Sunday Aug 09, 2009

In Israel, the shtetl rules

Posted by Rabbi Seth Farber
Comments: 8
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When Y turned to me to help him get his marriage license, I thought he was kidding. Y's story, which appeared in The Jerusalem Post, is another example of how the shtetl continues to trump the metropolis - at least when it comes to Jewish life in Israel. And it is another example of how I often find myself at odds with an orthodox establishment I'm proud to be part of.

Y is an immigrant from the former Soviet Union who made aliya based on his father's Jewishness. Y feels the Jewish narrative is compelling, and during his four-and-a-half year stint in the IDF, he underwent conversion through the army rabbinical court. I know the rabbinical court judges who served as Y's "bet din" personally, and they are men of impeccable stature and learning.

Two years following his conversion, Y fell in love, with another immigrant from a traditional Jewish family. His fiancé had little difficultly proving her Jewishness to the rabbinate, and the couple were enamored by the treatment they received at the Rishon Lezion marriage bureau. Only following their marriage did the problems begin.

When Y came to return a copy of their ketubah (marriage contract) and pick up his civil marriage license, the chief rabbi told him that the validity of his conversion was in question. Without a proper investigation of Y's observance patterns following the conversion, he was unwilling to issue the document. 

Now, I believe that anyone has the right to choose his own halachic path, even if that is an exclusionary path.  If I believe that open-mindedness is a virtue, then it is critical that I be open-minded even regarding those who are close-minded. On a personal level, while I believe that it is inappropriate to challenge the validity of past Orthodox conversions, I understand that others feel that it is legitimate, and perhaps even imperative.

However, can the State of Israel suffer its marriage registrars rejecting the state's own conversions?

Imagine the following scenario:  A man is stopped by a policeman and asked to produce his driver's license. Upon examination, the policeman states: "I'm sorry sir, but your license is invalid because it was issued in Jerusalem." The result would be chaos, at best. The State has to stand behind its own institutions or anarchy will pervade. 

I believe that the marriage registrar in Rishon is acting out of conviction, and I respect him for that. But I also believe he cannot continue to be an employee of the State of Israel - at least as a marriage registrar. To allow him to continue is to recognize that the shtetl rules, and not the State.

Y has still not decided whether to seek his marriage license in an alternative office or in the Supreme Court. I'm relatively certain he'll get his license eventually. But in the meantime, we all ought to be demanding that the State support its own institutions.

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1  |   Bonnie Canada, Sunday Aug 09, 2009 I'd give the Rabbi's the benefit of the doubt. Don't run to courts asking for things you can accomplish other ways. In North America we already have "all state". We also have an epidemic number of serial killers born into our society. We have crime up to our eyeballs. People live with bars on their windows and many locks on their doors. This is the non-criminal lifestyle. For G-dly seed, let the Rabbi's be what they are - Rabbi's. As you say, there is room for everyone?
2  |   Shmuel, Jerusalem, Monday Aug 10, 2009 I relate to what you have written here. The frustrating thing to me is that this sort of making decisions by some sort of personal arbitrary priority order is how so many things are done in Israel. It is not just the religious establishment.
3  |   Jeremie Berrebi, Bnei Brak, Israel, Monday Aug 10, 2009 Perhaps you can ask the chief Rabbi to understand what is the real problem ?
4  |   Rachel, Jerusalem, Wednesday Aug 12, 2009 I don't know all the facts here, but I do know that not a small number of people who convert soon give up observing almost everything. In my opinion, this makes their conversion a farce.
5  |   Sherlock Holmes, Wednesday Aug 12, 2009 It's right that children of Jewish fathers who choose to convert should be treated sympathetically, especially in Israel, where being Jewish is not a grave problerm. When Israeli converts, however, come to the UK they are then faced with the different approach in the Diaspora, where being Jewish is purely judged by religious observance and some Israeli conversions are not recognised. We must hope for Moshiach to resolve these issues.
6  |   Maskil, Johannesburg, South Africa, Wednesday Aug 12, 2009 I’m not sure I understand why you say “On a personal level, while I believe that it is inappropriate to challenge the validity of past Orthodox conversions, I understand that others feel that it is legitimate, and perhaps even imperative.” I understood it to be a matter of Halacha that someone who’s been converted is a Jew, even if some consider him/her a bad Jew. Halacha does not allow for retroactive annulments of conversions. Judaism should not be like the Pope annulling inconvenient marriages!
7  |   NachumL, Thursday Aug 13, 2009 It really doesn't matter if the conversion is for expediency or not. Consider all the jews-by-birth who don't observe halachah. The problem is with the right-wing rabbinic authorities who will always seek the machmir (extreme intolerance) position. If the religious Right truly believed in Torah values, they would accept another Orthodox rabbi's declaration of 'kosher'. Just ugly sinat chinam. Too many religious Jews keep excusing extremism in the name of halachah. Remember that it was Hillel not Shammai who was the mostly accepted authority. Fanaticism with a strteiml is sill fanaticism.
8  |   Cember, Monday Sep 14, 2009 For Israel to prosper, it MUST be a state of laws, not men. For too long, Israel has accepted Protekzia as a modus vivendi. Just as, in the issuance of a building permit, it is criminal that issuance is determined by anything other than compliance with established state procedure, and we would not let a Licensing Office inspector certifying the safety of an unsafe car because he thought the owner couldn't afford the repairs, the registry of a marriage, based on anything but the laws of the state is totally unacceptable. State determination of "nationality" needn't agree with religious law.
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About this blog

Orthodox Opinions

Rabbi Seth (Shaul) Farber received his Ph.D. from the Hebrew University and his rabbinic ordination from Yeshiva University. He is the founder of ITIM: The Jewish Life Information Center and rabbi of Kehillat Netivot in Ra'anana where he lives with his wife, Michelle, and their five children. Rabbi Farber is the author of An American Orthodox Dreamer: Rabbi Joseph B. Soloveitchik and Boston's Maimonides School (UPNE: 2004).

Rabbi Tzvi Hersh Weinreb, the executive vice president of the Orthodox Union, previously held the post of Orthodox Opinions blogger and BlogCentral would like to thank him for all his contributions.

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Bee, NYC: Thank you Akiva. Do we want to honor all who wish to live as Jews or do we want to give even more power to rabbis. And if they are so concerned about our religion why don't they clean up their own behavior instead of judging others. Let them decide instead who should be a rabbi - or is selling kidneys, abusing children and laundering money less important than keeping control over others. This is corruption it is not religion, and it is a disgrace. Israel was not founded so we could all return to the dark ages. I as ashamed that intolerance passes for faith.
David Newton: Shalom Rabbi Farber This is the word of the Lord to Israel, Yes I have returned to Love Israel and Bless her as the people are doing right but I am still testing you that is why I have not driven out all the ememies of Jerusalem as per Judges 2v22,23 so do not try to build a Temple. I tell you who built the church of nations on Mt Zion is keeping it Holy for Immanuel. Your generation now is in control of the future and receiving Yeshua now...the one described in Isaiah 7v14 and 9v6 are proved by the B'rit Hadasha. Focus on Yeshua and enemies will flee or convert Your Annointed Prophet
Tamir: Dear Rav Farber. Thanks for your "enlightened" analysis. My best friend made aliyah from the US, converted through Rav Druckman's authority, and is now confronted to the fact that she'll probably have to go through the whole process again because the Rabinate refused to register her for her wedding. They have behaved so badly to her, as if she was "unpure" that she is now, after months of trying to cooperate or discuss, she is simply thinking of going back to he US and forget about Israel, after 2 yrs in the army and separation from her family. Israel is changing, in the bad bad way.