The question of Jewish identity is not
one of merely abstract or theoretical interest. To the contrary,
at certain periods of Jewish history – such as the
Holocaust – the question of “Who is a Jew?”
was literally a matter of life and death. Thus, baptized
Jews who were church members in good standing were still
forced to wear the yellow star, still deported to the concentration
camps, still slaughtered systematically – simply because
“Jewish blood” flowed in their veins. There
were even charts used by the Nazis to determine the degree
of one’s Jewishness (from full Jews to one-quarter
Jews), and Jewish ancestry on either parental or even grandparental
side qualified one for the gas chambers. In fact, it is
generally understood that the Law of Return, following on
the heels of the birth of the modern State of Israel, was
drafted by David Ben-Gurion “in the shadow of the
Holocaust” in order that “whomever the Nazis
called a Jew and sent to the death camps was to be offered
refuge in the newly established State of Israel.”1
Thus, Jews from around the world would automatically be
granted Israeli citizenship should they wish to settle in
their ancestral homeland.
For more than fifty years, however, this
very law has been a major source of controversy and division
in world Jewry, simply because it failed to define who,
exactly, qualified as being a Jew.2 Well known cases in the
Israeli Supreme Court debating the question of “Who
is a Jew?” include: the Brother Daniel Case, 1962;
the Funk-Schlesinger Case, 1963; the Falasha Wedding Case,
1968; the Shalit Case, 1969 (also known as the “Who
Is a Jew?” case); the I. Ben Menashe Case, 1970; the
Zigi Staderman Case, 1970; the Langer Case, 1972; and, more
recently, the Beresford Case, 1989. Indeed, Rabbi Dr. Meyer
Minkowich claims that similar debates can be traced back
two thousand years, stating that the question of who is
a Jew “was a controversial issue in Judaism during
the Second Commonwealth period, causing division and schism
on a grand scale, much wider in scope than at present.”3
A Complex and Volatile Issue
The complexity of the issue of
Jewish identity is immediately apparent from a representative
sampling of the titles of the many hundreds of books and
articles that have been devoted to this subject over the
last five decades. Thus, Oscar Raines entitled his 1976
study, The Impossible Dilemma: Who Is a Jew in the State
of Israel?,4 while Meryl Hyman’s 1998 compilation,
“Who Is a Jew?”, consisting of insightful
interviews with Jewish leaders from America, Israel, and
England, is subtitled Conversations, Not Conclusions.5
Thus it appears that only ambiguity is certain! Jack Segal
raised the question “Is an Apostate a Jew?”6
while I. M. Lask asked, “When Is a Jew Not a Jew?”7
Other articles, reflecting similar difficulties, include,
Benjamin Akzin, “Who Is a Jew? A Hard Case”;8
Solomon J. Khan, “Israeli, Hebrew, Jew: The Semantic
Problem”;9 and Rabbi Shmuel Bloom, “A Societal
Time Bomb in Israel.”10 Citations of analogous studies
could easily be multiplied, and it is not surprising that
Raines concluded his study with a degree of pessimism, arguing
that if the Conservative, Orthodox, and Reform denominations
cannot accept each other’s members as “full-fledged
Jews . . . then the dilemma of ‘Who Is A Jew?’
is indeed to be marked an eternal impossibility.”11
Commenting on the rulings of the some
of the landmark cases before the Israeli Supreme Court,
Barbara Weill observed:
In the [Brother Daniel] Rufeisen case,
a man considered Jewish halachically [i.e., according
to traditional Jewish law] is not accepted as Jewish under
Israeli civil law. [His mother was Jewish but he converted
to Catholicism.] On the other hand, the Shalit children
are considered Jewish under civil law, but not by the
Halacha. [Binyamin Shalit’s wife – hence the
mother of the children in question – was not Jewish,
but the father was an Israeli who fought in the army and
the family was not Christian.] The definition of Who is
a Jew is thus very problematical and one of the basic
bones of contention in the opposition between the religious
and secular parties today.12
The volatility of the “Who Is a Jew”
question is also readily apparent, as evidenced by these
representative quotes:
. . . the issue of “Who Is a Jew?”
emerged as the toughest problem Golda Meir faced in trying
to form a coalition government in March, 1974; and it
contributed to the fall of Premier Meir’s Government
the following month . . . .13
In an effort to further divide and confuse
the Jewish People, the Israeli establishment together
with the reform and conservative organizations, have come
up with the issue better known as: “Who
is a Jew?” 14
Indeed, it is still sometimes argued
that “if someone was Jewish enough for Hitler, he
should be Jewish enough for Israel.” The argument
implies that Hitler should be the arbiter of Jewishness
for Israel. Some of us, at least, are of a contrary view.15
According to the halachic conception
[i.e., the conception of traditional Jewish law] . . .
the head of Fatah in Jerusalem, the son of a Jewish mother,
is deemed to be a Jew, while the son and daughter of a
Jewish major [the aforementioned Binyamin Shalit, a Jew
born in Haifa who married a Gentile wife], who has fought
in defence of Israel, are deemed to be non-Jewish. The
thought of this [is] enough to make one’s flesh
creep.16
Recent developments, beginning with the
proposed Conversion Bill in 1998 in which Orthodox rabbis
sought to increase their control over determining Jewish
identity, have only heightened the tensions. In fact, Benjamin
Netanyahu, the Israeli Prime Minister at the time this bill
was introduced, commented, “It is easier to resolve
the problem with the Palestinians than to resolve this.”17
What makes this such a difficult subject?
