The conversion bill demystified
All you need to know about controversial legislation proposed by Yisrael Beiteinu, angering Jews across the globe.
By Yair EttingerWhat is the conversion bill?
It's a bill that Yisrael Beiteinu promised its voters, intended to jump-start the stalled conversion system.
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MK David Rotem |
| Photo by: Olivier Fitussi |
To whom is this law important?
Some 320,000 people who are not Jewish according to halakha (Jewish law ) live in Israel, most of them from the former Soviet Union. Though they are Israeli citizens, they cannot marry in Israel, and after their death, they cannot have a Jewish funeral. Yet many converts who invested many years and large sums of money in converting, including some who made personal sacrifices for their choice to be Jewish, have either discovered that their conversion is not recognized by the Haredim (ultra-Orthodox ) who dominate the Chief Rabbinate or even had it annulled by the rabbinical courts.
Hasn't the state found a solution?
After the Chief Rabbinate started refusing to perform conversions due to Haredi rabbis' objections, former prime minister Ariel Sharon set up special conversion courts under the auspices of the Prime Minister's Office. Dozens of rabbinical judges were recruited for the project, most from the religious Zionism movement. The system was headed by Rabbi Haim Druckman, and Chief Sephardi Rabbi Shlomo Amar had supreme authority over it.
Many of the converts were soldiers, who complete the process during their military service via the army's Nativ project. And last week, Beit Morasha, a Jerusalem center for Jewish studies, inaugurated the Israel Institute for Conversion Policy, which will focus on converting teens.
So it seems everyone is happy. Where's the problem?
The ultra-Orthodox rabbis may no longer be part of the conversion process, but they have found a way to impact converts' lives. Some marriage registrars refuse to register converts if they think they are not observant enough, and rabbinical court judges have revoked the conversions of converts who sought a divorce. The worst incident occurred in 2008, when the Rabbinical Court of Appeals retroactively annulled every conversion ever performed by Druckman's courts. Since then, conversion in Israel has been stuck in a rut.
What difference will the new bill make?
Since the government's conversion courts are weak, the bill offers a user-friendly process for those who want to undergo an Orthodox conversion. Its sponsor, MK David Rotem, proposes that municipal rabbis, who are part of the Chief Rabbinate, be allowed to set up conversion courts and carry out conversions even for those who do not live in their cities.
The bill increases the Chief Rabbinate's authority over conversions and requires the rabbinate to approve the appointment of conversion judges. But Rotem's assumption is that the Chief Rabbinate is not entirely Haredi; it also contains religious Zionist and modern Orthodox rabbis - and it is they who will perform the conversions. The bill also makes it harder to revoke conversions, saying rabbinical courts may do so only if the chief rabbis approve.
The Haredim, in contrast, hope the Chief Rabbinate will pressure municipal rabbis to adhere to their more rigorous conversion standards.
What are Reform and Conservative rabbis afraid of?
They are concerned that for the first time, Israeli law is giving the Chief Rabbinate authority over conversion. The rabbinate does not have that power today. They are also concerned by the bill's statement that conversion will be recognized only if the convert "accepted the Torah and the commandments in accordance with halakha." This unprecedented stipulation excludes the Conservative and Reform communities.
Finally, they fear it would effectively overturn a 2002 High Court of Justice ruling that required the Interior Ministry to recognize converts of all denominations, whether performed in Israel or overseas.
The Jewish Agency also objects vehemently to the bill.
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"They are also concerned by the bill's statement that conversion will be recognized only if the convert "accepted the Torah and the commandments in accordance with halakha." What is a Jew supposed to accept? Going to shul twice a year and eating lox and bagels? if we did it reform's way, every arab could take an 8 hour course on Judaism given by someone who teaches that Judaism is made up, and 1,000,000 Arabs will laugh at us and become Israeli citizens overnight.. Well, that wouldn't really happen because reform would then raise their standards and might actually require their converts to observe a mitzvah or two...
"many converts who invested many years and large sums of money in converting, including some who made personal sacrifices for their choice to be Jewish, have either discovered that their conversion is not recognized " "Money" is never an element in a true Giur... True personal sacrifices on the other hand are... Being Jewish is taken very lightly in our day and age. One should not desire to be halachically Jewish just to feel more Israeli. Many people who seek to convert do so for the wrong reasons. Those who have a problem with religion should be happy there is a place called Israel where, all criticism aside, it *is* completely possible to live as a Jew without in fact being Jewish... I for one have never felt in any way limited by either the religious authorities or individual "ultra-orthodox" Jews in living however I want to live in Israel... What nonesense... Stop whining already. Y'all don't know how good you have it. Perhaps you should try living as a Dhimmi for a while...
