Israel rules on what constitutes a Jew – archive, 1970
The Supreme Court of Israel yesterday resolved to its own satisfaction the complex question of what constitutes a Jew in Israeli law. But its verdict, reached by a 5-4 majority, promises to pose a series of cruel dilemmas for religious Jews, and carries the seeds of a major politico-religious storm both within the country and among Jews generally.
Sitting for the first time with nine of its 10 members, the court yesterday announced in Jerusalem that the children of Lieutenant-Commander Binyamin Shalit should be registered by the Ministry of the Interior as Jews, though their mother is a Scot of no declared religion. Under Rabbinical law Jewishness descends through the female line and, apart from conversion, it is not possible for the children of a non-Jewish woman to be considered Jews.
Thus for the first time, the law of the state differs from that of the Rabbinate in the most sensitive area of the Israeli consciousness. From time immemorial the Orthodox have maintained that there can be no separation of nationality and faith for the Jew. This tenet was observed by the Government when it refused to accept that Commander Shalit’s children could be shown on their identity cards as “Jewish” after their religion had been declared as “none.” The fact of a non-Jewish mother was held to be conclusive.
The problem was not entirely academic in that various rights and liabilities stem from the declaration of nationality – Moslems, for example, may not serve in the Israel army – the Commander held that a civil question was being determined on religious grounds.
Tradition
From the time of the Palestine mandate there has been a tradition that each community in the country – Jewish, Moslem, and Christian – appointed a religious body to determine the law relating to “personal status” – religion, marriage, divorce, and the like. This was maintained when the State of Israel was formed. Because of the circumstances of its foundation and the long history of the Diaspora it was probably inevitable that the influence of the strictly Orthodox Jews should be disproportionate.
The main impression to strike the visitor to Israel is the sometimes crazy mixture of fervent experimental socialism and rock-hard fundamentalist religion. I was once driving through an ultra modern housing estate when my car was stoned by outraged children who saw me breaking the rules of the Sabbath. They were not particularly contrite when they found I was not Jewish.
These Orthodox elements represent about 20 per cent of the population, and every Government since independence has had to rely on the religious parties to form part of the coalition. At present the New Religious Party holds three portfolios in the Cabinet, including the crucial Ministry of the Interior. There have been strong reports that Mrs Meir, the Prime Minister, has given undertakings to upset the court’s ruling by new legislation.
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Russian Jews?
But the consequent debate seems likely to open some raw wounds. If the decision is repealed what will be the position of the Russian Jews? This community, two million strong, is of huge emotional significance in Israel.
But there has been a fair amount of intermarriage down the years and many Russian families who regard themselves as Jewish, and are certainly so treated by the Soviet Government, have non-Jewish mothers. Are they to return to the homeland and then find themselves disqualified as Jewish in the name of Judaism? And what about American Jews, whose funds largely support the State? They have intermarried too, and are not likely to be wildly happy at being told their children are beyond the pale.
The issue has always been there, of course, but it has been tidied away because of its embarrassments. More than one-third of the Jews in Germany who perished under the Nazis had married Gentiles but the Israelis accepted the reparations paid on their behalf and that of their children. No one could seriously argue that they should not have done, but that is the danger which the Orthodox Jews now find themselves in.
With one extreme Orthodox sect disputing even the right of the Jewish State to exist as a secular entity one should not, perhaps, look for too much rationalism in the debate. It strikes deep into the subconsciousness of a race which has been concerned for two millennia to maintain its identity against every assault. But one of its results may well be to disentangle Israel from some of the stifling religiosity which was the price of its foundation. And that, in turn, could even lead to some sort of advance in the whole political stalemate of the Middle East.
