In the wake of the devastating Oct. 7 Hamas attack on Israel, forensic experts are facing unprecedented challenges in identifying victims. A groundbreaking article by Rabbi Professor Neriah Gutel reveals how advanced scientific methods and Jewish law are being combined to declare individuals deceased.

The identification of some victims has hinged on the tiniest of bone fragments or solely on eyewitness testimonies. Gutel's article in the annual Thumin, published by the Zomet Institute, unveils this extraordinary fusion of religious tradition and cutting-edge science in addressing the identification of fallen soldiers without recoverable remains.

Rabbi Menachem Perl, who heads the institute, notes in the annual that many contributors tackle war-related issues. This period "will be etched in memory as one of Israel's most harrowing. The catastrophic blow that struck us on Simchat Torah morning has left an indelible mark."

The identification of fallen soldiers remains one of Israel's most sensitive topics, rarely discussed in public forums. Gutel, a reserve lieutenant colonel who initially led the team making final determinations on fatalities, offers a rare glimpse into the painstaking process of identifying victims from that tragic Saturday, often with scant evidence.

He details two particularly challenging cases. In the first, on Oct. 9, a bullet-riddled military vehicle assigned to a missing soldier was discovered in a combat zone. The soldier was nowhere to be found, presumed abducted. "Bloodstains marked the seat back in the lower back and shoulder areas. Nearby, small bone fragments were recovered." DNA analysis conclusively matched the skull fragments and blood to the soldier. Forensic experts determined that such catastrophic skull damage was incompatible with survival.

The second case unfolded at an IDF outpost. "Numerous soldiers had taken shelter in one building. Terrorists surrounded it, unleashing a barrage of small arms fire, machine gun rounds, shoulder-launched missiles, grenades, and explosives, before setting it ablaze." The few who escaped described an inferno of unimaginable intensity, convinced that survival was impossible. Fire and rescue reports corroborated this assessment, noting the presence of lethal toxins in the smoke and the respiratory damage caused by extreme heat. Tragically, among the recovered bodies, one soldier's remains were completely absent.

Gutel's article grapples with the religious quandary of declaring these soldiers fallen according to Jewish law, despite the lack of direct evidence. He explores the use of advanced technologies, particularly DNA analysis, citing Rabbi Zalman Nechemia Goldberg's post-9/11 ruling that DNA evidence could be used for identification.

For the soldier who vanished from the vehicle, Gutel stated: "The conclusion was unequivocal – this was indeed our fallen soldier, with a probability of one in a billion."

He noted that the soldier had recorded himself in the vehicle, and substantial blood evidence and bone fragments were recovered nearby. The soldier's body was later found during the ground operation and laid to rest.

The case of the second soldier, lost in the terrorist-ignited blaze, presented an even greater challenge with no physical evidence. Here, Gutel cited a ruling by Rabbi Ovadia Yosef related to the 9/11 attacks, stating that eyewitness testimony placing the individual at the scene could be sufficient to declare them killed.

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Responding to complaints by some of the victims from Thursday's stampede at Mount Meron complained that the Israel National Center of Forensic Medicine at Abu Kabir was taking too long to identify the bodies of their loved ones, institute director Dr. Chen Kugel told Israel Hayom that "not only was there no delay in the identification of the bodies, it was done unusually quickly and we worked at a record pace."

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"It is impossible to positively identify 45 bodies in six hours. In other places around the world, it takes hours," Kugel said.

Kugel explained that the process of identifying the bodies entails comparing data collected from the bodies such as DNA samples, fingerprints, CT scans, and medical records to genetic tests, identifying marks cited by relatives, dental X-rays, and more.

"The big difference between this disaster and other events, apart from it being the biggest civilian disaster [in Israel], was the massive pressure to identify all the bodies before the start of Shabbat," Kugel added.

"Practically speaking, it's impossible to do in a situation in which 45 bodies arrive at once, and the orderly process must be completed. We tried to work far beyond our capacity," the center director said.

Kugel also said that the institute had experienced difficulty obtaining the information needed for positive identification.

"This event happened to a unique sector of the population. In some cases, it was hard to get hold of information needed for matches like dental X-rays. There were also casualties from abroad. Most didn't have identifying documents," Kugel said.

Responding to arguments voiced that the forensic identification process should have been forgone in favor of allowing families to identify their loves ones, Kugel said, "We cannot take someone and ask them to look at 45 bodies. The identification needs to be scientific, based on clear criteria, like fingerprints or a genetic test. In this disaster there were four cases in which family members came in, said they identified a relative, and then it turned out not to be him. I understand the sensitivity, but despite the delay, it's very important to bury the correct person."

In the case of the late Yedidya Hayut, 13, whose family claimed that a body not their son's was brought to them at the cemetery for burial, Kugel said, "There was a mistake that we are still trying to determine whether it occurred during identification, documentation, or transport, because there were a lot of ambulances that left at the same time. When there's pressure like there, there can also be an error with the tag given to the ambulance. Obviously, we will clarify and reach conclusions."

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In May 2018, a committee of experts recommended that Israel establish an additional forensics institute, and approximately a year later then-Health Minister Yakov Litzman approved the recommendation. Two years on, Israel still has no new forensics institute, and the existing one at Abu Kabir operates out of an old building with outdated infrastructure. The committee also recommended that the institute hire more forensic pathologists.

