Israel's High Court Says Women Must Be Allowed To Serve As Rabbinical Court Administrators

Times of Israel reports that Israel's High Court of Justice ruled yesterday that women must be allowed to serve in administrative positions as directors of rabbinical courts.  Previously they have been precluded from serving by a rule providing that to be eligible for that administrative position, the person must be eligible to serve as a city rabbi.  According to the Times:

The new requirements ordered by the court on Wednesday are that the candidate be a resident of Israel, possess a rabbinical court advocate license or a law practicing license along with a master’s degree in Jewish law or Talmud, have at least seven years of experience in rabbinical court appearances, and possess “character and lifestyle befitting a director of rabbinical courts.”

Pence Speaks To Christians United For Israel

On Monday, Vice President Mike Pence delivered a nearly 25-minute address at the Christians United for Israel Washington Summit.  His remarks (full text) included extensive references to the Trump Administration's support for Israel and to Pence's own religious beliefs.  Here are a few excerpts:

Now as the Good Book says: If you owe debts, pay debts.  If honor, then honor.  If respect, then respect.  And I’m really here on the President’s behalf and on our entire team’s behalf to pay a debt of gratitude to all of you who helped elect a President who is fighting every single day to defend faith, restore freedom, and strengthen America’s unbreakable bond with our most cherished ally, Israel....

My friends, to look at Israel is to see that the God of Abraham, Isaac, and Jacob keeps his promises, keeps the promises He makes to His people and to each one of us.

Ezekiel prophesized:  “Behold, I will cause breath to enter into you, and ye shall live.”  And the State of Israel and her people bear witness to God’s faithfulness, as well as their own....

For my part, like all of you, my passion for Israel springs from my Christian faith.  The songs of the land and the people of Israel were the anthems of my youth.  As for me and my house, we pray for the peace of Jerusalem and all who call her home.  It’s really the greatest privilege of my life to serve as Vice President to a President who cares so deeply for our most cherished ally.

Israel's Cabinet Suspends Agreement On Egalitarian Prayer Space At Western Wall

As reported by Haaretz and the Jerusalem Post, Israel's Cabinet on Sunday voted to suspend the agreement with Judaism's Reform and Conservative movements and the Women of the Wall movement approved by the Cabinet last year to construct a separate prayer space at the Western Wall for egalitarian prayer. Implementation of the agreement had already been long delayed.  (See prior related posting.)  Now negotiations will begin on a new plan acceptable to the ultra-Orthodox political parties.  Yesterday's move came after pressure from the ultra-Orthodox members Prime Minister Netanyahu's coalition. At the same time, the Cabinet approved continued construction to improve the Robinson's Arch area in the southern part of the Western Wall complex away from the main plaza.This area is currently used for mixed-gender prayer.  With yesterday's decision, attention now moves to the High Court of Justice where a lawsuit filed previously seeks to require the government to provide egalitarian prayer space at the Western Wall.  Some Cabinet members blamed the filing of that lawsuit for yesterday's Cabinet action, saying it undercut the possibility of informal resolution.

Union for Reform Judaism president Rabbi Rick Jacobs reacted strongly to the Cabinet's decision, calling it "an unconscionable insult to the majority of world Jewry."

Israeli Court Says El Al May Not Ask Women To Change Seats To Accommodate Religious Concerns of Male Passengers

According to the New York Times, an Israeli court in Jerusalem yesterday ruled that El Al Airline's policy of asking women passengers to move seats in order to accommodate religious beliefs on modesty of ultra-Orthodox Jewish men violates Israel's anti-discrimination laws.  Requests for seating changes by male passengers who are concerned about inadvertent physical contact have delayed flights in recent years.  According to the Times:

In discussions outside the courtroom, the two sides in the case agreed on a judgment proposed by the judge, declaring that it is forbidden for a crew member to ask a passenger to change seats at the request of another passenger based on gender. El Al agreed to tell its cabin staff in writing about the prohibition within 45 days, and to provide training in how to deal with such situations within six months.

The court also awarded plaintiff, 83-year old Renee Rabinowitz, damages equivalent to $1800(US). [Thanks to Steven H. Sholk for the lead.]

Trump In Israel Calls For End To Sectarian Conflict In Middle East

During his trip to the Middle East, yesterday President Trump delivered an address (full text) at the Israel Museum in which he framed a call for a political settlement in religious terms.  The President said in part:

Today, gathered with friends, I call upon all people -- Jews, Christians, Muslims, and every faith, every tribe, every creed -- to draw inspiration from this ancient city, to set aside our sectarian differences, to overcome oppression and hatred, and to give all children the freedom and hope and dignity written into our souls. 

