LIBERAL JUDAISM and JEWISH IDENTITY

Liberal Judaism in Practice LIBERAL JUDAISM and JEWISH IDENTITY

Rabbi john d rayner

General Principles Judaism is not transmitted genetically Reality is one thing, law another. but culturally and within families The extent to which Judaism is actually through example and influence. transmitted varies infinitely. Therefore The process of transmission is one of in reality, Judaism is a matter of degree. education in the broadest sense, so Law, however, cannot take account that what is transmitted is not merely of all the variations and degrees. knowledge but beliefs and values, Therefore the question “Who is a Jew attitudes and ideals, and above all, a in law?” is not to be identified with the sense of identification and commitment. question “Who is a Jew in reality?” However, it is desirable that the legal The responsibility for transmitting definition should correspond as closely Judaism derives from Sinai. as possible to the real situation. That is from the obligation our The traditional ‘halachic’ definition of ancestors took upon themselves Jewish status is not the only possible when, on behalf of themselves and one. their descendants, they pledged their commitment to their covenant with God In at least one respect the earlier saying “We will do and hear.” (Exodus biblical understanding of Jewish 24:7) identity differed from the later rabbinic one. In modern times there has been The transmission of Judaism is a task occasional conflict between the rabbinic for each successive generation of Jews. definition and the common‑sense view taken by the Israeli Supreme “God established a testimony in Jacob Court in interpreting the ‘Law of and appointed a law in Israel, and Return’. Likewise, Liberal Judaism, commanded our ancestors to teach while generally following the rabbinic their children, that the next generation tradition, has found it necessary might know them, even the children yet to adopt a different policy in some unborn, and arise and tell them to their respects. children, so that they should set their hope in God and not forget the works of God, but keep God’s commandments.” (Psalm 78:5 ff)

Liberal Judaism in Practice LIBERAL JUDAISM and JEWISH IDENTITY

Where Both Parents are Jewish Another possible exception: when Jewish parents raise their child as a The general rule is: where both parents non‑Jew. are Jewish the child is Jewish. Although it would not be practicable, It is based on the assumption that, nor desirable, to investigate in each where both parents are Jewish, they and every case the extent to which will fulfil their responsibility more or Jewish parents have fulfilled their less adequately, and that the cultural responsibility, nevertheless, where it is process of the transmission of Judaism known that, for whatever reason, they will therefore take place. Liberal have neglected it completely, the rabbi Judaism too makes that general to whom a person so brought up applies assumption. But we recognise that may, at his or her discretion, require in some instances it is unfortunately a course of instruction in Judaism, belied by the facts. All the more do we followed by an affirmation of loyalty stress the need to impress on Jewish to Judaism, before acceding to the parents their responsibility to ensure request. that their children receive the best possible Jewish education. A third exception: the apostate. Child of Jewish parents adopted in According to Rabbinic law a Jew who infancy by non‑Jewish parents. converts to another religion retains Although we have no record of such a some but not all the privileges of case, it is obvious that, were it to occur, Jewish status and if he or she wishes no transmission of Judaism would take to become fully reidentified with place. Liberal Judaism therefore takes the Jewish community, is required the view that such a child, if raised in to undergo a ritual of reversion. a religion other than Judaism, should Liberal Judaism takes a similar be regarded as non‑Jewish and able view. In appropriate cases the revert to become Jewish only by conversion, may be required to take a course of though we would naturally encourage re‑education in Judaism, and the act of and facilitate such conversion if the reversion involves a formal renunciation child, when grown up, should sincerely of the apostasy and a declaration of desire it. loyalty to Judaism.

