Mihu Yehudi

This is a problematic issue in Israeli law that has sparked many controversies over the years and has been at the center of Chabad's struggle for many years.

The question of who is a Jew - who can be registered in the population registry as Jewish and be entitled to aliyah rights granted by the Law of Return to Jews - has not been resolved since the establishment of the state. The common practice generally aligned with Jewish halacha, which has determined who is a Jew throughout the generations. In 1958, when the Minister of Interior sought to change this, controversy arose and the final decision was to continue following halacha, as established in the Interior Ministry regulations. In 1970, following attempts by the Supreme Court to undermine and register non-Jews as Jews, the "Who is a Jew" clause was added to the Law of Return, stating that a Jew is "one who was born to a Jewish mother or converted, and is not a member of another religion." The word "converted according to halacha" was deliberately omitted from this clause, opening the door to fake "conversions" such as Reform and similar ones.

The Law of Return that allows registration of non-Jews as Jews was called by the Rebbe "a decree unprecedented in the history of our people Israel." The Rebbe launched an intense and prolonged struggle to cancel the decree by adding the word "according to halacha" to the law. For many years, the Rebbe repeatedly raised this issue and explained that the law is:

Absurd from a human perspective - since the Knesset has no authority to determine who is a Jew, and worse, to lie to a non-Jew and tell them they are Jewish
Extremely serious from a Jewish perspective - since this law is the only one whose entire essence is open rebellion against Hashem and Torah, therefore constituting an unparalleled chilul Hashem
Dangerous from a practical perspective - since it breaches the wholeness of the nation and increases intermarriage

Many other organizations, rabbis and Jewish communities joined the Rebbe's struggle. The Committee for the Wholeness of the Nation, established with the Rebbe's encouragement and supported by him (but not identified with Chabad, per his instruction), played a major role in the struggle. Practically, the struggle did not bear fruit and to date all Knesset votes to amend the law have failed; however, it contributed greatly to public awareness about the danger of assimilation in the Holy Land.

The Law of Return

With the establishment of the State of Israel, the government needed to determine the definition of a Jew in relation to several laws where this issue has implications: the Law of Return, population registry, and religious affiliation regarding jurisdiction of religious courts in matters of marriage and divorce. The Law of Return was enacted when the state was established, determining that every Jew has the right to make aliyah and receive citizenship, but when legislated it did not clearly define who would be considered Jewish. Each government body defined who is a Jew in its own way, mainly depending on the Interior Minister and his officials.

Setting Interior Ministry Guidelines

In 1958, controversy over "Who is a Jew" first arose when Interior Minister Israel Bar-Yehuda instructed to register anyone who declares they are Jewish as "Jewish." This caused an uproar and the National Religious Party decided to leave the coalition as a result. Then-Prime Minister David Ben-Gurion, seeing the necessity to resolve this question, turned to fifty "Sages of Israel" - whom he defined as such according to his own view - to express their opinion regarding the definition of Jewish identity in the State of Israel. Out of 59 who were asked, 46 responded, and the vast majority - 37 respondents, including those far from observing mitzvos - proposed supporting the halachic definition.

Among those asked was the Rebbe, who answered in part:

"My opinion is absolutely clear, in accordance with Torah and tradition accepted for generations, that in such matters a verbal declaration about wanting to be registered as Jewish has no validity, and this declaration has no power to change reality.

According to Torah and the tradition of generations that exists and lives until today - a Jew, or - in different style but equal content - belongs to the nation of Israel, is only one who was born to a Jewish mother or a convert who converted in a precise manner of conversion, whose details of conversion procedure are explained in the books of halachic rulings of our nation Israel from generation to generation until the Shulchan Aruch..."

In a letter to the London rabbis, who were among those asked, the Rebbe wrote that the question should be answered and not ignored. In a letter to Zalman Shazar, who was close to both the Rebbe and Ben-Gurion, the Rebbe asked to inquire what Ben-Gurion's response was to the matters.

Following the responses, Interior Ministry regulations established the procedure to register as Jewish "one who was born to a Jewish mother and is not a member of another religion, or one who converted according to halacha."

