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Covenant and the Jewish Conversion Question pp 223–245Cite as

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Conversion and the Future of Israel

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Part of the book series: Jewish Thought and Philosophy ((JTP))

Abstract

This chapter looks to one of the greatest challenges to date regarding who is Jewish—namely, the influx of over 300,000 halakhically non-Jewish immigrants from the former Soviet Union to the State of Israel. Key questions relating to ‘accepting the yoke of the commandments’ and ulterior motives are more pressing given the vast majority of this population will not maintain strict observance. This chapter utilizes Soloveitchik’s unique framing of the dual Covenants of Fate and Destiny to help determine Jewish identity.

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Notes

  1. 1.

    Techumin, 17:223–224 quoted in Yosef Zvi Rimon, ‘Contemporary Ashkenazi Pesak Regarding the Invalidation of Conversion,’ Tradition, 46:2 (2013), p. 51. The phrase ‘et la’asot la-Hashem lahefer Torotekhah’ is a Hebrew quote from Psalms 119:126 that, as Zecharyah Tzvi Goldman explains, ‘declares a rabbinic perception of a state of emergency … [and provides] a mandate for the rabbinic authorities to respond with the capacity to override the law, i.e., to “void” the Torah on a temporary basis, whether it be to forbid the permitted or permit the forbidden.’ Zecharyah Tzvi Goldman, ‘Et La’asot La-Hashem: Emergency Halakha in the Rabbinic Tradition,’ Milin Havivin, Vol. 3, December 2007, pp. 92–93.

  2. 2.

    Elliot Resnick, Movers and Shakers : Sixty prominent personalities speak their mind on tape (New York: Brenn Books, 2012), p. 120.

  3. 3.

    Jonathan Sacks, Covenant & Conversation, Exodus: The Book of Redemption (Jerusalem: Maggid Books, 2010), p. 167.

  4. 4.

    Elliot Resnick, Movers and Shakers , p. 120.

  5. 5.

    A similar point is made by Arye Edrei in his essay ‘From “Who Is a Jew” to “Who Should Be a Jew”’ Conversion, Intermarriage and Jewish Identity, R. Hirt, A. Mintz, M. Stern eds. (New York: Yeshiva University Press, 2015), pp. 137–138.

  6. 6.

    Similar remarks about the different attitudes between intermarried couples of the past, and those who immigrated from the FSU, are offered by R. Yigal Ariel, ‘Conversion of the Immigrants of the Soviet Union,’ Techumin 12 (1991), p. 85 (Hebrew).

  7. 7.

    Maimonides, MT, Laws of Forbidden Intercourse, 14:1.

  8. 8.

    Joseph B. Soloveitchik, Kol Dodi Dofek: Listen – My Beloved Knocks, J. Woolf ed., D. Z. Gordon trans. (New York: Ktav, 2006), p. 74.

  9. 9.

    B. David Schreiber, Noraos HaRav Vol. 10 (1999), p. 78.

  10. 10.

    Binyamin Lau, ‘Prophetic Morality as a Factor in R. Uziel’s Rulings on Conversion: A Case Study of Halakhic Decision-Making from a Zionist Perspective’ in Chaim I. Waxman (ed.), Religious Zionism Post Disengagement: Future Directions (New Jersey: Yeshiva University Press, 2008), p. 311. See also Shaul Yisraeli, ‘A convert is like a new-born – its meaning and mechanism,’ Torah She’Baal Pe, 29, pp. 22–28 as quoted in the previous chapter. For a broader understanding of Yisraeli’s unique treatment of national aspects of conversion, see Yitzhak Ronnes, ‘The Religious Zionist Conception of Conversion: An Analysis of the Teachings of Rabbi Shaul Yisraeli,’ Tsohar Volume 39 (2016), 259–277. Ronnes explicitly contrasts the approaches of Yisraeli and Sherman as representing two poles in the conception of conversion.

  11. 11.

    Yigal Ariel, ‘Conversion of the Immigrants of the Soviet Union,’ Techumin, 12, p. 89. It should be noted that the latter words of this quote paraphrase the famous statement of Saadia Gaon quoted earlier.

  12. 12.

    For example, Prime Minister Olmert remarked in a speech delivered in 2008 that immigrants from the FSU ‘chose to tie their fate to the fate of the Jewish people.’ See http://www.jpost.com/National-News/State-comptroller-slams-Conversion-Authority-312547. An even more extreme expression of this was the remark by Minister of Police and Minority Affairs, Bechor-Shalom Sheetrit, who declared that if a non-Jew tied his fate with a Jewish spouse and they both decided to immigrate to Israel, the whole family should be considered Jewish. See Chaim I. Waxman, ‘Giyur in the Context of National Identity’ in Robert S. Hirt, Adam Mintz & Marc D. Stern (eds.), Conversion, Intermarriage, and Jewish Identity (New Jersey: Yeshiva University Press 2015), p. 157. For a further example of this see R’ Moshe Tzuriel, ‘The conversion of the immigrants from Russia,’ Itturei Kohanim, 67, (5751), p. 34 (Hebrew).

