The Law of Return and Definitions of Who is a Jew

One of the challenges of the new more radical right-wing government is the great power of the Nationalist Orthodox and the Ultra-Orthodox in the Israel coalition.  There are two overlapping issues.  First, these parties want to change the law with regard to the definition of who is a Jew, since all Jews have a right to immigrate and receive citizenship according to the Law of Return.  Who is a Jew has been defined in Jewish post-biblical history as those born of a Jewish mother or legitimately converted to Judaism.   For the Law of Return, this definition, according to Israel’s courts and the general consensus of the Knesset (Israel’s Parliament), included those who converted under Conservative Judaism and Reform Judaism.  However, the Orthodox Parties in Israel want to declare conversion from Reform and Conservative Rabbinates as invalid.  For the Chief Rabbis in Israel, some Orthodox converts have even been rejected.  For the Law of Return, one is not considered Jewish if converted to another religion.  This was from a Supreme Court decision in the late 1980s.  However, we should note that this is contrary to Jewish Law (Halakah) which states that one is always still Jewish even if given to false beliefs. Some Rabbis have so objected to this newer idea.  They argue, yes, preclude citizenship, but do not say that they are no longer Jewish.

Then there is a second part of the Law of Return.  It is that descendants of a Jewish grandparent are qualified.  Some Americans but mostly Russian Jews have come under this provision.  The Orthodox want to cancel this and only allow one to come from a Jewish parent and strictly that they do not practice any religion but Judaism.  Previously there was no such religious test for descendants.  This is more recent.  This is a terrible thing and does not credit the original idea of the law to save those who would be persecuted for Jewish descent.

The Israel law and Rabbinic definitions of who is a Jew are incoherent.  For example, the idea of practicing other religions as precluding citizenship theoretically would be applied to all religions but mostly targets those who believe in Yeshua even if they do not identify as Christians.  In the United States, the Supreme Court declared that secular humanism is a religion.  Many Jews in Israel are secular humanists.  However, this never precludes immigration.  Secular humanists deny the foundation of Judaism, the belief in God, the Sh’ma, and His Law, “Here O Israel, the Lord our God is One.”  Buddhist Jews claim that their Buddhist beliefs are not religious.  I do not argue that such people are not Jews, just wrong in their beliefs but still Jews.   

The only coherent policy is to define a Jew as a descendant of a Jewish mother, and better yet a Jewish mother or father who identifies as a Jew.  What they believe should not be an issue or all kinds of problems and complications arise.  In addition, a descendent of a Jewish grandparent by the broader and coherent definition of who is a Jew is the right and just way forward.  Do I have much hope that Israel will do this?  No, the cry and resistance of the Orthodox will be too great.