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Gilad Kariv
Photo: Gil Yohanan
Shlomo Aviner
Photo: Gil Yohanan

Who decides who's a Jew?

Rabbis face off on controversial conversion question

Gilad Kariv Shlomo Aviner 

Gilad Kariv
Who said the Orthodox rabbinical establishment is stagnating and is unwilling to rejuvenate the face of Judaism? Take, for example, Rabbi Shlomo Amar's "reformist" proposal regarding the question of conversion. In complete contradiction to the spirit of the Jewish tradition and the rulings of Jewish law, the chief rabbi suggests that we distinguish between Jews by birth and Jews through conversion.

 

The former will continue to enjoy the right to immigrate to Israel based on the Law of Return; the latter would be required to undergo a lengthy naturalization process, as if they do not have a genuine part in the people of Israel.

 

According to Rabbi Amar, it is proper that in the Jewish state we should have a biological-racial definition of the term "Jew" in our laws, while blatantly ignoring the fact that the Jewish people's gates were always open to those who were not born as Jews, yet chose to honestly join the people and its religion.

 

It's interesting what Ruth the Moabite, King David's great grandmother, would have said had they told her to undergo a phased naturalization process upon arrival at Bethlehem; or what would be the reaction of Shemayah and Avtalyon, leaders of the Jewish people, who were the descendents of converts?

 

Time and again, it's amazing to discover how the rabbinical establishment's hatred and fear of non-Orthodox groups lead its leaders to renounce basic Jewish values. After their desire to protect their monopoly led them to turn a blind eye to cases of corruption, ignore the distress of women who cannot obtain a Jewish divorce, back through silence revelations of racism and xenophobia, and curse at those who do not follow their way – the time has come for converts to also be sacrificed on the altar.

 

Through their burning hatred to liberal religious branches that faithfully serve millions of Jews, Rabbi Amar and his colleagues are even willing to hurt Orthodox converts, who were able to get through the tortuous journey en route to the desired conversion certificate.

 

Yet the crudeness of Rabbi Amar's proposal is not summed up by the distinction between Jews by birth and Jews through conversion. Another clause in his proposal that has not received due attention rules that only the Chief Rabbinate would have the authority to approve the validity of conversion procedures in relation to any religious or civilian matter.

 

This way, after all converts would be deprived of the right of return, all non-Orthodox converts would be screened out of the phased naturalization process, while Orthodox converts would be captives at the hands of the Rabbinate for several years, until they are granted their Israeli citizenship.

 

Anyone familiar with the Rabbinate's conduct can already envision newspaper headlines telling us about a person whose status in Israel was revoked after he dared drive a vehicle on Shabbat three years after his conversion.

 

The chief rabbi's demand that the Rabbinate be given absolute monopoly over conversion matters is a cheeky demand. For more than 17 years, the Orthodox establishment has failed in the most important national mission it was dealing with since the state's establishment – bringing hundreds of thousands of immigrants closer to Judaism and opening the gates of conversion to those who chose to live and raise children in this country.

 

In light of their resounding failure and their cruelty to immigrants, what right do their leaders have to ask the legislature to grant them a monopoly? Hasn't enough damage been caused by the fact that hundreds of immigrants feel rejected and alienated from Judaism because of the Orthodox establishment's arrogant, racist and harsh attitude? How many victims does Israeli society need to sacrifice before Judaism is freed from the frozen Rabbinate's chokehold?

 

The State of Israel has been recognizing Reform and Conservative conversions undertaken abroad for 20 years. For five years now, Israeli non-Orthodox converts are recorded as Jews in the population registry. Yet wonder of wonders, the sky has not fallen and the Jewish people has not collapsed. Us Jews, who believe in pluralism and tolerance, know that the Jewish people abroad and in Israel possesses immense power, and that despite the disagreements, we have deep, powerful ties of past, present and future.

 

The realities of life in this country connect us – Orthodox, secular, Reform, traditional, and Conservative – even if there are issues we are deeply divided on. Only those who don't believe in that which is shared by all of us can spread horror stories regarding a split and family trees when their opinion is not accepted. What a pity that those are the ones supposed to represent Judaism in the State of Israel.