  13. 13.

    Arye Edrei, ‘From “Who Is a Jew” to “Who Should Be a Jew”: The Current Debates on Giyur in Israel,’ in Robert S. Hirt, Adam Mintz & Marc D. Stern (eds.), Conversion, Intermarriage and Jewish Identity (New Jersey: Ktav/Urim, 2015), p. 128.

  14. 14.

    This point is also discussed by R. Yehuda Brandes, ‘The New Conversion Polemic,’ Akdamot 21 (Ellul 5768, 2008), p. 95 (Hebrew).

  15. 15.

    Nahum Eliezer Rabinovitch, Mesilot Bilvavam , E. Reiff ed. (Mitzpeh Nevo: Ma’aliyot Press, 2015) p. 280 (Hebrew).

  16. 16.

    Alfredo Mordechai Rabello, ‘On Mixed Marriages and Conversion to Judaism, Specifically in the State of Israel’ Emor no. 1 (January 2010, Shevat 5770), p. 79.

  17. 17.

    David Stav, email communication with author, February 7, 2016.

  18. 18.

    Benjamin Ish-Shalom, email communication with author, May 2, 2016.

  19. 19.

    Netanel Fisher, email communication with author, March 3, 2016.

  20. 20.

    Shlomo Riskin, email communication with author, March 15, 2016.

  21. 21.

    Yosef Zvi Rimon, email communication with author, February 24, 2016.

  22. 22.

    See also the articles on https://giyur.org.il/מאמרים/ amidst the broader website.

  23. 23.

    Matthew Wagner, ‘Conversion conflict – a Zionism issue,’ Jerusalem Post, May 5, 2008. Accessed online from: http://www.jpost.com/Israel/Conversion-conflict-a-Zionism-issue

  24. 24.

    Arye Edrei, ‘From “Who Is a Jew” to “Who Should Be a Jew,”’ pp. 124–126.

  25. 25.

    Zeev (Vladimir) Hanin, Lavo Bikhal Yisrael (Beit Morasha: Jerusalem 2014), p. 103 (Hebrew).

  26. 26.

    Arye Edrei, ‘From “Who Is a Jew” to “Who Should Be a Jew,”’ pp. 126–127.

  27. 27.

    See Binyamin Lau, ‘Prophetic Morality as a Factor in R. Uziel’s Rulings on Conversion: A Case Study of Halakhic Decision-Making from a Zionist Perspective’ op. cit, p. 290 quoting Avi Sagi, ‘Rabbi Soloveitchik and Prof. Leibowitz as theoreticians of Halakhah’ (Hebrew), Da’at, 29 (1992).

  28. 28.

    N. Helfgot (ed.), Community, Covenant and Commitment (Jersey City, 2005), pp. 24–25. For another example where Soloveitchik allowed context to frame his approach, see R. Menachem Genack, ‘My First Year in the Rav’s Shiur,’ in Zev Eleff, ed., Mentor of Generations (Jersey City, 2008), p. 171.

  29. 29.

    The Rav Speaks (Brooklyn, 2002), pp. 49–50.

  30. 30.

    Nahum Eliezer Rabinovitch, Mesilot Bilvavam , p. 281.

  31. 31.

    Elliot Resnick, Movers and Shakers , pp. 120–121.

  32. 32.

    According to the figures issued by Israel’s Central Bureau of Statistics, the population of the State of Israel at the start of 2021 numbered 9,291,000 people, with the Jewish population accounting for 73.9% of the total population, the Arab population 21.1%, and ‘others’ (including persons of Jewish ancestry deemed non-Jewish by religious law and persons of non-Jewish ancestry who are family members of Jewish immigrants, non-Arab Christians, members of other religions, and persons not classified by religion) 5.0%. See https://www.cbs.gov.il/en/mediarelease/Pages/2020/Population-of-Israel-on-the-Eve-of-2021.aspx

  33. 33.

    Chuck Davidson, Time for Conversion Reform, Jerusalem Post, June 29, 2014. Accessed online from: http://www.jpost.com/Opinion/Op-Ed-Contributors/Time-for-conversion-reform-360955

  34. 34.

    Zeev (Vladimir) Hanin, Lavo Bikhal Yisrael , p. 92. The conclusions from Hanin’s study added considerable weight to the proposal and subsequent ratification in December 2014 of what became known as the ‘Stern bill,’ which sought to decentralize the state conversion system and provide greater choices and reduce unnecessary delays in the conversion process.

  35. 35.