It is simply that Jewish identity can be defined ethnically,
religiously, and now, with the rebirth of the State of Israel,
nationally. Thus, while it is fairly easy to answer questions
such as, “Who is an Italian?” or “Who
is a Buddhist?”, the question of “Who is a Jew?”
is not so readily answered. Moreover, given the divisions
that exist in Jewish denominations today, defining who is
a Jew on religious grounds alone is fraught with
difficulties, while recent decades have witnessed a vigorous
debate concerning how even Jewish ethnicity should
be determined. (I refer here to the issue of matrilineal
descent vs. matrilineal or patrilineal descent.)18
Historical Background to the Term “Jew”
The term Jew is derived from the Hebrew
yehûdî, and while it is common to speak
of Abraham, Isaac, Jacob, and Moses as Jews, this is historically
anachronistic, since the first recorded occurrence of the
word yehûdî is found in biblical books
dating to the 8th-7th centuries BCE, roughly 500 years after
the time of Moses and more than 1000 years after the time
of Abraham.
The historical origin of the term yehûdî
is as follows: The patriarch Jacob, whose name was later
changed to Israel, had twelve sons, one of whom was named
Judah (Hebrew yehûdâ). These sons then
became the eponymous ancestors of the twelve tribes of Israel,
and it was the tribe of Judah from which King David hailed.
Thus, in its earliest form, a yehûdî
(=Judahite; Judean) would have been a member of the tribe
of yehûdâ (Judah), although to date,
this usage is not attested. David, like Saul before him
and Solomon after him, reigned over a united kingdom consisting
of the twelve tribes of Israel. However, in the days of
David’s grandson Rehoboam (approximately 931-914),
the kingdom divided in two, with the northern kingdom, consisting
of ten tribes, being called Israel, while the southern kingdom,
consisting of the tribes of Judah and Benjamin, was called
Judah.19 The inhabitants of this southern kingdom became known
as yehûdîm, Judeans, and this usage
is attested in the Hebrew Scriptures (see, e.g., 2 Kings
16:6).
In the year 721 BCE, the northern kingdom
of Israel was destroyed by the Assyrians, with the ten tribes
greatly decimated, sent into exile, and, to a large extent,
lost to history (hence the concept of the “Ten Lost
Tribes”). Some of the Israelites, however, fled to
the south, becoming part of the kingdom of Judah. In the
year 586 BCE, the city of Jerusalem was destroyed by the
Babylonians and many of the yehûdîm
were exiled to Babylon. When the exiles returned to their
homeland approximately 50 years later, it was now under
Persian control and called the province of Judah and its
inhabitants were identified as “Judeans,” although
their heritage as “Israelites” was certainly
not forgotten. It is this term, yehûdîm,
Judeans, which ultimately became rendered “Jews”
in common English usage.
At this point, two observations should
be made: First, the term “Jew” comprehended
the totality of the people, regardless of tribal origin.
(In other words, an Israelite from one of the northern tribes
who had become part of the kingdom or province of Judah
was considered a Jew.) Second, “Jew” was primarily
the ethnic designation of the chosen people, since it continued
to describe this covenant people after many of them had
forsaken the Sinai covenant, fallen into idolatry, and departed
from the faith. Yet the people were still called Jews –
unbelieving Jews, apostate Jews, faithless Jews, but still
Jews.20
“Even if Israel sins, he is
still Israel”
An important text in this regard for traditional
Jewish thought is found in the Babylonian Talmud, Sanhedrin
44a: “Even if [Israel] sins, he is still Israel.”
