Law of Return and the Convert
I have been thinking a lot about aliyah [moving to Israel] lately. I have looked into the Law of Return and made some inquiries. We as converts may make aliyah under the Law of Return (see below - 1970 amendment) but if we are not Orthodox converts, we will only be Jews according to the government and not according to the Rabbinic authorities.
I have my own thoughts and feelings about this situation for non-Orthodox converts but I want to hear what others have to say about it.
Have you ever considered making aliyah (or have you already made aliyah)?
If you are a non-Orthodox convert, would the situation of being a non-Jew in the eyes of the Rabbinate mean the difference between making aliyah or not making aliyah?
What do you think about the idea that a secular born-Jew can make aliyah and be a full-fledged Jew according to the Rabbinate but a very devout non-Orthodox convert would be considered a non-Jew?
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Law of Return (5710/1950)
1. Every Jew has the right to come to this country as an oleh [immigrant].
2. (a) Aliyah shall be by oleh’s visa.
(b) An oleh’s visa shall be granted to every Jew who has expressed his desire to settle in Israel, unless the Minister of Immigration is satisfied that the applicant
(1) is engaged in an activity directed against the Jewish people; or(2) is likely to endanger public health or the security of the State.
3. (a) A Jew who has come to Israel and subsequent to his arrival has expressed his desire to settle in Israel may, while still in Israel, receive an oleh’s certificate.(b) The restrictions specified in section 2(b) shall apply also to the grant of an oleh’s certificate, but a person shall not be regarded as endangering public health on account of an illness contracted after his arrival in Israel.
4. Every Jew who has immigrated into this country before the coming into force of this Law, and every Jew who was born in this country, whether before or after the coming into force of this Law, shall be deemed to be a person who has come to this country as an oleh under this Law.
5. The Minister of Immigration is charged with the implementation of this Law and may make regulations as to any matter relating to such implementation and also as to the grant of oleh’s visas and oleh’s certificates to minors up to the age of 18 years.
Law of Return (5730/1970) - Ammended
… 4B. For the purposes of this Law, “Jew” means a person who was born of a Jewish mother or has become converted to Judaism and who is not a member of another religion.” …
Rachel-Esther:
I’m not a convert but, like all Western Jews these days, I’m a Jew by choice. My wife and I talk frequently about spending part of each year in Israel, but I doubt it would amount to formal aliyah, any more than our presence in Israel would cause us, as Conservative Jews, to be considered “real Jews” by the rabbinate.
Rest assured that, regardless of how the Rabbinate viewed you, you’d be in very good and very Israeli company. Most Israelis probably wouldn’t pass muster with the rabbinate, and yet they pay taxes, serve in the military and the reserve, and defend and uphold the state in myriad and very important ways. In Israel, to feel no distinction between your Jewish and your national identity is (I’m told) an inspirational experience, even to many who’ve lived their all their lives.
I look forward to hearing how it turns out.
I agree with David. The vast majority of Israelis don’t really care what the Rabbinate thinks, and as a Jew by Choice who has been to Israel, I can assure you that the vast majority of Israelis I met welcomed me as a Jew. Shimshonit is probably our resident expert on this, but as far as I understand it, the major impact comes with marriage and burial. Anyway, given the uproar the Rabbinate is creating around itself with its positions on agunot and gerut, and the fact that it is being actively challenged by the Dati Leumi establishment makes me wonder what kind of monopolistic future the Rabbinate actually has.
In short, the Rabbinate would NOT keep me from moving to Israel if I had the opportunity. Most definitely not.
kol tuv,
Yair
Also covered under the law of return: the spouse of a Jew.
The real problem these days is that the rabbinate is getting upset even by diaspora Orthodox conversions. Very troubling.
I agree David. That is certainly troubling, because it points to the reality underlying the Rabbinate at this point: it is far less concerned with maintaining fealty to halakha than it is to preserving - or rather expanding - its hegemonic power over the lives of Israelis, and, as you mentioned, even reaching to Diaspora Jews. It’s a serious challenge that needs to be confronted, if Israel is to remain the homeland for all Jews, even for all Israelis.
kol tuv,
Yair
With the increased strength of the Masorti (Israeli Conservative) movement and so many Jews in Israel not being seen as Jewish by the rabbinate there, I doubt it will be much time before more movements become more defined and accepted as their own identity in Israel. It’s taking a lot of head-butting, but it seems to be getting there however slowly.
What I am not sure of is whether this is benevolent or a hindrance. Jewish denominations have many more things in common than not, non-Orthodox sects are beginning to embrace traditions such as the mikvah, tefillin, havdalah, and more and often taking up more mitzvot and trying to keep kosher. If Jews can’t be for Jews, who else is going to be? Anne Coulter? More than anyone else accepting us, we have to learn to accept each other and our differences… Because convert or not (to ANY denomination), Jewish father or Jewish mother, halakhic observance, synagogue attendance aside… Nutcases all view us the same.