Earlier this week, I spoke at a very historic summit in Saudi Arabia.  I was hosted by King Salman -- a very wise man.  There, I urged our friends in the Muslim world to join us in creating stability, safety and security.  And I was deeply encouraged by the desire of many leaders to join us in cooperation toward these shared and vital goals.  

Conflict cannot continue forever.  The only question is when nations will decide that they have had enough -- enough bloodshed, enough killing.  That historic summit represents a new opportunity for people throughout the Middle East to overcome sectarian and religious divisions, to extinguish the fires of extremism, and to find common ground and shared responsibility in making the future of this region so much better than it is right now.

Zogby's Dissent In the USCIRF Annual Report

As previously reported, last week the U.S. Commission on International Religious Freedom issued its 2017 Annual Report.  It turns out that buried in the Report-- i.e. not listed in the Table of Contents-- were a "dissenting statement" by Vice Chair James Zogby (pg. 17 of Report), a joint "additional statement" by 7 of the Commissioners (pg. 20 of Report), an "additional statement" by Vice Chair Daniel Mark (pg. 21 of Report), and an "additional statement" by Commissioner John Ruskay (pg. 21 of Report).  Commissioner Zogby's dissent-- which has two parts-- has generated the most interest.  The media (JTA, Mondoweiss, and a Huffington Post column by Zogby himself) focused on Zogby's complaint that a narrow majority of Commissioners refuse to examine the issue of religious freedom in Israel and the Palestinian territories.

Equally interesting, however, is Zogby's broader critique of the manner in which USCIRF operates. He says in part:

I believe that part of the reason why we have not been able to contribute to improving the situation of vulnerable faith communities is because of how we have interpreted our mandate. Instead of serving as a bipartisan group of experts making informed recommendations to the Administration and Congress—as was envisioned by IRFA—we have acted more like a Congressionally-funded NGO that issues a variety of materials “naming and shaming” countries that violate religious freedom.

I believe that instead of using our limited resources to produce opinion pieces, press releases, and a lengthy and duplicative annual report, and acting as a “critic” of the Executive Branch, USCIRF should consider new and constructive approaches to its work in order to more effectively promote international religious freedom. Instead of simply making do with “naming and shaming” the many countries that violate religious freedom, we should develop a more focused approach that involves making an in-depth study of a few targeted countries so that we might be in a position to provide the Administration and Congress with creative problem-solving ideas where improvements in religious freedom can be made....

In too many instances, we have failed to distinguish between actual violations of religious freedom and sectarian, regional, or tribal struggles for political power. Too often, in the past, some have engaged in reductionist analysis—seeing everything as a nail, because the only tool we wield is a hammer. In failing to understand the complexity and non-religious underpinnings of conflicts, like those in Nigeria, Iraq, or the Central African Republic, our analysis and recommendations sometimes miss the mark. Religious conflict is not the cause of tension in these countries and, therefore, religious freedom is not the solution to their problems.

Some have expanded this reductionism to extreme and even absurd lengths, claiming that if, as they maintain, religious freedom is “the first freedom,” then all else flows from it. They correctly observe a correlation between religious freedom and prosperity and democracy in some countries, but then mistakenly attribute the latter to the former. In fact, a more convincing case can be made that prosperity and democracy are the prerequisites for religious freedom. In other instances, they have attempted to make the case that religious extremism only originates in countries that violate religious freedom. This patently false conclusion ignores the reality of home-grown extremist religious movements in Western Europe or the United States. 

Israel Appoints First Woman As Judge On Muslim Religious Court

Haaretz reports that Israel has for the first time in the country's history appointed a woman to serve as a judge (qadi) in a Muslim religious court.  Government appointed religious courts in Israel have jurisdiction over personal status matters, particularly marriage and divorce.  The appointment of Hana Khatib, a family lawyer, was confirmed unanimously today by Israel's Judicial Appointments Committee.

UPDATE: Haaretz (4/27) has an interesting background piece on the appointment.

