[net.religion.jewish] Why is the state involved in religion?

samet@sfmag.UUCP (A.I.Samet) (03/09/85)

Response to Yosi Hoshen:

> ...  Now lets get back to the issue of state legislated religious coercion...
> ... a new form of religious coercion imposed on them by the Jewish State...
> ... The issue is not the rabinate, but the state that follows
> the rabinnate.  I will restate my point again.  The state should not
> be in the religion business, trying to impose religious laws on those
> who do not practice the religion...

Thank you  for  arguing  logically  and  avoiding  the  mindless,
hostile  stereotyping  of  orthodoxy that is so prevalent on this
net.  I agree with your focus on  the state for   imposition   of
religious  laws.  All I was trying to say was that it's unfair to
label the rabbinate, or orthodoxy as coercive as long as they are
playing by the rules of Israeli democracy.

> I guess personal matters such as marriage and divorce can be compared
> to taxes.

I accept your distinction between tax  legislation  and  marriage
legislation.   The  latter  touches  on personal beliefs. I meant
only to point out that many laws are (in  some  sense)  coercive,
and could be so labeled.   We generally  don't apply  that  label
because we recognize that the laws are for the good of society.

> ... Since Jews comprise <3% of the American population,
> I assume you would not complain If the US would require that all
> marriages should be performed by Christian clergy...

I would complain if the US required  me  to  go  to  a  christian
clergyman  because  that  is  unconstitutional  in America. If it
weren't, I might either break the rules (as Russian  Jews  do  to
practice  certain  mitzvas),  lobby for change (as you do), or go
elsewhere to marry or live.  But I couldn't make a case that  the
rules  set up by the society are being violated unless there is a
law separating religion and state.

As you point out, the people who set up  the  Jewish  state  were
mostly  non-orthodox.   They  did  not pass laws requiring you to
keep shabbos, believe in anything, or eat  kosher.   Nevertheless
they gave the rabbinate  jurisdiction over things like marriages.

We should ask ourselves why they did this.  Perhaps  they  judged
that, all things considered, it was better for the Jewish society
to have the state "in the religion business", at least as far  as
issues  affecting  Jewish  identity  are concerned. A case can be
made  for  involvement  in  that  limited  area,  even   from   a
nonreligious  perspective.  Marriage, divorce, and conversion are
not purely private matters. They impact the entire Jewish people.
Whatever  their  reason,  the  legal  authority  they gave to the
orthodox rabbinate in Israel, while upsetting to  some,  reflects
that society's judgement about its own best interests.

                                Yitzchok Samet

PS - How do you feel about the history of anti-religious coercion
in Israel, which has been mentioned a few times on the net?

jho@ihuxn.UUCP (Yosi Hoshen) (03/19/85)

>> ... Since Jews comprise <3% of the American population,
>> I assume you would not complain If the US would require that all
>> marriages should be performed by Christian clergy... [Yosi Hoshen]


>I would complain if the US required  me  to  go  to  a  Christian
>clergyman  because  that  is  unconstitutional  in America. If it
>weren't, I might either break the rules (as Russian  Jews  do  to
>practice  certain  mitzvas),  lobby for change (as you do), or go
>elsewhere to marry or live.  [Yitzchok Samet]

At the time I got married, I was doing my military service, so
I was not free to go elsewhere and get married.  Even if I was
free to go elsewhere, why should I?  I was born in Israel, and
served my country.  Why should I be coerced to submit to a religious
marriage ceremony, which humiliates me, just as you would be 
humiliated if you had to be married in a Christian ceremony. 
The problem is that unlike the US, Israel does not have a constitution
to protect its citizens from religious coercion laws.  You
seem to belittle the problem of state-mandated religious coercion.
Such an attitude could justify the historical expulsion of the Jews 
from Spain.  These Jews did not obey the Law - convert to Christianity -
therefore their expulsion was justified (They only had to go elsewhere).

