In Hiddush’s last newsletter, we highlighted a number of aspects involving the current controversy over the Shabbat bill. What we would now like to share with you, our colleagues, is a more focused perspective on the religious debate and the conduct of religious politicians in this controversy. This will give you deeper insight as to how this controversy factors in the ongoing debate over religion and state. This account is not advocating that all stores be open on Shabbat. On the contrary, what Hiddush has been advocating for is a serious and responsible re-assessment of the social, economic, and legal aspects of Shabbat in the Jewish and democratic State. Only in this way can Israel establish a balance between these often conflicting values.
The Israeli public discourse and news bulletins were dominated by the updates and reports on the status of the Shabbat bill. Below, we are highlighting the views of the religious participants in the debate. This debate helps us understand the positions of the religious players in Israel’s religion-state debate.
It’s important to appreciate how heated the debates over this Shabbat bill were. There was a record setting filibuster effort on the part of the opposition, with extremely contentious and sensitive crisis points that brought out some of the most contentious issues – and some of the most objectionable initiatives – due to the pressure to deliver the adoption of the bill.
Minister Rabbi Deri (Leader of Shas) quoted Rabbi Ovadiah Yosef who supposedly ruled that one should rise from mourning one’s loved ones to vote. He even turned to MK Glick’s (Likud) rabbi in Otniel, asking if MK Glick could come in to vote on the bill, despite the death of his wife. On the one hand Deri tried to justify it, on the other hand he apologized for it. This bill created a mess of multiple dimensions, raising a number of questions, involving religion-state, halakha, nature of Shabbat – the incident with MK Glick was only one example.
MK Rabbi Israel Eichler (United Torah Judaism), speaking at the Committee of Internal Affairs in a key meeting held on Dec. 28, 2017, said the following: “Anyone who says that it is possible to observe Shabbat in multiple ways is like someone who says that you can maintain your diet and continue eating starches – don’t lie to yourselves.”
He then drew special attention to American Jewry: “we need to remember that most of American Jewry is assimilating, and
The challenge of Jewish education and forging Jewish identity is dear and near to all of us. The challenge associated with these subjects in the modern era in an environment of an open society, which embraces Jews on the one hand – and in the State of Israel where only a minority defines itself as religious on the other hand – is self-evident. Both the Jewish community in the diaspora and in the State of Israel are seeking solutions and new avenues to address this exacerbating challenge. With that as the background, we felt the need to share with you the debate taking place in Israel – both in the formal educational arena, as well as in other arenas such as the Jewish identity educational programs taking place in the IDF.
The most recent symptomatic example of this debate, which reflects much of the drama and the emotions that play a role in it, can be seen in an interview given this week to Channel 10 (Israeli TV) by Naftali Bennett, Minister of Education and leader of the Jewish Home party. We highly recommend that you listen to the interview (Hebrew, starting at 10:30). Under Bennett’s leadership and inspiration, millions of Israeli government shekels are invested in funding activities of Orthodox religious NGOs that provide classes and programs in Jewish identity in secular public schools. These programs are often skewed and aimed at brainwashing, and the funding mechanism used by the government is fraught with questions and possibly with legal issues.
This phenomenon stimulates strong reactions from all directions. On the one hand, Bennett and his people flatly deny any intention of religious brainwashing. They minimize the severity of their initiatives (“what happened, so they’ll learn a bit of Judaism”). They accuse their critics of being driven by a will “to destroy Judaism” (this of course reminds us of ultra-Orthodox political leaders like MK Gafni who accuse the Supreme Court of being driven by a desire to destroy Judaism in the State of Israel via its rulings on matters of religious freedom & equality. Even more seriously – the efforts of Gafni, Bennett, and their allies to undermine the Supreme Court and limit and erode its authority). Bennett emphasizes the importance he attaches for every Jewish student to receive a rich and good Jewish education – “who Moshe Rabbeinu is, what Selichot are”.