Liberal Judaism in Practice LIBERAL JUDAISM and JEWISH IDENTITY

The general rule is where both parents A non‑Jew who converts to Judaism is are non‑Jewish, the child is non‑Jewish Jewish for all purposes. and can only become Jewish by That has always been the view of conversion. Jewish tradition, which declares it It is based on the assumption that in unethical to remind a proselyte of his such a case no transmission of Judaism or her non‑Jewish past (Mishnah, will take place. Liberal Judaism too B.M. 4:10). There are only two cases in makes that assumption ‑ unless the which Rabbinic law treats a proselyte child is adopted in infancy by Jewish differently from other Jews, in that a parents or converts to Judaism proselyte may marry a mamzer and subsequently. a female proselyte may not marry a kohen. Neither of these exceptions Where Both Parents are applies in Liberal Judaism. We accept Non-Jewish as Jewish for all purposes, without A child adopted in infancy by Jewish exception, any proselyte who can parents is Jewish. produce evidence of conversion by any competent Jewish authority, whether Here Liberal Judaism differs from Progressive, Conservative or Orthodox. rabbinic law, which does not recognise adoption (as affecting status). Liberal Cases of Mixed Parentage Judaism takes the view that in such a case, even though both parents are If only one parent is Jewish, Judaism non‑Jewish, provided that the child is may or may not be transmitted. under seven years old at the time of In the realm of reality, as distinct from the adoption, the cultural influence law, this is not a matter of opinion of the adoptive parents is the decisive but of fact. It can happen, and it does one, and accordingly regard the child happen, regardless of whether the as Jewish without need of conversion. father or mother is the Jewish parent, Liberal Judaism’s Rabbinic Board does, that such a child is raised as a Jew, and however, issue a special certificate of it can happen, and does happen, that Jewish status in such cases, and we such a child is raised as a non‑Jew. urge the adoptive parents to apply for it Therefore to make the status of such a as soon as possible after the adoption. child entirely dependent on that of one parent or the other involves a degree of

Liberal Judaism in Practice LIBERAL JUDAISM and JEWISH IDENTITY

arbitrariness and allows a gap to arise Rabbinic Judaism, and remains so in between reality and law. Orthodox Judaism today.

In biblical times the father was the The matrilineal principle is determining factor. unsatisfactory for three reasons. At least, such evidence as the Bible First, it is unreasonable and unjust affords implies so. For instance, that the child of a Jewish mother and Rehoboam, son of King Solomon, was a non‑Jewish father should be treated considered Jewish enough to sit on as Jewish even if raised as a non‑Jew the throne of Judah even though his and that in the converse case he or she mother, Naamah, was a Moabitess (I should be treated as a non‑Jew even if Kings 14:21) and there is no indication raised as a Jew. Secondly, it allows a that she converted to Judaism (as a Jewish woman who marries a non‑Jew matter of fact, formal conversion to to believe that her children will be Judaism did not exist in biblical times). Jewish automatically and therefore Likewise, Ahaziah and Jehoram, sons fails to impress on her the need to of Ahab, became kings of Israel even make a special effort to ensure that though their mother was the notoriously her children, who have a non‑Jewish pagan Phoenician Jezebel (I Kings 22: father, receive an effective Jewish 52, II Kings 3:1). education. Thirdly, it tells a Jewish man who marries a non‑Jewess that his In Rabbinic times the mother became children will never be Jewish unless the determining factor. they convert to Judaism when grown up (Orthodox Judaism generally disallows This change from patrilineality to the conversion of minors) and therefore matrilineality is first mentioned in fails to encourage him to raise his the Mishnah (Kiddushin 12:3) and children as Jews. ‘justified’ in the Gemara (Kiddushin 68b) by an artificial interpretation of In view of the current high rate of mixed a scriptural verse (Deuteronomy 7:3). marriages these objections are grave. The reason for it is not clear. However, for some purposes, for example, the In the United Kingdom the current rate transmission of the status of a kohen for mixed marriages contracted by Jews or a levite, the patrilineal principle is greater than one‑in‑three; in some has always been the operative one in countries it is even higher. In these