In Israel, Retailer Takes Criticism For Catalog Aimed At Ultra-Orthodox Jews

As U.S. law struggles to balance free exercise rights with legal non-discrimination mandates, this story from Israel yesterday demonstrates that new permutations may well arise.  The Forward and Jewish News Online report that the Swedish furniture retailer Ikea is receiving criticism for the catalog its Israeli affiliate distributed hoping to attract Haredi (ultra-Orthodox Jewish) customers.  The catalog contains no photos of women.  Only men and boys in clothing usually worn by religious Jews are shown using Ikea furniture. It is not unusual for Haredi newspapers to exclude photos of women.

Trump Travel Ban Will Not Apply To Israelis Born in Covered Nations

A refinement was announced yesterday to President Trump's Executive Order on entry into the U.S. of nationals of seven Muslim-majority countries.  The modification, which essentially carves out an exception for Jews from those nations now living in Israel, may strengthen arguments of opponents who contend that the Executive Order operates de facto as a "Muslim ban."  The U.S. Embassy in Israel yesterday announced:

Travelers with an existing valid visa in their Israeli passport may travel to the United States, even if they are also a national of or born in one of the seven restricted countries (Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen). Embassy Tel Aviv will continue to process visa applications and issue visas to eligible visa applicants who apply with an Israeli passport, even if born in, or a dual national of, one of the seven restricted countries. Final authorization to enter the United States is always determined at the port of entry.

According to The Forward, some 140,000 Israelis, most older than 65, were born in the 7 countries covered by the travel ban. Around 45,000 were born in Iran and 53,000 were born in Iraq. No doubt almost all of these are Jews who left Arab and Muslim countries in the Middle East to move to Israel. (Background.)

In Israel, A Victory and a Setback For Women's Prayer At Western Wall

In Israel today, proponents of equal rights for women at the Western Wall won a victory in the High Court of Justice. Haaretz reports that the Court ordered an end to special body searches of women suspected of smuggling in Torah scrolls for women to read at the Wall-- a practice strongly opposed by the Orthodox rabbi in charge of the Western Wall space. The decision is in response to a petition to the High Court to allow women to bring in their own Torah scrolls.  It was filed by four women who are members of the split -off "Original Women of the Wall" who want egalitarian prayer in the women's section of the Wall rather than a separate mixed prayer space for men and women that was negotiated by the larger "Women of the Wall" group.  The Court also gave religious authorities 30 days to explain why women cannot pray as they wish in the women's section of the wall, or alternatively to allow them to pray in another area that provides similar proximity to the Western Wall.

Meanwhile The Forward reported Monday that the East Jerusalem Development Authority took down a sign pointing to the existing egalitarian prayer space in the Robinson's Arch area near the Wall after an Orthodox Jewish group complained that it had been put up without a proper permit.

Israeli Former Chief Rabbi Reaches Plea Deal In Bribery Case

Times of Israel reported last week that Israel's former Ashkenazi chief rabbi Yona Metzger has reached a plea deal with Israeli prosecutors.  He will plead guilty to fraud, theft, conspiracy, breach of trust, money laundering, tax offenses and accepting bribes, in exchange for a reduced jail sentence.  Metzger was charged with receiving NIS 10 million ($2.6M (US) at current exchange rates) in bribes, and keeping NIS 7 million for himself. As previously reported, the bribes came, among others, from wealthy businessmen seeking to convert to Judaism, and for other services he performed in his role as Chief Rabbi. Many of the bribes came in the form of donations to non-profit organizations tied to Metzger.

Israeli Rabbi Tells Jewish Students At The Technion To Avoid Christmas Tree

As reported yesterday by Arutz Sheva and Haaretz, in Israel, the rabbi of the renowned university the Technion has created a furor by telling Jewish students that they should not enter the Student Union because of a Christmas tree that is being displayed there. Rabbi Elad Dokow wrote:

The Christmas tree is a religious symbol – not Christian, but even more problematic – pagan. Halakha [Jewish religious law] clearly states that whenever it is possible to circumvent and not pass through a place where there is any kind of idolatry, this must be done. So one should not enter the student union if it's not necessary to do so. 

The Technion-- an over 100-year old research university-- which prides itself on welcoming students of all religions and communities rejected Dokow's views, saying that it is determined to continue being an example of tolerance and coexistence.

