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Basic Law: The Government - 1968 (Original Version)
What the
Government is. |
1. The Government is the executive authority of the
State.
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Seat of Government. |
2. The seat of the Government is Jerusalem.
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Sources of authority |
3. The Government holds office by virtue of the
confidence of the Knesset.
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Responsibility. |
4. The Government is collectively responsible to the
Knesset.
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Composition and eligibility. |
5. (a) The Government consists of the Prime Minister
and other Ministers.
(b) The Prime Minister shall be a member of the
Knesset. Another Minister need not be a member of the
Knesset, but he must be an Israel national and an
Israel resident. When a person becomes a Minister
while holding one of the offices the holders of which
are debarred from being candidates for the Knesset,
his tenure of that office ceases upon his becoming a
Minister.
(c) A Minister shall be in charge of a Ministry :
Provided that he may be a Minister without Portfolio.
One of the Ministers may be Deputy Prime Minister.
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Assignment of task of forming Government. |
6. When a new Government has to be constituted, the
President of the State shall, after consultation with
representatives of party groups in the Knesset, assign
the task of forming a Government to a Knesset Member
who has notified him, within three days from the day
on which he was asked, that he is prepared to accept
the task.
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Periods for
formation of
Government. |
7. The Knesset Member to whom the President has
assigned the task of forming a Government shall have a
period of twenty-one days for the fulfilment of such
task. The President of the State may extend the period
by additional periods not in the aggregate exceeding
twenty-one days.
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Re-assignment
of task. |
8. (a) Where the periods referred to in section 7
have passed and the Knesset Member has not notified
the President of the State that he has formed a
Government, or where he has notified him before then
that he is unable to form a Government, the President
may assign the task of forming a Government to another
Knesset Member who has notified him that he is
prepared to accept the task.
(b) The President of the State may do again as
specified in subsection (a) as often as the situation
indicated therein recurs.
(c) Before assigning the task of forming a
Government under this section, the President may again
consult with representatives of party groups in the
Knesset.
(d) A Knesset Member to whom the task of forming
a Government has been assigned under this section
shall have the period specified in section 7 for the
fulfilment of the task, and the President may extend
the period as specified in that section.
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Assignment
of task at the
request of
party groups. |
9. (a) Where the President of the State has not
assigned the task of forming a Government under
section 8, or where he has assigned it under that
section and the Knesset Member has not notified him
within twenty-one days that he has formed a Government
or has notified him before then that he is unable to
form a Government, representatives of party groups in
the Knesset whose members constitute a majority of the
members of the Knesset may request the President of
the State in writing to assign the task to a
particular member of the Knesset.
(b) Where a request as aforesaid, accompanied by
the written consent of the candidate, has been
submitted to the President, the President shall assign
the task of forming a Government to that Knesset
Member.
(c) A Knesset Member to whom the task of forming
a Government has been assigned under this section
shall have a period of fourteen days for its
fulfilment.
(d) Where a request as aforesaid is submitted
during an additional period allowed to a Knesset
Member to whom the President assigned the task under
section 8, the President shall notify such Knesset
Member of such request, and upon such notification the
task of such Knesset Member shall terminate.
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Notice of
non-formation
of Government. |
10. (a) Where the President of the State has assigned
the task of forming a Government under section 6 or 8
and the period allowed to the Knesset Member for the
fulfilment of the task has passed without his having
informed the President that he has formed a
Government, or he has informed the President before
then that he is unable to form a Government, the
President may give notice to the Chairman of the
Knesset that he sees no way of achieving the formation
of a Government.
(b) Notice to the Chairman of the Knesset under
subsection (a) shall not prevent the application of
section 9.
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Discontinuance
of proceedings
for formation
of Government. |
11. When a Law for the dissolution of the Knesset has
been adopted, the proceedings for the formation of a
Government shall cease.
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Preliminary
proceedings
for formation
of Government. |
12. When a new Knesset has been elected, the
President of the State may open a proceeding for the
formation of a Government after the results of the
elections have been published in Reshumot and before
the new Knesset has convened. The consultation
referred to in section 6 shall in this case be held
with the representatives of candidates' lists.
