Israel's Shirat Hayam registry: Making it easier to decide who is Jewish and who is not

Isreali Chief Rabbinate issues certificates to hotels. restaurants and other food outlets confirming that kosher food is being sold there. The Rabbinate does not issue a kashrut certificate to a place where a non-Jew has unmediated access to food preparation. This policy restricts non-Jews' employment in the large service industry.  Recently, the policy was made more strict as now non-Jews cannot even serve food in establishments having the Rabbinate certificate. This, of course, means problems for thousands of people who have emigrated to Israel as Jews but are not recognized as Jews by the Israeli Rabbinate.

The bigger problem, according to Seth Farber, is, however, the two-year old Shirat Hayam registry of the Rabbinate which will check employees data and ensure that only Jews are employed in food establishments with their certificate. Following is an excerpt from the article (read the whole article Big Brother and the Rabbinate): 

In the context of the Knesset hearing, the question of “how do you know someone is Jewish” was put to the Religious Affairs Ministry. Unabashedly, the representative of the Carmiel (where some 40% of the population are immigrants from the FSU [former Sovet Union]) religious council said that the prospective worker is asked to present his or her identity number and then it is run against the “Shirat Hayam” national marriage registry. “The worker isn’t spoken to,” said the representative.

“The regulations say that the person with authority to look at this information” is charged with checking if the worker is Jewish. If someone isn’t certified by the rabbinate as Jewish, the establishment may be denied a kashrut certificate.

The Shirat Hayam registry is a relatively new phenomenon. It has only been in use for about two years, and was meant to ease the registration process for couples whose parents were married in Israel by making their parents’ ketubot, or Jewish marriage contracts, accessible. This in turn would allow the rabbinate to register couples for marriage without them having to produce additional paperwork (letters of Jewishness, etc).

But what is abundantly clear is that the Shirat Hayam registry – which by plan will be adopted by all of the local religious councils within the coming year or two – is essentially a tool meant to track everyone’s status. 

What’s even worse is that the information in the Shirat Hayam system extends well beyond whether you are registered as a Jew. It also identifies whether there was ever a conversion, divorce or adoption in your family, whether questions related to your personal status have ever been raised by a rabbinical court, or whether you have ever been married before. And all of this information is available to a clerk, who – going unchecked – is using it for purposes that you never agreed to or that were never intended. Indeed, Big Brother is here and he is sitting at the desk of your local religious council.
The evidence provided by the testimony in the Knesset highlights the fact that the rabbinate has launched a campaign to weed out anyone who has struggled to prove his or her Jewishness (and perhaps those who haven’t yet bothered). The information in the system is already – after two years – being abused, and it’s clear that this is only the beginning.

Databases which contain personal information about all of us are dangerous in the hands of criminals, but they might even be more dangerous in the hands of ideologues who believe that it is acceptable to use the information to advance their agenda. I’m worried about people stealing our personal information from the rabbinate’s database, but I’m even more worried about those who have access to it already.

The most intriguing part of 1984 and the fact that “Big Brother is watching” is that everyone goes about their business as if this is a good thing for society.

A Kashrut Certificate

Source: High Court strikes a blow to Chief Rabbinate's Kashrut-licensing monopoly

One would tend to agree with Seth Farber (that registry is a bigger problem) also because the Israeli  Supreme Court decided in September 2017 to allow other organizations to issue its own certificates about food preparation according to Jewish laws(though not Kashrut certificates which can still only be issued by the Chief Rabbinate). So, the authority of the Rabbinate on food establishments has decreased a bit (See  High Court strikes a blow to Chief Rabbinate's Kashrut-licensing monopoly).

Western Wall Prayer Controversy in Israel

Whenever states have tried to implement religious laws/rules in modern times, they have faced challenges. Two of these challenges are particularly intractable. First, while translating a religious regulation into law, the state has to prioritize one interpretation over others, which increases sectarianism. Second, as most of the dominant religious interpretations are patriarchal, the state has to either go against these interpretations or trample over women rights. Israel is facing both these complications while trying to administer the praying at the Western Wall of Temple Mount in Jerusalem. 

The Western Wall is the last remnant of the retaining wall of the Second Jewish Holy Temple on Temple Mount that was destroyed by the Romans in 70 C.E. The Second Holy Temple existed between 530 BCE and 70 CE. This six centuries period is called the Second Temple Period. The First Holy Temple was built by King/Prophet Solomon (reign 970-931 BCE) and was destroyed by the Babylonian King Nebuchadnezzar in 587 BCE, standing for more than four centuries. According to the Jewish religious tradition, the Third Holy Temple will be built soon at the same place (Temple Mount) where the first two temples existed and the construction is linked to the End of Times/Messianic age. 

