Friday, December 4, 2009

The Eternal Question: Who Is A Jew?

I doubt the question will ever get answered in an entirely satisfactory manner. The most inclusive definition of who's a Jew was Hitler's. But, having him set our standards for who is a Jews is indeed repugnant.

Jews have traditionally agreed that anyone born to a Jewish mother is Jewish. Also, people who convert to Judaism are also accepted as being Jewish. However, as Jewish movements have splintered away from Orthodox Judaism, things have gotten more complicated. The Reform folks, for example, have adopted "patrilineal descent." They have added some conditions; namely, that the person so defined as a Jew, must accept his Jewishness. Also, they require that the person be given some Jewish education. But that has not won the support of non-Reform Jews. This, of course, leaves us with a situation where a person is Jewish for some Jews, but not for others.

Heretofore, this has been a question for Jews. (Others may watch, but not play.) But, now, in England, the game has changed. British law holds that religious schools can give preference to religious, but not ethnic factors. A lower court had ruled that JFS (Jews Free School) could give priority to children understood to be Jewish according to the JFS charter and the chief rabbis. This ruling was, however, overturned by the Court of Appeals, which held that the Jewish school could only use a "faith test" to determine whether a child was Jewish. Ethnicity (matrilineal descent) was not acceptable. A Supreme Court ruling is expected at the end of December 2009.

In the case at hand, a Jewish man had married a Catholic woman, who had converted to Judaism under Reform standards. The parents divorced and the father was now raising his son as a practicing Masorti (Conservative Judaism) Jew. (The Jewish Week, Dec 4, 2009)

Confusing? The mother converted to Reform Judaism, but is no longer in the picture. The boy is being raised in the Conservative Jewish tradition. And, none of this has any bearing from an Orthodox point of view. Into this stew, enters the court, which says, as a British subject, the boy has rights. This includes the right to a religious education. We, the court, find he's Jewish, so, if he meets their academic standards, the JFS must accept him.

That's what happens when Jews can't work out things on their own.

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