had warned the Jews months ago either convert to Islam or leave the country.
Attempting to avoid the death penalty, Khalid al-Shalali, defending Al-Abdi, told the court that his client was mentally unfit and suffering from schizophrenia
Schizophrenia
Schizophrenia is a mental disorder characterized by a disintegration of thought processes and of emotional responsiveness. It most commonly manifests itself as auditory hallucinations, paranoid or bizarre delusions, or disorganized speech and thinking, and it is accompanied by significant social...
when the murder was committed. Al-Abdi's medical report was presented, noting that he had killed his wife five years earlier. While his lawyer was reading the report about his psychotic problems and recommended putting al-Abdi in a psychotic sanitarium, Al-Abdi exclaimed "Executing me is better than putting me in a sanitarium, I'm very well." He then turned to the victims father and wife saying "I killed him while I was very well, they deceive you." The lawyers also presented to the court a document signed by 40 men from the tribe of al-Abdi witnessing that he was suffering psychotic problems.
Prosecution
The lawyer representing the al-Nahari family, Yahya Allaw, cast doubt on the report, saying it failed to state which doctors had issued the report, or their specialization. He added that the report failed to specify the exact physiological state of the suspect when he committed the crime. These claims were seconded by the National Organization for Defending Rights and Freedoms, who represented Al-Nahari in court pro bonoPro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
. The court accepted the demands of the victim’s lawyer, and decided to refer the medical report to a medical committee for clarification on the suspect’s psychological state.
Verdict
The verdict was passed on March 2, 2009. The small courtroom was packed with several dozen other members of Abdi’s Kharef tribe and the only Jewish people present were the victim’s father and widow — also the only woman in the courtroom. As the court session got underway on Monday, the authorities sealed off the court building for fear of a violent backlash. Throughout the case, relatives of the deceased were verbally attacked and insulted by the defendant’s tribe. al-Abdi showed no remorse for his actions. The court ruled that a payment of 5.5 million YR ($27,500) damages be made and that the convict should be placed in a psychotic sanatorium. When the verdict was read out, the dozen people present inside the small courtroom expressed relief, except for the victim's relatives. Police hurried to empty the courtroom as soon as the trial was adjourned and prevented journalists from speaking to people present.Appeal and death sentence
The family of the victim decided to appeal the verdict to demand that the death penalty be implemented against the convicted. The prosecuting lawyer, Khaled al-Ansi, said, ”The verdict is a big scandal” and “The trial was not fair, and was not secure, the Judge was afraid. The verdict will lead to the emigration of the remaining Jews from YemenYemenite Jews
Yemenite Jews are those Jews who live, or whose recent ancestors lived, in Yemen . Between June 1949 and September 1950, the overwhelming majority of Yemen's Jewish population was transported to Israel in Operation Magic Carpet...
.” The rabbi of the Jewish community in Amran, Yahya Yaeish, said “The verdict will encourage more killings of Jews.”
On June 21, 2009, the appeals court sentenced al-Abdi to death. His lawyers responded that they would take the case to the country's Supreme Court.
In April 2011, it was reported tht al-Abdi bribed prison guards and had escaped from prison.
Reactions
In response to the court case, the Jewish community expressed their ordeal and how unsafe they felt after extremists have been sending them hate letters and threats by phone. The killing heightened the distress amongst the Jewish community in Raydah and their complaints eventually reached the President of the RepublicPresident of Yemen
The President of the Republic of Yemen is the head of state of Yemen.Under the Constitution of Yemen, the president is also the supreme commander of the armed forces and head of the executive branch of the Yemeni government....
. They demanded to be relocated to the capital Sana’a and to be compensated for their houses and property in Raydah. Their demands were met by President Saleh, who ordered properties to be provided for them in Sana’a.
Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
wrote to the Yemeni Government urging the country to protect its Jews. The human rights organization stated that it is "deeply concerned for the safety of members of the Jewish community in northwestern Yemen following the killing of one member of the community and anonymous serious threats to others to leave Yemen or face death."
See also
- Yemenite JewsYemenite JewsYemenite Jews are those Jews who live, or whose recent ancestors lived, in Yemen . Between June 1949 and September 1950, the overwhelming majority of Yemen's Jewish population was transported to Israel in Operation Magic Carpet...
- Islam and antisemitism
- Antisemitism in the Arab world
- Forced conversionForced conversionA forced conversion is the religious conversion or acceptance of a philosophy against the will of the subject, often with the threatened consequence of earthly penalties or harm. These consequences range from job loss and social isolation to incarceration, torture or death...