President Reuven Rivlin visited Abu Kabir on Sunday and thanked the staff for their work identifying the victims from the Meron stampede.

"The mind can't comprehend the loss of the lives of children, teens, husbands and fathers, who died such a brutal death," Rivlin said. "I want to tell the families that I am with them in their sorrow, that all the people of Israel are with them."

Kugel thanked Rivlin for visiting, telling him, "This is the first time in the history of the institute that the president has visited. We thank you with all our hearts."

The Office of the President issued a statement noting that Israel had few forensic pathologists available to the public at times of mass casualty events.

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After reexamining the findings from the investigation into Elimelech's murder, the Lahav 433 Major Crimes Unit decided to reopen the investigation, working in conjunction with the Tel Aviv District Prosecutor's office.

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"What did my beautiful, innocent little girl do? Even today, I wait for her to come home from school. It's an old case, but even now the world is horrified [by it]. All these years, I've thought about why my daughter had to fall prey to such a monster. Why?" Mazal Elimelech asked.

"I went through a Holocaust here in Israel. I want to know who did it and why … we've lived our entire lives in pain. My husband is in the hospital. Today there's hope, but there's also anger … Now everyone has woken up?" the grieving mother, 90, said.

Two weeks ago, the Israel Police asked Elimelech for permission to exhume her daughter's body so the investigation could be pursued.

"The police talked to me and I agreed to everything they said, but I can't go into details about what they told me. [The details of the new findings that prompted police to reopen the case are currently under a gag order.] I agreed to do everything possible to get justice for Nava, to see justice and light. I want to know who did this. I don't know who did it, but I had suspicions, and maybe they were wrong. I pray to God that he will reveal justice, that's my hope. I feel really bad. Everything is taking me back [to that time], but it gives me hope," Elimelech said.

Nava's mother said she was not angry at the police for failing thus far to solve the case. "They're trying to do all they can."

Nava's older sister, Efrat, added, "We've been living with this for over 30 years. It horrified us, as a family, but also the entire country. We agreed to open up [her] grave because the mystery of her murder is with us every day. My parents are old and sick. They're fighting, but not giving up. We hope it will be solved."

Nava's oldest son, Yaakov, said on Monday in an interview to Army Radio that the police had told the family that with the new technology available today, progress could be made on the case.

"I hope something will come of this. My sister was a little girl with a good heart, and one day the sky just fell on us. Let's hope they find the sick human scum who did this, that's what we want to know. My parents don't go to her grave anymore, except on her memorial day. They used to go every day, but now they have hope," Yaakov said.

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As part of the new casework, a court ruled that the police may exhume Elimelech's body at the request of the Lahav 433 Major Crimes Unit, which reviewed the latest material in the case. Her body was exhumed on Sunday and transferred to the Abu Kabir Forensic Institute.

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The renewed investigation is being carried out in conjunction with the Tel Aviv District Prosecutor's office.

The details of the new information in the case are currently still under a gag order.

Elimelech was last seen alive leaving her parents' house on March 20, 1982. She never returned. Ten days later, her body parts were found on the Herzliya beach and at Tel Baruch beach at the north end of Tel Aviv.

On her way to a friend's house, who lived 300 meters (330 yards) away, Elimelech had left her parents a note that read: "Mom, Dad, and all the rest of the family. I'm going out. Don't worry, I'll come home. I love you all very much." Her older sister, 19, was the last person who saw her before her death.

When it turned out that Elimelech had never shown up at her friend's home, her family began looking for her. By that evening, the police were involved. On the 10^th day of organized searches, people exercising on the Herzliya beach discovered the girl's head inside of a plastic bag. More of her body parts were discovered at Tel Baruch and were also wrapped in plastic bags.

A pathologist determined that she had been murdered on the same day she left her home.

After the murder, which horrified the nation, the Israel Police set up a special investigative team that included 40 police officers and detectives, but the team returned empty-handed. Dozens of suspects were questioned, but the murder was never solved.

During the investigation, K9 units led police to the home of a resident of Bat Yam named David Levy. In his home, police discovered that he had taken pictures of Elimelech and her friends. It transpired that Levy had taken nude photos of female students at the Gordon Elementary School. He was convicted of pedophilia and served time in prison.

In January 1983, police arrested another man from the Gaza Strip who they suspected of committing the murder, but he was eventually released due to a lack of evidence. Shortly thereafter, then-IDF Chief of Staff Rafael Eitan decided that a would-be terrorist had killed Elimelech as an initiation rite in order to join a terrorist organization. Senior police officers expressed doubts about Eitan's conclusion.

In 2001, Yitzhak Gattegno, a police officer who had been part of the original investigative team, said in an interview that after Eitan's remarks about the possible terrorist-like nature of the murder, the Shin Bet security agency had found evidence to support that theory. An Arab prisoner who was cooperating with the Shin Bet gave his handlers information about the murder. According to the prisoner, a terrorist who had shared his cell told him he had killed Elimelech. However, that terrorist was released and fled to Jordan.

Investigators who followed up on the lead found that the suspect had worked at a small market in Elimelech's neighborhood and had been in the vicinity on the day she disappeared. However, the suspect was never questioned and died in Jordan.

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