This statement is based on a biblical passage found in Joshua
7:1 which reads, “But the children of Israel acted
unfaithfully in regard to the devoted things . . . . So
the LORD’s anger burned against Israel.” Thus,
in a scriptural text speaking of the nation’s sin,
the nation is still called Israel. In the Talmudic passage
just cited, the rabbinic sage Rabbi Abba explained the concept
with reference to a proverb, “Thus people say, A myrtle,
though it stands among reeds, is still a myrtle, and it
is so called.” Explaining this in practical terms,
the respected Talmudic commentator Marharsha (an acronym
for Rabbi Shmuel Edels) stated that this saying applies
even when a Jew sins and transgresses against the entire
Torah! This would mean that an atheistic Jew who ate pork
all his life and never once kept the Sabbath would still
be deemed a Jew, while a secular Israeli who was involved
in alien healing clinics and attended rock concerts glorifying
Hindu gods would still be classified as an Israeli Jew.21
Similar thinking applies to a Jew who “changes religions,”
reflected in the popular joke that asks, “What do
you call a Jew who gets baptized and joins the Church? A
baptized Jew!”22
Jacob Katz provides striking historical
evidence for this understanding dating to the tenth to fourteenth
centuries, explaining:
The principle that the apostate [meaning
a Jew who converted to Christianity] remained a Jew was
upheld even in the case of one who persisted in his apostasy,
although this led to grave consequences so far as his
Jewish relatives were concerned. If the apostate was regarded
as a Jew, his wife was still a married woman and could
not remarry unless he consented to divorce her according
to Jewish law. In such cases all possible means were used
to bring pressure upon the apostate to divorce his wife.
Very often this seems to have been achieved, though certainly
not always. In the latter cases the apostate’s wife
was doomed to a perpetual state of unmarried life. In
spite of this it was, apparently, never suggested that
the apostate, by severing himself from the Jewish community
and its religion, had become a Gentile and that his wife
should therefore be able to remarry without divorce.23
When related legal questions were brought
to Rashi, the foremost biblical and Talmudic commentator
of that era (or any subsequent era), he ruled that the apostate
Jew remained a Jew. As Katz notes,
It was in this connexion that Rashi
quoted the maxim ‘although he has sinned remains
a Jew’, which has, since then, become a standard
ruling in connexion with the definition of the status
of the apostate. . . . Behind this clear-cut statement
lies an emphasis on the unchangeable character of the
Jew, an emphasis that would contest any possible justification
for obliterating Judaism by baptism.24
Rashi even applied this ruling when it
touched on the very livelihood of the Jewish community,
since Jewish law forbade the charging of interest on loans
to fellow-Jews but permitted charging interest on loans
to Gentiles. Was it lawful, then, to charge interest on
loans to apostates? This was a question of real importance
when it is remembered that “money-lending [had become]
more and more the main basis of Jewish existence”
and many “apostates continued to have economic relations
with the members of their former community.”25 Rashi’s
ruling was the same: Even an apostate Jew is still a Jew
and must be legally recognized as a Jew; therefore he could
not be charged interest on loans.26
The Second Amendment
to the Law of Return and Internal Jewish Controversies
While still not answering with precision
the question of who is a Jew, an important precedent was
established in the Second Amendment to the Law of Return,
adopted in 1970. It was stated there that “a person
who has been a Jew and has voluntarily changed his religion”
forfeits his rights as a Jew is therefore no longer entitled
to receive citizenship in Israel as a Jew.27 Thus, since the
Right of Return is granted to all Jews, and since a Jew
who “voluntarily changed his religion” is denied
that right, that person, de facto, is no longer considered
a Jew. (Notice also the expression, “a person who
has been a Jew,” indicating a change of status.)
David Clayman, speaking of the landmark
court decisions lying behind this amendment, noted correctly
that, “By this ruling the law of the land contradicted
Jewish law, since according to rabbinic halakhah, a Jew
remains a Jew even if he is converted to another faith.”28
The Second Amendment to the Law of Return, therefore, represented
a significant shift in defining Jewish identity. Hence,
in 1989, when Gary and Shirley Beresford, Messianic Jews
from South Africa, were denied citizenship based on an alleged
change of religion, other Messianic Jews wrote an open appeal
to the Israeli Supreme Court. With evident passion, they
asked:
Can the Supreme Court justly turn its
back on such a large number of Jewish people, as so many
nations in World War II did to our people fleeing Nazi
concentration camps? The answer must be a resounding No.
Israel is also our refuge and homeland. In the wake of
the Holocaust, to refuse Messianic Jews, or ANY group
of Jewish people, the right to immigrate as Jews under
the Law of Return is unconscionable.
The Messianic Jewish Alliance of America
rejects the 25 December 1989 Israeli Supreme Court decision
[i.e., the Beresford decision] as diametrically opposite
to the very reason for the existence of the State of Israel.
As Jews who treasure our heritage and our tie with our
homeland, Eretz Yisrael, we plead with the men of the
Supreme Court not to issue a White Paper against us like
the infamous one issued [by the British] in 1939, nor
bar us from free immigration to our homeland. If the Modern
Israeli nation is to fulfill the destiny her founding
fathers envisioned for her - to be a refuge for the weary,
returning exiles from all nations - how can she shut her
doors to her own children and still retain that destiny?