Hi to Orthodox and Secular Israelis and everyone else. To my knowledge I was NOT born Jewish. My grandmother spoke a little Yiddish, (she was from Germany), my mother held beliefs that were suspiciously Jewishlike... she taught me, to pray to the G-D of Israel, that Jews were the chosen people, what happened in Shoah, and she began preparing my food separately at around 12 years old when I ceased eating pork, shellfish, etc... She was married to a part Native American (Wei tribe) who tended to drink and be very abusive to her and to me. Fast forward, since I need to make this comment shorter, I didn't know what religion my mother really was. (She often said there was no need to go to church and we do not need any kind of intermediatey between us and G-D) So, after a trip to the library, I guessed she was Jewish. Meanwhile, my father was having a negative effect on both of us, but I awoke to hearing things like "I was to dumb to live" as a normal comments. I vowed that if mom was Jewish, I would seek out a rabbi and see what happens. I did. He was a Reform chaplain in the military services in the US. At 14 he taught me Hebrew, and would do the things with me, that I wish my real father had done (like we took walks and he went to my school to talk to my teachers). He quizzed me on the stories of the Talmud and I often saw myself like Reb Akiba living under a harsh regime. I love Reb Akiba to this day. It was only later I found out about his questionable ancestry. Anyway, my mom encouraged my studies under this rabbi, but the rabbi refused to convert me then. (I was too young.) Now I am over 50 years old. I am still friends with that chaplain. I also have friends who are Orthodox and I respect Orthodox Judaism. My teachers later was a prominent rabbi and rebbetzin now living in Jerusalem. (Hi Pearl) I know there are converts who have a disdain for Orthodoxy, but I also know converts who have been spit upon. Both sides have been hurt. Perhaps Reform and Conservative rabbis Should stop converting people. Instead, let their congregations just accept people who who wish to join. IF these Jews wish to convert via an Orthodox rabbi, then okay, but do not put such restrictions on their life that the average Jew does not have. Few Jews are consistantly observant all their lives. But all, are permitted to stay "Jewish". Even Orthodox accept born Jews as Jews who practice Wicca or pagan religions. That being the case, what difference does it make if anyone stays religiously observant? I personally don't care whether you are born Jewish or not, but it is how you act, how you live and what you know that matters. And in the end, I sort of feel that is how everyone really feels. If you want to say you are Jewish and practice Buddhism and eat pork roast, I will tend to not see you as practicing the same religion as me, but if you care about the G-D of Israel and the Jewish People, that is good enough for me. Now in my looking back, (btw, I was in Israel in October 2000) I believe that every convert should have the wonderful background that I had. I also know that "hurt people, hurt people" In other words, if Converts are rejected, they will turn on Jews and everything Jewish. It will be like a scab on the body that will fester and develop into an infection. I hope that someday in the future that this gets worked out.
Why is adherence to halaha such a big ideal. That stuff was written centuries ago by MEN of dubious authority and intellect and fails to take into account modern realities. I'd imagine it's time for a review and a re-write where applicable, just like with every body of laws which tend to be amorphous and flexible. At the very least the role of women, fully 50% of the population, needs to be more fully defined and equalized.
Halacha is the accepted interpretation of the Torah as transmitted over millenia by generations of scholars who applied basic principles to evolving circumstances. In recent generations that included London's Dayan Yechezkel Abramsky, Manhattan's Reb Moshe feinstein and Israel's Hazon Ish and Rabbi Joseph Elyashiv. Halacha has never stood still. This is why Orthodox Jewish schools manage to adjust and perform well in a variety of modern societies
... so you want to rewrite Judaism? Then how do you choose what to keep and what not to? Halachic responsa are being written all the time. It says in the Torah to where tefillin between your eyes... when you decide it's wrong that a woman isn't obligated to wear it, do you also decide it's wrong that we paint in black? How do you know that isn't wrong also? Without a mesorah going back to Mt. Sinai of how Judaism is practiced, you're just making up your own religion. If you think the mesorah is mistaken, okay, fine... make up your own religion that you like better, but don't call it Judaism and don't expect me to accept people that you 'convert' as Jews.