Due to Western Wall's connection with the Second Holy Temple, it is considered the holiest spots where Jews can pray. It has been the most revered Jewish pilgrimage place for centuries. According to the Israeli government, more than 10 million people visit the Western Wall (called Kotel) annually. Since coming under Israel’s control after 1967 War, the Temple Mount Area has been carefully managed so as to lessen contact between Jews and Muslims, who also consider Temple Mount a sacred spot. The Kotel area/prayer arrangements are administered by an authority, which is under the control of ultra-Orthodox Jewry, as Israeli state does not recognize other Jewish traditions. So, while Jews from other traditions (Conservative, Reform, etc.) can pray at the Wall, they have to follow the rules based on ultra-Orthodox tradition. Some of the particularly controversial provisions of this tradition are the refusal to allow a mixed-gender space, women praying as a group, women wearing a prayer shawl (tallit) or women reading from a Torah scroll at the Kotel. Currently, these actions may lead to physical and verbal abuse by the ultra-Orthodox as well as arrest, fine or jail sentence by the state. Women groups and Jews from other traditions have been protesting against the ultra-Orthodox monopoly on Kotel for decades. 

Women of the Wall (WOW), formed in 1998, is an organization working to increase women rights of prayer at the Kotel. It has been appealing to state and courts to end discrimination at the Kotel. It filed its first case in Supreme Court of Israel in 1991. After several delays, wins and losses, the issue is still not settled. The WOW continued to pray together and aloud while ultra-Orthodox continued to harass and abuse them. However, WOW were not reading directly from the Torah. In 2104, WOW smuggled a tiny Torah and read from it. In April 2015, one of the men handed them one of the 300 full-sized Torahs, which are only available to men, and women started reading from it. Violence broke out as ultra-Orthodox (Haredi) men entered the women section and tried to physically take Torah away.  Police stopped them but in May locked the gates to prevent women from having Torahs again (See Women of the Wall). To resolve the deteriorating situation Israeli government formed an advisory team. On the recommendations of this team, in January 2016, the Israeli government created a permanent and separate area - an egalitarian prayer space - where ultra-Orthodox rules would not be applicable.

The approved area will be a 900-square-meter section that will be built to replace the temporary platform that was set up in the Southern area of the Western Wall next to Robinson’s Arch some two years ago. The permanent structure will be much larger and will be built with a multi level structure.  In addition, the entrance to the new area will be accessed by a common entrance that will include entrance to the traditional gender-segregated prayer areas already existing.  The new prayer section will also enjoy equal visibility. The "upper plaza" situated outside the official prayer areas will no longer be under the same control as the Western Wall as a result of this new agreement and, as a result, official national ceremonies will take place in which  men and women will now be able to sit together and women can sing. (See Prayer arrangements at the Western Wall (Israeli Ministry of Foreign Affairs)

The WOW, international Jewry, Reform and Conservative movements were happy with this compromise but ultra-Orthodox public and political parties were not. They are accusing WOW of being more interested in political posturing and deliberate provocation than in religion (See Western Wall rabbi: Women desecrating site by bringing in Torah and The Western Wall Is No Place for Political Posturing). Meir Porush, a member of the ultra-Orthodox United Torah Judaism party said that the Women of the Wall to be “sent to the dogs.” He was reprimanded by the Knesset Ethics Committee for his statement (See Knesset Ethics Committee reprimands Haredi MK for the biblical insult to Women of the Wall). 

Source: The Times of Israel (AFP/GALI TIBBON)

The Israeli Chief Rabbinate Council, which is also controlled by the ultra-Orthodox, also leapt into the fray and has forbidden the government from implementing the compromise recommendations:

The council demands that the government of Israel suspend the decision until such a time that it fulfills the obligation to hold a consultation with the Chief Rabbinate, in accordance with the law. It grants a foothold in the holy place to a group that has for years uprooted Zion and Jerusalem from their prayer book, and which publicly declares that they do not view the Torah of Israel as unique and do not believe in the fundamentals of the Jewish faith, one of whose foundations is ‘This is the Torah, it will not be replaced.’ This is a serious matter. The Land of Israel is outraged by the introduction of alien things into the holy place. (See Chief Rabbinate: Israel Must Suspend New Western Wall Prayer Arrangements) 

As ultra-Orthodox parties are part of the current ruling coalition, they enjoy enormous power. They were not happy with the compromise and eventually forced Prime Minister Netanyahu to rethink. In March 2016, he announced that bureau chief to revisit the compromise deal given his ultra-Orthodox partners’ objections. This change of stance, of course, did not go well with the WOW and Reform and Conservative Jews and they have decided to file an appeal in the Supreme Court (See Pluralist groups warn government over foot-dragging on Western Wall deal. So stay tuned for more controversy. 