The decision rendered by the Israeli
Supreme Court on the case of Gary and Shirley Beresford
contradicts the original intention of the Law of Return,
which was to ensure the physical survival of the Jewish
people. It was not intended to promote a particular religious
persuasion within the framework of the Jewish nation.29
This appeal also underscores the fact
that the Second Amendment did not address the question of
what exactly was meant by a change of religion. In relation
to the 1989 case just cited, it could fairly be asked if
Jews who observe the Sabbath, celebrate the Feasts, make
aliyah to Israel, fight in the Israeli Defense Forces, and
believe that Jesus (Yeshua) is the promised Jewish Messiah
have changed religion. Does belief in Jesus, himself a Jew
born of a Jewish mother, invalidate one’s Jewishness?
Did any of the Jewish contemporaries of the first century
Jewish leader Saul of Tarsus (better known as the apostle
Paul) claim that he was no longer Jewish because he followed
Jesus as the Messiah? Apparently, Michael Shapiro, the author
of
The Jewish 100: A Ranking of the Most Influential
Jews of All Time (Secaucus, NJ: Citadel, 1996), would
argue that Paul/Saul still retains his identity as a Jew,
ranking him sixth on the all time list. (He ranks Moses
first and Jesus second, with Mary/Miriam, the mother of
Jesus, ranked ninth.) And isn’t it commonly stated
that Jesus and all his first followers were Jews? What then
constitutes a change of religion? By what definition?
According to some branches of Judaism,
Reform Jews are not really Jews, since they deny a number
of Maimonides’ Thirteen Principles of the Faith, they
reject the binding authority of the Orthodox rabbinate,
they pick and choose which Torah commandments are relevant,
and, in some cases, they even ordain homosexuals as rabbis.
Have they changed religion?30 According to a much-discussed
statement of the (Orthodox) Aggudath Rabbonim issued in
1997, the Conservative and Reform movements are “outside
of Torah and outside of Judaism,” a statement causing
outrage among those very Conservative and Reform Jews. Yet
is has been argued that this pronouncement, “does
not say that Reform and Conservative
Jews are not Jews. [This] statement does not say anything
about Jewish status. . . . status as a Jew has nothing to
do with what you believe; it is simply a matter of who your
parents are.”31 One could then conclude that a Jew can
remain a Jew while being completely outside of Judaism.
If so, what constitutes a change of religion? And, since
Reform Jews recognize as Jewish the children of either a
Jewish mother or father as long as that child was “raised
Jewish” (see n. 18, above), we must ask, What does
it mean to be raised Jewish?
What is the status of a Jew who abandons
traditional Judaism, embraces New Age beliefs, and practices
yoga? Has that Jew changed religion? Is he or she still
a Jew? Or what of Jews from the ultra-Orthodox Lubavitch
sect who believe that their deceased leader, the Rebbe,
Menachem Mendel Schneerson (1902-1994), is actually the
divine Messiah who will rise from the dead (or, who has
risen from the dead) and will come again? Have these deeply
devoted Jews changed religion, as some Orthodox leaders
have recently claimed? If so, then we must question the
Jewish status of the head of the Rabbinical Court of Montreal,
since he is a Lubavitcher who believes in the messiahship
of the Rebbe.32
Is being a Jew simply a religious matter?
If so, are Jewish polytheists still Jews? Is being a Jew
simply a matter of ethics? If so, is an unethical, corrupt
Orthodox rabbi still a Jew? Is being a Jew a matter of solidarity
with the people of Israel? Then what of anti-Zionist Israelis?
Are they sill Jews? Is being a Jew simply a matter of ethnicity?
If so, then one’s religious beliefs can’t change
one’s Jewishness.
Judaism, Christianity, and the Question
of Conversion
Within 100 years of the crucifixion of
Jesus, there was a distinct, ever-widening gap between Church
and Synagogue. What had begun as an entirely Jewish movement
– Jewish men and women following a man they believed
to be the Jewish Messiah – had become predominantly
Gentile, due to two main factors: 1) The majority of Jewish
leaders rejected Jesus as Messiah, and his followers were
ultimately driven out of the synagogues; 2) An increasing
number of Gentiles became followers of Jesus, quickly forgetting
the Jewish roots of their faith. Ultimately, the schism
between Church and Synagogue became so pronounced that a
Jew had to completely renounce every form of Jewishness
– both socially and religiously – in order to
be baptized into the Church. A typical, medieval baptismal
formula required the Jewish convert to say:
I renounce the whole worship of the
Hebrews, circumcision, all its legalisms, unleavened bread,
Passover, the sacrificing of lambs, the feast of Weeks,
Jubilees, Trumpets, Atonement, Tabernacles, and all other
Hebrew feasts, their sacrifices, prayers, aspersions,
purifications, expiations, fasts, Sabbaths, new moons,
foods and drinks. And I absolutely renounce every custom
and institution of the Jewish laws . . . . in one word,
I renounce absolutely everything Jewish. . . .33
This, of course, represented a complete
reversal of the initial historical realities, since the
controversy among the first followers of Jesus was not,
“Can a Jew become a follower of Jesus and still be
Jewish?” (Such a question would have been as superfluous
as asking, “Can a black man become a Black Muslim
and still be black?”) Rather, the initial question
was, “Can a Gentile become a follower of Jesus –
the Jewish Messiah – without first becoming Jewish?”
