Who is a Jew? (Legal Issues)

Israeli law, the Law of Return, traditional and liberal halakhah (Jewish law), all address the “Who is a Jew?” question, and their conclusions have many practical ramifications. Traditional Jewish law stipulates that marrying a non-Jew is forbidden and that the marriage is non-binding.

While some Reform rabbis will officiate at intermarriages, Orthodox, Conservative, and some Reform rabbis will not. In Israel, getting married and being buried in a Jewish cemetery can only be done if the person in question is considered legally Jewish. In order to be counted in a minyan, a prayer quorum, one must be Jewish, and so too if one wants to be called up to the Torah for an aliyah. So who chooses who is a Jew?

Historically, Judaism has held that a Jew is anyone born to a Jewish mother or converted to Judaism in a halakhic manner (that is, according to Jewish law). A halakhic conversion usually means that one is converting out of personal conviction–he or she believes the Torah to be the absolute truth–and has studied Jewish laws and traditions.

After this study period, a convert must be approved by a beit din–a court of observant Jews–and immerse in a mikveh (ritual pool). Men must also receive a circumcision or, if already circumcised, hatafat dam brit (symbolically taking a drop of blood).

In the Conservative movement, conversion is similar to the traditional approach, though not identical. There is a specific course of study for the prospective convert, usually about 18 weeks, conducted in a private or classroom setting. If a Jewish mate is involved, he or she is expected to attend the course as well. Many Conservative rabbis will accept converts who are motivated by marriage, but some abstain from this practice.

The Reform movement encourages those who want to be married to a Jew to convert and the couple is required to attend classes and events together in preparation for the conversion. Prospective converts are paired with mentors within the community who they can look to for guidance leading up to the actual conversion. Many Reform rabbis don’t require an immersion in the mikveh or brit milah for men, instead presenting the rituals as options, and allowing the convert to choose what seems most appropriate.

Did you like this article? MyJewishLearning is a not-for-profit organization.

Please consider making a donation today.

Note: The opinions expressed here are the personal views of the author. All comments on MyJewishLearning.com are moderated. Any comment that is offensive or inappropriate will be removed. Privacy Policy