that since according to Halachah, a
Jew is one born of a Jewish mother,
regardless of whether or not he prac-
tices Judaism, he was and always
would remain a Jew.
But the Court ruled that the Law
of Return is a piece of secular legisla-
tion, and that "a Jew" is to be inter-
preted as Jews ordinarily understand
it. Therefore, "a Jew" could not "in
the language of men" apply to some-
one who voluntarily adopted another
faith.
Judge Silberg, writing for the ma-
jority of the Court, said, "the answer
to this question is, in my opinion,
sharp and clear — a Jew who has
become a Christian is not deemed a
Jew."
>
How did the Supreme Court
rule against lialachah
without protests?
Ironically, though the Court ruled
that tlalachah gave way in this in-
stance to the Jewish people's idea of
its own identity, there was no outrcry
from the Orthodox leadership,
presumably because in this particular
case, the Court excluded rather than
included an apostate. But the case
was significant in that it set a prece-
dent for allowing the state, not the infringe on the Halachic interpreta- ticipants in the national and
rabbinate, to decide who was Jewish tion of Jewish nationality.
. historical community of Jews and
Ben-Gurion accepted the ruling that they were seen as Jews by other
by nationality, at least for civil
and the interior ministry issued new Israelis. When the interior ministry
purposes.
directives applying Halachic stan- refused, he petitioned the Supreme
dards to Jewish nationality. It was a Court.
Is Jewish nationality the
solid victory for the Orthodox.
same or different from
After 18 months, the Court ruled
Jewish religion?
5-4 in Shalit's favor, emphasizing that
it was not deciding who was a Jew but
That question became the crux of So why are some Orthodox
simply the legal, technical issue of
the next Jewish identity crisis in leaders today seeking to
who can be listed as a Jew under the
Israel. In 1958, Minister of Interior
Israel Bar-Yehuda decided to standar- amend the Law of Return? nationality category of an identity
While the Orthodox interpreta- card. The registrar, the court said,
dize the inconsistent practices used
by officials in registering new tion remained the administrative law had no right to question a statement
immigrants' identity cards, which of the land for the next decade, the made in good faith.
The justices concluded that since
include religion and nationality. He Supreme Court issued a controversial
authorized his staff to simply record decision in 1970 that changed the in- the identity card was under a civil
law, the term "Jew" did not have to
whatever nationality information the terpretation again.
A Jewish officer in the Israeli coinicide with Halachic specifica-
immigrant supplied. "Any person
declaring in good faith that he is a Navy, Benjamin Shalit, had married tions. (In terms of personal status,
Jew [by nationality] shall be a non-Jewish woman in Europe and though, regarding matters • of mar-
registered as a Jew, and no additional settled with her in Haifa. They had riage and divorce where the rab-
two children there who, as natives, binical courts presided, the Shalit
proof shall be required."
children would still be considered
lb Bar-Yehuda, religious law was
non-Jews.)
for religious purposes; a person's own
But despite the qualifying limits,
feelings about nationality would be
the reaction from the Orthodox com-
the determining factor in issuing
munity was outrage, and the National
identity cards.
Religious Party threatened to leave
The reaction to this new directive
the government coalition unless the
was immediate and intense. The Or-
Knesset passed a law to amend the af-
thodox parties argued that while the
fect of the Court's ruling. Prime
state may determine who is a citizen,
Minister Golda Meir acquiesced and
it had no right to decide who was a
an amendment to the Registration of
Jew. That was a matter for Halachah,
Inhabitants Law was rushed through
the most enduring definition of
the Knesset prohibiting registration
Jewish identity over the centuries.
officials in the future from listing the
The Orthodox ministers, members
children of non-Jewish mothers as
of Ben-Gurion's ruling coalition,
Jews.
resigned from the cabinet, creating a
crisis over who would rule Israel —
But to appease the secularists, the
the Knesset or the rabbinical council.
Law of Return was also amended to
Ben-Gurion, though an atheist,
grant automatic citizenship rights to
was also a shrewd politician. lb end
Gentile spouses and to children of
the stalemate, he appointed a special
mixed marriages. In addition, the
committee to solicit the opinions of
amendment provided that a Jew by
Jewish sages and scholars in Israel
nationality should be defined as one
and around the world. In the mean- were automatically Israeli citizens. born of a Jewish mother or who has
time, Bar-Yehuda's directives would The question that arose related to converted to Judaism.
be put "on hold."
Pointedly, the manner of conver-
their nationality.
Shalit requested that his two sion was 'not defined, implying that
Over several months, 43 scholars
offered their views, and the over- children be registered on their iden- the state would recognize conversions
whelming majority endorsed the tity cards as Jews. He argued that his performed outside of Israel by non-
religious view that the state could not children were being raised as par- Orthodox rabbis.
THE DETROIT JEWISH NEWS
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