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Q&A: Non-Jews of Jewish descent — a "problem" in Jewish law, or in stigmas and bad character traits

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Non-Jews of Jewish descent — a "problem" in Jewish law, or in stigmas and bad character traits

Question

Hello Rabbi Michi
 
 
 
 
In your latest column you briefly mentioned the issue of the burial of the female soldier who is a non-Jew of Jewish descent through her father.
 
I won’t ask about the halakhic leniencies that can or cannot be applied in such a case in order perhaps to bury her alongside Jews, but something else.
 
 
 
 
If this were a “technical,” formal matter and not an essential one—let’s put it this way: if that soldier and her family were accepted by all of Israeli society as equal in value, if one may call it that, like all her comrades—as an Israeli who died because she shared a certain common fate with the Jewish people—we are not checking right now whether in her lifetime she was a great righteous woman or a decent person; rather, we give honor, and perhaps one could even call it minimal affection and minimal sorrow over her death because of the circumstances of her death—
 
then one could suggest a simple technical solution to resolve the issue: a female or male non-Jew of Jewish descent who believes in the Torah of Israel and in the obligation to observe commandments, and because of that—and perhaps not only because of that, but also because of it—is willing to share in the civic and security burden and in a common fate with the Jewish people and its state, and as a result also in a religious covenant of destiny that includes, for example, minimal charity to synagogues or a yeshiva, participation in some of the holidays and prayers—then he or she is really in the category of what the Sages called a resident alien. In the words of the Sages, there is no derogatory label, disgust, or total alienation and estrangement toward a resident alien. He is like an Israelite—correct me if I’m wrong—in all the commandments between man and his fellow, since charity and acts of kindness are practiced toward him, and there is even a commandment to sustain him, even if the Israelite takes precedence over him. And even if some of the laws do not strictly apply to him as a full obligation, still it is proper to treat him according to those same laws—if I am not mistaken, Maimonides writes this.
 
If so, such a non-Jew, who does not want to convert, but protests—apparently justifiably—that people feel toward him a foreignness and hostility as toward other non-Jews toward whom there is no obligation: why shouldn’t he approach the rabbinate and request, as in ancient times, the status of resident alien? Then, even if one day he falls in war for the sake of the Jewish people, or by virtue of being their partner, he would not be publicized and presented to the public in a way that dishonors him as a foreign non-Jew; rather, he would be buried in a special section for the righteous among the nations, who have a share in the World to Come.
 
In your opinion, is the problem here technical, such that it can be solved this way, or essential?
 
I ask because this raised the following doubt in me:
 
If because of something like prejudices or stigmas part of society does not want to give respectful treatment to non-Jews of Jewish descent, even though from a halakhic perspective it would be appropriate to give such treatment to a large portion of them—
can something that comes out in a technical question like burial, or a separating fence, really help the issue at all? If the problem is not formal-halakhic, and not even a religious problem, but a social stigma, then what the hell do people want from the rabbinate? Can the rabbinate change a bad social attitude given to a mamzer? A bad attitude given to a person with a physical defect?
And in your opinion, would social stigmas and dishonest interpersonal behavior, perhaps grounded in a mistaken understanding of Jewish law, be corrected among the God-fearing public if its leaders instructed otherwise? Do you think it really starts from above, or from below?
 
 
 

Answer

That solves nothing, because that is exactly what they did. And even if the heading had not been “section for those of doubtful status” but “section for resident aliens,” the same uproar would have arisen.
And by the way, the rabbinate is not the leadership of the public, neither the non-Haredi religious public nor the secular public.

Discussion on Answer

Relatively Rational (2023-11-24)

Michi,
regarding the second point—
the rabbinate is just an example.

In my humble opinion, in these specific cases part of the insult involved in being considered or remembered as a non-Jew stems from the fact that non-Jews as a category receive—justifiably in many respects—a suspicious and contemptuous attitude from conservative sectors, who usually do not distinguish, or do not pay too much attention to, the difference between a non-Jew who belongs to the people of Job, and an ordinary non-Jew who, even if in their view his potential for wickedness and sinful living is high, is not Job, and a covenantal non-Jew, who can be considered, from a halakhic, essential, and moral standpoint, as part of an intermediate category: he has left the general category of idolaters but has not entered the category of Israel. After all, in Jewish law there is a status of a subject non-Jew, a hired non-Jew, a resident alien, and a slave—even if in ancient times this status really was an inferior one, that of a Canaanite slave, certainly. Still, this is an excellent category for illustrating non-Jews who are not completely inside, but are not strangers or objects of contempt. If there were emphasis among mainstream Haredi and Hardal rabbis, to their public, on distinguishing the level of contempt and social distancing applied to non-Jews in general (in their view), while emphasizing that there are cases in which there is another category—such as a non-Jew of Jewish descent, who indeed is not part of the Jewish people, but if as a result of living among us he was exposed to the Torah of Israel and chose to observe the parts of it that pertain to him—the seven Noahide commandments, sharing in the civic and security burden of the Jewish people as a result, even participating symbolically as an expression of faith in some of the festivals—then there would not be such a huge uproar around the whole matter of living here as part of Jewish-Israeli society but not being considered Jewish. Because from the other side as well, it would not be such a precedent for a mark of Cain and such heavy personal labeling in some cases. (I’m not talking about issues like intermarriage, where it is indeed halakhically and essentially forbidden.) Perhaps the very great need for lenient conversion would also disappear—
The broad question is: in your opinion, is the problem in such cases really with the rabbis, who perhaps do not make fine distinctions in these matters (and in other matters too, like the clear distinction that should exist between the sexes, alongside the possibility of still allowing someone who is capable and wants to study Torah to study—again, from a principled position of fine distinction and without regard to popularity)?
In short, do you think the problem is a social stigma that grows from below, or role models from above who go one step too far, even by their own standards? (Rabbi Zeini, for example, stirred up the Amir Ohana and LGBT storm again, after it seemed the issue had calmed down and that most of the public today grudgingly accepts LGBT people as sinners out of appetite but not criminals. Rabbi Zeini published a detailed and venomous letter against Amir Ohana and the whole issue when Amir Ohana asked that LGBT soldiers who fell in battle not be discriminated against.)

Michi (2023-11-24)

There is a mix-up here between issues. The fact that she wants partnership with Jews is unrelated to the question of whether she is a righteous non-Jew or a terribly wicked one.
The conservative attitude of course does not make distinctions. What is the question? A question in mass psychology—does it come from below or from above? From both.

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