The Bagatz Shalit Case and the Amendment to the Law of Return

In 1969, a Jewish man named Benjamin Shalit, who was married to a non-Jewish woman, petitioned the Israeli Supreme Court to register his children as Jews after Ministry of Interior officials refused to do so. The Supreme Court heard the case with an expanded panel of nine judges. Four of them rejected his claim and believed that Jewish status should be determined solely by halacha; however, by a majority of five votes, the petition was accepted and it was determined that his children should be registered as Jews. Some of the majority judges wrote in their opinions that they were not ruling on the question of "Who is a Jew," and their ruling only pertained to the registration issue.

The Knesset's Response and Legislative Amendment

The Supreme Court ruling created a storm in the Knesset and government, and it was decided to legally define who is a Jew. The National Religious Party (Mafdal) sought to legislate the definition that had been practiced until then in the Interior Ministry guidelines, which aligned with halacha, while some in the ruling Mapai party opposed this. As a compromise, the following wording was established: "One who was born to a Jewish mother or has converted, and is not a member of another religion" - omitting the words "converted according to halacha." Justice Minister Yaakov Shimshon Shapira from Mapai explained the omission: "We know there are Liberals, Conservatives, and Reform of all types and kinds who perform conversions. Therefore, I don't want to establish halachot and am not authorized to establish halachot, so we say that whoever comes with a conversion certificate from any Jewish community, as long as they are not a member of another religion, will be accepted as Jewish."

It was also agreed as part of the compromise to add the "grandchild clause," which would allow non-Jews who are grandchildren of an assimilated Jew to make aliyah.

Implementation and Opposition

This law was enacted on 11th Adar II 5730 (1970), with Mafdal's support and opposition from the Charedi parties. Knesset member Menachem Porush attacked the recognition of Reform "conversions" in his speech, and during his remarks against the Reform movement, presented a Reform "siddur" in which prayers regarding redemption, Eretz Yisroel, and Yerushalayim were omitted, and threw it on the floor, causing an uproar. Later, the Rebbe thanked Porush for his action, but was pained that he apologized following the attacks against him.

Rabbinic Response and Political Aftermath

The Chief Rabbinate Council of Israel gathered to discuss the law and its implications, and in their assembly on 29th Iyar passed a series of resolutions, including prohibiting the registration of non-Jews who didn't convert according to halacha as Jews, the obligation to work to amend the law, and prohibiting religious representatives from participating in the government until the law was amended. Despite this, Mafdal, which saw itself as subordinate to the Chief Rabbinate, continued to sit in the government, and the Interior Minister, whose ministry was responsible for registering non-Jews as Jews, was a religious minister from the party. The Rebbe sharply criticized Mafdal's disobedience to the Rabbinate.

Attempts to Amend the Law

On 1st Av 5732 (1972), Charedi Knesset member Shlomo Lorincz submitted a proposal to amend the law, based partly on the Rebbe's words on the matter. The Rebbe's secretariat gave instructions to Chabad activists in Israel to gather broad support in the Knesset for the vote, but ultimately the vote failed and the law did not advance. The Mafdal party abstained from supporting the law, despite the directive of Chief Rabbi Isser Yehuda Unterman, something the Rebbe viewed very seriously. Knesset member Avner Chai Shaki, unlike his colleagues in Mafdal, supported the law despite pressure against him. He paid a heavy price and was fired from the party and government, where he served as Deputy Minister of Education. The Rebbe greatly encouraged him, both publicly and through a personal messenger, and promised him he would return to even greater prominence. From then on, a close connection developed between Shaki and the Rebbe. He had several private audiences (yechidus) with the Rebbe and received support from the Rebbe for a comprehensive book he published regarding the "Who is a Jew" issue.

In the coalition agreement to form the government after the 5734 (1974) elections, it was agreed to amend the law, but Prime Minister Yitzchak Rabin did not fulfill the agreement and Mafdal did not insist on it. From then on, the issue was promised again and again when governments were formed by various prime ministers to the religious and Charedi parties, but the promise was never fulfilled and the parties didn't push for it either.

On 1st Tevet 5737 (1976), Lorincz again proposed to amend the law, and the proposal failed.