Even though he also serves as Minister of Diaspora affairs, it is clear
Criticism of the Israeli Chief Rabbinate is nothing new. It has often been voiced in the RRFEI newsletter and resources, as well as in Hiddush’s materials. It covers a myriad of issues, which in recent years include its delegitimization of Modern Orthodox attempts at addressing the Rabbinate’s failures in the areas of conversion and kashrut certification.
Developments in the last few days regarding the Kotel controversy bring me to focus again on the Chief Rabbinate, pointing to the fact that the institution itself stands in sheer conflict with the notions of democracy and the rule of law in Israel, as well as the realities and interests of the Jewish people worldwide. A lengthy document presented by the Chief Rabbinate this week manifests a real threat to the State of Israel and the Jewish people, which is frequently underestimated and misunderstood by both Israelis and Diaspora Jewish leadership.
For the benefit of RRFEI members, the original 13 page document submitted by Chief Rabbi Lau’s team, in Hebrew, can be download HERE. The document is intended for public consumption and was presented at a Knesset hearing. It is presents the Chief Rabbinate’s position on the pending Supreme Court case regarding the Kotel and the demand that the Rabbinate be allowed independent representation before the Supreme Court, rather than be represented by the Israeli AG who represents all agencies of the state.
In assessing the threat emanating from the Chief Rabbinate, beyond its attempt to dictate norms of worship for all Jews at national sites like the Kotel, one should only look at the Rabbinate’s recent initiative to establish a global ‘Jewish lineage’ database (already in motion, funded by the State of Israel) and Chief Rabbi Yosef’s public lashing out at Rabbi Dweck in London, who dared to present the complexity of Orthodox attitudes towards homosexuality and the need for sensitivity and embracing of homosexuals. Chief Rabbi Yosef came out with a public pronouncement, declaring that he is “amazed and angry at the words of nonsense and heresy that were said about the foundations of our faith in our Torah.”
The selection of quotes below from the Rabbinate’s lengthy document will illustrate the wide chasm between its views and those associated with a democratic society. I dare say that no RRFEI members would tolerate the mindset and demands of the Rabbinate, if they were made in the USA or elsewhere. As you
This week, new perspectives regarding Israelis’ views on marriage freedom and related issues were presented to the public.
After years of polling Jewish public opinion, Hiddush initiated a special study of both Israel’s Jewish sector and its Arab sector, and its findings were released on Valentine’s Day. On the same day, another study initiated by the Modern Orthodox NGO Ne’emanei Torah v’Avodah, which focused on the views of Israel’s Zionist Orthodox sector, was published. Since these issues are clearly high on the priority list of Israelis when it comes to matters of religion & state, and they directly impact world Jewry, we are making these reports available in the resource section of the RRFEI website. We’ll be glad to provide further insights and background to those who request more details.
Hiddush’s dual study offers an eye opening perspective as to the differences between Jewish Israelis and Arab Israelis on these issues. The findings can be better understood given the great disparity between the percentage of Israeli Jews who define themselves as secular (~50%) and the percentage of Israeli Arabs who identify as secular (12%).
Also, of great interest is the fact that whereas in the Jewish sector, the principled embrace of the right to “marriage freedom” is carried into support for enacting civil marriage and divorce, while in the Arab sector, 76% embrace the principle, but only 43% support instituting a civil option for marriage and divorce. This may be attributed to the far lower awareness among Arab Israelis of the inadequacy of religious control over marriage. It may also indicate that if they were made fully aware of the extent to which the right to marry in Israel is infringed upon, they would lend their support to the necessary remedy. It’s encouraging that among younger Arab Israelis, one finds a great level of support for a civil choice (60%), even though the majority of them would prefer religious marriage for themselves. Further, the high levels of opposition within the Jewish and Arab sectors to polygamy; and the high percentage of support for a bride’s right to choose her partner are of great interest.
Liel Leibovitz’s “How to Finally Get Egalitarian Prayer at the Western Wall” can be found HERE.
