Roughly two months after the expiration of the mandate of both of Israel’s chief rabbis, their acting replacement is also out of a title as of Monday, along with the rest of the Chief Rabbinate Council.
The result of a political power struggle between the Rabbinate and the High Court of Justice over women’s representation and the clergy’s independence, this development may affect kosher certification and several other areas of life in Israel unless it’s addressed soon, according to both critics and advocates of the Rabbinate.
Beyond its practical implications, the temporary breakdown within the Chief Rabbinate underlines growing tensions between an interventionist judiciary that critics say is excessively liberal, and state-employed clerics who opponents say are too rigid and inattentive to the needs of the public.
On Monday, the government submitted a bill that would extend the mandate of the Chief Rabbinate’s Council, the Rabbinate’s governing body, until Dec. 31. Separately, elections for chief rabbis are scheduled to be held this month.
The Council lost its legal mandate because of the rabbinate’s refusal to hold elections under the terms dictated in January by the High Court of Justice. Ruling on a petition by a feminist group, the court cited equality grounds in ordering the Rabbinate to consider appointing women to an elections-related position that the Rabbinate designates for rabbis only. Women cannot serve as rabbis in Orthodox Judaism.
The Rabbinate declined to hold elections under those terms, leading to the expiration of the mandate of the Sephardic and Ashkenazi chief rabbis on July 1 without successors. The court appeared to back down from this demand, facilitating the scheduling of elections for later this month. Meanwhile, though, the mandate of the Council, whose makeup is also determined in the elections, expired on Sept. 16, voiding the authority of its chair from continuing to fulfill the duties of the chief rabbis.
The bill extending the Council’s mandate will ensure the saga’s resolution, Yehuda Avidan, the director-general of the Religious Services Ministry, told JNS on Tuesday. He blamed the “overzealous court” for the impasse and added that the Rabbinate’s handling of the situation blocked judicial encroachment without compromising people in need of the institution’s services.
At stake are important areas of life entrusted to the Rabbinate, which in Israel is a state organ. It regulates kosher certification, conversion to Judaism and family and marital issues for Jews through the rabbinical court system, which is part of the judiciary and functions as a family court.
Kosher meat certification will not be affected because certification crews are already overseeing the production abroad (Israel imports most of its meat), according to a source within the Rabbinate. The crews will complete their missions, and the Council will have regained its mandate by the time they return, the source assured JNS.
Ritual circumcision, or milah, as well as divorces and marriages, are handled by religious councils, which are local municipal branches of the Rabbinate, the source added. The expiration of the Council’s mandate does not affect the local branches’ work but it does prevent the appointment of new staff, according to the source.
“In essence, you have a small gap that will be resolved quickly and remain unnoticeable to those who rely on the Rabbinate’s services,” said Avidan.
Rabbi Seth Farber, founder of the Jerusalem-based ITIM nonprofit, which has been a longtime critic of the Rabbinate, said in a statement that the crisis “shows we need a profound change in the religious establishment so it would be better connected and more diverse, but we have to begin by making it compliant to the law.”
Avidan dismissed Farber’s criticism and defended the decision not to hold elections in the Chief Rabbinate under terms dictated by the court.
“It was a classic slippery slope. The court’s demand that women be appointed to a position reserved for rabbis would have created a precedent that before long would lead to new demands to appoint women city rabbis and ultimately women chief rabbis. We value women and respect them but this does not comply with Jewish tradition, whose preservation the Rabbinate is entrusted to maintain,” Avidan told JNS.
The Rabbinate this month agreed to hold elections on Sept. 29 in Jerusalem. The decision to hold elections followed a High Court of Justice ruling on Aug. 8 that effectively lifted the court’s previous requirement that women be considered to serve under the title of “rabbi” on the Chief Rabbinate’s electing assembly of 150 people.
In the context of a 1980 law regulating the Chief Rabbinate’s work, the designation of “rabbi” may apply also to women versed in Jewish law, the court ruled in January. The Rabbinate must therefore consider appointing women to a category of 10 rabbis whom chief rabbis may by law appoint to the electing assembly, according to the ruling. Its Aug. 8 ruling cleared the path for scrapping the entire category of 10 appointed rabbis and allowed an election with only 140 delegates.
Half of the remaining 140 delegates comprise 70 municipal rabbis affiliated with the Chief Rabbinate, who are all men. The other half is made up of delegates who are not rabbis, including mayors, lawmakers, cabinet ministers, and other public representatives, some of whom are women.
“The court eventually realized it could not coerce the Rabbinate to declare women as rabbis or consider them for rabbinical positions, opening the road to an election. Better late than never,” said Avidan.