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Notification
in connection
with formation
of Government. |
13. (a) Where the President of the State has assigned
to a Knesset Member the task of forming a Government,
he shall notify the Chairman of the Knesset to such
effect, and the Chairman of the Knesset shall notify
the Knesset.
(b) Where the Knesset Member has formed a
Government, he shall notify the President of the State
and the Chairman of the Knesset to such effect, and
the Chairman of the Knesset shall notify the Knesset.
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Formation of
Government and
Premiership. |
14. The Knesset Member who has formed a Government
shall head it.
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Constitution
of Government. |
15. When a Government has been formed, it shall
present itself to the Knesset, shall announce the
basic lines of its policy, its composition and the
distribution of functions among the Ministers, and
shall ask for an expression of confidence. The
Government is constituted when the Knesset has
expressed confidence in it, and the Ministers shall
thereupon assume office.
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Declaration
of allegiance. |
16. As soon as, or as soon as possible after, the
Knesset has expressed confidence in the Government,
the Prime Minister shall make before the Knesset the
following declaration of allegiance:
"I (name) pledge myself as Prime Minister to bear
allegiance to the State of Israel and to its
laws, to carry out faithfully my functions as
Prime Minister and to comply with the decisions
of the Knesset";
and each of the other Ministers shall make the
following declaration of allegiance:
"I (name) pledge myself as a member of the
Government to bear allegiance to the State of
Israel and to its laws, to carry out faithfully
my functions as a member of the Government and to
comply with the decisions of the Knesset.".
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Change in
distribution
of functions. |
17. (a) The Government may change the distribution of
functions among the Ministers. The change shall
require the approval of the Knesset.
(b) This section shall not apply to the function
of Prime Minister.
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Cooptation
of Minister. |
18. The Government may, upon the proposal of the
Prime Minister, coopt a Minister to the Government.
When the Government has decided to coopt a Minister,
it shall notify such fact and the function of the
additional Minister to the Knesset. Upon the approval
of the notification by the Knesset, the additional
Minister shall assume office, and as soon as possible
after the approval he shall make his declaration of
allegiance.
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Acting Prime
Minister. |
19. If the Prime Minister is absent from Israel or is
temporarily unable to carry out his functions, the
Government shall designate another of the Ministers
who are members of the Knesset to act in his place
until he returns to Israel or again carries out his
functions.
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Minister acting
for other
Minister. |
20. If a Minister, other than the Prime Minister, is
absent from Israel or is temporarily unable to carry
out his functions, the Government shall designate
another Minister to act in his place until he returns
to Israel or again carries out his functions. So long
as the Government has not done so, the Prime Minister
shall act in the place of that Minister.
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Termination
of tenure
of Minister. |
21. (a) A Minister, other than the Prime Minister,
may, after notifying the Government of his intention
to do so, resign from the Government by submitting a
letter of resignation to the Government. His tenure in
the Government ceases forty-eight hours after the
letter of resignation reaches the Government, unless
he has withdrawn his resignation before them.
(b) Where a Minister who is a member of the
Government resigns from the Knesset, his tenure in the
Government ceases on the day on which his membership
in the Knesset ceases.
(c) The tenure of a Minister in the Government
ceases upon his election or appointment to one of the
function the holders of which are debarred from being
candidates for the Knesset.
(d) When the tenure of a Minister, other than the
Prime Minister, in the Government ceases, the
Government shall designate an other Minister to carry
out his functions ; such designation shall require the
approval of the Knesset. So long as the Government has
not done as aforesaid, the Prime Minister shall carry
out the functions of that Minister.
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Resignation
of Government. |
22. (a) The Government may resign. If it decides to
do so, the Prime Minister shall submit its letter of
resignation to the President of the State.
(b) When a new Knesset has been elected, the
Government shall be deemed to have resigned on the day
of the election.
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Resignation or
death of Prime
Minister. |
23. (a) The Prime Minister may, after notifying the
Government of his intention to do so, resign by
submitting a letter of resignation to the President of
the State. The resignation of the Prime Minister shall
be deemed to be the resignation of the Government.
(b) If the Prime Minister dies, the Government
shall be deemed to have resigned on the day of his
death.
