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[...]
Rabbi Michael Chernick
This special series of RRFEI articles features an original work by Orthodox Rabbi Michael Chernick, Professor Emeritus of Rabbinic Literature at HUC-JIR, New York, with responses from Rabbis Mark Washofsky, Elliot Dorff and Daniel Siegel. Rabbi Washofsky’s affiliation is Reform; Rabbi Dorff’s is Conservative and Rabbi Siegel is with Jewish Renewal.
We hope you will respond and air your voice also on this essential issue of egalitarianism and halakhah. (I want to note that we invited two women scholars to respond, and neither had the time; but we hope for responses from our women colleagues and a robust discussion of these ideas.)
As we all know, being a “chained” woman (agunah) causes untold suffering, and justice demands we create a solution to this oppression. You will see in today’s article by Professor Michael Chernick an analysis of the problem, a review of the historical remedies and suggestions for moving forward.
In addition, we are bringing you responses from 3 current halakhic authorities:
Rabbi Mark Washofsky, Freehoff Professor of Jewish Law and Practice at HUC-JIR Cincinnati; Rabbi Elliot Dorff, Chairman of the Rabbinical Assembly’s Committee on Jewish Law and Standards; and Rabbi Daniel Siegel, Founding Director, Integral Halachah Institute.
Shall we stay within the halakhic system to resolve the issues, or turn to civil courts? What is the appropriate role for civil courts in the Diaspora, and what is their role in the Jewish State? Some believe there should not be civil courts in Israel, that all law must be according to halakhah. Some would have that law change in structure, for example: that women be able to not only receive a get but give one as well, that both parties in a divorce should receive a divorce decree (get) from their spouse.
Clearly not only has the role of the streams of Judaism not been resolved in Israel, but the questions of which legal system to follow: civil or Jewish, who decides on halakhah, and how innovative can halakhah be in the modern context demand resolution.
RRFEI and Hiddush prefer a separation between religion and state, and in the case of marriage law, the possibility of civil marriage and divorce for those who choose. Clearly, as you will read in these articles, reasonable and reasoned rabbis may disagree, but all insist that injustice demands a workable[...]
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.
Having been immersed for some decades now in Israel-Diaspora relations, I often reflect upon a short story that Martin Buber included in his iconic “Tales of the Chassidic Masters;” one Jew asks his friend, Yankel, do you love me? And Yankel responds, Moishe, how can you ask such a question? Of course I love you. Moishe replies: But Yankel, how can you say that you love me if you don’t know what pains me?
I thought of this brief, piercing exchange when we at Hiddush received the findings of our most recently commissioned poll (see below). Hiddush conducts many polls, but this one, in my view, has some of the most important implications for the Israel-Diaspora partnership in addressing Israel’s challenges of religious freedom and equality. We share it with you in this RRFEI bulletin so you may not only consider it and reference it in discussions, sermons and public statements about Israel, but also share with us (RRFEI) your thoughts on these findings in the context of our mutual desire to see Israel advancing the goals of religious freedom and equality. I encourage you to use our RRFEI Facebook group [link] (or offline exchange), as an intimate, discreet forum to discuss this very delicate and often explosive topic.
You don’t need to be a big maven to see that Israeli Jews prioritize Israel’s religion-state conflicts very differently than the Reform and Conservative Movements have in their now three year almost exclusive advocacy focus on egalitarian Services (and Women of the Wall) at the Kotel. How do you feel about this radical gap? How do you view the irony that it’s been mainstream Jewish organizations with strong Israel credentials such as the JFNA and AJC, which have acknowledged the strategic priority of personal status matters and the need to actively advocate for the advancement of freedom of choice in these areas, while the major religious streams have been mostly playing the role of back benchers, as they invested considerable time, energy and advocacy capital on the Wall?
The other questions covered in the poll are of clear corollary importance. We so often hear reservations from American colleagues and community leaders, who ask: what right do we, living in America, have to interfere with these internal Israeli issues? Do Israelis listen to us? Is this the right time to raise questions of religious freedom and equality? The nuanced, yet compelling survey data underscores the eagerness of the clear majority[...]
Since last week’s RRFEI bulletin [link], the flames of religious detraction against the Kotel agreement have been rising. This has been covered widely in the Anglo Jewish and international media; below, RRFEI provides you with the original Hebrew pronouncements of: the Chief Rabbinate, the Ashkenazi Council of [Great] Torah Sages [link], the Sephardic Council of [Wise] Torah Sages [link], Rabbi Shlomo Amar [link] (current Sephardic Chief Rabbi of Jerusalem), Rabbi Shmuel Auerbach [link] (a leading Ashkenazi Lithuanian posek), and Rabbi Eliyahu Bakshi-Doron[link] (former Sephardi Chief Rabbi of Israel).
