RELIGIOUS AUTHORITY IN CONTEMPORARY ISRAEL
QUESTIONS:
1. Who determines the status of Jews?
2. How would the Jewish religion be incorporated into government
3. Would Israeli law follow Halacha
4. Should Israel be a Jewish state (and what does that mean?) or a State of the Jewish people? Should there be a separation between "church" and state?
5. Does Israeli law on personal status issues also affect the Diaspora, and how does this affect Israel- Diaspora relations?
6. Who decides who is Jewish
7. What role does Jewish history and memory play in determining these issues?
HISTORY OF RELIGIOUS AUTHORITY IN ISRAEL
1538- First Chief Rabbi, Levi Ibn Chaviv in Jerusalem; shifted to Tsfat- Rabbi Joseph Karo and Rabbi Chaim Vital, disciple of the Ari.
1665- Rabbi Moshe Galanti II takes title "Rishon Letziyon"
1842- Title changed to "Chacham Bashi"
1917- Under the mandate, 2 chief Rabbis. Sephardi: Rabbi Yaakov Meir and Orthodox: Rabbi Avraham Yitschak Kook.
1948- In the State of Israel, this continued, with the assistance of a rabbinical council which advised on issues pertaining to Jewish civil law, and Rabbinical courts, which are part of the Israeli judicial system and enforced by the government.
TEXTS
1. STATUS QUO AGREEMENT, JUNE 1947
Issues raised by Agudas Yisrael:
Yet, secular Jews see this differently! Dilemma: How to maintain a Jewish state in the context of different forms of Judaism and to meet the needs of diverse communities?
2. LAW OF RETURN, 1950 (amended 1954 and 1970)
Every Jew has the right to make aliyah- but who is a Jew????
What about the family and non Jewish spouse of a Jew?
Is someone who has converted, still a Jew? In Jewish law? According to the Law of Return?
The case of Brother Daniel and the Shalit case.
Can one be a Jew by nationality and a Christian by religion?
Can one be a Jew by nationality and an atheist by religion?
3. RABBINICAL COURTS JURISDICTION-MARRIAGE AND DIVORCE- LAW 5713 OF 1953
Rabbinical courts' power to determine marriage and divorce laws.
4. WESTREICH AND SHIFFMAN: A CIVIL FRAMEWORK FOR MARRIAGE AND DIVORCE IN ISRAEL
A call for civil marriage and divorce.
5. DANIEL ELAZAR: JUDAISM AND DEMOCRACY
The extreme right and democracy: Judaism is antithetical to democracy- drop democracy
The extreme left and the notion of a Jewish state- Judaism is antithetical to democracy- drop Judaism in terms of a Jewish state.
Yet- the Tanach is a source of Democracy and is not antithetical to democracy. The Jewish political tradition can help us build a good polity and society.
1. Who determines the status of Jews?
2. How would the Jewish religion be incorporated into government
3. Would Israeli law follow Halacha
4. Should Israel be a Jewish state (and what does that mean?) or a State of the Jewish people? Should there be a separation between "church" and state?
5. Does Israeli law on personal status issues also affect the Diaspora, and how does this affect Israel- Diaspora relations?
6. Who decides who is Jewish
7. What role does Jewish history and memory play in determining these issues?
HISTORY OF RELIGIOUS AUTHORITY IN ISRAEL
1538- First Chief Rabbi, Levi Ibn Chaviv in Jerusalem; shifted to Tsfat- Rabbi Joseph Karo and Rabbi Chaim Vital, disciple of the Ari.
1665- Rabbi Moshe Galanti II takes title "Rishon Letziyon"
1842- Title changed to "Chacham Bashi"
1917- Under the mandate, 2 chief Rabbis. Sephardi: Rabbi Yaakov Meir and Orthodox: Rabbi Avraham Yitschak Kook.
1948- In the State of Israel, this continued, with the assistance of a rabbinical council which advised on issues pertaining to Jewish civil law, and Rabbinical courts, which are part of the Israeli judicial system and enforced by the government.
TEXTS
1. STATUS QUO AGREEMENT, JUNE 1947
Issues raised by Agudas Yisrael:
- Matters of personal status
- shabbat observance
- Education
- Kashrut
Yet, secular Jews see this differently! Dilemma: How to maintain a Jewish state in the context of different forms of Judaism and to meet the needs of diverse communities?
2. LAW OF RETURN, 1950 (amended 1954 and 1970)
Every Jew has the right to make aliyah- but who is a Jew????
What about the family and non Jewish spouse of a Jew?
Is someone who has converted, still a Jew? In Jewish law? According to the Law of Return?
The case of Brother Daniel and the Shalit case.
Can one be a Jew by nationality and a Christian by religion?
Can one be a Jew by nationality and an atheist by religion?
3. RABBINICAL COURTS JURISDICTION-MARRIAGE AND DIVORCE- LAW 5713 OF 1953
Rabbinical courts' power to determine marriage and divorce laws.
4. WESTREICH AND SHIFFMAN: A CIVIL FRAMEWORK FOR MARRIAGE AND DIVORCE IN ISRAEL
A call for civil marriage and divorce.
5. DANIEL ELAZAR: JUDAISM AND DEMOCRACY
The extreme right and democracy: Judaism is antithetical to democracy- drop democracy
The extreme left and the notion of a Jewish state- Judaism is antithetical to democracy- drop Judaism in terms of a Jewish state.
Yet- the Tanach is a source of Democracy and is not antithetical to democracy. The Jewish political tradition can help us build a good polity and society.