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Q&A: The Law of Return

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This is an English translation (via GPT-5.4). Read the original Hebrew version.

The Law of Return

Question

Good evening!
Today there was an article about the grandchild clause, and what mainly bothered me was the demagoguery around the issue. Maybe the Rabbi could write an article about it?
I think this is the most important issue currently on the table! If we don’t come to our senses, in the future we’ll find ourselves in a situation where, just as is being discussed in places in Europe, here too it will be forbidden to perform circumcision or maintain kosher standards!!
What also bothers me is why they don’t bring up arguments beyond religion, such as the fact that there is no country in the world that you can simply enter freely. It harms the economy and housing and more—why don’t they bring up those arguments?

Answer

They don’t bring up those arguments because they aren’t relevant to the discussion. The discussion is not whether to allow everyone to enter. The discussion is who is a Jew.

Discussion on Answer

Sitra Achra (2023-01-26)

Rabbi Michi, I’d still be curious to hear your opinion about canceling the grandchild clause. As I understand it, canceling it would lead to a ridiculous discrimination in which, for example, a grandchild whose only Jewish grandparent is his maternal grandmother would be allowed to immigrate, since according to Jewish law he is Jewish, even though genetically he is only 1/8 Jewish; whereas a grandchild whose only non-Jewish grandparent is his maternal grandmother would not be allowed to immigrate, even though genetically he is 7/8 Jewish. It also seems likely that the grandchild in the second case would have a stronger Jewish identity than the grandchild in the first case.

Michi (2023-01-26)

Personally, I prefer a halakhic criterion for Jewish identity. I also think other criteria won’t hold water—they’ll leak away and disappear. But that is only if most of the public agrees to it. Otherwise, the public can decide that it wants a national-external criterion, or to give up on Jewishness altogether, and that is entirely legitimate.
The absurdity you point to assumes a genetic criterion, but Jewish law does not operate according to genetics, so there is no paradox here. For example, an adopted son can be considered more of a son than a biological son who was given up for adoption. That too is absurd from a genetic perspective.

Sitra Achra (2023-01-26)

Rabbi Michi, I’d still be glad to hear your opinion on canceling the grandchild clause. As I understand it, canceling it would lead to ridiculous results (and also immoral ones) in which, for example, a grandchild whose only Jewish grandmother is on his mother’s side would be eligible to immigrate, since halakhically he is Jewish even though genetically he is only 1/8 such, whereas a grandchild whose maternal grandmother alone is not Jewish would not be eligible even though he is 7/8 Jewish. It also seems likely that in the second case the grandchild would have a stronger Jewish identity than the grandchild in the second case.

Michi (2023-01-26)

And we haven’t even talked about a convert versus someone who is 7/8 Jewish. That is the halakhic equivalent of adoption.

Sitra Achra (2023-01-26)

Rabbi Michi, I’d still be glad to hear your opinion on canceling the grandchild clause. As I understand it, canceling it would lead to ridiculous results (and also immoral ones) in which, for example, a grandchild whose only Jewish grandmother is on his mother’s side would be eligible to immigrate, since halakhically he is Jewish even though genetically he is only 1/8 such, whereas a grandchild whose maternal grandmother alone is not Jewish would not be eligible even though he is 7/8 Jewish. It also seems likely that in the second case the grandchild would have a stronger Jewish identity than the grandchild in the first case.

Michi (2023-01-26)

If this gives you such great joy, why don’t you read what I already wrote instead of repeating again and again a question that has been answered? It’s worth being easily pleased, if possible.

Ashtoreth (2023-01-26)

Rabbi Michi, I’d still be glad to hear your opinion on canceling the grandchild clause. As I understand it, canceling it would lead to ridiculous results (and also immoral ones) in which, for example, a grandchild whose only Jewish grandmother is on his mother’s side would be eligible to immigrate, since halakhically he is Jewish even though genetically he is only 1/8 such, whereas a grandchild whose maternal grandmother alone is not Jewish would not be eligible even though he is 7/8 Jewish. It also seems likely that in the second case the grandchild would have a stronger Jewish identity than the grandchild in the first case.

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