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Rabbi Jason Miller

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Patrilineal 'Dissent': Solving the Jewish Status Problem

Posted: 07/10/2012 7:24 am

My mother isn't/wasn't Jewish, my father is. I was raised Reform, had a Bat mitzvah, [was Jewishly educated, celebrated holidays, identify as Jewish, participated in the Jewish community, did not participate in or celebrate any other faith or religion,] etc. If I have children with a man recognized as fully Jewish, how would they be seen in the eyes of Israel and the American Jewish community (particularly the Conservative movement)? How stable are Israel's laws around this -- could they change in 10 years? What about Halachah (Jewish law)? I would really appreciate an answer, even if it's not what I want to hear. Thank you!

This is the question I was presented with from the website Jewish Values Online. Over the past few years I have answered dozens of values-based questions from this website. I haven't dodged a single question, and I've attempted to respond to each questioner in a timely fashion. Admittedly, I have procrastinated writing a response to this question for several months.

Why? Because I am a Conservative rabbi and this is perhaps the most challenging question that a Conservative rabbi can be asked in the beginning of the 21st century. My Reform and Orthodox colleagues were able to respond to this question in a much more timely fashion. The Reform rabbi is able to cite his movement's historic 1983 resolution establishing that "if the child is raised exclusively as a Jew and one parent is Jewish, then the child is recognized as a Jew in Reform communities regardless of the gender of the Jewish parent." The Orthodox rabbi frames his answer with words like "difficult" and "painful" but ultimately cites Halacha (Jewish law) as unable to recognize the children (or grandchildren) of a Jewish man and non-Jewish woman as Jews without benefit of conversion.

Like many Conservative rabbis this issue hits home with me. I have a first cousin who, by definition, is not considered Jewish according to Halacha. That means that according to the Conservative Movement's Rabbinical Assembly, of which I'm a member, I am not permitted to officiate at her wedding should she marry an individual deemed Jewish according to Halacha. That marriage would be considered an intermarriage without a formal conversion, and the children of that marriage would not be considered Jewish from a Halachic definition. This cousin has been raised Jewish, attended Hebrew School, became a bat mitzvah in a Reform congregation and considers herself Jewish. To complicate matters, her younger brother underwent a formal conversion in the mikveh after having a bris on the eighth day and is therefore regarded as Jewish according to Halacha. I'm not sure that there could be a more confusing example of the mess that has been created with Jewish identity in the modern American Jewish world.

Before making any recommendations as to how to resolve this issue or how I will respond to the question above, it is important to understand that the Reform Movement's 1983 resolution allowing patrilineal descent didn't create this mess, but it did complicate it further. In the almost 30 years since that decision, there has been much crossover between the Conservative and Reform movements in America. Thus, when the Reform movement issued its resolution (which was in the works for more than 35 years), it might have thought the implications would be wholly positive and would really only impact Reform Jews (the resolution specifies "in Reform communities"). However, that resolution has had negative impacts on both the Conservative and Modern Orthodox movements. The question of "Who's a Jew" has less implications for the Orthodox Jews in America as it is unusual for them to marry outside of their sect. It is when a Modern Orthodox or Conservative young person wants to marry an individual who has been considered Jewish through the Reform movement's notion of patrilineal descent that we are posed with the problem. Jewish young people in these more liberal denominations interact throughout adolescence and the college years in youth groups, summer camps, Israel trips and college Hillels. Additionally, following college Jewish communal organizations like Federation and B'nai Brith do not distinguish between patrilineal Jews and matrilineal Jews at young adult singles' events.

We are now facing head on the inter-denominational challenges that have arisen from the Reform movement's resolution as the children of that era are now of marriage age and having their own children. In response to the question above from the Jewish Values Online website, I would respond as follows:

There is no question that you have been raised in a family that has embraced Judaism, Jewish culture and Jewish values. You have grown up identifying as a Jewish person and because of your father's Jewish heritage, you have a claim to the birthright of the Jewish people. The Reform denomination of Judaism, in which you have affiliated, acknowledges you as a full-fledged member of the Jewish people for all purposes. Should you marry a man who is Jewish through matrilineal descent, it would be advisable that you undergo a formal conversion so there would be no Halachic issues concerning your children's Jewish identity.