    Jeremy Sharon, The Conversion story, The Jerusalem Post Magazine, March 4, 2016, p. 12.

  36. 36.

    Haim Amsalem, T’chu Einayim Mer’ot/ Mesorat Halakha B’Inyanei Giyur 1 (Jerusalem 5774 [2014]), p. 39 (Hebrew).

  37. 37.

    Responsa Mishpetei Uziel (7:19.4), cited by Haim Amsalem, ‘Acceptance of the Commandments for Conversion,’ Conversations, Issue 14, Autumn 2012/5773 (2013), pp. 95–96. Available online at https://www.jewishideas.org/article/acceptance-commandments-conversion

  38. 38.

    Haim Amsalem, Zera Yisrael (Jerusalem: Mekabetz Nidhei Yisrael, 2010) (Hebrew). See also the second volume, Mekor Yisrael [Source of Israel] (Jerusalem: Mekabetz Nidhei Yisrael) (Hebrew), which contains much of the source material for his thesis.

  39. 39.

    Haim Amsalem, ‘Acceptance of the Commandments for Conversion,’ Conversations, p. 93.

  40. 40.

    Ibid.

  41. 41.

    Yated Ne’eman, May 20, 2010.

  42. 42.

    David Ellenson, ‘The Rock from Which They Were Cleft: A Review-Essay of Haim Amsalem’s Zera Yisrael and Mekor Yisrael’ in his Jewish Meaning in a World of Choice: Studies in Tradition and Modernity (Philadelphia: The Jewish Publication Society, 2014), p. 218.

  43. 43.

    Ibid., p. 219.

  44. 44.

    Nahum Eliezer Rabinovitch, Mesilot Bilvavam , p. 282.

  45. 45.

    David Ellenson and Daniel Gordis, Pledges of Jewish Allegiance (Stanford: Stanford University Press, 2012), p. 159.

  46. 46.

    Benjamin Ish-Shalom, ‘The Truth about the Rotem Conversion Law,’ found at https://www.bmj.org.il/userfiles/articles/new/The%20Truth%20about%20the%20Rotem%20Conversion%20Law.pdf (accessed on January 19, 2019).

  47. 47.

    Tzohar is a contemporary organization of Israeli Orthodox rabbis that offers religious services (such as marriage, rabbinic guidance, lifecycle events, Jewish education, and holiday services) as alternatives to the system of the Israeli Chief Rabbinate. It describes its mission as ‘providing Jewish services that are warm and welcoming to today’s secular Jewish people around the world.’ Accessed online from: https://tzohar-eng.org/about/our-mission/

  48. 48.

    Interview with R. Yuval Cherlow by Sarit Bendavid, Kol Hamevaser, September 15, 2010. Accessed online from: http://www.kolhamevaser.com/2010/09/an-interview-with-r-yuval-cherlow/

  49. 49.

    For an overview of the Chief Rabbinate’s approaches to conversion rulings, see Netanel Fisher, ‘Israeli Halakha: The Chief Rabbinate Conversion-To-Judaism Policy 1948–2018,’ Modern Judaism – A Journal of Jewish Ideas and Experience, Volume 39, Issue 1 (February 2019), pp. 61–92.

  50. 50.

    Jeremy Sharon, ‘New private conversion courts established in challenge to chief rabbinate,’ Jerusalem Post 8 October 2015. Accessed online from: http://www.jpost.com/Israel-News/Challenge-to-Chief-Rabbinate-National-religious-rabbis-announce-new-conversion-courts-411709

  51. 51.

    Jeremy Sharon, The Conversion story, The Jerusalem Post Magazine, March 4, 2016, p. 13.

  52. 52.

    Rabbi David Stav, email to author, February 7, 2016.

  53. 53.

    Ibid.

  54. 54.

    See http://www.haaretz.co.il/news/education/.premium-1.2709236

  55. 55.

    Jeremy Sharon, The Conversion story, The Jerusalem Post Magazine, March 4, 2016, p. 12.

  56. 56.

    Ibid.

  57. 57.

    Jeremy Sharon, ‘New private conversion courts established in challenge to chief rabbinate,’ Jerusalem Post, 8 October 2015. Accessed online from: http://www.jpost.com/Israel-News/Challenge-to-Chief-Rabbinate-National-religious-rabbis-announce-new-conversion-courts-411709

  58. 58.

    Jeremy Sharon, ‘The Conversion story,’ The Jerusalem Post Magazine, March 4, 2016, p. 13.

  59. 59.

    Ibid. See Rabbi Abraham Isaac Kook, Responsa Da’at Cohen, Yoreh Deah, 147.

  60. 60.

    Rabbi Hayim Ozer Grodzinski, Responsa Ahiezer, 3:28.

  61. 61.

    Rabbi Moshe Feinstein, Responsa Iggrot Moshe EH 4:26.