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Expression of
non-confidence
in the Government. |
24. If the Knesset has expressed non-confidence in
the Government, the Chairman of the Knesset shall
notify the President of the State to such effect, and
the Government shall be deemed to have resigned on the
day of the expression of non-confidence.
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Continuity of
Government. |
25. (a) When a new Knesset has been elected or the
Government has resigned or the Prime Minister has
resigned or died or the Knesset has expressed
non-confidence in the Government, the President of the
State shall begin proceedings for the formation of a
new Government. The outgoing Government shall continue
to carry out its functions until the new Government is
constituted.
(b) A Prime Minister who has resigned shall
continue to carry out his functions pending the
constitution of the new Government. If the Prime
Minister has died, the Government shall designate
another of the Ministers who are members of the
Knesset to be Interim Prime Minister pending the
constitution of the new Government.
(c) The provisions of sections 18 and 21 (a) and
(b) shall not apply when the Government is continuing
to carry out its functions in accordance with this
section.
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Work
procedure. |
26. The Government shall itself prescribe the
procedure for its meetings and work, the modes of its
deliberations and the manner of passing its decisions,
either permanently or in respect of a particular
matter.
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Committees
of Ministers. |
27. The Government may act through committees of
Ministers which may be permanent, temporary or for
particular matters.
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Secrecy. |
28. (a) The deliberations and decisions of the
Government and of the committee of the Ministers on
the following matters are secret and their publication
is prohibited:
(1) the security of the State;
(2) foreign relations of the State;
(3) any other class of matters whose secrecy
the Government regards as vital to the State
and which it has proclaimed, by order, for
the purposes of this section;
(4) a matter which the Government has decided
to keep secret : Provided that the disclosure
and publication of such a matter shall only
be prohibited to a person who knew about the
decision.
(b) The provisions of subsection (a) shall not
apply to things whose publication has been permitted
by the Government, the Prime Minister or a person
empowered by it or him in that behalf or is required
under any law.
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Powers of Government. |
29. The Government is competent to do in the name of
the State, subject to any law, any act the doing of
which is not enjoined by law upon another authority.
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Transfer of powers. |
30. Any power vested in or duty imposed on a Minister
under any Law may be transferred by the Government,
wholly or in part, to another Minister ; a decision
under this section requires the approval of the
Knesset.
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Delegation
of powers. |
31. (a) A power vested in the Government under any
Law may be delegated by it to one of the Ministers.
(b) A power vested in one of the Ministers under
any Law or transferred to him under section 30, other
than a power to make regulations with legislative
effect, may be delegated by him, wholly, in part or
subject to restrictions, to a public servant.
(c) A power delegated to a Minister by the
Government under subsection (a), other than a power to
make regulations with legislative effect, may be
delegated by him to a public servant, wholly, in part
of subject to restrictions, if the Government has
empowered him to do so.
(d) Any reference in this section to a power
vested in the Government or a Minister shall be taken
to include a duty imposed on it or him.
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Assumption
of powers. |
32. A Minister charged with the implementation of any
Law may, in so far as no contrary intention appears
from that Law, assume any power, other than a power of
a judicial character, vested in a State employee under
that Law ; he may do so in respect of a specific
matter or for a specific period.
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Ministries. |
33. (a) The Government may merge, divide and abolish
Ministries and set up new Ministries. A decision under
this provision shall require the approval of the
Knesset.
(b) The Government may transfer areas of activity
from one Ministry to another.
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Appointment
of Deputy
Ministers. |
34. A Minister in charge of a Ministry may, with the
approval of the Government, appoint from among the
members of the Knesset one Deputy Minister or two
Deputy Ministers for that Ministry. A Deputy Minister
shall assume office when the Government has announced
his appointment in the Knesset. A Deputy Minister
appointed by the Prime Minister shall be called a
"Deputy Minister at the Prime Minister's Office".
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Functions
of Deputy
Minister. |
35. A Deputy Minister shall, in the Knesset and in
the Ministry for which he has been appointed, act in
the name of the Minister who appointed him and within
the scope of the matters entrusted to him by that
Minister.