Matters surrounding Israel's legal system as it pertains to Jewish identity should not be an issue for you unless you plan to immigrate to Israel and become a citizen. Should that be the case, I would advise you to inquire about those issues at that time and not worry about them now. Like all civil laws, they have the ability to change over time based on Israel's government at the time and the authority and opinion of the Chief Rabbinate.

As you acknowledged, this might not be the answer you want to hear, but at this time it is the reality. A conversion for someone in your situation (raised Jewishly, who identifies as Jewish) is intended to make your Judaism more legitimate from a Halachic perspective. It should not be understood as undermining your religious identity throughout your life. It is a conversion in a different category than an individual becoming Jewish from another religion altogether. Consider it a technicality.

My ultimate goal is to remove such problems in the future so these painful questions don't arise in the future. It is first important to acknowledge that this is a matter full of nuance and the American Jewish community is made up of very different communities who will never agree on most issues. That being said, this issue must be resolved for Jews from the more liberal movements of modern Judaism (Reform, Reconstructionist, Conservative, Modern Orthodox) whose followers are marrying each other and raising families together.

Over the years, there have been several recommendations to fix this matter. Some have suggested mass conversions for all Jewish children before bar or bat mitzvah. Others have recommended that all brides and grooms go to the mikveh as a form of conversion before the wedding to assure Halachic Jewish status.

My proposal is to set a time limit on the status quo. Until the year 2020, matrilineal descent is the only accepted form of passing Jewish status genetically. Jewish individuals who are raised Jewish in a home with a Jewish father and identify as Jewish are to be considered Jewish from a cultural perspective, but must undergo a formal conversion for recognition as Jewish from a Halachic understanding.

After the year 2020, it will be understood that because of modern genetic testing (DNA tests) it is now possible to ascertain patrilineality with complete certainty. Therefore, a Jewish individual with at least one Jewish parent will be considered Jewish from a Halachic perspective for all matters. While the Orthodox will not agree to this, it will not have the same negative implications as the fissure between the Reform and Conservative movements that has existed for the past three decades.

The leaders of the American Jewish community should begin collaborating on such a partnership agreement. Only if we are on the same page on the matter of Jewish status will we be able to seek harmony among the disparate denominations of liberal Judaism. We cannot allow the ultra-Orthodox to dictate the definition of a Jewish individual, but we also cannot allow ourselves to be fractured by our own differing definitions of Jewish status. There has been far too much controversy and pain for this situation to continue unresolved.

Rabbi Jason Miller is an entrepreneurial rabbi and blogger. He is president of Access Computer Technology and blogs at http://blog.rabbijason.com. Become a fan of his on Facebook.

 

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01:07 AM on 07/21/2012
(continued from previous comment) If Reform Jews could tell couples with a non-Jewish mother, "Hey, a conversion for your infant/child isn't required since we accept patrilineal descent, but when your child grows up, (s)he might decide to join a more traditional congregation. We can do a simple, easy, quick conversion that requires minimal effort and your child will be more accepted in the Jewish community. How about it?" If this could somehow become routine, I doubt many couples would turn this down. And the Conservative movement could keep their matrilineal descent since I think most Conservative rabbis either don't see an overwhelming ethical imperative to change it or don't believe that changing something that has been a part of halacha for thousands of years is possible (de oraita or not -- although the Rabbinical Assembly has changed some parts of halacha that were previously seen as unalterable).