Rabbi Uri Regev’s response follows below:
As Liel Leibowitz (LL) suggests, the non-Orthodox movements should broaden their appeal and avoid unnecessary conflicts. Nevertheless, I have strong reservations as to the specifics of LL’s perspective on what is “unnecessary conflict” and *who* the appeal should be broadened to include. I fear that LL, in as much as his credentials are impressive, may not be as authoritative on the relevant questions involving the Kotel controversy and the politics of religion & state in Israel, as he assumes in prescribing to the non-Orthodox movements how they should conduct their affairs.
LL suggests that the impasse over the Western Wall Agreement (WWA) was generated by the Nov. 2 demonstration by liberal North American rabbis, but this had very little to do with it. The impasse was ironically precipitated in party by the victorious Torah service at the Wall celebrated on February 25 during the CCAR (American Reform Judaism’s rabbinic umbrella) convention in Israel, which, by chance or Divine providence, took place shortly after the WWA was announced. Israel’s ultra-Orthodox leadership dug its feet into the ground at that point, and demanded that PM Netanyahu not implement the agreement. This was not a regular case of slow-paced Israeli decision making. Rather, the WWA was an exceptional case of an agreement slow in the making (more than 3 years of intensive deliberations), which received tacit endorsement from the political leadership of the Haredi parties, as well as the Rabbi of the Western Wall. It was achieved because it was viewed by the Haredi operatives as the lesser of all evils. What neither they nor the PM took into consideration was the extent to which this agreement would play into the hands of disgruntled Haredi rabbinic leaders in both the Sephardi and Ashkenazi communities who were looking for an opportunity to challenge the movements’ leadership, as well as the sensationalist urges of some key Haredi media outlets that refused to hold their peace in the face of an agreement.
While LL probably does have experience with “buearucratic Israel,” as he claims, this conflict has nothing to do with that, but rather with a theological conflict, which can only be won by “hard-sell tactics,” which LL objects to.
The more than 3 years of
This unanimous ruling of the Supreme Court is an important addition to the chain of rulings that uphold the principles of religious freedom & equality. Its importance is not only to the matter at hand (access to the public mikva’ot for the purpose of non-Orthodox conversions), but also for future litigation over matters of religious freedom and equality in general.
On the other hand, a close look at the ruling reveals a number of elements of a mixed nature, which we need to be aware of, as they too will weigh on future litigation involving the clash of religion and state.
While the legal saga is over (10 years after it commenced!), and the final ruling has been handed down, a new front, far more vicious and perilous, has opened up. Now the Chief Rabbinate and ultra-Orthodox politicians are in Pavlovian reaction mode, gearing up to fight back and prevent the implementation of this ruling, as they launch a campaign to further undermine both the Supreme Court and demonize the non-Orthodox movements.
1. The State could have avoided this ruling
The bottom line of the ruling is an order to the religious council in Beer Sheva and the administrator of the mikva to allow access to Reform and Conservative converts for ritual immersion, as part of the process of conversion, including permission for a non-Orthodox bet din to be present at the immersion. Similar access should be allowed, stipulates the ruling, at other public mikva’ot where immersion of converts is conducted, but it would not have taken much for the Court to have decided differently and hand down a much more limited victory for the non-Orthodox movements. In the course of the deliberations the justices repeatedly urged the State to offer a pragmatic solution to the movements’ immersion needs for conversions. The State’s and religious authorities’ uncompromising mindset and obfuscation of the facts ultimately led the court to hand down a much stronger and more encompassing ruling than it preferred.
Justice Rubinstein opined: “If it were possible for the appellants to have dignified and orderly access in Omer, Modi’in and Hannaton (A suburb of Beer Sheba in the south, a city in the center, and a Conservative Kibbutz in the north), as seemingly presented to us, ‘dayeinu’ – this would have sufficed because according to the appellants’ information, [the need] involves fewer than 300 individuals per year,
Ever since Chanukah, there has been a lot of media traffic regarding President Rivlin’s “change of heart” as to non-Orthodox Judaism. Much of it focused on the Chanukah event sponsored by the UJA Federation of NY, which brought together rabbis of different denominations to listen to President Rivlin, following “introductions” by Rabbi Rick Jacobs, head of the Reform Movement, and Rabbi Steven Wernick, head of the Conservative Movement. This Chanukah event was titled “Shevet Achim Gam Yachad.” Both Rabbis Jacobs and Wernick are to be applauded for their commitment to having religious freedom become a reality in the State of Israel and the non-Orthodox movements being accorded equal status to that of Orthodoxy.