Israel more or less notes that in their Law of Return - hence non-Orthodox being able to become citizens, or people with paternal or maternal lineage. But I think it’s sad that considering all the persecution we have gone through in the past on the outside that we’re getting all up-in-arms about what’s going on within Judaism. And one’s observance level does not mean a lack of dedication - just a difference in understanding or interpretation. It doesn’t mean there will never be a change that will cause them to be more (or less) observant. Considering that, maybe things should be as they were - a convert being “as a born Jew” and their Jewishness not being questioned. A born Jew gives up Judaism and becomes an apostate, a Ger becomes a Gentile due to an invalid conversion? It doesn’t make sense considering a conversion is supposed to be final. We’re told it’s a permanent decision, yet we have all these cases lately of loyal, dedicated converts getting their conversion revoked at the Orthodox level (which is an additional reason for not converting Orthodox in my case).
R-E: “If you are a non-Orthodox convert, would the situation of being a non-Jew in the eyes of the Rabbinate mean the difference between making aliyah or not making aliyah?”
How the Rabbinate defines me would not affect my decision to make aliyah. Whether I’m in Israel or in Los Angeles Orthodoxy is not going to recognize my conversion anyway. Here is how I prefer to look at it: non-Orthodoxy out numbers Orthodoxy; there are more Jews in the world that view me as a Jew than not.
R-E: “What do you think about the idea that a secular born-Jew can make aliyah and be a full-fledged Jew according to the Rabbinate but a very devout non-Orthodox convert would be considered a non-Jew?”
I don’t like the idea very much, but it is a fact of life.
Wow, what great timing! I just came back here to leave a comment at a previous post on aliyah, and I find this one.
Rachel-Ester asks: \”If you are a non-Orthodox convert, would the situation of being a non-Jew in the eyes of the Rabbinate mean the difference between making aliyah or not making aliyah?\”
Absolutely not!
I do not know what difference it would make in my life that the religious hierarchy of Israel would not recognize me as a Jew, but I don\’t care. Oh, I think it would be an annoyance at times, but I see it as their loss, not mine.
Israel needs more reform Jews, and more converts to reform Judaism. Israel is one of the most pluralist countries on earth–except when it comes to its central reason for being: a state for Jews. I figure the more of \”our kind\” who go and live there, the more we help change the balance.
As for personal status, I admit it is easier for me to say this than it might be for others, for several reasons. First, I am a left-libertarian, and therefore innately not one to consider hierarchies as important in how I choose to live my life (as long as I am not infringing on anyone else in the process of thumbing my nose at self-declared authorities). Second, I am married, so the absence of civil marriage (or recognition of Reform Jewish marriages) is not an issue. Third, my wife is a Jew born to (born) Jewish parents (and grandparents, etc.), so at least one of us is unequivocally Jewish even to the capital-r rabbinical authorities of Israel (if it should ever matter for any reason).
My link seems not to work, but it was to Shimshonit’s “Reasons Why I Made Aliyah” on July 22, 2008.
rachel-esther,
When I came to Israel in 1996, I used to hear lots of comments about how Jews in the Diaspora who want to influence Israel, socially and politically, should make aliyah. There is obvious merit to this observation. However, when people would look at me as a patrilineal Jew and say that if I wanted to influence the Rabbinate to accept me as Jewish, I and other Reform Jews had to make mass aliyah, I was annoyed. The Rabbinate is not democratically elected, and to say that its makeup is in the hands of the citizenry of Israel is absurd. I hope Shalhevet’s faith that liberal Jews will continue to make political inroads (or that power-hungry Orthodox Jews may somehow be forced to make outroads) is rewarded in time. I think we are definitely in a time of flux and I too hope for a more equitable outcome.
I have a lengthy list of reasons why I decided to convert via Orthodoxy, and one of those reasons was to be able to make aliyah and function fully as a citizen here politically, socially, and religiously. Doing that also has its drawbacks, though. Dealing with the rabbinate here is not always pleasant (though I can’t say it was all joyous in Boston either), and being recognized as Jewish puts one at risk for harsh treatment as well as benevolent treatment by the government rabbinical establishment. For a couple who marry outside Israel, e.g. in a civil ceremony, the marriage is recognized as valid (though not Jewish), but I’m not sure how divorce is carried out. If I were not recognized as Jewish here for the purposes of a full Jewish life, I’m not sure I would have chosen to come here. I’m all for fighting the good fight, but only if I’m able to get into the ring.
I too was interested to hear what others had to say on the matter. Will you share your feelings on the subject too, rachel-esther?
