Who is a Jew?  The Question that Will Not Go Away
Sermon, May 20, 2005
Rabbi Bruce Kadden

A few weeks ago the Israeli Supreme Court issued another significant ruling recognizing conversions to Judaism performed under Reform and Conservative auspices.  The 17 individuals who had brought the case, had studied for conversion in Israel, but completed their conversions outside of the country so that they would be eligible for citizenship under Israel’s Law of Return.

This case was the latest of many that have attempted to answer the question:  “Who is a Jew?”  It is a question faced not just by Israel, but by the Jewish people.  And it is a question that will not seem to go away. 

The traditional answer to this question is that a person is a Jew if his or her mother is Jewish or if one converts to Judaism.  On the surface this seems to be a clear, straightforward answer, but as I am sure you know it is not that clear.

First of all, Reform Judaism has challenged the first criteria, opting instead for what is referred to as patrilineal descent.  This approach says that a child is Jewish if one parent is Jewish and if the child is raised as a Jew.

This position was adopted primarily to support Jewish fathers married to non-Jewish women who wanted to raise their children as Jews.  But it was also adopted because Reform Judaism did not think that biology alone should determine religion. 

Furthermore, Reform has tried to treat men and women equally, so it did not seem right that in this situation there was a difference based upon whether the mother or father was Jewish.

And although the tradition of recognizing a child of a Jewish mother as Jewish goes back to the Talmud, in biblical times it was not the case.  Many of our greatest biblical ancestors married women who were foreigners, yet their children were unquestionably identified as being Jewish.  It is not clear why the rabbis affirmed matrilineal descent, despite the biblical tradition to the opposite, but it likely reflects the fact that –at least until recent developments—one always knew the identity of the mother.

In any case, while Reform Judaism continues to embrace patrilineal descent, Conservative and Orthodox Judaism continue to follow matrilineal descent, which means that there are now many individuals who are recognized as being Jewish by Reform standards, but not by Conservative and Orthodox standards.

And there are some Jews –those whose mothers are Jewish but are not raised Jewish—who are Jewish according to Orthodox and Conservative standards, but not according to the Reform definition.

The “Who is a Jew?” question also affects those who choose to become Jewish.  According to halachah, Jewish law, to become Jewish one must study Judaism, must commit to observing the mitzvot, must appear before a Bet Din, a panel of three rabbis or at least one rabbi and two learned lay people, must go to the mikvah, the ritual bath, and, if male be circumcised or if already circumcised undergo the hatafat dam brit ritual to affirm that the circumcision is now for the purpose of being Jewish.

This process is followed by both Orthodox and Conservative Judaism.  Reform Judaism also follows this procedure, but most Reform rabbis do not require mikvah and circumcision or hatafat dam brit.  Orthodox Judaism will not recognize conversions under Reform or Conservative auspices even if a person chooses to follow the traditional procedures.  From an Orthodox perspective, unless one commits to leading an Orthodox Jewish life, conversion is not acceptable.  Furthermore, non-Orthodox rabbis are not considered capable of assuring that a conversion is done to the appropriate Orthodox standards. 

Conservative Judaism will, however, recognize Reform conversions if they include mikvah and circumcision or hatafat dam brit.  In fact, there is an agreement among the non-Orthodox rabbis who are members of the Washington Council of Rabbis to recognize each other’s conversions when these criteria are met. 

Some have wondered why we all can’t work together so that conversions would be recognized by all branches of Judaism.  Indeed, there were attempts in some communities in the early 1980’s to create a joint conversion process.  In Denver, Colorado and Kansas City, Missouri, some Orthodox rabbis were willing to work with Reform and Conservative rabbis so that those individuals who chose to go through this process would have their conversions recognized across the board. 

However, when pressure was put on the Orthodox rabbis by their colleagues, they ended up pulling out of the agreement which effectively ended the process.  What all of this means, of course, is that there are many individuals who have become Jewish under Reform and Conservative auspices who are not recognized as Jews by the Orthodox.  And any children borne by the women among this group also would not be considered Jewish.

Now, in reality, this situation has little practical import, as for the most part there is little relationship between the Orthodox and non-Orthodox Jewish world.  But from time to time it does happen that someone who considers himself or herself Jewish is told that he or she cannot be considered a Jew.

Fortunately, with regard to making aliyah to Israel, this issue has been resolved, as the Israeli government has accepted all conversions as legitimate for purposes of immigration.  A number of years ago, when the Orthodox political parties tried to emend the Law of Return to only recognize Orthodox conversions, there was such an outcry from Reform and Conservative Jews that they were forced to back down.

Of course, those who do make aliyah are not recognized by the Orthodox rabbinate in Israel, so they are not able to be married in the country, but because the government recognizes their status, they get all the rights of new immigrants.

This latest court case now extends that right to those who are already living in Israel, especially Russian immigrants, who are not Jewish, but want to convert to Judaism.  They are now able to participate in non-Orthodox conversion programs and have their conversions recognized for purposes of immigration.  However, the conversion ceremony itself must still take place outside of Israel, so those who cannot afford to travel abroad cannot complete the process.  Nevertheless, it is a great victory for the Reform and Conservative movements in Israel in their efforts to be recognized by the government.

The question “Who is a Jew?” will not go away because each movement has its own approach to answering the question.  Although it can be personally frustrating for those who are recognized as being Jewish by some, but not by others, it should not have a significant impact.  It is a disagreement that we can live with.

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