In Jewish religious law, a person is Jewish if his mother is Jewish in Jewish law. That's not as confusing as it sounds. Either she was born to a Jewish mother, or she converted in accordance with Jewish law. In other words, Jewishness is genetic. (That, incidentally, is how one can be a Jewish atheist). In fact, the traditional way of assigning Jewish identity is racist: if a Jew says, of a non-Jew, that he has a Yiddishe kop (a Jewish head), that's a tribute to the Gentile's intelligence. If a non-Jew begins talking about "Jewish blood", Jews know it's time to bar the door and close the window shutters before the pogrom begins. But I digress.
There is another definition that requires some explanation but is important to understand in this story. A "bastard" in Jewish law (mamzer) is the child of an adulterous relationship, not born out of wedlock. There are very significant penalties for being a mamzer, one of which is not being allowed to marry anyone but another mamzer for 10 generations.
Back to the story.
Jewish rabbinical courts consist of three rabbis. Women, children and idiots are not allowed to be witnesses. When we applied for an Israeli marriage certificate, we of course submitted the marriage license signed by Rabbi Lipman in Washington DC. However, the Israeli rabbinate keeps lists of American rabbis they deem sufficiently Orthodox, and Rabbi Lipman wasn't an Orthodox rabbi. That in itself wasn't an insurmountable obstacle. Cohabitation can be one of the three ways a woman is "purchased in marriage" (the language is Mishnaic, not mine). But a Jewish marriage has to be between two Jews. Was I a Jew?
Bring your mother to Israel to testify to her Jewishness, the rabbis told me. No way, said I. My mother was undergoing chemotherapy and could not travel. OK, have her make a deposition before a rabbi we accept. I refused this too, because I knew my mother had a very bad conscience about marrying "out" and the last thing I wanted at this time was to increase her emotional problems. Finally, after much consultation, the rabbis decided my two aunts could make depositions, stating that they definitely knew my grandmother to be Jewish, and my mother was indeed their sister. (Trying to explain this to my aunts was a job in itself, since neither was observant. WTF? Of course Bubbie was Jewish! Nevertheless, it was done.)
Then the rabbis dropped the bombshell: how do we know that your first husband was indeed NOT Jewish? Perhaps he was secretly Jewish, and in that case, since you don't have proof of death, you are still married to him, not having received a Bill of Divorcement according to Jewish law! Bring HIS parents--if you can't find him--to Israel to testify that they are goyim!
This was patently impossible. Bernard had never told his parents, from whom he was estranged, that he'd even married me. The rabbis had cause for concern because in Europe there were children who had been saved from the Holocaust with faked baptismal papers, and his mother might have been one. But it was very important because I was now pregnant with my first child, and unless I could prove, to the court's satisfaction, that my first husband had not been Jewish (and therefore my first marriage was not Jewishly valid), I was pregnant with a mamzer, because the second marriage was invalid.
DH didn't understand the implications; he may be a "kosher" Jew, but he's Israeli, and not a Torah scholar. I collapsed in hysterical tears outside the courtroom. Another rabbi hurried over, thinking perhaps we were having a marital dispute, and when I managed to blurt out a bit of the story, he immediately told us to follow him to the offices of the Jerusalem Chief Rabbi. This rabbi was his secretary. I spent over two hours with Rav Zolti (z"l), and the upshot was he gave me a letter to take back to the court which said, in essence, "solve this now".
The rabbis did, in the following manner:
As stated above, a Jewish marriage is the union of two Jews (a man and a woman, incidentally) and must be dissolved according to Jewish law with a "get" or Bill of Divorcement. However, a marriage between a Jew and a non-Jew is not a valid marriage, and no Jewish divorce is required. So, (Talmudic sing-song with waving finger for emphasis is appropriate here) if we cannot prove that Bernard definitely wasn't Jewish, then, the rabbis reasoned, using the "no women, children, or idiots are legal witnesses" cop-out, we can definitely say that Antigonos isn't Jewish because her aunts' testimony is worthless!
So they sent me to be "converted".
It was less of a problem for me than for DH who, if he didn't rabidly hate the rabbinate before, he does now. I recognize the legal fiction, and the need for it, that the rabbis used. They were forced to work within Jewish law, and in its best tradition managed to find a way around what appeared a nearly-insoluble problem. DH just thought the whole thing was a farce. At the end of the day I merely was dunked in a ritual bath and given a piece of paper which I think I've lost over the years (along with my Israeli marriage certificate, which I haven't lost). The rabbis are happy. Now my daughter's getting married, and because I went through this soap opera she isn't having any problems with the rabbis at all. Her Jewishness isn't in doubt.
But every time the stranglehold of the religious authorities in the areas of conversion, marriage and divorce makes the headlines, I feel sympathetic. On the one hand, it is Halacha--literally, "the way in which one walks"--that has kept the Jewish people a coherent unit throughout more than two millennia, in spite of the most ferocious persecutions. On the other, it takes rabbis of real moral stature to be able to have the guts to adapt the Halacha to current conditions. It's just too easy to fall back on the generations of scholars who went before and not allow any innovations out of fear. Right now there are significant numbers of Russians who would formally convert if it wasn't made so difficult; they have Jewish partners and have chosen to leave the FSU and make their lives here, and there are many Ethiopians who consider themselves completely Jewish but whom the rabbis doubt and it is deeply insulting to them. Once again, a bill is in the Knesset for civil marriage, but that will only divide the religious and the secular even more. It is a very difficult problem.