Israeli Rabbinate Will Adopt New Standards Likely To Validate Conversion of Ivanka Trump

As previously reported, in Israel in July the country's Supreme Rabbinical Court (which hears appeals in personal status matters) ruled that it will not recognize religious conversions performed by U.S. modern Orthodox Rabbi Haskel Lookstein.  Lookstein is the New York rabbi who officiated in the conversion of Donald Trump's daughter Ivanka. In recent years, the Israeli Rabbinate has become more restrictive in recognizing conversions performed abroad.  Now however it appears that Donald Trump's victory in the U.S. presidential election has even impacted the Israeli Rabbinate.  According to JTA, in separate announcements yesterday both Israel's Ashkenazi and Sephardi chief rabbis announced that they will convene a meeting next week with the Chief Rabbinate Council and the Supreme Rabbinical Court to create standards for determining which rabbis' conversions will be recognized.  Once a rabbi is on the list, his conversions will be automatically recognized without further investigation. Chief Rabbi Yitzhak Yosef suggested that the standards will result in recognition of Ivanka Trump's conversion.

Israel's High Court of Justice Enjoins Appointment of Military Chief Rabbi

Israel's High Court of Justice today issued an injunction temporarily preventing the Israel Defense Forces from appointing Col. Eyal Karim as the IDF's chief rabbi. As reported by Times of Israel, Karim has made very controversial statements in the past regarding rape of enemy women during wartime.  He also has written that women should not serve in the IDF, women should not sing at army events, and if they do religious soldiers should be permitted to leave. Apparently IDF Chief of Staff Lt. Gen. Gadi Eisenkot did not know of Karim's comments when he nominated him for the military's chief rabbi.  Today's temporary injunction is in response to a petition filed with the Court by the left-wing Meretz Party.  The Court has told Karim to file an affidavit on his past and present views on wartime rape and the role of women in the military. Right-wing Knesset members are encouraging Karim to stick with his views, attacking the right of a court to police the religious views of a rabbi.

In Israel, Anti-Noise Bill Aimed At Mosques Falters When Legislators Realize It Also Bars Jewish Sabbath Alerts

The Washington Post reported yesterday that in Israel this week, ultra-Orthodox Jewish government ministers stopped progress in the Knesset (Parliament) on a government-approved bill that would have prevented religious institutions from using loud speakers.  The law was aimed at mosques in which the five-times-per-day calls to prayer are broadcast through loudspeakers attached to the top of minarets.  Jewish Israelis living close to Muslim neighborhoods have complained for years, especially about the early morning calls to prayer that wake them. Arab Israelis had strongly opposed the law, one Arab Knesset member calling it "a populist and racist attempt to incite against the Arab public."  What stopped the bill however was the realization by Orthodox Jewish Knesset members that the bill, written in broad terms, would also outlaw sirens used in Jewish neighborhoods to alert Jews to the start of the Sabbath.

In Israel, Egalitarian Protesters Confront Western Wall Authorities

In Israel today, the conflict between ultra-Orthodox Jewish groups and egalitarian streams of Judaism led to physical clashes at the Western Wall.  Haaretz reports that leaders of the Conservative and Reform movements as well as Women of the Wall broke through security guards and carried Torah scrolls to the Wall in protest of the government's continuing failure to follow through on an agreement to create a separate egalitarian prayer space at the Wall. The group had obtained a permit from police for the demonstration; however the Western Wall Heritage Foundation that controls the area was not informed of this.  Young ultra-Orthodox boys confronted the group with scuffles breaking out. In a statement, Prime Minister Netanyahu's office criticized the protest saying: "unilateral breaches of the status quo in the Kotel harm our attempts to reach a compromise."  But a spokesperson for the protesters said that waiting has yielded no results.

Liberal Jewish Groups Ask Israel's High Court To Order Egalitarian Prayer Space At Western Wall

As reported by YNet News, yesterday groups representing Reform and Conservative Judaism and the group Women of the Wall filed an amended petition with Israel's High Court of Justice asking it to order the government to provide egalitarian prayer space at the Western Wall (Kotel).  After long negotiations a compromise had been approved by the government early this year, but the agreement unraveled after objections from ultra-Orthodox parties in the government. (See prior posting.) A press release from the Israel Movement for Reform and Progressive Judaism describes yesterday's court filing:

The petition ... demands ... [establishment of] a permanent, national praying platform, respectable and accessible, serving as an official and organized part of the Kotel site, and which will regularly hold prayer services with no gender separation.... 

Furthermore, the petition demands ensuring suitable budgets for the building and on-going maintenance of the site in one of two ways – either complete implementation of the government decision to establish an egalitarian platform by Robinson’s arch or the establishment of a third prayer platform in the existing Kotel area (alongside a separate men’s and women’s section).