>As you point out, the people who set up  the  Jewish  state  were
>mostly  non-orthodox...                    Nevertheless
>they gave the rabbinate  jurisdiction over things like marriages.
>We should ask ourselves why they did this.  Perhaps  they  judged
>that, all things considered, it was better for the Jewish society
>to have the state "in the religion business", ...

I agree that orthodox conversion is a rabbinate business.  However,
I vehemently oppose the law that gives the rabbinate jurisdiction
over marriage and divorce when these may apply to people, like myself,
who consider themselves non-religious.  The reasons for imposing
religious coercion laws governing marriage and divorce are not
profound as you suggest.  The are the outcome of the Israeli
parliamentary system.  This system, known as proportional representation,
fragments the parliament into many parties (each party gets
gets a share of MPs proportional to the popular vote).  The
religionist parties, which get approximately 15% of the vote,
can gain influence that significantly exceeds their electoral power.

Each of two major blocks in the Kneset usually gets about 40% of
the vote.  Either, therefore, needs partners to form a coalition government,
and, obviously, they have to take in the religionists to form a majority.
The two major blocks court the religionists by agreeing to sell out the
personal rights of the secular Jews in the country.  Since
Israel is faced with extraordinary difficulties,  which I
need not enumerate here, these major parliamentary blocks
are able to get away with the sell out.

You suggest that marriage and divorce are not purely a personal
matter.  (The pope may suggest that not being a Christian is not
just a personal matter ...... humanity can be only be saved if we
all accept you know who....).  The religionists in Israel are trying
to scare all of us by claiming that civil marriage and divorce will 
split the nation.  My answers to this is:  What is the use of a nation
that tries to impose religious laws on those who do not accept
the religion?  Did not Jews come to Israel to get away from 
religious coercion by Christians, Moslems, and Communists?  Remember
also, Israel is already split, polarized and deeply divided 
into religionist and secularist (chofshi'im) camps.  The reason
for this division is religious coercion.

>PS - How do you feel about the history of anti-religious coercion
>in Israel, which has been mentioned a few times on the net?

There has been a significant case of anti-religious coercion
in Israel.  That was the autopsy law.  The previous Israeli
autopsy law can undoubtly be viewed as anti-religious coercion
law against orthodox Jews.  That law permitted indiscriminate 
autopsies by pathologists, disregarding the wishes of the family
of the deceased.  The law was a blatant violation of personal 
rights of religious Jews in Israel.  There were those who claimed 
that the law benefits all of society, because more autopsies will
increase our medical knowledge base, and, therefore, improve our
ability to fight diseases.  My view is that even if more autopsies
are beneficial to mankind, they should be restricted, since they 
infringe on the the personal and religious rights of the individual.
Let me note that the autopsy law was taken off the books several 
years ago. 

The autopsy law, though beneficial to society, was changed, because 
it infringed on the religious rights of orthodox Israelis. 
However, the marriage and divorce law, which violates the rights
of secular Jews, is still on the books.  It is quite clear that
if a law violates the rights of orthodox Jews, it is removed.  On
the other hand, a similar action is not taken if a law infringes
on the rights of secular Jews.
-- 

Yosi Hoshen, Bell Laboratories
Naperville, Illinois, (312)-979-7321, Mail: ihnp4!ihuxn!jho

samet@sfmag.UUCP (A.I.Samet) (03/20/85)

> >As you point out, the people who set up  the  Jewish  state  were
> >mostly  non-orthodox...                    Nevertheless
> >they gave the rabbinate  jurisdiction over things like marriages.
> >We should ask ourselves why they did this.  Perhaps  they  judged
> >that, all things considered, it was better for the Jewish society
> >to have the state "in the religion business", ... (Y. Samet)

> ... The reasons for imposing
> religious coercion laws governing marriage and divorce are not
> profound as you suggest.  The are the outcome of the Israeli
> parliamentary system... The
> religionist parties, which get approximately 15% of the vote,
> can gain influence that significantly exceeds their electoral power....
> The two major blocks court the religionists by agreeing to sell out the
> personal rights of the secular Jews in the country.  Since
> Israel is faced with extraordinary difficulties,  which I
> need not enumerate here, these major parliamentary blocks
> are able to get away with the sell out. (Yosi Hoshen)

I  used  the  phrase  "all  things  considered"  specifically  to
anticipate  the  the  point  you  are  making,  i.e.,  all things
considered,  the  majority  factions  saw  this   concession   as
necessary  for  the good of the nation. In other cases, e.g., the
latest "who is a Jew" vote, they did not yield.
> ... The religionists in Israel are trying  to scare all of us by
> claiming that civil marriage and divorce will split the nation.