There is no doubt that both Shas’ and UTJ’s key political leaders were involved in the Kotel agreement process and gave it their (quiet) nods, even as it was stipulated that they would vote against it (knowing that their nays would be in the minority). They did not anticipate the extent to which the ultra-Orthodox media would drum up resistance and anger, nor that some key rabbinic leaders (particularly those with an axe to grind against the ultra-Orthodox political powers that be) would be stoking these flames.
For instance, In the case of the Sephardic ultra-Orthodox, while the Council of [Wise] Torah Sages continues to back Minister Rabbi Aryeh Deri, their anti-Reform rhetoric is quite vitriolic. In the case of the Ashkenazi ultra-Orthodox, Rabbi Auerbach has been consistently opposed to the leading forces of Ashkenazi Haredi Judaism on IDF draft issues. In both cases, discontented rabbinic elements are riding the issues of the Western Wall and the Supreme Court’s ruling on mikva’ot under the guise of religious purism.
As we read these sources, let’s note the following:
Before consenting to this agreement, Rabbi Rabinovitch, the Rabbi of the Western Wall, sought guidance from leading Ashkenazi Lithuanian Rabbi Chaim Kanievsky who instructed him to turn to Rabbi Avigdor Nebenzhal. Nebenzhal instructed Rabinovitch to support the agreement so that non-Orthodox and liberal Orthodox prayer practices would have no place at the traditional Kotel plaza. However, Nebenzhal [link] did not expect the extent of the backlash, and is now buckling under the pressure. Short of retracting his opinion, he is saving face and making a half-turn, saying that the agreement should be sabotaged by finding a “better way.”
Following this, a meeting was supposed to take place yesterday, on Sunday, between PM Netanyahu, the Chief Rabbis, Minister Deri, Minister Shaked[...]
Two weeks ago, the RRFEI bulletin [link] included an analysis of the Supreme Court landmark ruling on access for non-Orthodox converts to public mikva’ot, demonstrating that there is a lot more to this than first met the media’s eyes. We reported on the immediate, horrific backlash from ultra-Orthodox circles. The three religious parties (namely the Zionist Orthodox Jewish Home and the two ultra-Orthodox parties) have joined forces in submitting a legislative proposal that would undo the Supreme Court ruling. This is their attempt to grant absolute control of the publicly funded mikva’ot to the Chief Rabbinate.
As Hiddush has noted [link], this is yet another case of Dr. Jekyll / Mr. Hyde syndrome, exemplifying the Jewish Home party’s head & Minister of Diaspora Affairs Naftali Bennett’s split personality. He goes out of his way to appear inclusive, tolerant and pluralistic outside of Israel, to you, our friends and colleagues in North America; but he has no problem swerving 180 degrees when it comes to our non-Orthodox colleagues, converts and movements in Israel.
An important, further development occurred in the last few days, as the Chief Rabbinate publicly turned to Israel’s religious councils that operate the public mikva’ot [link in Hebrew], instructing them not to abide by the Supreme Court ruling. What was self-evident to the Supreme Court, as Hiddush indicated in its analysis [link], namely:“the rabbinate is not authorized to establish a discriminatory policy” is not only not self-evident to the Chief Rabbinate (a state organ established by civil law and subject to the rule of law!), but it openly and rebelliously flaunts this! We have repeatedly suggested that the battle over religious freedom and equality is not merely a battle over religious diversity, but is -at the core- a battle over the rule of law and democracy. The Chief Rabbinate’s gall is but another compelling demonstration of the serious problem we face.
We would like to share with you another dimension of that very challenge; it so happens that this week the Israeli public radio commissioned a poll, which included the question ?In a situation when Jewish religious edicts were in conflict with civil court rulings, which would you follow?? Looking at these graphs (above), we get a quantitative perspective of the extent of the challenge. While the overwhelming majority of Israeli Jews respect[...]