Furthermore, the petitioners demand that as part of the Kotel Heritage Foundation institutions, proper representation shall be given to the Reform and Conservative Movements and to Women of the Wall, and that the regulation regarding subordination to the Chief Rabbinate hereby be omitted from the Foundation regulations.

[Thanks to Scott Mange for the lead.]

Israel's Supreme Court OK's Sabbath Rail Line Repairs

Yesterday Israel's Supreme Court sitting as the High Court of Justice stepped into the government's political battle over whether planned repairs to the country's commuter rail lines can take place on Saturdays, the Jewish Sabbath.  As reported by JTA, last week, Prime Minister Benjamin Netanyahu canceled permits issued by Transportation Minister (and political rival) Yisrael Katz that allowed the work to proceed on the Sabbath.  Katz's permits led the ultra-Orthodox parties (part of Netanyahu's coalition government) to threaten to bring down the government. Netanyahu's intervention meant that the repair work did not pick up until Saturday night and this led to traffic jams and stranded commuters on Sunday (a workday in Israel).

Following this, a left-wing lawmaker (Meretz party) filed a petition with Israel's Supreme Court seeking to get the Sabbath repairs to move ahead.  As reported by The Forward and Arutz Sheva, yesterday the Court issued an interim order barring Netanyahu from stopping urgent Saturday work.  According to the Court, the Railway Authority has been issued a permit allowing Saturday work during the entire month of September, and only the Labor Minister has authority to revoke the permit.  A special Knesset session to discuss the matter has been postponed until September 19, so that Arab members of the Knesset who will be celebrating Eid Al-Adha the week before will be able to attend.

Israel's Rabbinical Courts Grapple With Unrealistic Marriage Contract Terms

In Israel, an interesting contract question is being increasingly faced by state rabbinical courts that have jurisdiction over divorce actions. Traditional Jewish marriage ceremonies involve the husband signing a ketubah, or Jewish wedding contract.  The traditional form of the ketubah  includes the pledge of a sum of money which must be paid to the wife upon the husband's death or upon divorce. (Background.) Again traditionally the amount was set at "200 zuz" which has been seen as equating to around $750 (US).  However it has become a custom in Israel for grooms to demonstrate their love for their bride by inflating the amount in the ketubah by large multiples.  That is background to this report yesterday from JTA on a request from Jerusalem's regional rabbinical court to the Chief Rabbinate to limit the practice by capping the amount that can be set out in the ketubah to 1 million Israeli shekels ($264,000 US):

The unusual request earlier this month follows a divorce in which a man’s ex-wife demanded he pay her 555,555 shekels — approximately $145,000 — because that was the sum he pledged to pay on his ketubah.... Her ex-husband argued that he made the pledge as a testament of his love and appreciation for her, not thinking it would be legally binding.....  

Many grooms pledge sums they cannot afford, attaching many zeros to the number 18 – which is associated with life because of Jewish numerology – or the 555,555 figure, which is especially popular among Sephardic Jews who believe it is lucky. The custom of reading out the ketubah to the wedding guests adds incentive to name high figures, which the court defined as unrealistic.

The panel of three rabbinical judges ... reviewing the divorce case in question was divided, with one judge ruling in favor of the ex-wife’s demand. But his colleagues were of the opinion that the ex-husband should not be made to pay the full sum[, and] finally awarded the woman the equivalent of $31,600 from her ex-husband, or 120,000 shekels.

Israel's Parliament Enacts Law To Circumvent Court Ruling On Use of Mikvehs By Non-Orthodox Jewish Groups

According to the Jerusalem Post, in Israel on Monday the Knesset (Parliament) passed a controversial law that essentially circumvents an Israeli Supreme Court ruling last February (see prior posting) that opened publicly funded mikvehs  (ritual bath facilities) operated by Orthodox-controlled religious councils for use by the Conservative and Reform Jewish movements for their conversion ceremonies as well as for Orthodox conversions. The new law allows local rabbinates to limit which groups can use public mikveh facilities, essentially assuring that they will only be open to Orthodox Jewish use. At the same time, the government has proposed that the Jewish Agency-- whose funds come largely from private contributions by Jewish communities outside of Israel-- build up to four mikvehs for use by the Reform and Conservative Jewish movements. The new law does not take effect for nine months to provide time for these new mikvehs to be built. The more liberal streams of Judaism doubt whether the construction can take place that quickly. This is part of a broader struggle by non-Orthodox streams of Judaism to gain more official recognition in Israel, and strong Orthodox resistance to those attempts.