Also, I read this article a few months ago about a patrilineal Jew who had to convert since he began attending a Conservative congregation:
http://forward.com/articles/154650/what-would-you-call-me/
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01:06 AM on 07/21/2012
Something about paternity testing to verify uncertain Jewish status just...rubs me the wrong way.
I don't think the author was advocating genetic tests as in *anyone* who might have Jewish ancestry should discover their Jewishness through lab results, as was insinuated by a couple of comments, unless I'm reading them wrong. I think he was just saying that since patrilineal descent can now be ascertained because of genetic testing, we should take advantage of that because the old saying, "maternity is a matter of fact; paternity is a matter of opinion" no longer holds. (This very view, incidentally, may be where the idea of matrilineal descent originated.)

But a better solution would be for the Reform and Conservative (and maybe Modern Orthodox, but that would probably be a stretch) movements to collaborate and nail down some common conversion standards. Already many Conservative communities/rabbis will accept Reform conversions since Reform rabbis are increasingly requiring traditional conversion rituals such as mikvah and milah. Conversion of infants is relatively simple, and if couples in Reform congregations with a non-Jewish mother were gently encouraged (though not required) to convert infants/young children, it would help a lot of kids when they get older to be more accepted by a larger segment of the American Jewish population without having to endure a conversion process during adulthood that they would (justifiably) see as an affront to their Jewish identity. (continued in next comment)
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Allan Richter
07:26 PM on 07/12/2012
“We are now facing head on the inter-denominational challenges that have arisen from the Reform movement's resolution as the children of that era are now of marriage age and having their own children…” (Jason Miller)

The Conservative movements purpose is to “conserve” traditional Judaism. The committee on Law and Standards publish legal opinions (responsa), but they are advisory only. “Standards”, however, are binding on the entire movement. Matrilineal decent is a binding “Standard”. Although the movement is diverse there is a point where ones opinions leave the Conservative movement.

Elliot N. Dorff authored an excellent volume on the range of Conservative legal opinion in general, THE UNFOLDING TRADITION, JEWISH LAW AFTER SINAI.

A person can always convert or affiliate with Reform.

For Gentiles who identify with the Torah and Jewish people, I recommend THE DIVINE CODE, by Rabbi Moshe Weiner.

Torah as well as Rabbinic authority is inclusive of Gentiles. “Praise the Lord, all you nations: extol Him, all you peoples. (Psalm 117). In modern times Gentiles who formally accept the authority of Torah as traditionally expounded have increasingly been organizing Congregations. This volume is an excellent guide for what are traditionally called “B’nei Noah. It has the endorsement of Shlomo Moshe Amar as well as Yona Metzger, Chief Rabbis of Israel.

This is a project of Ask Noah International. www,ask Noah.org
06:09 PM on 07/10/2012
I am sick and tired of hearing the rationalization "ultra-orthodox" to justify deviations from normative Judaism. Orthodox Jews of all varieties agree on this Halachic issue. What, exactly does one suppose the word " orthodox" means? It is not a pejorative, except in the mouths of propagandists. One may, without offense, use the phrase "traditional Judaism" if one is arguing honestly.

David Sternlight, PhD (who has, over 79 years, worshipped in and understood orthodox, conservative, and reform institutions, and is now affiliated with Chabad.)
09:13 AM on 07/10/2012
A completely reasonable solution to an utterly nonsensical and unecessary problem. Judaism is not genetic. It is memetic- that is to say that it is a set of ideas and values. If it truely were genetic, anyone who was decended from abraham would be "jewish." Given the mathematics of the number of generations and the number of direct ancestors, we can be reasonably sure that most people on the planet are descended from abraham.
02:21 PM on 07/10/2012
It's a combination of the two. There are many Jews who do not observe or believe in the Jewish religion -- who do not keep kosher, do not observe Shabbat, do not celebrate holidays, do not pray, do not believe in God. Some such Jews do not even partake in "Jewish" culture -- they don't speak a Jewish language, don't listen to Jewish music, don't read Jewish literature. What, then, makes them Jewish? They are Jewish by birth, because the Jewish People is a people, and a person of Jewish birth is Jewish regardless of their beliefs, knowledge, or practice. The opposite is also true -- just because someone believes in the Jewish religion, knows a lot about it, and practices it, does not mean that they are a Jew. As for your last point, about the mathematics, many, many Jews have left the Jewish People over the millennia by converting to other religions. Many were also killed, and others, because of anti-semitism, have had to hide the fact that they are Jewish. Yes, sure, if nobody ever left the Jewish People, and we weren't systematically murdered over the millenia, then there would be quite a lot more of us today.
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04:02 PM on 07/10/2012
There is no proof of an Abram or Abraham, so it is unlikely that most of us are his descendants. Our common ancestor probably goes much farther back than four or five thousand years.
09:21 AM on 07/11/2012
I understand, but in the same way that most people are genetically related to Ghengis Khan, or anyone with English blood is at least partially related to Henry VIII, the same principle applies here.
 