Last week, more than 500 posters were put up in Israel in the neighborhood of Meah Shearim and other ultra-Orthodox neighborhoods that include the following quotes:
“We are shamed. Disgrace has covered our faces. Strangers have come into My Temple, Beit Adonai. The cry of the great rabbis of our time is that the Western Wall is to be desecrated and trampled upon.” – header of this pashkvil
“It is inconceivable to allow the etching of Reform synagogue names in iron pen and letters of lead for them to receive Shem Olam that can never be erased. We shall not honor them within the gates of our Temple.” – Yabia Omer, responsa by Rabbi Ovadia Yosef (1920-2013)
“We must unite as an un-breachable wall against our arch enemies that want to enter the Reforms into all areas of religion.” – Yabia Omer, responsa by Rabbi Ovadia Yosef (1920-2013)
“The holiness of the wall extends its whole length, from its most southern corner to its most northern corner. It is inconceivable to divide the Kotel or the area adjacent to it.” – letter to the Prime Minister, from the Chief Rabbis of Jerusalem
“The Reform shall shatter us to splinters and split us into factions. An abomination, unwanted by all, it shall be burnt in fire and consumed outside our camp and not enter the Holiness.” – Tzitz Eliezer, Rabbi Eliezer Yehuda Waldenberg (1915-2006)
“We need salvation in spirituality, especially now that the supreme court has intervened to allow the Reform into our land, and their essence is to take Jews and make them Goyim.” – Vizhnitzer Rebbe, Rabbi Moshe Yehoshua Hager (1916-2012)
“The Reform movement intends to sink its claws in the Wall of Jerusalem…We must hurry and fight the Lord’s battle against this hemlock and wormwood movement that has brought the fall of many and taken a huge, deathly toll.” – Tzitz Eliezer, Rabbi Eliezer Yehuda Waldenberg (1915-2006) quoting former Chief Rabbi of Jerusalem Tzvi Pesach Frank (1873-1961)
“This monster is worse than all the secular people we know. In their actions they bring chaos into the world and increase the power of Satan, God forbid…” – Tzitz Eliezer, Rabbi Eliezer Yehuda Waldenberg (1915-2006) quoting former Chief Rabbi of Jerusalem Tzvi Pesach Frank (1873-1961)
The so-called compromise over prayer access to the Kotel has turned been attacked as giving away too much, as irrelevant to the real religious dispute in Israel, and as exclusionary of Orthodox women who refuse to give up their praying place. It has been lauded as a great advance, as a first in the legal recognition by the State of Israel of Liberal Judaism, as a triumph after 25 years of campaigning and as a breakthrough moment for Diaspora Jewry.
But will it happen? What forces are arrayed against its implementation?
This week’s, we share Israel HaYom’s superb analysis of the forces fighting against implementation. There is a link to the full article in Hebrew, and for those who would like a short-cut, I have summarized each of the opponents position’s in English.
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,[...]
Even before the historic Kotel agreement was reached, the Internet was flooded with information and opinions about the compromise. RRFEI has compiled and categorized many pieces on our website here: [link], in both Hebrew and English, recognizing that the Hebrew articles reflect the feelings of Israelis who have taken a stand on these issues, which may not have been reported upon in the English media. We hope you’ll take the time to explore these informational and opinion pieces, and share others with us to include on the RRFEI website.
The controversy has been sharp, sometimes even harsh, and many have made conflicting factual and/or legal claims in regard to the Kotel agreement and its broader context. If you encounter a murky issue related to the compromise, which you would like to have clarified, RRFEI would be glad to provide you with further analysis and accurate information. Please contact us at firstname.lastname@example.org with your questions, suggestions & comments – we look forward to hearing from you.
Below, we present you with an outline of arguments – in favor, against, and ambivalent toward the compromise, as well as several illustrative quotations. The resource links on the RRFEI website are organized according to these categories, as of Monday, February 8; we hope to add additional links and flesh out the arguments further with your input.
“Creating an egalitarian prayer space at the Wall is a small step, and in some ways a mostly symbolic one. But it is important nonetheless. Since what is done in one small area can be expanded to others, it creates a legal and administrative precedent for equality among the religious streams. And it serves as a grudging acknowledgment by Israel’s government that Diaspora Jews matter. Jews throughout the world have fought for these changes; they are Israel’s partners, and they will not tolerate being told that their Jewish way of life does not count in the Jewish state.” -Rabbi Eric Yoffie
“We have no objection, of course, to prayer at Robinson’s for those who wish it. We reject any deal that would infringe upon, let alone deny, the hardearned and historic rights of Jewish women at the Kotel. No one can concede someone else’s rights. Anyone who says she speaks for us in doing so, does not. We say clearly: any deal that delegitimizes, let alone bars, tefillah in our minhag at the Kotel has no bearing on us. We stay at the Kotel. -Dr. Shulamit Magnus