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. 

Going to Jail for studying Torah

As discussed in this blog on 11th February 2014 (See 'Is studying religion a service to the state?'), partial exemption of ultra-Orthodox/ Haredi students from military draft has become a major issue in Israel. In national elections last year, parties supporting ending or at least reducing this exemption for Haredi made big gains and the ruling coalition was formed only when PM Netanyahu agreed to change the law. But afraid of the religious community, Bibi was not ready to do much until his hand was forced by a Supreme Court ruling that made the compromise Tal law unconstitutional. 

In March 2014, a new law was proposed by the Israeli government. It was a compromise:

The new legislation sets annual quotas for drafting yeshiva students for military or national service, and mandates criminal penalties against draft evaders. However, the law doesn’t entail complete Haredi conscription, instead calling for a gradual annual increase in the number of ultra-Orthodox 18-year-olds drafted, and still allowing for small numbers of exemptions until 2017. (See Israel passes ultra-Orthodox draft law)

The ultra-Orthodox Jews were not happy. They thought that the law was discriminatory as it targeted only them and not other groups who were also exempted from military service (such as Arab-Israelis who were not required to serve). But mainly they were angry that in a Jewish state, Torah study was not being due importance and they would be sent to jail for studying Torah. They even threatened to quit Israel and emigrate to the US etc. to save their religion.

“If this is the Jewish state, it is one that must have Torah at the center,” said Rabbi Mordechai Bloy, an educator of Haredi youth in Bnei Brak, a mostly Orthodox town near Tel Aviv, as he made his way to Jerusalem. “A Torah scholar must not be treated like a drug dealer.”Protesters’ posters carried slogans like “We will all go to jail” and biblical verses like “Save me, I pray, from the hand of my brother,” a plea made by Jacob, who feared that his brother, Esau, might kill him.

The ultra-Orthodox Jews were on the streets to protest the draft law. Around 300,000 of them protested in Jerusalem.

Defenders of the draft law argued that ultra-Orthodox Jews constitute 10% of the Israeli population and their share is increasing as they favor large families, so continued exemption will lead to a total collapse of the military draft system. Even some right wing parties were supporting the bill. Naftali Bennet of Jewish Home party contended that with 30% first grader coming from Haredi (ultra-Orthodox) homes, Israel could not survive unless ultra-Orthodox share the burden (see Ultra-Orthodox Jews Clog Jerusalem Streets to Protest a Draft Bill). 

Source: Israel passes ultra-Orthodox draft law

The issue as one newspaper pointed out is Israel's religious nationalism.

'In a nutshell, the equal burden law represents the deep schism that divides those who see Israel as the national secular Jewish state and those who see Israel as a place where Jews must live, first and foremost, in obedience to God and His Torah. The first are hinging the wellbeing of Israel on democracy and a strong army. The later hinges it on faith in God.' See Orthodox Jews Threaten to Quit Israel Over IDF Draft

The issue is whether Israel was made for Jews or for Judaism?

In the end, the draft law was passed with 67 voting in favor and only one voting against it in the Knesset. The opposition boycotted the vote.