Phil Weiss is angry that Israeli law has no mechanism for intermarriage, since there is no civil marriage and the religious hierarchies that handle personal status law do not recognize intermarriage. He learned of this dark reality, though not its source or reasons, from Shlomo Sand.
I pointed out that Israel’s marriage laws, like its divorces, burials, etc., are not constructed against Muslims or Catholics, but in the old Ottoman confessionalist models, which are agreed upon by everybody.
Now he returns to accuse me of misrepresenting the essential evil of this system:
Well I’m reading Shlomo Sand’s great book now and Gur is I believe misrepresenting the reality. Sand makes it clear that a bar on intermarriage was no leftover accident of history. “In 1953 the political promise to bar civil marriage in Israel was given a legal basis. The law defining the legal status of the rabbinical courts determined that they would have exclusive jurisdiction over marriage and divorce of Jews in Israel. By this means, the dominant socialist Zionism harnessed the principles of the traditional rabbinate as an alibi for its fearful imaginary [sic] that was terrified of assimilation and ‘mixed marriage.’”
It sometimes amazes me that someone can launch a years-long cultural attack against an entire society without knowing some really basic facts about it, such as the degree to which its “ethnic democracy” is a common phenomenon, or the mechanisms for marriage, or the fact that its marriage laws that effectively forbid intermarriage are supported by the minority religions more than by the Jews.
Of course, the problem is not with the singular fact of the year of the passage of the law, but with the thick layer of deconstruction slathered over it by Sand. The law formalized the already-existing Ottoman system, preventing the state from having to take away from the Muslim minority its generations-old sharia courts. The Muslims, Druse and Christians were not predisposed to give these up for a new Israeli jurisprudence. This wasn’t accomplished by Israeli racism – by and large the Druse are admired by Israeli Jews, but still demanded their own courts – but by a cultural commitment of Israel’s religious groups to maintain their traditional collectivist identities.
I neglected to note – and this is important for Weiss to consider – that I am no supporter of the rabbinate. I have done everything in my power, including Jerusalem Post editorials, interviews, etc., to advocate against Israel’s established rabbinate. My own father is a Reform rabbi. My wife’s father is an Orthodox rabbi. When we married in Israel in March 2008, it was in a wedding unrecognized by the state of Israel because neither of our fathers (who together officiated) were recognized rabbinate officials. We refused to invite a state rabbi to our wedding. Our legal standing is through a quickie civil marriage conducted in a Baltimore courthouse a few weeks earlier.
I don’t like this system. I think the “state church” of Israel has utterly politicized Israeli spirituality and collectivized Israeli religious identity. Without getting into the real suffering the haredi-controlled rabbinate is causing to agunot and would-be converts, the greatest tragedy is that the politicization of religiosity has had the effect of making Israel a spiritual wasteland. I yearn for the day – and I teach in a high school program and premilitary academy to bring it closer – when Israelis look to American Jews to discover how to construct authentic personal spiritual journeys.
But for all that, it’s simply not the reality to claim that the system was born primarily as a means of preserving Jews from religious intermarriage. That misunderstands the motivations of the early years of the state, and ignored some of the most basic identity structures of Middle Eastern religions – where religion is more akin to tribes than to the individualistic confessional faiths of the United States.
Consider: How much is the Sunni-Shi’ite split in Iraq to do with theological difference, and how much tribal? Are the Christians of Syria merely a confessional difference, or a collective tribal one? Or the Druse in Israel, who have an intermarriage rate estimated at 1% despite commonly dating Jews during our shared military service, and who live in their own villages apart from the Arabs or the Jews – are they primarily an American-style religion or a Middle Eastern tribe?
Weiss doesn’t prove anything by quoting the date of the passage of the law and then Sand’s ideological interpretation. He must show not that the Jews of Israel identify collectively like all other Middle Easterners, but that their personal status laws go beyond that and are motivated by a special prejudice against minorities. Since he can’t prove it, he interprets it.
I grew up with these attitudes in American Jewish life. They’ve faded a lot since I was a kid. But in Israel they were memorialized in law. Later Sand writes that even the liberal secular Supreme Court Justice Aharon Barak said, “A Jewish state is one in which Hebrew Law plays an important part, and in which the laws of marriage and divorce of Jews are based on the Torah.”
Here is Weiss’ main mistake: believing that at their core Jews are the same in the US and Israel, and therefore the values of one can easily judge the other. American Jews have transformed into a Protestant-style individualistic faith. Israelis, perhaps 60% of whom hail from the Muslim world, have transformed the notion of Jewishness into a Middle Eastern religion-affiliated national collective that draws more from Muslim world identities than from Zionist ideology.
This is a vast gap in the basic structures of identity, and the two communities (which are together 80% of all Jews) will have to start learning about each other in order to begin to understand each other better. In the meanwhile, it’s not legitimate to offer cheap and easy indictments of the other community. Israelis are fond of saying that American Jews are either disappearing or living on “borrowed time.” Both are false, and come from an Israeli misunderstanding of what it means to live one’s Jewishness as Americans. Some Americans (still a small minority) believe Israeli Jewish nationhood is somehow a warping of the essentially religious nature of Jewishness. True, it’s a deep change, but no deeper than the American spiritualization of Jewish identity. After all, the shtetl Jew was not merely an autonomous citizen with a spiritual affiliation. He was part of a feudal corporate system that identified Jews as a distinct group with distinct living areas and separate legal obligations.
Jews have been many different things in different periods, and both Americans and Israelis are new kinds of Jews. Neither is “wrong.”
As for Aharon Barak, again, this is a twist of the truth. Some of the influence of Halacha in Israeli law includes, for example, viewing the prostitute as the victim, and the pimp and client as its perpetrators. That Israel draws from millenia of Jewish legal thought is not bad, as long as it is subject to oversight over the question of equality and the Basic Laws.
There are more responses to my claims in the comments on Weiss’ site, but I can’t respond to them because I’m awaiting approval as a commentor. These include the claim that what I wrote about “German ethnic origin” in article 116 of the German constitution isn’t there at all. This is a strange complaint. Google it. It’s there. (Search “right of return” on Wikipedia to find it easily.) It refers to East European German-speakers in the post-war period who had nowhere else to go – but had never been citizens of Germany.
Another comment responds to my statements about Israeli marriage law by bringing up the debate over Palestinian family reunification across the Green Line. This is an important question – the Supreme Court decided it on one vote – and I’m happy to get into it if that’s necessary. It continues to be debated to this day. But it has nothing to do with marriage law. Can we stick to one topic at a time?