There is another definition that requires some explanation but is important to understand in this story. A "bastard" in Jewish law (mamzer) is the child of an adulterous relationship, not born out of wedlock. There are very significant penalties for being a mamzer, one of which is not being allowed to marry anyone but another mamzer for 10 generations.
Back to the story.
Jewish rabbinical courts consist of three rabbis. Women, children and idiots are not allowed to be witnesses. When we applied for an Israeli marriage certificate, we of course submitted the marriage license signed by Rabbi Lipman in Washington DC. However, the Israeli rabbinate keeps lists of American rabbis they deem sufficiently Orthodox, and Rabbi Lipman wasn't an Orthodox rabbi. That in itself wasn't an insurmountable obstacle. Cohabitation can be one of the three ways a woman is "purchased in marriage" (the language is Mishnaic, not mine). But a Jewish marriage has to be between two Jews. Was I a Jew?
Bring your mother to Israel to testify to her Jewishness, the rabbis told me. No way, said I. My mother was undergoing chemotherapy and could not travel. OK, have her make a deposition before a rabbi we accept. I refused this too, because I knew my mother had a very bad conscience about marrying "out" and the last thing I wanted at this time was to increase her emotional problems. Finally, after much consultation, the rabbis decided my two aunts could make depositions, stating that they definitely knew my grandmother to be Jewish, and my mother was indeed their sister. (Trying to explain this to my aunts was a job in itself, since neither was observant. WTF? Of course Bubbie was Jewish! Nevertheless, it was done.)
Then the rabbis dropped the bombshell: how do we know that your first husband was indeed NOT Jewish? Perhaps he was secretly Jewish, and in that case, since you don't have proof of death, you are still married to him, not having received a Bill of Divorcement according to Jewish law! Bring HIS parents--if you can't find him--to Israel to testify that they are goyim!
This was patently impossible. Bernard had never told his parents, from whom he was estranged, that he'd even married me. The rabbis had cause for concern because in Europe there were children who had been saved from the Holocaust with faked baptismal papers, and his mother might have been one. But it was very important because I was now pregnant with my first child, and unless I could prove, to the court's satisfaction, that my first husband had not been Jewish (and therefore my first marriage was not Jewishly valid), I was pregnant with a mamzer, because the second marriage was invalid.
DH didn't understand the implications; he may be a "kosher" Jew, but he's Israeli, and not a Torah scholar. I collapsed in hysterical tears outside the courtroom. Another rabbi hurried over, thinking perhaps we were having a marital dispute, and when I managed to blurt out a bit of the story, he immediately told us to follow him to the offices of the Jerusalem Chief Rabbi. This rabbi was his secretary. I spent over two hours with Rav Zolti (z"l), and the upshot was he gave me a letter to take back to the court which said, in essence, "solve this now".
The rabbis did, in the following manner:
As stated above, a Jewish marriage is the union of two Jews (a man and a woman, incidentally) and must be dissolved according to Jewish law with a "get" or Bill of Divorcement. However, a marriage between a Jew and a non-Jew is not a valid marriage, and no Jewish divorce is required. So, (Talmudic sing-song with waving finger for emphasis is appropriate here) if we cannot prove that Bernard definitely wasn't Jewish, then, the rabbis reasoned, using the "no women, children, or idiots are legal witnesses" cop-out, we can definitely say that Antigonos isn't Jewish because her aunts' testimony is worthless!
So they sent me to be "converted".
It was less of a problem for me than for DH who, if he didn't rabidly hate the rabbinate before, he does now. I recognize the legal fiction, and the need for it, that the rabbis used. They were forced to work within Jewish law, and in its best tradition managed to find a way around what appeared a nearly-insoluble problem. DH just thought the whole thing was a farce. At the end of the day I merely was dunked in a ritual bath and given a piece of paper which I think I've lost over the years (along with my Israeli marriage certificate, which I haven't lost). The rabbis are happy. Now my daughter's getting married, and because I went through this soap opera she isn't having any problems with the rabbis at all. Her Jewishness isn't in doubt.
But every time the stranglehold of the religious authorities in the areas of conversion, marriage and divorce makes the headlines, I feel sympathetic. On the one hand, it is Halacha--literally, "the way in which one walks"--that has kept the Jewish people a coherent unit throughout more than two millennia, in spite of the most ferocious persecutions. On the other, it takes rabbis of real moral stature to be able to have the guts to adapt the Halacha to current conditions. It's just too easy to fall back on the generations of scholars who went before and not allow any innovations out of fear. Right now there are significant numbers of Russians who would formally convert if it wasn't made so difficult; they have Jewish partners and have chosen to leave the FSU and make their lives here, and there are many Ethiopians who consider themselves completely Jewish but whom the rabbis doubt and it is deeply insulting to them. Once again, a bill is in the Knesset for civil marriage, but that will only divide the religious and the secular even more. It is a very difficult problem.