 

Rabbi and attorney Gilad Kariv is the associate director of the Israel Religious Action Center for Jewish pluralism

 

חזור למעלה
Shlomo Aviner
Those who want to easily repair the rift faced by our people through the mere recording of a person as a Jew based on conversion not premised on Jewish law, and who think they can solve a deep identity problem through this procedural move, are wrong and mislead the others, while adding more difficulties to those faced by the nation.

 

Instead of working on bringing those who are far closer, they provide official approval for a division between two types of Jews: A Jew by Jewish law and a Jew by (Israeli) law. It would be terrible if tomorrow a man proposes to the woman he loves, but she responds: "I cannot, after all I am Jewish by Jewish law, while you're Jewish by law. Please go away from me, after all it's forbidden for us to get married."

 

I wrote this in my book, published 20 years ago. The problem that existed back then exists even more forcefully today, because ultimately this is indeed a very complex problem: Who's a Jew?

 

Indeed, there are elements, whether religious or secular, who aim to separate religion and state. They fail to understand that that problems and contradictions are not resolved through the separation of forces, but rather, through enhancing love. They fail to understand that they are leading us to a deep crisis whose implication we cannot foresee.

 

We cannot agree to have two kinds of Jews amongst us, just as we cannot agree to establish two separate states for the Jewish people. Generations ago we were a separated people spread out across different communities, yet right now we are a state, and the Torah also has to appear in an official national manner. Every branch cannot establish its own platform while thinking it represents Jewish law, but rather, the Chief Rabbinate is the one that rules and decides.

 

Where there is no official perception of the Torah, we see cracks that threaten to crumble the nation. Therefore, we must boost unity and strengthen the Torah through its all-Israeli official manner, centered on the Chief Rabbinate. Then it would also be able to solve the problem of conversions abroad and prevent conflicts, unrest, and splits.

 

As to the question of "who's a Jew," I mentioned in my book late Supreme Court Justice Dr. Moshe Silberg, who wrote at the time there is no minor, concrete question of registration here, but rather, a deeply profound inquiry into the essence of this term. Those who face the judges are not the State of Israel's registrar or the interior minister, but rather, the people of Israel throughout history – the entire Jewish people.

 

Would a "subjective test" decide who is Jewish? Is inner solidarity accompanied by some kind of ceremony that people invented according to their own understanding of Judaism's spirit adequate? Where do we draw the line? Would a Christian who is greatly attached to the nation of Israel also be considered a Jew?

 

One soldier said that the radio announcer who announced the liberation of the Western Wall deserves the gratitude of all for managing to suddenly make it clear to us how silly the argument over who's a Jew was (The Seventh Day: Solders' Talk about the Six-Day War, edited by Avraham Shapira.)

 

After all, the people of Israel was not born today. Will we desecrate the word "Jew," cross out its sanctified historical significance, and deny all spiritual values we were accustomed to every day in our long exile? Whether we are called religious or secular, we cannot disengage from our historical past and we cannot deny it…not everyone who wishes to be called a Jew is allowed to do so.

 

And what if those who are called secular say: "Why do we need Jewish law definitions? After all, we do not follow it, and those who do follow Jewish law at times hurt us through nicknames such as 'gentiles.' So we're not Jewish anyway according to Jewish law." Yet this is not the case. The essence of a Jew is not measured by behavioral criteria and does not depend on adhering to the Mitzvahs.

 

A Jew, even if he is secular, is a Jew. Being Jewish, in and of itself, does not depend on deeds. It should be revealed through deeds, yet it is not about actions. It is an internal trait and spiritual character.

 

We are facing a deep crisis of a loss of and search for identity, and this bothers us terribly. At this time we cannot escape. We must remember who we are, what we have gone through, and what does it mean to be the chosen people. We are a special part of humanity; a people with a special national psychology. We belong to a people that was not born the other day, but rather, in ancient times; the eternal people of Israel.

 

Rabbi Shlomo Aviner is the rabbi of Beit-El and heads the Ateret Cohanim yeshiva in Jerusalem's Old City.

 

חזור למעלה

פרסום ראשון: 12.07.06, 19:59
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