April 7, 2005
Israel Should Accept All Jews as Jews
On March 31, the Israeli Supreme Court ruled that 17 foreigners converted to Judaism by non-Orthodox rabbinic courts must be considered as Jews under the Law of Return. The Law of Return has long extended legal recognition as Jews to Reform and Conservative converts who have moved to Israel from the Diaspora.
What is novel about this recent ruling is that while the ritual requirements necessary for conversion were completed outside the state under non-Orthodox rabbinical auspices, these particular proselytes were already living in Israel, and they were prepared for conversion by Reform and Conservative teachers in yearlong courses within the state.
While the court did not address the issue of non-Orthodox conversions completed within Israel, the logic put forth in the holding could well be extended to define non-Orthodox conversions finalized in Israel as legally sanctioned as well.
Reform and Conservative religious leaders -- and I include myself among them -- have predictably applauded this decision for its affirmation of Jewish religious pluralism, and many secular Israelis have expressed the hope that this holding may open the door to Judaism to the 250,000 persons already residing in Israel whose entry into the Jewish people and religion has been delayed or denied in recent years by the state-sanctioned Orthodox rabbinical courts.
Orthodox leaders have just as predictably labeled this development as "tragic" and Shas leaders have gathered the requisite signatures required to call a special session of the Knesset, where their hope is that they might weaken the impact of this legal ruling. An Orthodox rabbi ridiculed the decision by caricaturing such conversions as being akin to "conversion by fax."
Such negative responses to Reform and Conservative conversions by Orthodox rabbis are hardly novel, and these statements echo a position that has been adopted by numerous Orthodox rabbis during the last 200 years.
I regret the stance these Orthodox authorities have adopted. As the late Conservative authority Rabbi Isaac Klein pointed out in "A Guide to Jewish Religious Practice" (Ktav, 1979), the members of a Jewish court convened for purposes of supervising a conversion need not be ordained rabbis.
He therefore argued that it would be wise to affirm the authority of all rabbis -- whether liberal or Orthodox -- to conduct conversions and to regard them as valid in all instances where the traditional rites of conversion are observed. As Klein put it, such a policy would embody the rabbinic principle of mipnei darkhei shalom -- following the ways of peace."
His advice in this instance strikes me as prudent in a diverse Jewish world, where most Jews do not identify as Orthodox, and especially so in Israel, where a vast majority of Jewish citizens do not regard themselves as Orthodox, and where all are yet tied to Jewish fate.
As the late Orthodox Rabbi Joseph Soloveitchik maintained, in a contemporary setting of competing Jewish religious and secular expressions, most Jews will not affirm a brit ha-yi'ud -- a covenant of common religious purpose. Yet, even if such "common religious purpose" cannot be attained, he recognized that all Jews are nevertheless bound together by a brit ha-goral -- a covenant of common destiny and fate."
While I acknowledge that Soloveitchik himself would not have applied this typology to the issues of Jewish personal status, the logic inherent in his notion, that there is "a covenant of common destiny" that unites all Jews, allows for a definition of membership in the Jewish people that extends far beyond the confines of the traditional religious definition. Such definition better addresses the vast reality that is Jewish life today.
The Reform and Conservative batei dinim that brought these petitioners "under the wings of the Divine Presence" correctly recognized that these persons who have come to live in Israel have attached themselves to the drama and joy of Jewish history and destiny in the most concrete ways possible.
These men and women pay taxes and choose service in the Israel Defense Forces for themselves and their children. They live their lives as Jews according to the rhythms of the Jewish calendar and displayed their commitment to Judaism by undergoing lengthy periods of study. In confirming the legal validity of their conversions, the Supreme Court has acknowledged their tangible signs of Jewish devotion.
The Israeli Supreme Court has wisely chosen not to punish these converts by denying them recognition as Jews. In so doing, the court has performed an act of tikkun olam (healing the world). Let us hope the Knesset does no less by not revoking the full rights of Israeli citizenship that has now been granted these people as the Jews they are.
David Ellenson is president of Hebrew Union College-Jewish Institute of Religion.