New Article: McGonigle & Herman, DNA Testing and the Israeli Law of Return

McGonigle, Ian V., and Lauren W. Herman. “Genetic Citizenship: DNA Testing and the Israeli Law of Return.” Journal of Law and the Biosciences (early view; online first).

 

URL: http://dx.doi.org/10.1093/jlb/lsv027

 

Abstract

The Israeli State recently announced that it may begin to use genetic tests to determine whether potential immigrants are Jewish or not. This development would demand a rethinking of Israeli law on the issue of the definition of Jewishness. In this article, we discuss the historical and legal context of secular and religious definitions of Jewishness and rights to immigration in the State of Israel. We give a brief overview of different ways in which genes have been regarded as Jewish, and we discuss the relationship between this new use of genetics and the society with which it is co-produced. In conclusion, we raise several questions about future potential impacts of Jewish genetics on Israeli law and society.

New Article: Edrei, Identity, Politics and Halakhah in Modern Israel

Edrei, Arye. “Identity, Politics and Halakhah in Modern Israel.” Journal of Modern Jewish Studies 14.1 (2015): 109-25.

 

URL: http://www.tandfonline.com/doi/abs/10.1080/14725886.2015.1007608

 

Abstract

The fierce debate over conversion to Judaism raging in Israel today has been fuelled by the Israeli Law of Return and the resulting immigration of large numbers of non-Jews to Israel from the Soviet Union. It has precedents, however, in earlier rabbinic literature. This paper traces the conversion debate from its Talmudic origins, through the nineteenth century halakhic polemic, to the present day. It demonstrates how the processes of secularization and nationalism that have affected the Jewish community have impacted on a changing balance in the roles of religion and nationalism in the definition of “who is a Jew” and “who is a convert?” It also shows how halakhic rulings are affected by social changes and how the ideologies of halakhic authorities impact their decisions.

New Article: Burton, Israeli Marriage Law and Identity in the Jewish State

Burton, Elise K. “An Assimilating Majority?: Israeli Marriage Law and Identity in the Jewish State.” Journal of Jewish Identities 8.1 (2015): 73-94.

 

URL: http://muse.jhu.edu/journals/journal_of_jewish_identities/v008/8.1.burton.html

 

Excerpt

The concept of assimilation in Israel, and its discursive attachment to intermarriage, is haunted by its origins in a historical context pre-dating the Israeli state, in which many Jews could hardly imagine a society in which they represented the majority culture. Israeli Jews are still inundated with collective memories of being a persecuted minority, most prominently during the Holocaust. Eli Ben Dahan, the deputy minister of Religious Affairs, explained his reference to the Malka-Mansour wedding as part of the “silent Holocaust” by claiming that Israel is the only country in the world in which “ha-peruzah ha-yehudit” (the Jewish diaspora) is increasing rather than decreasing, because in Israel there are no mixed (read: civil) marriages. Echoing the assumptions of early Zionist intellectuals such as Ruppin and Zollschan, Ben Dahan prophesied, “if we allow mixed marriages [here], we would cause the Jewish people to become diminished in Israel as well.”

But the “diaspora” logic favoring the religious marriage system is clearly counterproductive for the preservation of the Jewish people if one considers op-ed headlines like “Israel Forced Morel to Convert to Islam.” Kamir, author of this op-ed, rebukes her fellow Israelis: “The conversion of Morel to Islam is a reminder to all that have not understood: the connection between religion and state in Israel… is the same thing that pushes Jews to renounce their Jewish identity.”  In terms of the Zionist ethno-religious nationalism that underpins the social infrastructure of the Israeli state, Malka and Mansour “are not two citizens permitted to enter a marriage agreement, but [like] a bird and a fish—two species that do not intermingle.” In order to marry, Malka was thus compelled to change her identity and join her husband’s religious community. The solution, Kamir suggests, is “a little more freedom and trust in humanity, and a little less existential Holocaust anxiety,” which would allow Israeli Jews of both sexes to make decisions according to their individual conscience.

