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Who is a Jew? Provocative Articles Category

The Law of Return, passed in 1950, guaranteed to all Jews the right to immigrate to Israel. Along with the Nationality Law (1952), which granted Israeli citizenship to people (including non-Jews) who lived in the country prior to 1948, the Law of Return also extended to Jewish immigrants (unless they specifically deferred citizenship or renounced it) immediate Israeli citizenship. Non-Jewish immigrants could acquire citizenship through a slower process of naturalization.

The problem of what constitutes Jewish "nationality" (leom) was essentially new. Before the modern era, one was a Jew (in the eyes of Jews and gentiles alike) by religious criteria; to renounce the religion meant renouncing one's membership in the community. In modern nation-states membership (citizenship) and religion were formally and, it was hoped, conceptually independent: one could be a British, French, or American citizen of the "Jewish persuasion." But the modern State of Israel presented special opportunities to Jews--the right to settle in the country and claim Israeli citizenship as a right, in Ben-Gurion's words, "inherent in being a Jew." With these opportunities have come problems, both formal and conceptual, about the definition of "a Jew."

A halakic definition is available: a Jew is one who is born of a Jewish mother or who converts according to the halakah. The traditional criteria thus consist of biology (descent) and religion. In a sense, biology dominates religion, because, according to halakah, someone remains a Jew if born of a Jewish mother, even if he or she converts to another religion, although such a person is referred to as "one who has destroyed himself."

The response of the scholars--even the non-Orthodox ones--was that it was premature to define who was a Jew in such a way that religion and nationality were separate. If not born of a Jewish mother, then a person must undergo a conversion to the Jewish faith to become a Jew. On the basis of this agreement, as well as Ben-Gurion's own political considerations, a new minister of interior from the National Religious Party, which rejoined the government, was appointed. In 1960 the new minister redirected the Bureau of the Registration of Inhabitants to define a Jew by administrative fiat as "a person born of a Jewish mother who does not belong to another religion, or one who has converted in accordance with religious law." This definition, advanced by an Orthodox minister, is not strictly halakic, since an apostate is still a Jew according to halakah but not according to this definition. Such was the criterion used to deny automatic Israeli citizenship to Brother Daniel, a Carmelite monk who was born Oswald Rufeisen, a Jew, but who converted to Christianity and then tried to claim citizenship under the Law of Return. The Supreme Court in 1962 upheld the ministry's definition, since according to the "commonsense" definition of who is a Jew of the "average" Israeli, "a Christian cannot be a Jew." (Brother Daniel later acquired Israeli citizenship through naturalization.)

The "Who is a Jew?" question still vexes the Knesset and the Supreme Court, and it has brought Orthodox and secular Israelis into sharp conflict. Sometimes the issue has arisen as individuals tested the directives in terms of their own predicament. In 1968 Benjamin Shalit, an officer in the Israeli navy who was married to a non-Jewish naturalized Israeli citizen, sought to register his children as "Jewish" under the nationality category, but to leave the category under religion blank. This would have the effect of separating religion from nationality but not violate the "commonsense" notion that one cannot be an adherent of another religion and still be Jewish. Shalit was claiming no religion for his children. The citizenship of the children was never in question: they were Israelis. What was at stake was their nationality.

Another way in which the "Who is a Jew?" issue arose involved the status of entire communities. Among these were the Karaites (a schismatic Jewish sect of the eighth century that rejected the legitimacy of rabbinic law), the Bene Yisrael (Jews from near Bombay, India, who immigrated in large numbers in the 1950s), and from the 1970s onward, Jews from Ethiopia--Falashas. The controversy arose over the fitness of these Jews, according to halakic criteria, for intermarriage with other Jews--not over whether they were Jews. The question was whether, because of their isolation (Bene Israel or Falashas) or schismatic deviance (the Karaites), their ignorance or improper observance of halakic rules had not rendered them essentially communities of mamzerim, fit only to marry each other or (according to halakah) Jewish proselytes.

These community-level disputes have had different outcomes: the Orthodox Jewish authorities have not relented on the Karaites, who were doctrinal opponents of rabbinic law, despite pleas to bring them fully into the fold. The Karaites thus remained, according to halakah, a separate community for purposes of marriage. Young Karaites sometimes concealed their affiliation to "pass" in the larger Jewish Israeli society, where they were in all ways indistinguishable. In the mid-1960s, the Orthodox backed down on the Bene Yisrael, changing the rabbinate's special caution against them in the registration of marriages between Jewish ethnic groups to a general caution. The Ethiopian Falashas, among the newest additions to the Israeli Jewish mix, still faced some uncertainty in the 1980s--again, not so much in terms of their Jewishness, which was accepted, but with respect to marriage to other Jews.

It is in regard to the principles of the divinity and immutability of halakah that Orthodoxy opposes Conservative and Reform Judaism. Conservative Judaism affirms the divinity of halakah, but questions its immutability. Reform Judaism denies the authority of both principles. Because of these views and their control over the religious establishment, Orthodox Jews have been able to keep rabbis of either persuasion from establishing full legitimacy in Israel. But because the majority of Jews in the Western democracies, if they are affiliated at all, are affiliated with Reform or Conservative congregations, and because of the high intermarriage rates, as of 1988 Orthodox Jews have been unable publicly to invalidate Reform or Conservative conversions to Judaism under the Law of Return by amending the law again to stipulate specific conformance with halakah as the sole mode of conversion. Yet many new immigrants (and some long-time residents) whose status is in doubt have undergone Orthodox conversions--often added onto their previous Reform or Conservative ones--once resident in Israel.

Source: U.S. Library of Congress


Now, what, you may ask, does the Right of Return have to do with end times madness? The Right of Return is, in fact, the very essence and root of Christian Zionism as to how it relates to their understanding of the Abrahamic promises of God and it is this mis-application of the promise, as applied by Christian Zionists, to the so-called Jews of today that has created this enormous movement of Israel worship among many evangelical organizations in Europe, Canada and the United States.

The main contention this author has concerning Christian Zionists is their insistance that national Israel of today are the blood promised descendants of Abraham, thus are the only and true reciepients of the land promise of God, not to mention that the land promise is still in effect even today. Christian Zionists have yet to answer the question as to how much of Abrahams blood, according to Scripture, does one need to have in order to be a descendaant of Abraham according to the promise? Their refusal to answer is instead substituted with the very tiring assertion that just such a person who would dare to ask such a question is one who twists and perverts Scripture to fit an anti-Semitic "theology."

Nothing could be further from the truth. It is the truth revealed in Scripture that we preach. This plain truth is the same proclaimed in an open letter to Evangelicals and other interested parties concerning "The People of God, the Land of Israel, and the Impartiality of the Gospel" by KNOX THEOLOGOICAL SEMINARY.

The following is a reproduction of this open letter:
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