(See Acts 15 for documentation of this.) The answer was,
“No, a Gentile need not become Jewish in order to
follow Jesus, since he is the Savior of all mankind, not
the Savior of Jews alone.” Unfortunately – and
quite tragically – once these historical verities
were forgotten, and once the Church came into political
power in the fourth century, Church-sponsored anti-Semitism
became more and more widespread, leading to the Crusades,
Inquisitions, and, indirectly, even to the Holocaust.34 And
yet, despite this painful and disastrous separation, when
a Jew did convert to Christianity, renouncing his ties with
his people, he was still recognized as a Jew by the prevailing
views of traditional Jewish law.
Over the course of the last century, however,
as many Christian theologians have sought to recover the
Jewish roots of their faith, many Jewish followers of Jesus
have actively sought to retain their identity as Jews –
not in spite of their faith in Jesus (often referred
to by his Hebrew/Aramaic name Yeshua), but rather because
of their faith in him.35 In fact, many of these believers
(variously called Hebrew Christians, Jewish Christians,
or, more specifically, Messianic Jews) have argued that
they were living secular lives with no real connection to
their people (or the land of Israel) until they came to
faith in Yeshua, as a result of which they began to follow
the biblical, Jewish calendar, observe the Sabbath, and
strongly support the modern State of Israel. Not only so,
but in order to cultivate their Jewish identity, many of
them left traditional churches and began to attend Messianic
Synagogues. Today, there are Messianic Jews who can trace
their spiritual lineage back for five generations, while
many others have made aliyah to Israel, with their sons
and daughters now fighting in the IDF. They would even object
to being called “Christians,” insisting rather
that they are Messianic Jews. This is also reflected in
national Messianic Jewish conferences in which subjects
for discussion range from, “The place of Jewish liturgy
in a Messianic service,” to, “Where do Gentile
Christians fit in a Messianic congregation?”
Of special interest are the recent proposals
made by two respected Jewish scholars and leaders –
Dan Cohn-Sherbok, a Reform rabbi, professor, and prolific
author, and Dennis Prager, one of the best-known Jewish
voices in America – to recognize Messianic Jews as
holding to a valid expression of Judaism. For Prager, this
could happen with some very significant modifications of
theology and praxis on the part of Jewish believers in Jesus;36
for Cohn-Sherbok, this recognition could happen right now,
without any change required on their end.37 Cohn-Sherbok has
even edited a volume entitled, Voices of Messianic Judaism:
Confronting Critical Issues Facing a Maturing Movement.38
Reflecting the position of Jewish pluralists, he writes,
“If non-theistic and non-halakhically observant forms
of Judaism are acceptable, why, they ask, should Messianic
Jews, who are observant believers, be denied recognition
within the Jewish community?”39 And, in light of “the
vitality of Messianic Jewish conviction,” he goes
so far as issuing a challenge: “The Jewish religious
establishment would do well to reflect on the seriousness
of this quest to revitalize Jewish life in a post-Holocaust
age.”40
In stark contrast with this, as noted in
the discussion above, there are prominent Orthodox Jewish
leaders who not only deny Jewish status to Messianic Jews
– as in the Beresford case of 1989 – but also
deny Jewish status to Gentiles who converted to Judaism
under the auspices of Reform or Conservative rabbis. (They
also deny the validity of non-Orthodox Jewish marriages,
hence obviating the need for a divorce if one of the parties
becomes Orthodox, since the first marriage is not considered
valid.) There are even cases in Israel today in which Orthodox
rabbis have revoked the Jewish status of Gentiles who converted
to Orthodox Judaism but subsequently failed to live fully
Orthodox lives. Not surprisingly, this has resulted in an
outcry from many sectors of Judaism.41 In fact, Rabbi Dr.
Ismar Schorsch, Chancellor of the Jewish Theological Seminary,
the central institution for the training of Conservative
Jewish rabbis worldwide, recently stated: “I believe
that Israel needs to be a Jewish state,” but then
explained, “It cannot be an Orthodox state and to
make it an Orthodox state will shrink it and render
it insignificant to the Jewish people.”42
What this means is that the already volatile
question of “Who is a Jew?”, if answered by
Orthodox Jewish voices, could well become increasingly volatile,
with the means of determining Jewish identity becoming increasingly
subjective and divisive.
