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September 03, 1993 - Image 56

Resource type:
Text
Publication:
The Detroit Jewish News, 1993-09-03

Disclaimer: Computer generated plain text may have errors. Read more about this.

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Jewish Status Cases
Must Be Explained

Jerusalem (JTA) — In a case
pitting secular and religious
laws against each other, the
Supreme Court has ordered
the Interior Ministry to ex-
plain within 45 days why it
relies on the rabbinic courts
to determine the Jewish sta-
tus of immigrants.
The order came in re-
sponse to a petition filed by
the Reform Movement's Re-
ligious Action Center, which
claims that the Orthodox-
controlled Interior Ministry
and the rabbinic courts are
exceeding their proper au-
thority.
The petition also charges
that the attorney general
failed to exercise his au-
thority to prevent the ac-
tions of the ministry and the
religious courts.
The center's petition was
filed jointly with Yelena
Mazibovksy, who im-
migrated here last year.
During the process of ap-
plying for citizenship, she
was referred by the Interior
Ministry's population
registry to the rabbinic
courts to determine the
authenticity of her claim to
be Jewish.
But according to Rabbi Uri
Regev, the center's director,
the determination of Jew-
ishness in the population
registry is a civil and secular
matter under Israeli law,
over which the rabbinic
courts have no jurisdiction.
He said the rabbinic courts
have "incidental authority"
over determining Jewish
status only in certain
matters. Questions about
the legality of a marriage,
for example, do fall under
their jurisdiction.
But the Interior Ministry's
practice, he said, shows that
there is "collusion by the
civil and religious au-
thorities to invest" the rab-
binic courts "with powers
that the legislation has
never given them."
Rabbi Regev said he has
been corresponding with At-
torney General Yosef Harish
for more than two years, try-
ing to get him to stop the
Interior Ministry's practices,
but has so far not received a
satisfactory response.
What Rabbi Regev terms
"most infuriating" about the
Interior Ministry's actions is
that they apparently con-
travene a 1991 Supreme
Court ruling that the min-
istry "has no business refer-
ring immigrants to the rab-

Uri Regev:
Courts exceed their authority.

binic courts and the courts
have no jurisdiction" over
the matter.
In that case, the Interior
Ministry referred to the rab-
binic courts the case of an
immigrant American Jewish
couple wanting to register
their adopted infant, who
had undergone an Orthodox
conversion in the United
States.
The rabbinic courts deem-
ed the couple insufficiently
observant and rejected the
conversion as illegitimate.
The Supreme Court, said
Rabbi Regev, has consistent-

The Interior
Ministry has to
explain within 45
days why it relies
on the rabbinic
courts to
determine the
Jewish status of
immigrants.

ly ruled that the Law of
Return and the population
registry are civil matters
that do not stem from
halachah, or traditional
Jewish law, and are not lim-
ited by halachic definitions
of who is a Jew.
"Ours is not a petty peti-
tion dealing with for-
malities," said Rabbi Regev:
Rather it deals with the
"denial of rights of new im-
migrants to be treated ac-
cording to the intent of the
law," he said.



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