## Facts

- Avni stated that he did not want to be buried after his death.
- Avni wished instead for his body to be given to animals as food.
- Avni explained that because humans live at the expense of animals and plants, he wanted to “repay” them by serving as food after his death.
- Avni recorded these instructions in a will.
- Avni submitted the will to Israel’s Ministry of Justice for approval.
- The Ministry of Justice informed Avni that carrying out the will’s instructions would violate Israeli law.
- Avni filed a petition in the Supreme Court of Israel sitting as the High Court of Justice, naming the State of Israel as respondent, and requested an order requiring the State to honor his instructions.

## Issues

1. Whether, under Israeli law, a person may require state authorities to implement a testamentary instruction directing that the person’s body not be buried and instead be given to animals as food.
2. Whether the Ministry of Justice acted lawfully in refusing to approve or facilitate implementation of Avni’s instruction on the ground that it would violate Israeli law.
3. To what extent individual choice regarding post-mortem treatment of one’s body is limited by statutory restrictions and other public-law constraints.

## Decision

- Open, non-paywalled sources located for this case provide the basic factual background and the existence of the HCJ petition, but they do not provide the judgment text or a verifiable statement of the court’s disposition.
- Because the holding and reasoning are not available in the accessible materials reviewed, this brief does not state whether the petition was granted or denied, or the specific legal basis for the court’s result.
- Secondary listings indicate the decision’s reasoning is associated with Justice Elyakim Rubinstein, but the content of the opinion and any separate writings cannot be confirmed from accessible sources.

## Legal Principles

- Testamentary instructions are generally carried out only to the extent they are consistent with applicable law; instructions requiring unlawful conduct may be refused by public authorities.
- The handling and disposition of human remains is commonly subject to legal regulation, which may include rules aimed at health, safety, and public order, as well as norms regarding respectful treatment of the dead.
- A petition to the High Court of Justice may be used to challenge an administrative refusal by a state authority, but the petitioner must still show a legal basis for compelling the requested governmental action.

## Conclusion

Avni v. State of Israel (HCJ 6167/09 (2009)) concerns an HCJ petition by an individual who sought enforcement of a will directing that his body not be buried and instead be given to animals as food, after the Ministry of Justice advised that the instruction would violate Israeli law; however, because the judgment and a reliable open summary of the holding are not available in the accessible sources reviewed, this brief can state the case’s background and questions presented but cannot verify the court’s final ruling or reasoning.


Avni v. State of Israel, HCJ 6167/09 (2009)