Isn’t the Rabbinate controlled by Chareidim? I read recently that the Rabbinate is not even accepting Modern Orthodox conversions! I am converting to Orthodoxy because I believe it to be אמת, true, and that reason is the more general term for the other reasons.
Isn’t there an organisation called צוהר for Hiloni, Masorti, and Dati Jews to be represented by the Rabbinate?
Also off topic…anyone know how עברית מה התהלה is on learning Modern Hebrew and, if it IS any good, if it’s worth buying? (Perhaps Shimshonit knows a deal?)
תודה
Thank you to everyone for your responses. It seems that most everyone understands the issue and would not necessarily allow the Rabbinate to dissuade one from at least considering aliyah.
So, here are my thoughts.
1. As much as I respect Orthodoxy, I do not (yet) fit in with much of the mindset and the interpretation of halachah. I was accepted by the local Orthodox rabbi as a student but I backed out because I could not in good conscious convert, knowing that I would not follow strict Orthodoxy (at least at this point).
2. I think that while the Rabbinate is needed in Israel, it also has set itself up as the end-all and be-all of Jewish religious life in Israel. This may not be a bad thing in the general, philosophical sense but man is fallible and the Rabbinate seems to have taken on a life of its own. Corruption and in-fighting (hmm…baseless hatred - can anyone say Temple destruction?) have taken a toll and has caused many problems for Jews and non-Jews alike.
3. Since I am not married (and have no plans of ever being married) the issue of non-Orthodox marriage within Israel does not personally concern me. However, I think there should be a path for those who wish not to have an Orthodox wedding ceremony within Israel.
4. I also do not have children (and have no plans of ever having children) so the issue of raising children in Israel who are not seen as Jew by the Rabbinate also is of no personal concern to me. The issue is important for the survival of the Jewish people and the State of Israel. Continuing to allow the Rabbinate to dismiss children who grow up as Jews as not Jewish is problematic to say the least. This kind of attitude can push these children away from Judaism and may lead to further intermarriage and/or conversion away from Judaism. Children are our future and they must be treated as the gems they are.
5. I am not sure if mass aliyah by non-Orthodox will really make much of a difference. There seems to be such a strangle-hold on the Rabbinate (and thereby anything “Jewish”) by such a small minority of people that it seems almost insurmountable an issue. Yes, the non-Orthodox are making inroads and many more are making aliyah but even the secular Israelis do not necessarily see them as “true Judaism”. I think a lot of that comes from the idea that non-Orthodox Judaism is seen as a Western and/or American Judaism. Since Conservative (and some lesser extent Reform) has a difficult time defining itself, it is difficult to show the Israelis that Masorti is a legitimate, halachich form of Judaism.
I will not be making aliyah until my parents are gone (may G-d bless them both with long lives) but it is definitely something that I have been considering. Hopefully in the next year or two I can make a trip over there and get more of a first-hand look at the issues and day-to-day life.
Thank you to everyone for your responses.
Your thoughts and plans for the immediate future seem very sound, rachel-esther. Thanks for sharing them, and I hope you’ll look me up when you come to Israel.
It’s true that the Rabbinate is controlled mostly by haredim, Bobby. However, things haven’t quite deteriorated to the point where no modern Orthodox conversions are accepted. There have been challenges to conversions overseen by MO rabbis in Israel (like Rav Chaim Druckman who is himself a member of the Rabbinate, at least for the time being) and in America (with new requirements for compliance imposed on American batei din by the Israeli Rabbinate). However, this does not mean that no such conversions are accepted (mine was, two years ago), and only time will tell what will result from these challenges.
A Google search on Tzohar turned up the following website: http://www.tzohar.org.il/en_tzohar.pdf. It sounds like it is made up of modern Orthodox/religious Zionist rabbis who aim to serve any members of the Israeli public who do not want to be served directly by the Rabbinate. My husband informs me that there have been a number of articles on Tzohar in the past in the Jerusalem Post; a search in their archives can probably turn up more information on them. Halachically, Tzohar’s activities sound strictly kosher, though the rabbis sound as though they make an effort to tailor their services to the needs and desires of the individuals who seek out their help.
I’m not familiar with the book title you mention. Perhaps someone else has heard of it.
As a convert of 15 years. And I don’t even use that word anymore it is sad that I wouldn’t be considered a jew by the Orthodox movement. However, one reassurance to me is that I believe I am a jew and that is what matters most.
“anyone know how עברית מה התהלה is on learning Modern Hebrew and, if it IS any good, if it’s worth buying? (Perhaps Shimshonit knows a deal?)”
Yes, i know that book. It is a book for students who learn modern hebrew after the “ulpan method”, means: no other language than hebrew from the very beginning. There are two parts (aleph and bet), both together bring you to ramat gimel. I can recommend it but you should work through it with a teacher.
Gmar Chatima tova l’kulam,
Rose