Put more bluntly, the Israeli state’s embrace of halakha to adjudicate both an individual’s “authentic” Jewish status with regard to their eligible marriage partners is, in actuality, the force that “diminishes the Jewish people” within Israel. Despite the fearmongering and racialized discourses of assimilation and intermarriage that demonize attempts to introduce civil marriage in Israel, the absence of civil marriage primarily inhibits the integration of self-identified Jews who do not satisfy the Chief Rabbinate’s definition of Jewish identity. Ultimately, Israeli discourse against intermarriage is marshaled to defend and promote the interests of small constituencies of practicing Orthodox and right-wing ethnic nationalists, whose political influence is already completely out of proportion to their representation in the Israeli population. But its effects are more far-reaching and damaging than its immediate political implications because its claims offer such a narrow reading of what it means to be authentically Jewish. As a result, Israeli citizens are compelled to interpret their Jewish identity in terms of whether they are descendants of a “truly” Jewish matriline. Jewish women additionally carry the burden of sacrificing not only their own, but also their children’s, legal Jewish identity if they choose to marry a non-Jew, thus engaging in “assimilation,” regardless of their individual relationships to Judaism and Jewishness. Zionism’s call for a Jewish nation-state, which in turn requires discrete definitions of Jewishness to implement and enforce a national legal system, has therefore precluded the possibility and acceptance of more diverse conceptualizations of authentically Jewish marriages and lives.

New Article: Rürup, Zionist and Israeli Responses to Statelessness

Rürup, Miriam. “The Citizen and its Other: Zionist and Israeli Responses to Statelessness.” Leo Baeck Institute Yearbook 59 (2014): 37-52.

 

URL: http://leobaeck.oxfordjournals.org/content/59/1/37.extract

 

Abstract

In the early post-war years, the DP camps worked toward shaping the “Zionist citizen” before a Zionist state existed. Israeli legislation defining who would and should belong to that new state of Israel considered membership of the Israeli nation as the fulfilment of Jewish history. Israeli citizenship was opened to all Jews worldwide. The concept of non-territory-bound belonging persisted and became trans-territorial. The humanitarian basis for introducing the Law of Return eventually led to a trans-territorial notion of Israeli citizenship for Jews worldwide. In a sense, not statelessness was overcome, but the link between the territorially based nation state and citizenship was erased. From a traditional perspective, the Jewish collective was never defined by territoriality, but by spirituality and ethnicity – which is what the Law of Return expresses. It defines the state of Israel both internally, as a Jewish state, and externally, by its inclusive character for Jews worldwide. If there is an irony to be observed here, it would be that, in many respects, the Law of Return validates the diaspora instead of negating it.

Cite: Charm, Newly Found Jews and the Politics of Recognition

Charm, Stuart Z. “Newly Found Jews and the Politics of Recognition.” Journal of the American Academy of Religion 80.2 (2012): 387-410.

URL: http://www.ingentaconnect.com/content/oup/jaarel/2012/00000080/00000002/art00004

Abstract

In the latter half of the twentieth century, tribal groups throughout Africa and Asia who regard themselves as Jews, such as the Abayudaya of South Africa and the Mizo of northern India and Burma, sought the recognition of their Jewishness by established Jewish communities in Israel and the United States. This process of recognition reflects different understandings of Jewish identity and different political agendas among the various Jewish groups who have become involved with advocacy for newly found Jews. For Israeli Jewish organizations, recognition is based on a more essentialist view of Jewishness and is oriented toward socializing newly found Jews toward Orthodox Judaism and preparation for immigration to Israel. Newer American Jewish organizations reflect greater denominational diversity and a more postmodern understanding of Jewishness as fluid and open-ended. They treat recognition as part of a commitment to Jewish diversity and multiculturalism, with less attention to traditional normative definitions of Jewish identity.

Cite: Elias and Kemp, Non-Jewish Olim, Black Jews and Children of Migrant Workers in Israel

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Elias, Nelly and Adriana Kemp. "The New Second Generation: Non-Jewish Olim, Black Jews and Children of Migrant Workers in Israel." Israel Studies 15,1 (2010): 73-94.

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Abstract

This article offers an overview of the empirical research on the new second generations in the Israeli setting, while highlighting the sociological problématique emerging from the data. It summarizes key empirical findings on the second generation of immigrants from the Former Soviet Union, Ethiopia, and children of migrant workers, and it introduces new variables and theoretical angles that have recently emerged within the Israeli context of immigration, such as transnationalism and inequalities based on race, nationality, religion, and citizenship. We argue that by introducing these analytic parameters, the Israeli research agenda on immigrants’ second generation should expand beyond replication of the questions applied toward the massive immigration waves of the 1950s.

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URL: http://inscribe.iupress.org/doi/abs/10.2979/ISR.2010.15.1.73

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Keywords: Labor Migrants / Ovdim Zarim, Aliyah / Immigration to Israel, Racism, Law of Return / חוק השבות, Russian Immigrants / FSU Immigrants, Ethiopian Immigrants, Ethnic Divide, Jewish Identity, Israel: Religion, Who is a Jew / מיהו יהודי