08:11 AM on 07/10/2012
Isn't conversion the advent of learning and celebrating a Jewish life? If the indiviudal in question has studied and celebrated a bar or bat mitzvah why would that not be enough? The Mikveh element is irrelevant. Having been raised conserva-dox I have yet to enter a mikvah. It has always been about study.

Also genetic lineage? Not all "Jewish genes" show up on a matrix. My understanding is that only the Kohanim or levites are represented so those of us who fall l in the Israelite class would not be allowed to have our patrilineal descended children accepted?

The reality is that according to the Torah to be Jewish you had to have a Jewish mother and to inherit your farming land you had to have a Jewish father descended from a son of Jacob.It was the way to ensure the survival of the Jewish people and to keep the land within the People as well. That is not necessary today. It is time that we accept anyone with one Jewish parent raised in the Jewish religion be accepted as a Jew from any perspective. Ruth only had to tell Naomi that she wants to live among her and go with her to became a Jew and the grandmother of King David.

Personally I am tired of those who think only they have the ear of God and understand what God wants. Intolerance doesn't seem very Godly.
10:17 AM on 07/10/2012
Actually, the Jewishness of a child was always reckoned in the Torah through the faher. Say, if a Jewish woman married an Egyptian, her offspring would be goyim. It was Ezra and Nehemiah who got the whole Matrilineal ball rolling...and there have been misinterpretations of their words, muddying the water. In the end, we must not allow sages, powerfull Rabbinate or even Biblical figures to trump the Holy Torah.
11:52 AM on 07/10/2012
the Rabbis actually get their authority from the Torah itself. "you shall not deviate from the word that they will tell you, right or left" (Deut. 17:11). The written Torah is interpreted and understood alongside the Oral Law, transmitted from Moses through the Prophets and then the Rabbis (eventually written down primarily in the Talmud).
12:19 PM on 07/11/2012
I thank you for your prompt reply. I was product of a Jewish father and gentile mother(may her memory be a blessing). Although I went through formal conversion and Brit HaDam and immersion in the mikveh. Iam a Torah Jew but I also have questions. I understand that the Oral Law is particularly instructive when it comes to what qualifies as malachah on Shaabbat? What are the particulars that are not covered as concerns Shechita? Where I differ is There is nothing murky in the Written Law of Moses as pertains to Patrilineal Descent: Jewishness was passed down through the father only. In this case, I don't believe the Oral Law can fill in any blanks as regards the Torah. PS - The oft-quoted passage in Devarim 7:1-3, The clear emphasis was to keep the sons from marrying idolators, thus, "Turning them away from me..." To use this passage to de-legitimize Patrilineal Descent, so clearly established in the Written Torah, Is a long stretch at best. In finishing, I liken our cleaving to Matrilineal Descent as scientists who have clung dearly to long held beliefs, and when it is pointed out that it is no longer tenable, they dig in deeper. Let's not dig in deeper. Let's recognize their Jewish lineage. Remember, the Pentateuch's view is that the son of a Jewish father is Jewish, the son of a Jewish mother and gentile father a goy.