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The Supreme Court Decision on Conversions in Israel: Threat or Opportunity for Halakhic Judaism?

Converts/Conversion, Denominations, Israel, Modern Judaism, Politics

by Rabbi Ronald Price

Disclaimer: The opinions expressed here are that of the writer and do not necessarily represent the views of the Union for Traditional Judaism, unless otherwise indicated.

Please note: For another perspective on the decision of the Supreme Court of Israel, see Israeli Law Should Protect Jews But Not Define Judaism by Rabbi Noah Gradofsky.

As I stood before cameras on the lawn across from the Knesset in Jerusalem, I publicly condemned the behavior of the Chief Rabbis of Jerusalem and Israel, for signing on to placards that had been plastered on the walls of the synagogue in Jerusalem where I served as rabbi.

It was 1984 and the signs cautioned Jews to beware of the “Conservativim” and “Reformim” who, like the pig, put forth their split hooves claiming to be kosher, but are actually the epitome of the tamei, unclean and forbidden animals.

Only a few years later, after leaving the Conservative Movement to direct the newly created Union for Traditional Judaism in America, an organization of laypeople and rabbis whose goal is to bring Jews closer to a traditional Jewish lifestyle regardless of affiliation, I met with then-Chief Ashkenazi and Sefardi Rabbis, to explain our approach to Halakhah and outreach.  Both addressed me as HaRav, rather than as rabbi, which was the coded title for a non-Orthodox rabbi.

Today, again living in Israel but retired from active rabbinic life, I am intrigued by the recent Supreme Court decision to recognize conversions performed by non-Orthodox rabbis in Israel, for citizenship purposes. My interest is less in the decision itself, which has long been expected, and more in the reaction to the decision here in Israel and in the Diaspora, particularly the U.S, and what that reaction portends.

For some, both in Israel and America, the decision is perceived as problematic because of the lack of separation between Church and State. Is this decision a determination of “who is a Jew ?” and therefore treads on the system of Jewish law/Halakhah for making such a decision, or is this a secular court decision on a question of civil law? Is this a blow to the power of the Israeli Chief Rabbinate that marks the beginning of its collapse, or a symbolic gesture that is a public relations victory for the Liberal Jewish movements, but little else?

As we march toward elections in Israel, politicians on the right who oppose the activist liberal justices of the Israeli court system point to the Supreme Court decision as evidence of overstepped bounds. But their concerns are not with Jewish law as much as with trying to keep the courts from making decisions that step on the toes of Knesset lawmakers. They would have the Knesset make this decision on citizenship, not the courts, though they could have done so 15 years ago when this matter was introduced to the Supreme Court.

On the supportive left in Israel, there is general agreement that the conversion ruling allows more freedom of choice, though even there some politicians have concerns about courts legislating rather than Parliament.

In the ultra-Orthodox communities there is public disdain for the secular courts, but I do not perceive the Chareidi world feeling overly threatened by this decision. There are very few people seeking to convert in Israel, compared to the numbers in the Diaspora, whose conversions would be recognized for citizenship regardless of the Supreme Court’s action.

In America, many perceive the citizenship decision as a victory for democracy and a blow to the autocratic behavior of the Israeli rabbinic establishment.

I wonder, though, if what we are seeing is the ancient question: “Is Judaism a national identity or a religious one?”. Prior to the establishment of the State of Israel, the question didn’t have to be answered and the lines could be blurred.  Now, nearly 73 years into the life of our physical national home, it is increasingly necessary to clarify those lines. Standards for Judaism as a nationality may indeed be different than those required for entrance into Judaism as religion.

Instead of focusing on one decision by the Israeli Supreme court and its implications, this may be the time to address the larger questions of identity. And to answer them.

I agree that Jews of all affiliations and those without an affiliation should be able to participate in the civil life of Israel with the rights and privileges thereof. The democratic ideal is the ideal. But when it comes to personal status as in marriage and divorce, there needs to be a unified standard in order to avoid social and religious chaos. This is pragmatic, not dogmatic.

The hard part will be seeing how broad-minded the Rabbanut of Israel can become in its halakhic approach. I am not pollyannaish about such a change in outlook. But the success of the Tzohar organization in Israel, possibly along with the UTJ in America, may eventually be able to influence it.  A direct and sustained non-public lobbying effort of the Israeli rabbinic establishment should be attempted, rather than attacking and thus forcing the Rabbanut to close ranks even more. If Chief Rabbis Avraham Shapira and Chakham Eliyahu Bakshi-Doron, of blessed memory, could both call me HaRav even after I had attacked their institution and before I had received my traditional/orthodox semikhah, anything is possible.

Please note: For another perspective on the decision of the Supreme Court of Israel, see Israeli Law Should Protect Jews But Not Define Judaism by Rabbi Noah Gradofsky.

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