Below, we will try to unpack the encounter and related events and consider its actual substance, regarding whether we are indeed witnessing a change of heart on President Rivlin’s part, and what this exchange may suggest for future strategy in this arena. As you will see below, the specific issues raised with Rivlin were: that Reform and Conservative rabbis should be officially allowed to sit on rabbinical courts, perform weddings, funerals and conversions, and receive state funding for their congregations in Israel. President Rivlin responded that he “believe[s] it is very important for the State of Israel to show full respect and sensitivity to all American Jews,” and that nobody should deny another’s Jewishness. The President’s words drew praise from many in the non-Orthodox world.
As we know, “the devil is in the details,” and breaking down each speaker’s terminology and comparing their use of language is very instructive, for this casts a clearer light upon President Rivlin’s response to the two American rabbis.
|American rabbis welcoming President Rivlin||President Rivlin’s response to American Jewry|
|Rabbi Rick Jacobs: The time is long overdue for equality to reign throughout the State of Israel, and because of our deep love for and commitment to the ideals of Israel, we insist on equality, not just at the Kotel (at the Western Wall), but also in rabbinical courts, under the bridal canopy, at funerals and conversions, and the founding and funding of our congregations… It cannot be that the great ingathering of the exiles will result in the only democratic state in the world that formally does not grant equal rights to the majority of the Jewish people.
Rabbi Steven Wernick: … the challenges that we believe are important both for our Jewish brethren in Israel, as well as for us in the Diaspora. And that is having the sense when we come to Israel, when we talk about Israel, when we advocate and support Israel, that Israel is indeed the homeland for all the Jewish people; that all of us – no matter which methodology, … it is one that is acknowledged, accepted and supported with full equality and in equal pluralism for all Jews around the world… Rabbi Heschel who was brought to this country, saved from the Nazis by the Reform movement, and found his home within the Conservative movement, in Israel would not be afforded the same rights as our Orthodox brethren in the State of Israel. Can’t do marriages, can’t do divorces, can’t do conversions, and other things.
|President Rivlin: The Jewish communities of the United States also have their own special flame and their own special character. I believe it is very important for the State of Israel to show full respect and sensitivity to all American Jews. It is important that we remember… that we are all one family. All feeling ahavat Yisrael – the love of Israel. That simple love for all the Jewish people of all groups and all streams. I know that all of the communities represented here share ahavat Yisrael and a deep commitment to the future of the Jewish people and to the positive image of the State of Israel. We must never forget that even the major differences between us are an honest expression of concern shared by all of us, whether Orthodox, Reform or Conservative… Jews of the United States and Jews of Israel – left and right – right and left – conservative and liberal – we all share concern for the Jewish people all around the world. We can, and we should, argue aggressively, but from the position of respect – of fairness – without denying anyone’s Jewishness, without denying the place of one approach or another within Jewish dialogue today… Jewish culture is a culture of dispute through listening – and that is the most important thing: to listen to one another, even though sometimes we cannot agree or we are not ready to agree, we have to listen to one another – all together.|
This side-by-side comparison of the three speakers’ words clearly illuminates the difference between the thrust of Rabbis Jacobs’ and Wernick’s demands, and the intent of President Rivlin’s response. Whereas Jacobs and Wernick were direct and earnest about their specific demands for equal religious status for Jews of all streams in Israel, Rivlin did not express support for any of those specific expectations. The President spoke instead of Jewish peoplehood and love, dialogue, respect, listening, acknowledging disagreements, commitment to maintaining the positive image of Israel, etc.
It should be noted, for example, that