Q&A: Who Is a Jew
Who Is a Jew
Question
Hello,
I’d be happy to hear your opinion about repealing the grandchild clause (it was in the news recently). As I understand it, repealing it would lead to ridiculous (and also immoral) results, where for example a grandchild whose only Jewish ancestor is his maternal grandmother, would be eligible to immigrate, since halakhically he is Jewish even though genetically he is only 1/8 Jewish, whereas a grandchild whose only non-Jewish ancestor is his maternal grandmother, would not be eligible even though he is 7/8 Jewish. It is also reasonable to assume that in the second case the grandchild would have a stronger Jewish identity than the grandchild in the first case.
A more general question: hasn’t the time come to update Jewish law regarding who is a Jew? Genetic testing makes it possible to determine whether a person belongs to the Jewish people or not.
Answer
You’re mixing up two questions: should Jewish law be updated? And is Jewish law what ought to determine this?
Why is this absurd? You’re assuming that the test is genetic. Where do you get that from? In principle, one could think about an update after we understand what the basis for the original determination was, and if we see that today we have a better basis for making that same distinction.
The term “Jewish identity” that you use here is empty of content. What you mean is genetics. See above.
In my opinion, Jewish law should not be what determines this in a state like ours. Something should be determined on the basis of broad public agreement. If the public agrees on Jewish law, then it will be Jewish law.
Discussion on Answer
A friend of mine from a family of rabbis and Torah scholars married, years ago, an immigrant from the former Soviet Union whose father was Jewish and whose mother was a gentile—that is, he was not Jewish according to Jewish law.
Many in the family boycotted the ceremony, and some completely cut off contact with the “apostate.”
A few years ago they were in the U.S. and did a DNA test—it turned out that the husband was 75% Ashkenazi Jewish (apparently the gentile mother was actually half Jewish).
Her results were much more surprising—it turned out that she was 85% Arab and only 15% Jewish (as mentioned, a family of rabbis and Torah scholars…)
In short, this whole issue of a genetic Jew is very problematic
“Jewish law should not be what determines this in a state like ours.”
The Law of Return has nothing to do with Jewish law, and Jewish law has nothing to do with it. Therefore Jewish law, or updating it, is not relevant to the discussion at all…