After the elections in Iyar 5737 (1977), with the establishment of the first right-wing government under Menachem Begin, a more favorable situation for amending the law emerged, since the Charedi party Agudat Yisrael also joined the government, and the Prime Minister himself supported amending the law. The coalition agreements stated that one of the coalition's Knesset members would submit a private member's bill to amend the law, and Prime Minister Begin would try to secure a majority for it. However, in practice, coalition Knesset members did not submit the law, and when opposition Knesset member Kalman Kahana submitted the law, it did not pass the Constitution, Law and Justice Committee.

After the 5741 (1981) elections, it was again established in the coalition agreements that the law would be amended. It took a long time until late in the Knesset's winter session of 5743 (1983), when Knesset member Rabbi Avraham Yosef Shapira brought a vote to amend the law at the initiative of the Gerrer Rebbe, Rabbi Simcha Bunim Alter, with the aim of presenting the amendment as a gift for the Rebbe's birthday on 11th Nissan. 50 voted for the amendment and 58 against, and the vote failed.

Two weeks before Rabbi Nachum Trebnik's passing, on 19th Elul 5743 (1983), Menachem Begin unexpectedly resigned as Prime Minister. Rabbi Trebnik felt that an opportunity had arisen to again condition support for the government on amending the 'Who is a Jew' law, and began a renewed campaign on the issue. Immediately upon learning of the resignation, he sent an urgent telegram to the religious Knesset members: "After six years of unfulfilled personal promises, an opportunity has now been given to insist on a clear and unequivocal commitment to amend the 'Who is a Jew' law." A few days before his passing, he wrote a sharp article regarding everyone's obligation to act for the law's amendment.

Additional proposed laws to amend the law were brought to vote on 26th Shevat 5746 (1986) and 29th Sivan 5748 (1988), and failed.

The Struggle to Amend the Law

On Purim 5730 (1970), several days after the law was enacted in the Knesset, the Rebbe addressed it publicly for the first time, and attacked the law at great length. The Rebbe explained at length the absurdity of the law, its dangers, and responded to the claims of the law's supporters.

The Rebbe began efforts with Knesset members, and wrote that the main reason the law wasn't amended was for political reasons. The Rebbe tried to influence the press to publish about the matter because: "I received news that the initiators of the said decree seized the opportunity to silence public opinion through general silence on this issue." The Rebbe argued that "Jewish" is a halachic concept and therefore "Who is a Jew" must be decided according to halacha, and not allow the Knesset and Supreme Court to decide on the matter, especially since it had already been decided in Ben-Gurion's survey that conversion is done only according to halacha, and until Shalit's claim it was clear to everyone what conversion was, and the issue only resurfaces for political reasons.

On 27th Tishrei 5731 (1970), a conference was held on the subject with hundreds of Anash participating. Among the participants were [list of rabbonim provided in the original text].

In 5732 (1972), 32 gedolei hador (great Torah leaders of the generation) signed a letter of protest against the law. The Rebbe in a subsequent talk cried about the fact that getting 32 rabbis to sign was called a "religious achievement," when it should have been something routine.

On 24th Tevet 5743 (1983), a massive rally for amending the law was held at Binyanei HaUma in Jerusalem, led by the Gerrer Rebbe, the Lev Simcha. The rally expenses were split equally between the Rebbe's secretariat and the Gerrer Rebbe's fund, and throughout the gathering the Rebbe was immediately updated about every rabbi who entered the hall, showing satisfaction. The rally was attended by, among others, the Erlauer Rebbe Rabbi Yochanan Sofer, the Gerrer Rebbe at that time Rabbi Simcha Bunim Alter, the Rosh Yeshiva of Sfas Emes at the time and later Gerrer Rebbe Rabbi Pinchas Menachem Alter, the Slonimer Rebbe, and others.

In Cheshvan 5744 (1983), the "Million Signature" petition began, initiated by the Committee for the Completeness of the Nation, which gathered about a million signatures from Israeli residents to create pressure on Prime Minister Yitzchak Shamir to amend the law.