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Termination
of tenure of
Deputy Minister. |
36. The tenure of a Deputy Minister shall terminate
when -
(1) he resigns by submitting a letter of
resignation to the Minister who appointed him; or
(2) that Minister ceases to be a Minister or to
be in charge of that Ministry; or
(3) the Government or the Minister decides to
terminate his tenure; or
(4) a new Government is established; or
(5) he ceases to be a member of the Knesset.
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Remuneration
of Ministers
and Deputy Ministers. |
37. Ministers and Deputy Ministers shall receive such
remuneration and other payments as shall be fixed by
decision of the Knesset. The Knesset may empower the
Finance Committee in that behalf.
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Government Secretary. |
38. The Government shall, upon the proposal of the
Prime Minister, appoint the Government Secretary and
prescribe his functions.
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Evidence of
Government
acts. |
39. (a) A document issued by the Government shall be
signed by the Prime Minister or by such other Minister
as the Government has empowered in that behalf or by
the Government Secretary.
(b) A written confirmation by the Government
Secretary that the Government has done a certain thing
shall be evidence that such thing has been done as
stated in the confirmation.
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Notices to
Knesset. |
40. (a) The Government shall give notice to the
Knesset of the following:
(1) the designation of an Acting Prime
Minister or Interim Prime Minister;
(2) the resignation of the Government;
(3) the resignation or death of the Prime
Minister;
(4) the resignation or death of a Minister;
(5) the transfer of areas of activity from
one Ministry to another;
(6) the termination of the tenure of a Deputy
Minister under section 36 (1) or (3).
(b) Notice as aforesaid shall be given in the
Knesset or, during a recess of the Knesset, to the
Chairman of the Knesset, who shall bring it to the
knowledge of the members of the Knesset.
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Publication
in Reshumot. |
41. (a) Notice of the following shall be published in
in Reshumot. Reshumot on behalf of the Knesset:
(1) the constitution and composition of the
Government, and the distribution of functions
among the Ministers, under section 15;
(2) the approval of a change in the
distribution of the functions of the
Ministers, under section 17;
(3) the approval of the co-optation of a
Minister to the Government, under section 18;
(4) the approval of a decision under section
30 or 33 (a);
(5) a decision under section 37.
(b) Notice of the following shall be published in
Reshumot on behalf of the Government :
(1) decisions by the Government under
sections 19, 20, 21 (d), 25 (b), 31 (a) or
(b) or 33 (a);
(2) the assumption of a power under section
31 for a specific period;
(3) the appointment of a Deputy Minister
under section 34 and the termination of his
tenure under section 36(1) or (3);
(4) the appointment of a Government Secretary
under section 38 and the termination of his
tenure.
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Non-application
of emergency regulations. |
42. Notwithstanding anything contained in any other
law, this Law cannot be varied, suspended, or made
subject to conditions, by emergency regulations. This
section may be varied only by a majority of the
members of the Knesset.
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LEVI ESHKOL
Prime Minister
SHNEUR ZALMAN SHAZAR
President of the State
* Passed by the Knesset on the 19th Av, 5728 (13th
August, 1968) and published in Sefer Ha-Chukkim No.
540 of the 27th Av, 5728 (21st August, 1968), p. 226;
the Bill and an Explanatory Note were published in
Hatza'ot Chok No. 702 of 5726, p. 160.
Basic Law: The Government (Amendment)*
Amendment of section 5.
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1. In the Basic Law: The Government the following
shall be added at the end of section 5(b):
"But a person serving in the capacity of Judge,
dayyan of a religious court or officer in the
permanent service of the Defence Army of Israel
shall not become a Minister unless he ceased to
serve in that capacity at least 100 days
previously.".
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GOLDA MEIR
Prime Minister
EFRAYIM KATZIR
President of the State
* Passed by the Knesset on the 23rd Tammuz, 5733 (23rd
July, 1973) and published in Sefer Ha-Chukkim No. 711
of the 4th Av, 5733 (2nd August, 1973), p. 236; the
Bill and an Explanatory Note were published in
Hatza'ot Chok No. 1071 of 5733, p. 353.
Sefer Ha-Chukkim of 5728, p. 226; LSI vol. XXIV, p.
257.
