10002 —על הגדרת זהות יהודית וגיור בחוק הישראלי

B"H, the 5th of Marcheshvan, 5731.

Brooklyn, NY.

Havavac"h iy"a nu"n engaged in tzt"z Mr. Yaakov Rozental

Shalom u'Vrachah!

In continuation to my previous letter, I will now, at least briefly, comment on some points from your letter: You explain well in your letters that the beginning of the problem was in previous laws whose wording was inappropriate, etc. To my knowledge, this is the first time a law attempts to define the term "Jew," and even if the solution were proper, the very possibility of doubt on this matter—and that it needed clarification—shows how degraded the situation is. All the more so since what happened did happen and they resolved it by omitting a halachic definition. Even if you claim that the root of the problem is in earlier laws, this does not fix it but only explains its development.

It seems your intention is that had they corrected prior laws—as you suggest by removing registration details for religion and nationality—then this whole problem would not have arisen. But now it is impossible to return things to how they were. It is clear and simple that any attempt to remove registration details for religion and nationality will involve a struggle with political parties; moreover, as long as any law retains the current definition of "Who is a Jew," the problem remains unresolved.

b) Regarding your note that so-and-so proposed the wording and is therefore at fault—this too cannot be changed now.

c) Of course I agree with you that even if they amend conversion in this law by adding "according to halachah," this does not guarantee one hundred percent that everything will be perfectly arranged; but any other wording would be even worse. For example, the proposal to write "according to the Chief Rabbinate," aside from having no source in Torah (since according to Torah all rabbis have equal authority if they are equally G‑d-fearing), given recent deterioration even in our Holy Land one can imagine future doubts about who will make up the Chief Rabbinate. As is known, there are claims made in the name of democracy—that since there are Reform and Conservative temples etc., their rabbis should also be represented—and who knows, maybe even Karaites will be included under banners of Ahavas Yisrael and unity.

The weak point in all this—but for which I see no solution at present—is that a body elected by every resident of Eretz Yisrael, regardless of religion or even those opposed to religion, has authority over such questions. In other words: The term "Jew" is defined by halachah and religion; there is no place for opinions from those unqualified or unaffiliated with Torah and halachah—certainly not for them to vote or decide on such matters.

But since presently two and a half million Jews have legislated for themselves a law which is an enormous falsehood—that conversion can occur not according to halachah—in direct contradiction [to Torah], we must find a way to annul this law as soon as possible. If we wage a battle to prove that conversion and Jewish identity are halachic terms against those unmoved by proofs or sources—who only care which party is stronger or who has better connections—such a battle could drag on indefinitely with unpredictable results.

However, demanding "conversion according to halachah" is merely a demand for maintaining the status quo—not as newspapers or polemicists claim some new demand. On the contrary: Until recently it was obvious what "Who is a Jew" meant and what constitutes conversion—especially after Ben-Gurion's survey made things so clear that he immediately removed all debate from public discussion. Those who introduced changes did so for inter-party calculations or reasons unrelated to the core issue.

For example: The oft-repeated argument trumpeted loudly—that justice demands anyone who shed blood defending our homeland should be registered as Jewish? When I asked what connection these two issues have—it’s clear someone who risked his life deserves every reward—but it does not change matters dependent on birth or soul structure etc., just as some things depend on special conditions; no nation ever demanded such things. For instance: The Druze have guarded our borders for twenty years yet none has been made Kohen Gadol—or even an ordinary Kohen—or called Jewish.

There’s much more to elaborate regarding your letter’s points; but I believe I’ve clarified my fundamental approach: Every day conversions not according to halachah take place both in Eretz Yisrael and abroad; after some time it may become impossible to verify how someone converted since all certificates look alike. In such an emergency everyone must do all they can to annul this decree as quickly as possible; afterwards we can try at least to address other weaknesses—and may that next stage come speedily.

Summary

The Rebbe teaches that Jewish identity and conversion are defined solely by halachah—not politics or secular law—and urges immediate action to restore clarity before confusion becomes irreversible.