At the end of the signature collection, the Prime Minister refused to meet a delegation from the Committee and receive the signatures himself. Much pressure was applied, but nothing helped. One evening the Committee members sat in a meeting, feeling quite discouraged. They knew the Rebbe had inquired about the matter just two days before and didn't know what to do. Then R' Zushe Wilimovsky said: "If the Rebbe said so, we must press on." His determination moved them to approach the Prime Minister's office again, and surprisingly, this time there was a positive response.

They arrived at the Prime Minister's office in the Knesset, Mr. Shamir received them and told them to transfer the signatures to his office in the Government Complex. The signatures were transferred, and the petition signing campaign came to its proper conclusion.

The Committee for the Wholeness of the Nation

An expanded committee - The Committee for the Wholeness of the Nation - was established to concentrate and formulate actions that would lead to amending the law. Rabbi Yehuda Feldi served as the committee chairman. Shortly after his passing, the Rebbe appointed Rabbi Nachum Trabnik to take his place. After Rabbi Trabnik's passing, Rabbi Shmuel Chefer was appointed as head of the committee.

Cessation of the Struggle

In a sicha from 24 Teves 5749, the Rebbe spoke about the role of shluchim regarding matters of Eretz Yisroel, which was understood at the time to refer mainly to the "Who is a Jew" issue. Among other things, the Rebbe said:

"Since recently there have been several confusions and attempts to drag the shluchim to act in various matters which are inherently good things, but should be done in Eretz Hakodesh and the like - this is the place to remind and emphasize that they should not engage in this, as it is not relevant to fulfilling their individual shlichus, each in their place, which should be their main focus...

Special emphasis regarding Yidden who are in chutz l'aretz, especially the shluchim - they need to know that they have a shlichus in the place where they are, and specifically because they are in chutz l'aretz - on the contrary, specifically in chutz l'aretz they need to do more regarding matters of Yiddishkeit.

Through this conduct, they will prevent from the outset the loss of much time that has already been lost due to discussions that are not relevant at all, as there is no place for involvement in matters of Eretz Hakodesh by those who are currently in chutz l'aretz, and especially since most do not plan to travel to Eretz Hakodesh, not even for a visit, and in any case - they do not intend to change their place of shlichus for an extended period and settle in Eretz Hakodesh. They should have mercy on themselves and request mercy from their surroundings not to interfere with fulfilling the shlichus of 'making a dwelling place for Him below.'

And most importantly, this request should be spread to every shliach and all shluchim including those in Eretz Hakodesh itself, as most have nothing to do with these discussions they are being dragged into - especially most of Am Yisroel who are in chutz l'aretz... They should immediately cease from discussions in anything not relevant to fulfilling the shlichus of each and every Jew in their place - spreading Yiddishkeit, and regarding Jews in the United States (where most Jews live and where we are), and to try as much as possible to increase in spreading Yiddishkeit - first and foremost in the United States, where they are located."

— Sicha of 24 Teves 5749

During that period, coalition negotiations were taking place between Agudas Yisroel and Mr. Yitzchak Shamir with Chabad rabbonim involved. When the sicha to the shluchim was published, some thought the Rebbe wanted them to completely stop acting on the issue and not make it a condition for joining Shamir's government, but the Rebbe rejected this and instructed Rabbi Yitzchok Yehuda Holtzman, secretary of the Committee for the Wholeness of the Nation, to continue demanding this.

In several holy responses written by the Rebbe in the period close to the sicha, the Rebbe expressed his dissatisfaction with the actions on the issue until now, particularly of the shluchim. In a response to Rabbi Yaakov Yehuda Hecht from 8 Teves 5749, the Rebbe wrote:

"To my astonishment (mixed with great pain), Chabad askanim and he among them - are giving their lives to make the impression everywhere possible that 'Who is a Jew' is a problem of extremist Orthodox, and they add explanation that they mean Lubavitch and not all of Lubavitch etc. The results they caused are understood. From my saying 'giyur k'halacha' - they blurred and then concealed that this is not my opinion but rather an announcement that everyone should look in a certain sefer (written 400 years ago) and copy for themselves what is written there. Anyone who emphasizes that a man sitting in Brooklyn says etc. - invites a sword in so-and-so's hand."