Pragmatic Thoughts on Jewish Identity
It should be readily apparent from this
paper that the question of Jewish identity, defined on ethnic
grounds alone, is not particularly complex or difficult.
Thus, someone born of a Jewish mother (for the question
of a Jewish father, see immediately below) could not cease
to be a Jew – regardless of belief or practice –
anymore than a human could cease to be a human.43 On the other
hand, this does not guarantee endless generations of Jews
who are Jews by bloodline only. To the contrary, once a
Jew breaks ties with his people through assimilation and
intermarriage, Jewish identity tends to be completely lost
over the course of three or four generations. Thus, some
degree of attachment to one’s Jewish identity is a
sine qua non for the continuity of the Jewish people.
It can therefore be argued on practical and historical grounds
that any child born of a Jewish mother (or father, a position
supported by scriptural precedent) who recognizes himself
or herself to be Jewish and who affirms his or her connection
to the Jewish people must be recognized as a Jew, while
those Jews who reject such identification will soon sever
themselves from their people over a process of time.
However, once specific questions of Jewish
observance and beliefs, along with the question of “changing
religion,” are brought to bear on the question of
“Who is a Jew?” – ranging from ultra-Orthodox
to Reconstructionist to Hasidic to Messianic perspectives
– then a Pandora’s box is opened that cannot
easily be closed. Thus, a Messianic Jew could theoretically
question the Jewishness of an Orthodox rabbi – since
the Messianic Jew would argue that true Jewishness requires
faith in Yeshua as Messiah – while an Orthodox rabbi
could question the Jewishness of some of the founders of
the modern Jewish state, since many of these pioneers were
non-religious at best and atheistic at worst. (In the words
of the late Grand Rabbi of the Satmar Hasidim, Yoel Teitelbaum,
Israeli Independence Day commemorates, “The day that
the members of the conspiracy against G-d and His Messiah,
established their Kingdom of Atheism over the Jewish People,
by uprooting the Holy Torah and the Faith.”44 )
In conclusion, then, we can safely say
that if the Supreme Court of Israel – itself a rabbinical
court – can hardly bear the burden of determining
Jewish identity on religious grounds without sparking controversy
among Jews worldwide, much less can the secular courts of
the world attempt to tackle this subject on those very same
religious grounds.45 However, once a primarily ethnic identification
is accepted – in keeping with pre-1960 historic precedents
– the controversy surrounding the question of Jewish
identity, will, for all practical purposes, greatly diminish,
both in scope and intensity.
1 Clayman, “The Law of Return Reconsidered,” Jerusalem
Letters of Lasting Interest, No. 318 18 Tammuz 5755/16
July 1995, www.jcpa.org/jl/hit01.htm.
Clayman states, “In the wake of the horror of the
Holocaust, this law was meant to ensure the right of every
Jew to find refuge and to build a new life in the Jewish
homeland. Indeed, the Law of Return was the infant state’s
conditioned response to the British White Paper of 1939,
which slammed shut the gates of Palestine and doomed the
Jews of Europe.”
2Clayman,
ibid., observes; “At that time, it seemed inconceivable
that anyone but a Jew would claim to be a Jew.” Rabbi
Joseph Telushkin commented, “How ironic that the Law
of Return – a law that symbolizes to all Jews their
personal stake in Israel’s existence – has led
to bitter fighting and divisions within the Jewish community.”
Jewish Literacy (New York: William Morrow, 1991),
335.
3
The Issue of Who Is a Jew: In a Historical Legal Perspective
(Hebrew; New York: Sepher Hermon, 1975), ix (from the English
Preface).
4
New York: Bloch Publishing, 1976.
5
Woodstock, Vermont: Jewish Lights Pub., 1998. This subtitle
is actually taken from comments made by Jonathan Sacks,
the Chief Rabbi of the United Kingdom, in his interview
in this same volume, 129-138.
6
Recontsructionist 29 (1964), 10-14.
7
American Zionist 55 (1965), 13-14.
8
Israel Law Review 5 (1970), 259-63.
9
Judaism 19 (1970), 9-13
10
The Jewish Week, Nov. 21, 2002.
11
The Impossible Dilemma, 94.
12 “Summary of Definitions on Who is a Jew?”, WZO,
Jerusalem, 1987, rev. 1997; www.jajz-ed.org.il/actual/conv4.html
13
Raines, The Impossible Dilemma, viii.
14 From an article from the Ahavat Israel website (specific
author unattested), “Orthodox, Conservative, Reform,”
www.ahavat-israel.com/ahavat/protest/judaism.asp
15 Bloom, “Societal Time Bomb.”
16
Israeli Justice Berinson, opining on the Shalit Case of
1968, as summarized by the Jerusalem Post Law Editor
Doris Lankin, reprinted from the Jerusalem Post
(January 25, 1970), 18.