Iran and Israel: Changing Places?

Being two states based on religious nationalism and also critical for world peace and economy, Israel and Iran have been focus of this blog. So, it is fascinating to read a comparison of these two states. 

Two academics, one Iranian and the other Israeli, from the prestigious Stanford University have penned a wonderful op-ed in New York Times Sunday Review (See Are Iran and Israel trading places?). They argue that Iran and Israel are trading places in terms of religious nationalism, democracy, human rights and international acceptance. Iran is now considered undemocratic, authoritarian, radically religious nationalist and international pariah while Israel is considered democratic, liberal and is internationally accepted. Soon, however, Iran can become today's Israel and Israel today's Iran, if Israelis and Iranians do not change their current trajectories. 

Message of the authors is clear. While Israelis should change their trajectory, Iranians should stick to it.

After first listing the similarities between Iran and Israel (old civilizations; primarily non-Arab states in a mostly Arab region; and bastions of secular nationalism in the 1950s), Milani and Waismel-Manorapril contend that a critical cultural and demographic shift is happening and Israelis and Iranians are changing both inside their countries and outside. 

Iranian intellectuals, previously supporting religious authoritarianism, are now voicing their dissent against the regime. The argument that democracy and human rights are against Islam has been rejected. The patriarchal society established by the ruling elite, disproportionately old and male, has been challenged by Iranian women, who make up almost two-third of country’s science and engineering graduates. Gender apartheid has failed and Iranian women are asserting themselves. Birthrate in Iran is falling. Most of the Iranians are under thirty and believe in individual liberty. The rise of Mr. Rouhani and the current pragmatism is the consequence of these major changes. So, expect more pragmatism, democracy and better relations with the West. These trends inside Iran are supported by Iranian diaspora that is strong, liberal and increasingly successful.

Milani and Waismel-Manorapril then contrast this situation with Israel. While Iranian elite are moving toward West/US, Israeli elite are increasingly antagonistic as seen by their recent statements. These changes are again based on an underlying cultural and demographic shift. Orthodox Jews are gradually controlling the state that was once more liberal. Demographically, they have grown much faster as their average birthrate of 6.5 children per family is much more than the 2.6 children per family for the rest of Israelis. This change has obvious political consequences. Orthodox Jewish parties hold about around one-fourth of Knesset seats. They want to make Israel less democratic and more Jewish, with not many rights for its Arab population. Most of them are also against any agreement with the Palestinians and support settlements. Their support has been critical for continued expansion of settlements and rejection of any real peace deal. Internationally, these Israeli policies have led to increasingly strong support for the boycotts, divestment and sanctions (BDS) campaign against Israeli companies and institutions, an existential threat to Israel. Jewish diaspora is also changing and is becoming less religious and less uncritically pro-Israel. European and American Jews are mostly liberal and have difficulty accepting Israel's attitude toward Palestinians and its refusal to end occupation.

While I agree with much of Milani and Waismel-Manorapril's argument, there are few observations I want to make:

• Both Israel and Iran were not bastion of secularism in 1950s. Muhammad Reza Shah was for modernization but if secularism means separation of religion from politics, Shah clearly didn't want secularism. He used to pray at religious shrines; tell stories about how he had dreams in which he met Shia Imams; used to seek supplications from Tehran's prayer leader before going to foreign visits; and had no problems with the ascendancy of Shia sect. While his father (Reza Shah)'s regime can be called a 'bastion of secularism', his cannot. 
• Israel was even less of a bastion of secularism. Although, it was ruled by secular Jews, Judaism had a special place in Israel from the start. Israel's national anthem, language and flag and more particularly establishment of Chief Rabbinate clearly showed a tendency against secularism. Interestingly, it was in the 1950s that religious courts established their control over matters of marriage and divorce in Israel. So, while both countries have become more religious, they were not secular in 1950s.
• It is true that Iranians want a more liberal and open society but do they want a Western society? There is a difference and it should be recognized. Iranians maybe against their ruling clerics but they are also strongly nationalistic and this nationalism is largely based on West's injustice and its efforts to control Iran since 1850s. Therefore, expect better Iranian relations with the West but if Iranian felt they are being unjustly humiliated (again), then all bets are off. The recent refusal of the US government that it would not give visa to Iran's designated ambassador to the UN is one example how things can go the 'other' way.