In a response to Rabbi Shmuel Menachem Mendel Butman from mid-Tammuz 5749, the Rebbe wrote:

(Already published) This is what I said - not to enter into discussions on matters where the other side's intention is only to increase the fire of machloikes etc.
And obviously regarding the shluchim - this is opposite to their manner of shlichus.
If the other side says they only want to clarify the truth - send them references in Shulchan Aruch and the like.
I already said (and it was published) - that practically it's not relevant at all - as this is about a law and conduct of 40 years in Eretz Hakodesh.
But there are those who want to insert more machloikes into it.
And whoever participates in these discussions - assists them.
All the above is simple.
And apparently it's time since then - that Chabad askanim should speak among themselves and there's no necessity to involve me in this.
And it's urgent.

Similar content was written by the Rebbe in early Shevat 5749 in response to one of the shluchim in Montreal, Canada who reported on his activities regarding "Who is a Jew" and his public speeches about it:

"I spoke at length - Agudas Chassidei Chabad and Chabad askanim should gather to seriously discuss what and when to continue with all this. And great examination is needed as to what compels him in all this to immediately give speeches and the like, as this could be interpreted as the opinion of all Chabad!!"

On 26 Menachem Av 5750, the Rebbe wrote to the widow of the chairman of the Committee for the Wholeness of the Nation, R' Chaim Yehuda Feldi, about the committee's activities from this time forward:

"After the recent law regarding Who is a Jew - this is a law of the entire country and at its head the 'Chief Rabbinate', and from here on the aforementioned committee should publicize that from now on the committee's role is to stand guard that the above fulfill their obligations etc."

Some say that in that same year, Rabbi Aharon Dov Halperin received explicit instruction from the Rebbe to stop writing about the matter in the Kfar Chabad weekly magazine.

The Rebbe's Approach to Amending the Law

The Rebbe's response to a woman who wrote about her brother planning to marry someone who underwent non-halachic Reform conversion, noting that she and her husband did not want to attend the wedding: "Since this is forbidden according to Shulchan Aruch - it's understood that they should act according to Shulchan Aruch."

The Rebbe saw this law as a major obstacle and called it: "The most terrible decree that has never been seen before." As he explained: "The terrible decree, a decree unprecedented in the history of our people Israel, soaked in blood, fire and pillars of smoke, various and strange decrees, yet through all this, no man or woman among the nations dared to nullify the very existence of the Jewish people by declaring that anyone who brings a piece of paper stating they are Jewish, is considered Jewish."

The Rebbe explained that this law's severity far exceeded other anti-Torah laws enacted in the State of Israel. Other laws had apparent benefits for which they were enacted (medical necessity in autopsies, lifesaving through Shabbos work, etc.), so they weren't open rebellion against halacha. The only law enacted as open rebellion against halacha was the "Who is a Jew" law, hence its unique severity.

The Rebbe requested that this issue be raised at every gathering until the law was amended, and even said painfully: "I thought to myself, since I demanded that the 'Who is a Jew' issue be discussed at every opportunity, how would there be something new to discuss each time, as one cannot simply repeat old points. But now we see this was needless worry, as not a day goes by without new issues and arguments arising..." He also demanded that Knesset members open every Knesset session with protest about Who is a Jew.

The Rebbe also opposed any compromise on the issue, saying that compromising on "Who is a Jew" was like compromising to cut off one's head.

Among other things, the Rebbe stated he would fight on Who is a Jew until Moshiach comes.

In mid-Iyar 5730, Rebbetzin Chaya Mushka told secretary Rabbi Binyamin Klein that the Rebbe was physically weakened from the Who is a Jew issue.

Arguments Against the Law

First, the Rebbe rejected the very legitimacy of enacting such a law, because Judaism and conversion are halachic matters over which the Knesset has no authority, just as the Knesset has no authority to decide surgeries for patients or weapons for the army. This matter becomes even more absurd when non-Jewish Knesset members participate in determining "Who is a Jew."

The Rebbe rejected the concept of "Reform conversion," as the very essence of Reform is "change," and their conversion has no meaning.

