Israel’s Debate is not About Reform Conversion: It’s About Orthodox Conversion

Israel’s High Court ruling on Reform Conversion, which caused a stir last week, was practically written and signed five years ago, at the end of March 2016. The 2016 ruling, written by the Chief Justice Miriam Naor, who retired long ago, was about Martina Ragacova, a Czech citizen who came to Israel as a tourist and stayed when her visa expired. While staying illegally, she converted to Judaism. Not through Reform authorities, but instead through Rabbi Karelitz’s Haredi Orthodox Court in Bnei Brak.

That case resulted in a landmark decision. The court ruled that people who converted by private conversion courts must be counted as Jewish when it comes to the Law of Return. Simply put, they become Israeli citizens as Jews. What happened last week, five years later, is nothing but a predetermined end to an old affair. First, the court made a decision concerning an Orthodox private court — now it is a Reform private court.

Anyone who bothered to take an interest in the matter, including Prime Minister Benjamin Netanyahu, knew how the case was going to end. That’s why Netanyahu appointed a committee to preempt the decision, but since his remedy was not accepted, he gave up and surrendered. Let the court decide. Let the politicians criticize the court for a decision they could have easily avoided by accepting a compromise.

In this story, as in many others, the High Court has served in its traditional role as a distraction. A convenient target for frustrated, incompetent politicians. The ruling was written five years ago.

In this story, as in many others, Reform Jews were also a distraction. A convenient target for frustrated, incompetent politicians. The Reform movement wants you to think that it is the main player in this drama — because the little court victory is sweet. But they are not that. They are a minor actor in somebody else’s drama.

The real battle for conversion in Israel takes place between two Orthodox factions. It is a struggle of ultra-Orthodox against Orthodox. A struggle between Zionist religionists and non-Zionist religionists. The Black Hats against the Knitted Kippahs. And it is an interesting struggle that involves two deep, fascinating questions about the nature of Judaism and the role of the Jewish state.

The real battle for conversion in Israel takes place between two Orthodox factions.

On one side are religious Zionists, who see the state as the dawn of redemption. For them, the role of the state means two things. One: adapting a conversion process that serves the political needs of the state. Two: making a state institution, such as the rabbinate, the official conversion body of the state.

On the other side of the ideological barrier are the ultra-Orthodox. They live in Israel, use its resources, love it for what it is but also see it as a direct continuation of the life of exile. For them, Israel is not a sacred state. It is a secular entity that has little to do with what they consider to be Judaism. This means that conversion processes should not accommodate the needs of the state. The kingdom is not a holy kingdom, and its needs do not allow for religious flexibility. Moreover, it is inappropriate to entrust the conversion to a state tool like the Chief Rabbinate.

Simply put, the Knesset cannot agree on a conversion law but not because of the Reform movement. Those who stand in the way of Orthodox politicians are other Orthodox politicians. Knesset Members Naftali Bennett (Zionist Orthodox) and Moshe Gafni (Haredi) cannot agree. But for both of them, it is a matter of convenience to blame the Reform movement and the court for a mess that is completely their own making.

Why the court hastened to legislate now, a mere weeks before Election Day, is a good question but not a dramatic one. The court waited a long time between its real decision in 2016 and this one, the aftermath of the earlier decision. Maybe it got tired of waiting.

In any case, in the ruling, the judges mention the obvious: If the Knesset enacts a new law of conversion, the ruling will not stand. The justices almost beg the Knesset to legislate. But rest assured, it will not. Again, not because of the Reform movement or because of the objections of American Jews. The Knesset will not legislate for the same reason it did not legislate thus far. The Orthodox factions cannot agree on a solution. Any attempt to legislate a strange formula that only Orthodox conversion is allowed will merely replace the question “who is a Jew?” with the question “who is Orthodox?” And again, the court will have no choice but to accept all court conversions, unless the Knesset agrees on one specific license to convert and the institution in charge of such a license. We shouldn’t hold our breath.