Basic Law: The Government (Amendment No. 2)*
Amendment of section 5.
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1. In section 5 of the Basic Law: The Government
the words "One of the Ministers may be Deputy Prime
Minister" in subsection (c) shall be deleted and the
following subsection shall be added: "(d) One or two
of the Ministers may be a Deputy Prime Minister or
Deputy Prime Ministers.".
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Commencement. |
2. This Law shall come into force upon its adoption
by the Knesset.
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MENAHEM BEGIN
Prime Minister
YITZCHAK NAVON
President of the State
* Passed by the Knesset on the 16th Cheshvan, 5740
(6th November, 1979) and published in Sefer Ha-Chukkim
No. 945 of the 24th Cheshvan, 5740 (14th November,
1979). p 6. the Bill and an Explanatory Note here
published in Hatza'ot Chok No. 1423 of 5740. p. 50.
Sefer Ha-Chukkim of 5728, p. 226 - LSI vol. XXVII,
p. 257, Sefer Ha-Chukkim of 5733, p. 236, LSI vol.
XXVIII, p 25.
Basic Law: The Government (Amendment No. 3)*
Amendment of section 4.
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1. In section 4 of the Basic Law: The Government
(hereinafter referred to as "the principal Law"), the
words "A Minister is responsible to the Prime Minister
for the functions with which the Minister is charged"
shall be added at the end.
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Addition of section 21A. |
2. The following section shall be inserted after
section 21:
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"Removal of Minister from office. |
21A.(a) The Prime Minister may, after notifying
the office. Government of his intention to do so,
remove a Minister from office. The tenure of the
Minister ceases forty-eight hours after the
letter of removal from office is delivered to
him, unless the Prime Minister reverses his
decision before then.
(b) The Prime Minister shall notify the
Knesset of the removal of a Minister from
office.".
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MENAHEM BEGIN
Prime Minister
YITZCHAK NAVON
President of the State
* Passed by the Knesset on the 15th lyar, 5741 (19th
May, 1981) and published in Sefer Ha-Chukkim No. 1026
of the 23rd lyar, 5741 (27th May, 1981), p. 280; the
Bill and an Explanatory Note were published in
Hatza'ot Chok No. 1537 of 5741, p. 370.
Sefer Ha-Chukkim of 5728, p. 226 - LSI vol. XXII p.
257; Sefer Ha-Chukkim of 5733, p. 236 - LSI vol.
XXVII, p. 265; Sefer Ha-Chukkim of 5740, p. 6 - LSI
vol. XXXIII, p. 6.
Basic Law: The Government (Amendment No. 4)*
Amendment of section 5.
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1. In section 5 of the Basic Law: The Government,
subsection (d) shall be re-marked as subsection (e)
and the following subsection shall be inserted before
it:
"(d) A Minister who is a member of the Knesset
may be Vice-Premier.".
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Replacement of section 19. |
Section 19 of the Basic Law: The Government shall be
replaced by the following section:
"Acting Prime 19. If the Prime Minister is absent from Israel
Minister. or is temporarily unable to carry out his
functions, the Vice-Premier shall act in his
place until he returns to Israel or again carries
out his functions; if there is no Vice-Premier or
if the Vice-Premier is absent from Israel or is
temporarily unable to carry out his functions,
the Government shall designate another Minister
who is a member of the Knesset to act in place of
the Prime Minister.".
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SHIMON PERES
Prime Minister
CHAIM HERZOG
President of the State
* Passed by the Knesset on the 16th Elul, 5744 (13th
September, 1984) and published in Sefer Ha-Chukkim No.
1124 of the 24th Elul, 5744 (21st September, 1984), p.
220; the Bill and an Explanatory Note were published
in Hatza'ot Chok No. 1694 of 5744, p. 296.
Sefer Ha-Chukkim of 5728, p. 226 - LSI vol. XXII,
p. 257; Sefer Ha-Chukkim of 5733, p. 236 - LSI vol
XXVII p. 265; Sefer Ha-Chukkim of 5740, p. 6 - LSI
vol. XXXIV, p. 6; Sefer Ha-Chukkim of 5741, p. 280 -
LSI vol. XXXV, p. 339.
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