You personal view may be that the  nation  would  not  be  split.
However,  you don't seem to  acknowledge that this is a matter of
judgement, or that the concern  about  splitting  the  nation  is
anything  more  than  a ploy.  I can understand that someone with
your views and experiences can be incensed  by  the  status  quo.
Could  it  be  that  your  irritation  causes  you to dismiss the
"religionist" view out of hand?  Your emphasis on  "religionists"
and  "scare"  tactics  suggests that you may be pigeon-holing the
issue rather than allowing yourself to deliberate both  sides  of
the question.

(As an  aside,  the  Talmudic  approach  stresses  analyzing  all
opinions rather than indulging in polemics.  The gemara says that
Beis Hillel's views  eventually  prevailed  over  Beis  Shammai's
because  Beis  Hillel  was scrupulous to articulate  (and thereby
understand) the opposing view  before  advancing  it's  own.  The
Mirrer  Rosh  Yeshiva,  Reb  Chaim Shmulevitz, zichrono l'brocha,
used to cite this as a model for arguing l'shaym shamayim,  i.e.,
transcending personal interest and bias to arrive at truth.)

>  My answers to this is:  What is the use of a nation
> that tries to impose religious laws on those who do not accept
> the religion?  Did not Jews come to Israel to get away from
> religious coercion by Christians, Moslems, and Communists?

Is the Jewish religion incidental to the definition of the Jewish
people?   Did  Jews  come  to  Israel  just to escape oppression?
That's a narrow and forced view of our history in  the  diaspora,
and  a denial of the millenia of sacrifice for our religion. It's
in our blood - ingrained in the soul  of  our  nation.   Remember
Herzl?  He suggested we start a nation in Uganda  -  but the Jews
didn't buy it. They wanted Eretz Yisroel  - the land we prayed to
return to for 2000 years.  Your ancesters did too.

Jews  may  have  drifted  from  religious  observance  in  recent
history,  but the vast majority insisted on  Jewish marriages and
bris milah, they ate matzoh on Pesach, and fasted on Yom  Kippur.
The  overwhelming  majority  of  Sephardim in Israel  and abroad,
still have strongly ingrained  religious ties. Many of those  who
drive on shabbos still observe family purity and eat kosher. They
wouldn't dream  of  getting  married  in  a  secular  fashion  or
intermarrying.  Neither  would most American Jews in 1948.  Don't
assume that the immigrants from  oppressed  lands  grew  up  with
shomair tzair values.

My guess is that the authority given to the rabbinate reflects  a
strong  grass  roots  consensus. It just might be that people who
are offended at the thought of being married by  a  rabbi  are  a
very  small (albeit vocal)  minority.  Even fewer would go so far
as to label rabbinic marriages as  coercian.  I  doubt  that  you
represent  the masses of oppressed immigrants when you apply that
term.

> Remember also, Israel is already split, polarized and deeply divided
> into religionist and secularist (chofshi'im) camps.

Sorry   to  disagree,  but   living  in  Israel   (and   visiting
frequently)   has left me with a very  different impression.  The
clamor over these issues seems to be more in the  media  and  the
Knesset   than  in  the  mood  of  the people. They are much more
concerned over the next tosefet yoker and the price of leben.

> The reason for this division is religious coercion.

This may accurately describe  your  feeling,  but  it's  probably
innacurate to characterize the Jewish nation that way.

                        Yitzchok Samet