The insidious elitism of the Haredi and Orthodox rabbinate has its roots in a salvation theology which distorts Torah to serve its purpose of self-edification. According to their twisted understanding of Torah, only the observant Jew obeying Orthodox halacha is a legitimate member of the “saved” community. Olam Ha-ba (the World to Come/ aka God’s Kingdom) is promised only to those who join their fold. Others who falsify their passports to the future Kingdom by “pretending” to be Jews (Reform and Conservative Jews converted by their own rabbinate) only delay its occurrence. If this grotesque version of Judaism doesn’t ring a bell of alarm--it should. We, as a People, have recognized the importance of transcending clerical hierarchies. Political powerbrokers wearing the garb of clergy now decree salvation for those who prove their worthiness not to God (like Ruth)--but to them, as if they speak for God. In substance, they are no different than those of other religions who demand obedience to their proclaimed truths as they ascend a "heavenly" throne created by their perverse claims to divine prerogative,
Those of us within Haredi circles do not recognise your description. We say every week before Pirkei Avos at Shabbos mincha, 'All israel have a share in Olam Haba.' ALL Israel, not just an elite.
According to democratic and Enlightened theory, 'the state' is nothing more then a tool for the functioning of a nation. The state has nothing to do with the religious institutes, the rabanut has no power over the functioning of the state. The two are completely seperate, unless.... you live in Israel, Saudi Arabia or Iran. Israel was founded as a secular state in order to rid the Jewish people of the religious oppression in the Stetles and the Ghettos. Now, the revenge of the orthodox makes Jews in Israel the most religious oppressed and the Jews in the US and Europe the most free. History has its cynical turns....
The mother of parliaments is at Westminster in London. The House of Lords includes numerous Church of England bishops and also the Chief Rabbi. The UK is no less democratic because it has an official church and H M The Queen is head of both state and church. Israel follows the British model of an established faith which is Orthodox Judaism. Many countries have established churches. The USA and France may be the exceptions rather than the rule.
... so take the religious issue out of Israel. Why is citizenship based on being Jewish? If the state didn't involve itself in religious matters, there'd be no issue, but once it does, then they need to do it right. You can't call someone a convert to Judaism if they're not even keeping the ten commandments... e.g. #4 - keep the Sabbath holy. It explicitly says don't light a fire... if you're using a combustion engine and incandescent light bulbs, don't tell me you've converted.
...the Reform's and the Conservative's fears as being based on the old saying about "the camel getting its nose under the edge of the tent?" (And is there any truth to the reports that camels are stubborn, ornery--and known to bite?)
Haredim don't match their kids up with converts. There's no historic / accepted basis in halakah to annul anyone's conversion. If municipal rabbis won't register people for marriage, just fire them: They're employees of the state. It's not necessary to go to such extremes as this bill proposes.
When does it not suit their needs? There are plenty of converts and their kids in Haredi circles. We see converts as lost souls coming home to where they belong.
I can understand that conversting may take many years, but where does the need for 'large sums of money' come from?
..it's always about the money; especially when it comes to the Haredim.
currently the rabbinate demands that you attend at least 3 times a week a conversion coure in Jerusalem (some converts live in tel Aviv), which means you cant work during the time; conversion takes at least 1,5 years, which means that a normal Israeli (for example immigrant from Russia) simply cant afford to convert.
Mr. Ettinger covers the bases very well in this article, but does not enlarge on his comment mentioning that the Hight Court of Justice already ruled in 2002 that the Interior Ministry must recognize all converts. The ultra-religious community continually thumbs it nose at High Court rulings, but the Legislature ignores the situation because, G_d forbid, it might hurt someones feelings.
Laws are made by democratically elected Members in the Knesset. The Court interprets the Law but does not make it. Having Liberal converts who do not practise even basic Judaism like Shabbos, kashrus and taharas mishpacha makes conversions doubtful.
The Israeli Supreme Court is a joke. They self-appoint each other, all come from the same law school, are all Ashkenazai, and could all be photocopies of one another. There is no constitution to base their rulings on (because they choose not to base them on Torah... G-d forbid! No wait... G-d.... nevermind). Their decisions are political and routinely ignored by all in the government... religious or not.