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
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
A few years ago a friend from the congregation called to say that Israel had become a regular topic in her home since her daughter’s birthright trip, and the experience reenvigorated her intermarried family’s Judaism. I told her how delighted I was, and then asked, “You know I speak about Israel regularly from the pulpit. Why the change now?” She said, “Oh, Mark, as soon as I hear the word Israel I stop listening.”
Personal experience touched their souls and drew them closer to amcha. But what happens when our people discover that they cannot marry in Israel, that funerals may be difficult to arrange depending on personal status, that weddings must be by Orthodox rabbis if they are even possible, or that a couple would need to live together outside the law or travel abroad to get married?
The much acclaimed recent success of the efforts of Women of the Wall after 25 years is a symbolic victory demonstrating the opinion of the vast majority of Israelis: Jews should be able to practice Judaism however they want and receive basic civil rights, like marrying as they choose. The Chief Rabbinate ought not control private lives.
We are witnessing Israelis who are fed up with the status quo and circumventing the rabbanut, even as the Chief Rabbinate further attempts to tighten controls. Once the new egalitarian section is established at the kotel, women will not longer be permitted to wear tallit and tefillin at the women’s section of the Kotel. It’s reported that there are new efforts to arbitrarily investigate individuals’ halakhic status, even when they are not seeking a wedding or another life cycle event. An ordinary Israeli citizen may now simply be called and asked to appear before a rabbinic court to authenticate their Jewish lineage; and if they refuse, it may affect their personal status in the future, as the Rabbanut keeps files on individuals.
When the Hatam Sofer wrote “Hehadash asur min ha-Torah,” no one thought it would become the governing principle for a Jewish state. But here we are.
Much has been written in recent weeks about the inclusion of Diaspora leaders in Israeli decision making. Ken yirbu! If Birthright Jews and the vast majority of Israelis and world Jewry are to renew Judaism for a modern world, it won’t be in the Haredi mode. It will be diverse. Israel cannot fulfill her role as the truly Jewish State with the Rabbanut in control. The vast majority of world
… Today, the new poster child of religious civil disobedience wears a knitted kippa. And faced with a recalcitrant Knesset ever fearful of disturbing the tenuous status quo, the movement is employing a strategic shift away from legislation and toward the use of other big guns, including class action lawsuits.
A new battle begins, and its arena is the court of law.
This year, seeing no prospect of progress through legislation, it has ramped up its efforts to create precedents through the court system, a tactic Liberal Judaism in Israel has employed for decades. And the rabbinate is on the defensive.
[One particular] petition, which was brought by Itim alongside other organizations, is interesting in that there are two landmark issues at stake: The first asks whether those without the legal status of residents of Israel may convert in Israel and subsequently petition for citizenship. Currently, under the Law of Return, they cannot gain citizenship.
The second matter under discussion is whether Orthodox conversions in Israel that are completed through independent conversion courts outside of the state’s Conversion Authority should be recognized by the Interior Ministry. (After a Supreme Court decision in 2002, Reform and Conservative conversions in Israel are recognized by the state, although the converts are not viewed as Jewish by the chief rabbinate so they cannot legally marry, etc.)
It is this second issue, of domestic halachic conversion courts outside the rabbinate, that quickly became relevant in late summer with the establishment of the independent Orthodox-run Giyur Kahalacha.
According to the 2015 Israel Religion and State Index conducted by Israeli NGOHiddush: For Religious Freedom and Equality, some 64% of Israelis support the recognition of all forms of religious conversion, including Reform and Conservative. Among secular Jews, the majority of Israel’s Jewish population, 90% support recognizing all forms of religious conversion (53% would also recognize secular conversion). Interestingly, among immigrants, the support was less, at 82%.
However, the Giyur Kahalacha initiative is, as Farber puts it, “the first frontal challenge to the rabbinate on conversion from the Orthodox community.”
“We Israelis understand that the American model of separation of church and state is not relevant to a Jewish state. But we see no reason why religious bodies should be part of the legislative
Friends, we assume you are aware of the public rabbinic debate that ensued following Chief Rabbi Lau’s admonishment of Minister Bennett for visiting a Conservative day school in Manhattan. Rabbi Uri Regev has written about it in the Jerusalem Post and the LA Jewish Journal, and many other responses to Rabbi Lau have been coming out on a nearly daily basis. Below, you’ll find listed some of the key arguments that this encounter has raised.
