
In an unprecedented decision, a Yerushalayim District Court recognized Orthodox conversions to Judaism made outside the Chief Rabbinate for citizenship purposes – but not for religious recognition.
The case involved two women who converted to Judaism in Israel through Orthodox rabbinical courts not affiliated with the state rabbinate. These conversions, although performed by Orthodox rabbis, are generally considered more lenient on certain issues and are therefore not recognized by the state for religious purposes.
One of the rabbinical organizations, known as Giyur K’Halacha, is part of the religious advocacy group ITIM. The other is Ahavat HaGer, headed by French-speaking Rabbi Chaim Amsalem, a former member of the Knesset for his activism in favor of greater openness on the part of the Chief Rabbinate, particularly with regard to conversions.
Both associations hope that the court’s decision will be a stepping stone to wider recognition of private conversion courts in Israel.
The two women, named Bina Jessica Welmer and Silvia Ventsislavova, applied for Israeli citizenship after converting, but their applications were rejected by Israel’s Interior Ministry.
Welmer, who was living in Israel on a work visa, was forced to return to her native country Germany during the investigation of the case, while Ventsislavova, who is married to a Jewish Israeli, was allowed to remain in the country.
Under Israel’s Law of Return, anyone with at least one Jewish grandparent who does not practice any religion other than Judaism is eligible for Israeli citizenship, as are those who convert to Judaism.
This issue of conversion, however, has remained ambiguous in the law, with no clear indication of which conversions are accepted for citizenship.
For more than 15 years, Israeli courts have urged parliament to make a decision on the issue and enshrine it in law. After it repeatedly failed to do so, last year the High Court of Justice ruled that Reform and “traditionalist” conversions performed in Israel would be sufficient for citizenship purposes, but not recognized for marriage purposes.
In her ruling on Thursday, Justice Tamar Bar-Asher determined that both plaintiffs passed through “recognized Jewish communities” to convert and were therefore eligible for citizenship.
The ruling was based largely on the fact that there are two private botei din for geirus in Israel – one in the Mea Shearim neighborhood of Yerushalayim and the other in Bnei Brak – that are not part of the Chief Rabbinate but whose authority is nonetheless recognized by the state, meaning that rabbinic recognition is not in itself a necessary condition of validity.
There could still be an appeal to the decision, which would require the High Court of Justice to rule on the matter, but it is unlikely that the High Court will overturn the decision.
Israel just created the biggest issue for themselves.
From herein no legitimate Bais Din or any orthodox person will accept ANY Israeli conversion as halachakliy acceptable. I feel sorry for all those innocent converters who will be messed up by the “Jewish” government who supposedly is looking out for them. In a nut shell: it’s a major ruling without the slightest bit of foresight.
It’s just too bad.
Why should the Chief Rabbinate be more accepted than by Orthodox rabbis?
Parliaments and courts of democratic countries cannot and should not be paskening halachos. Therefore, as long as there is one state-recognized Rabbinical authority, any law regarding Jewish identity can just state “as determined by the cheif Rabbinate”. But if the law accepts the rulings of “all” Rabbis, then this is one big loophole in the system, where everyone (including extreme-leftist non-frum guys) can decide to appoint themselves as a Dayan and perform conversions, without any credentials.
Am chofshi.
One must verify yichus prior to marrying any Israeli citizen. What the editor is terming “unprecedented” is simply false. The Israeli Government is and always was a secular one. Furthermore the Government hates the Torah and hence the noson H’torah. Stop deluding yourself!
Zionism is diametrically opposed to Judaism!