  62. 62.

    Jeremy Sharon, The Conversion story, The Jerusalem Post Magazine, March 4, 2016, p. 13.

  63. 63.

    As pointed out by Rabbi David Stav, email to author, February 7, 2016.

  64. 64.

    Itim is a not-for-profit organization that works to make religious services in Israel more accessible and user friendly with a specific focus on conversion; see https://www.itim.org.il/en/

  65. 65.

    Sharon, The Conversion story, The Jerusalem Post Magazine, March 4, 2016, p. 13.

  66. 66.

    Jeremy Sharon, ‘Maslul project to spur conversion in FSU before aliya,’ The Jerusalem Post, March 6, 2016, p. 9.

  67. 67.

    As explained by Shalom Norman, Director of the Triguboff Foundation in a framework document about Maslul in an email to author, February 22, 2016.

  68. 68.

    For example, Member of Knesset Yitzhak Pindros called a person who converts through the Orthodox Israeli army conversion system not Jewish, aggravating many around the world; see ‘Conversion controversy: Haredi MK labels female IDF converts “shiksas,”’ Jerusalem Post 2 March 2021. Accessed online from: https://www.jpost.com/israel-news/conversion-controversy-haredi-mk-labels-female-idf-converts-shiksas-660683

  69. 69.

    Yonah Jeremy Bob, Jeremy Sharon, ‘Court rules: Recognize Reform, Conservative conversions done in Israel for citizenship,’ Jerusalem Post 1 March 2021. Accessed online from: https://www.jpost.com/breaking-news/israel-to-recognize-reform-conservative-conversion-for-law-of-return-660592. While beyond the scope of this study, developments such as these continue to advance the need for practical solutions.

  70. 70.

    Moshe Nissim, ‘Conversion in Israel: Report and Recommendations,’ 2018 [Heb.].

  71. 71.

    JPPI’s Pluralism Project survey, 2018, as explicated in Shmuel Rosner and Camil Fuchs, #IsraeliJudaism: Portrait of a Cultural Revolution (Jerusalem: Jewish People Policy Institute 2019) p. 103. The figure quoted is 32% and a further 4% say they would even be happy if their relative marries a non-Jew.

  72. 72.

    Aaron Rakeffet-Rothkoff, The Rav: The World of Rabbi Joseph B. Soloveitchik Vol. 2 (Hoboken, New Jersey: KTAV 1999), p. 38.

  73. 73.

    Nahum Eliezer Rabinovitch, Mesilot Bilvavam , p. 283.

  74. 74.

    Zeev (Vladimir) Hanin, Lavo Bikhal Yisrael , p. 105.

  75. 75.

    The Hebrew text of this interview appeared in the August 1985 edition of HaDoar . Excerpts of this interview were translated into English and published in The National Jewish Post and Opinion, January 4, 1989, p. 1.

  76. 76.

    Aaron Rakeffet-Rothkoff, The Rav: The World of Rabbi Joseph B. Soloveitchik Vol. 2 (Hoboken, New Jersey: KTAV, 1999), p. 124.

  77. 77.

    See R. Joseph B. Soloveitchik, Reshimot Shiurim : Yevamot, Yevamot 45b: R. Tzvi Yosef Reichman (ed.), Kuntress B’Inyan Geirut (New York: 2011), pp. 507–8 (Heb.).

  78. 78.

    However, as noted in Chap. 6, in Soloveitchik’s conception, while a ger b’alma’s motivation might be nationalistic, they must agree to live in accordance with the dictates of halakhah.

  79. 79.

    Arye Edrei, ‘From “Who Is a Jew ” to “Who Should Be a Jew”’ pp. 137–138. It should be noted that despite the similarities between Soloveitchik’s Covenant of Fate and the nationalistic element of conversion as proposed by some rabbis (primarily from the religious Zionist camp), these two approaches to conversion should not be entirely conflated into a single approach. As Yitzhak Ronnes notes in his article, ‘The Religious Zionist Conception of Conversion: An Analysis of the Teachings of Rabbi Shaul Yisraeli’ Tsohar Volume 39 (2016), pp. 269–273, many of the thinkers who have foregrounded the nationalistic element of conversion are motivated by a kabbalistic perspective about the essential nature and significance of the collective soul of the Jewish people. This conception of the Jewish collective is prevalent in certain religious Zionist literature and is often attributed to works like the Kuzari and the Maharal, and it is heavily highlighted in the thought of Rabbi Avraham Yitzhak Kook. Soloveitchik’s Covenant of Fate, by contrast, is associated with the real-life history of the nation as opposed to its ontological nature.

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    Benji Levy

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Levy, B. (2021). Conversion and the Future of Israel. In: Covenant and the Jewish Conversion Question. Jewish Thought and Philosophy. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-80145-8_9

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