17
Cited in Hyman, Who Is a Jew?, 97. For further
discussion, see Rabbi Uri Regev, “The Truth About
the Conversion Bill,” May 29, 1998, http://www.irac.org/article_e.asp?artid=65.
18 Orthodox Jews trace the Jewish blood line through the mother
(matrilineal descent) while Reform Jews also accept Jewish
parentage on the father’s side (patrilineal descent)
as valid, so long as the child is “raised Jewish.”
(We will return to the question of what it means to be “raised
Jewish” below.) For the historical background (from
an Orthodox perspective), cf. Lawrence H. Schiffman, Who
Was a Jew? Rabbinic and Halakhic Perspectives on the Jewish-Christian
Schism (Hoboken, NJ: Ktav, 1985); for recent developments
within Israel, cf. Haim Shapiro, “Israel Reform Movement
Conference Debates Patrilineal Descent,” http://www.irac.org/article_e.asp?artid=271.
Of course, one might still ask the question, “What
makes one’s mother [or, father] Jewish?”, pointing
again to the potential ambiguity of the issue.
19 Cf. Tracy R. Rich, “Who Is a Jew?”, in Judaism
101, www.jewfaq.org/whoisjew.htm:
“After that time, the word Yehudi could properly be
used to describe anyone from the kingdom of Judah, which
included the tribes of Judah, Benjamin and Levi, as well
as scattered settlements from other tribes.”
20 Reflecting later Jewish thinking, Rich states, “It
is important to note that being a Jew has nothing to do
with what you believe or what you do.” See Judaism
101, www.jewfaq.org/whoisjew.htm
21
The first example of the pork-eating atheist is meant to
be hypothetical albeit entirely feasible; the second example
of the secular Israeli actually reflects current practices.
For the rise of alien healing clinics in Israel, cf. Adrian
Dvir, X3, Healing Entities, and Aliens (Israel:
Gal Publishing, 2003); for the rock festivals in question
(including Boombamela, Shantipi, and Bereshit), cf. Barry
Davis, “Spiritual Yuppies find a home,” Jerusalem
Post, April 13, 2003; idem, “Surrounded by war,
young Israelis give peace a chance,” Jerusalem
Post, July 6, 2002; idem, “Green, calm and collected,”
Jerusalem Post, September 9, 2001 (Rosh Hashana).
22 It was my own father who shared this with me – immediately
after hearing it from his rabbi – early in 1972. Anecdotal
support for this is found in the fact that groups such as
Jews for Judaism and Outreach Judaism tacitly or explicitly
recognize Jewish followers of Jesus as Jews by the very
fact that they specially target them in their outreach efforts.
They certainly aren’t investing this kind of time
and effort in reaching Gentile Christians. Interestingly,
when Rashi’s son-in-law, Rabbenu Tam, was asked about
the status of Jewish children whose parents converted to
Christianity and had them baptized, he asked, “for
what does it matter if a minor was put into the water?”
See Jacob Katz, Exclusiveness and Tolerance: Studies
in Jewish-Gentile Relations in Medieval and Modern Times
(West Orange, New Jersey: Behrman House, 1961), 73.
23
Exclusiveness and Tolerance, 70.
24
Ibid., 71.
25
Ibid., 71.
26 Ibid., 72. Katz notes that there was limited opposition
to Rashi’s rulings, but his views ultimately carried
the day.
27 The entire paragraph in question reads: “The rights
of a Jew under this Law and the rights of an oleh [immigrant] under the Nationality Law (5712—1952),
as well as the rights of an oleh under any other
enactment, are also vested in a child and a grandchild of
a Jew, the spouse of a Jew, the spouse of a child of a Jew
and the spouse of a grandchild of a Jew, except for a person
who has been a Jew and has voluntarily changed his religion.”
28 Clayman, “The Law of Return Reconsidered.”
29 “An Open Letter To the Supreme Court of Israel from
the Executive Committee of the Messianic Jewish Alliance
of America and the International Alliance of Messianic Congregations
and Synagogues,” printed in the Jerusalem Post,
May 5, 1990. See www.mjaa.org/position/aliyah.html.
30 Cf. the responses given to Patrick Harrington by Rabbi Beck,
a leader of the ultra-Orthodox group Neturei Karta (the
questions are in bold; see further, below, n. 43): “PH: What for you then is the definition and essential
nature of a Jew? The definition of Judaism is that
Jews have received the Torah from Mount Sinai. They handed
over the Torah from one generation to the next. This is
the only possible definition of Judaism. There is no other
definition. PH: So then, a Jew essentially is one
who upholds the given Law? The Torah? One hundred
per cent! PH: What is your attitude to the Reform
Movement?The Reform Movement has left Ultimate
Truth. . . . PH: What then is the Zionist opinion
of what a Jew is if they have gone away from the definition
of someone who accepts the Torah and practices its precepts? The true definition of a Jew is faith and Torah. Zionism
says it is nationalism.” The interview was conducted
in 1991 and was published by Third Way Publications, P.O.