Since the law is based on recognition of false conversions, and through it they deceive the non-Jew by telling them they are Jewish, it cannot endure. The non-Jew doesn't want to be deceived, and when the deception is revealed, it will increase their hatred toward Israel.

Dangers Resulting from the Law

Beyond the inherent severity and chilul Hashem of the law, the Rebbe pointed to its practical implications - the immediate introduction of non-Jews into the Jewish people following the law. As he wrote:

"My fundamental approach to the entire problem is that every single day, improper conversions are being performed, both in Israel and abroad, and after a short time, I fear it will be impossible to verify how they were converted, as all certificates look the same."

From a letter dated 5 Cheshvan 5731

The Rebbe's Warning About Non-Jewish Registration and Spiritual Protection

The Rebbe warned that no one is immune to the infiltration of non-Jews who would register as Jews, and cried out in pain about a "Rosh Yeshiva" who saw no need to participate in the fight against this gezeirah - that he should know that in his own yeshiva there was a non-Jewish bachur, and he might be discussing divrei Torah with him and eventually help him get married, without knowing he is not Jewish. The Rebbe related that such incidents occurred in several yeshivos.

In 1971, the "Vienna Conversions" issue erupted - many Russian emigrants, including potential olim to Eretz Yisrael, had gathered in Vienna. The Sochnut representatives enticed them to accept fictitious conversion certificates, when the person in charge of the conversion system was not authorized for this, and no proper giyur was conducted as required by halacha. The Chief Rabbinate of Israel published a letter against these conversions, and dozens of rabbanim signed a protest against them. The Rebbe fought against this matter. The battle bore fruit and the location was closed. Similar places that served as "factories" for fictitious conversions were also closed following these battles.

The Rebbe explained that the proliferation of non-Jews from various nations settling among Bnei Yisrael under the protection of the law could lead to security dangers.

The Rebbe also addressed the spiritual dangers coming from Shamayim due to not fixing the law:

On Lag B'Omer 1970, during a speech at the parade and continuing at the farbrengen, the Rebbe spoke about how this law causes severe danger to the security of Jews in Eretz HaKodesh and to bloodshed. The Rebbe determined that Soviet intervention in Israel's security matters came as a result of mixing non-Jews with Am Yisrael, and spoke about the frightening terror attack that occurred then in Avivim, where 12 Jews, mostly children, were murdered, saying it was a result from Shamayim because of the law. These words caused a great public storm in Eretz Yisrael, and Prime Minister Golda Meir protested during a Knesset session. The Rebbe addressed this at the farbrengen of Shabbos Parshas Beha'aloscha, saying: "Just as we are now in Shabbos Parshas Beha'aloscha, at a time of raava d'kol raavin - so I see without doubt that the reason for intervention from Egypt or Russia is because Jews themselves 'invited' them, by allowing non-Jews to enter Eretz Yisrael; they are inviting the terrorist to enter Eretz Yisrael!"

Even after the Ma'alot terror attack, where 28 Jews including 22 children were murdered, the Rebbe connected this to the breach in the "Who is a Jew" law. The Rebbe explained that this doesn't mean that those who don't fix the law caused such a punishment, chas v'shalom, but rather that there is spiritual protection over Am Yisrael, and when there is a breach in guarding the boundaries of Am Yisrael, this automatically causes a breach in security protection, thus becoming exposed to danger from terrorists - just as one who doesn't wear a helmet is at risk, not because of the lack of a helmet, but because he has no protection and remains exposed to danger.

Additional Events

In 2005, several petitions were submitted to the Supreme Court requesting recognition of Reform conversions. In 2018, Prime Minister Benjamin Netanyahu appointed Minister Moshe Nissim to handle these conversions. In 2020, Knesset Member Bezalel Smotrich proposed an amendment to the Law of Return to cancel the grandchild clause, which allows a person who has Jewish grandparents to make aliyah as a Jew, which had led to many non-Jews immigrating and causing widespread assimilation in the land.

In 2021, the Supreme Court ruled definitively to recognize Reform and Conservative conversions for the Law of Return, which led to numerous condemnations from Chabad and prominent public figures.