Liberal Judaism in Practice LIBERAL JUDAISM and JEWISH IDENTITY

circumstances it is a matter of utmost child is in doubt (safek) since it importance that everything possible may or may not be raised as a Jew. be done to maximise the chances that (b) However, Liberal Judaism the children of such marriages will does everything in its power to identify with the Jewish community. encourage the parents to raise Liberal Judaism has encouraged such a their child as a Jew, to give a development for many years by making formal undertaking to that effect upbringing and identification, rather and have a baby‑naming ceremony than paternity or maternity alone, the in the synagogue. A declaration decisive factor in the determination of intent on the part of the of the status of children of mixed parents makes the child Jewish marriages. Accordingly the child of a by presumption (chazakah) and Jewish father and a non‑Jewish mother entitles the child to be treated is regarded as Jewish, without need as Jewish in the same way as all of conversion, if brought up as a Jew, other Jewish children. We hope whereas the child of a Jewish mother that parents will carry out their and a non-Jewish father, if brought up undertaking by giving their child a in another religion or identifying with a good Jewish education, including religion other than Judaism, is regarded Bar Mitzvah or Bat Mitzvah and as non‑Jewish and able to become Kabbalat Torah (Confirmation). Jewish only by conversion. (c) At that stage, when the young The policy of Liberal Judaism is to person can confirm his or her give patrilineality the same weight as own identification, Jewish status matrilineality in the determination of becomes definitive (vaddai); a Jewish status. certificate to that effect will be issued by our Rabbinic Board on In this it is at one with the Reform and request. Reconstructionist movements in the U.S.A. All cases are dealt with according to their individual circumstances. For a child of mixed parentage the process of becoming Jewish involves For instance, an adult with one Jewish three stages. and one non‑Jewish parent who has not gone through the process described (a) At birth, the future status of the

Liberal Judaism in Practice LIBERAL JUDAISM and JEWISH IDENTITY

in the preceding paragraph, but who Summary has nevertheless identified with the Liberal Judaism defines a Jew as Jewish community over a considerable a person who ‑ in any one of three period of time, may wish to formalise possible ways ‑ has become heir to the his or her Jewish status. Such a person Jewish heritage and the responsibility would be invited to take whatever which that fact entails: course of Jewish instruction was deemed necessary, and then to make (a) by having been born of two Jewish an affirmation, in synagogue, of his or parents and therefore brought up her identification with the Jewish faith as a Jew; and people. A certificate would then be (b) by having been born of only one issued if desired. Jewish parent, father or mother, but brought up as a Jew or having If the non‑Jewish parent converts to affirmed their Jewish status as Judaism during the child’s infancy the above; child is considered Jewish thereafter. (c) by having been admitted into For this purpose we mean by ‘infancy’ membership of the Jewish the period before the child has reached community as a proselyte. the age of education (chinnuch) which we define as seven. Since the child will have had, in effect, two Jewish parents The detailed application of that general from such an early age, we regard it definition is determined from time to as Jewish, regardless of whether the time by the Rabbinic Conference of father or the mother was the Jewish Liberal Judaism, and any query should parent at the time of its birth. In such be addressed in the first instance to the a case the Rabbinic Board will, on rabbi of the nearest Liberal Judaism request, issue a certificate of Jewish synagogue. status on behalf of the child.

Liberal Judaism in Practice LIBERAL JUDAISM and JEWISH IDENTITY

Others in this series include: Liberal Jewish Values Ageing Liberal Jewish Values Animal Welfare Liberal Jewish Values Biblical Criticism Liberal Jewish Values The Environment Liberal Jewish Values Genetic Research Liberal Jewish Values Miracles Liberal Jewish Values Zionism and Israel Liberal Judaism in Practice Death and Mourning Liberal Judaism in Practice Homosexuality Liberal Judaism in Practice Jewish Marriage Liberal Judaism in Practice Kashrut Liberal Judaism in Practice The Role of Women

Liberal Judaism The Montagu Centre 21 Maple Street London W1T 4BE T: 020 7580 1663 F: 020 7631 9838 One of a series of pamphlets by the E: [email protected] Rabbinic Conference of Liberal Judaism W: www.liberaljudaism.org