Box 1243, London, SW7 3PB, United Kingdom; it is reprinted
on http://www.nkusa.org/activities/Interviews/rabbiBeck.cfm.
31
Rich, Judaism 101, www.jewfaq.org/whoisjew.htm This same article notes that, “the Rabbinical Council
of America (the rabbinic arm of the Union of Orthodox Jewish
Congregations of America) immediately issued a strong statement
disassociating themselves from this ‘hurtful public
pronouncement [which] flies in the face of Jewish peoplehood.’”
32
See David Berger, The Rebbe, the Messiah, and the Scandal
of Orthodox Indifference (Oxford: The Littman Library
of Jewish Civilization, 2001); for specific reference to
the Montreal rabbi, and see ibid., 2, 56, 114, 118, 121,
143. For a Lubavitch response, see Chaim Dalfin, Attack
on Lubavitch: A Response (Brooklyn: Jewish Enrichment
Press, 2002).
33
Cited in Michael L. Brown, Our Hands Are Stained with
Blood: The Tragic Story of the “Church” and
the Jewish People (Shippensburg, PA: Destiny Image,
1992), 96. See James Parkes, The Conflict of the Church
and the Synagogue: A Study in the Origins of Antisemitism
(New York: Atheneum, 1985), 394-398, for further references.
34
For discussion and documentation, see Brown, Our Hands
Are Stained with Blood.
35 Coming from a somewhat different – albeit related
– perspective, Jean Marie Cardinal Lustiger once commented,
“I was born Jewish and so I remain, even if that’s
unacceptable for many. . . . For me, the vocation of Israel
is bringing light to the goyim. That’s my hope and
I believe that Christianity is the means for achieving it.”
This statement was made two years after he became archbishop;
see John Vinocur “A Most Special Cardinal,”
NY Times, March 20, 1983. In the same article,
Lustiger made the striking comment, “For me, this
nomination was as if all of a sudden the crucifix began
to wear a yellow star.”
36
As summarized by Berger, The Rebbe, 131, Prager
(to Berger’s dismay) proposed that “Jews for
Jesus be embraced by the Jewish community as long as they
change their name, cease proselytizing, formally declare
that they accept the messiahship of Jesus but not his divinity,
and break off relations with those who reject these requirements.”
See Dennis Prager, “A New Approach to Jews for Jesus,”
Moment (June 2000), 28-29. For a Jew for Jesus
to accept this proposal would be tantamount to spiritual
suicide.
37
See his Messianic Judaism: The First Study of Messianic
Judaism by a Non-Adherent (London/New York: Cassell,
2000).
38
Baltimore, MD: Lederer Books, 2001.
39
Ibid., xiv.
40
Ibid., xx.
41
Cf., e.g., the articles on the Israel Religious Action Center
website (www.irac.org).
42
Who Is a Jew?, 193, my emphasis.
43 As stated in the “Open Letter” from the Messianic
Jewish Alliance (see above, n. 29), “Jewish national
identity has never been, nor is at present, contingent upon
the faith held by a person of blood-Jewish lineage. . .
. a person who is born Jewish is Jewish, and their national
identity cannot be affected by the content of their faith.”
44
See www.nkusa.org/Historical_Documents/disbrosKodesh.cfm.
For similar statements from other ultra-Orthodox Jewish
groups who vigorously reject the validity of modern Israel
for these very reasons, see the articles posted on www.netureikarta.org,
the official website for “Jews United Against Zionism.”
Rabbi Teitelbaum even argued that those celebrating the
Israeli Independence Day sinned in a way that was “much
worse than accepting idolatry, because they not only accept
it [viz., Israel], but celebrate and rejoice in the terrible
rebellion against G-d and His Holy Torah. There are many
sinners and even deniers of the Faith, whose hearts trouble
them, because they are not serving G-d, but they are unable
to stand up against temptation and against deceitful ideologies
that confuse them. However, those who rejoice in this sin,
are guilty of much worse, blasphemy.” Telushkin notes
that the Neturei Karta today consist of only several hundred
families, arguing that, “pointing to the Neturei Karta
to prove anything about Jewish life is pointless. This tiny
group is as unrepresentative of Jewish views as the snake-handling
sects of West Virginia . . . are of Christianity”
(Jewish Literacy, 336). The Satmar Hasidim, however,
represent a more prominent movement, numbering into the
tens of thousands, while the late Rabbi Teitelbaum was himself
a man of great influence.
45
Cf. the comments of Chief Rabbi Sacks in his book One
People? Tradition, Modernity, and Jewish Unity (London,
UK : Littman Library of Jewish Civilization, 1993), cited
in Hyman, Who Is a Jew?, 133.