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.