We believe that you may be interested in seeing actual rabbinic pronouncements on both sides of the issue, which may not all be readily available to you in the USA. These are available to you on this website, including:
As you read through these responses, you may consider the following:
Recently a coalition called J-REC, which RRFEI members may not be familiar with, made its first mission trip to Israel.
The J-REC or Jewish Religious Equality Coalition is the brain child of Dov Zakheim, less known as an Orthodox rabbi than as an adviser to the American Defense Department and a neo-con. As a strategist and a lover of Israel Dov has concluded that the Orthodox Chief Rabbinate’s monopoly over marriage and presently over conversion represents a danger to the security of Israel. The connection between one issue and the other is not necessarily immediately obvious, but here is how they are connected:
Non-Orthodox rabbis are thought leaders in their communities. Further, committed and dedicated members of the American Conservative and Reform Jewish communities are frequently the most dedicated supporters of Israel. The more non-Orthodox rabbis are insulted and delegitimized by the Chief Rabbinate, the more ambivalent if not negative they become about the State that supports and extends the purview of that Rabbinate. This ambivalence often spills over into messages delivered to congregations, which leaves those congregations less inclined to take up Israel’s cause with American politicians whose support is crucial for Israel’s security.
Further, comments like that made by the Minister of Religious Affairs several months ago, “Reform Jews are not Jews,” and the positioning of Orthodoxy as the only recognized Judaism of the State of Israel creates severe difficulties for Reform and Conservative supporters of Israel. These supporters often find the work of convincing fellow Jews to support Israel more difficult when the response often is, “If I care about Israel, will Israel care about me?”
It is these factors that led Zakheim to invite a wide spectrum of the Jewish community to join with the American Jewish Committee in order to wrest control over marriage from the Chief Rabbinate, at least as a first step. J-REC/AJC includes supporters of Israel who are Reform, Conservative, Modern Orthodox and secular. They have come to see how the progressively more Haredi and non-Zionist Chief Rabbinate is wreaking havoc on Israel-Diaspora relations with potentially disastrous outcomes.
The mission unlike other organizational missions to Israel was not about meeting as many Knesset members as possible to convince them to bring down the Chief Rabbinate. Rather it was a fact finding mission that would help J-REC figure out how to reach its goal, and
This year, following a year-long battle with Hiddush, the Chief Rabbinate updated its kashrut regulations to be in accordance with the law. Everyone that has heard of this change has viewed it as revolutionary and a sea change. It comes after decades of religious coercion, and it is important for us to make clear that the intention of Hiddush’s initiative was not to prescribe the use of musical instruments, recorded music, photography, etc., on Shabbat, but rather to remove the Rabbinate’s illegal prohibitions, and make it possible for individuals and groups to choose how to celebrate their Shabbat rituals and oneg Shabbat in meaningful ways. Unfortunately, the Chief Rabbinate long extorted the hotel establishments, using its monopolistic authority over kashrut to force the hotels and event halls to comply with its Shabbat standards and anti-Christian sentiments.
Relevant kashrut regulations – old and new
We know that among our members there are those who apply different criteria to their Shabbat observance, and we fully respect this divergence of opinion and practice. The one thing we do not respect is unwarranted religious coercion, which runs contrary not only to the law empowering the Rabbinate, and contrary to the basic principles of democracy, but also runs against the clear will of the overwhelming majority of Israeli Jews, resulting with growing alienation from Judaism rather than drawing Jews closer to the Jewish tradition. (see more on this in the upcoming 2015 Religion and State Index, to be published before Rosh HaShanah)
The reason we share this information at this time is the realization – after receiving calls from a number of hotels and tour operators, as well as colleagues who brought groups to Israel over the summer – that the Rabbinate hasn’t quite “internalized” the new rules. In fact, they are doing everything in their power to prevent their implementation. Hiddush will take further action, vis-à-vis the Rabbinate, the Ministry of Religious Services and the Attorney General’s office to convey the binding nature of the new rules, but it’s clear to us that the most effective avenue for bringing the new rules to light, and enabling colleagues who wish to celebrate Shabbat services with guitars (for example) in hotels on Shabbat, is to actively mobilize our colleagues.
We ask that those colleagues who have encountered problems share the details of their encounters with us, and colleagues who are planning future trips