Who is a Jew?

"Who is a Jew?" (Hebrew: ?מיהו יהודי) is a basic question about Jewish identity. The question gained particular prominence in connection with several high-profile legal cases in Israel since the founding of the Jewish state in 1948.

The definition of who is a Jew varies according to whether it is being considered by Jews for self-identification or by non-Jews for their own particular purposes. As Jewish identity can include characteristics of an ethnicity and of a religion, the definition of who is a Jew has varied, depending on whether a religious, sociological, or ethnic aspect was being considered. This article is concerned with Jewish self-identification issues.

According to the simplest definition used by Jews for self-identification, a person is a Jew by birth, or becomes one through religious conversion.

However, a debate has arisen among various branches of Judaism on these issues:

• Mixed parentage: i.e. whether a person of mixed Jewish and non-Jewish parentage should be considered Jewish.
• Conversion: i.e. what process of religious conversion should be considered valid.
• Life circumstances issues: i.e. whether a person's actions (such as conversion to a different religion) or circumstances in their lives (such as being unaware of Jewish parentage) should affect their Jewish status.

Perspectives

Mainstream Judaism

According to Rabbinical Jewish law (halakha), a Jew is a person born to a Jewish mother or who is a convert to Judaism.

The origin of the rule that a person's Jewish status is determined in accordance with matrilineal descent is obscure. However, many rabbis point to Deuteronomy 7:3–4 and Ezra 10:3 as implicit sources.

The definition, however, gives rise to several issues. Firstly, the binding nature of halakha in this issue. Secondly, is the matrilineal descent test an exclusive test. And, thirdly, what are the acceptable requirements for conversions.

Orthodox and Conservative view

All branches of Orthodox Judaism and Conservative Judaism today, maintain that only the halakhic definition is valid and binding.

Jewish communities which insist on the binding force of halakha also maintain that Jewishness by conversion involves a formal conversion to Judaism -- under the auspices of a halakhically constituted and recognized Beth Din ("Court [of Jewish-Torah Law]") consisting preferably of three learned rabbis acting as Dayanim ("judges"), but also possibly two learned and respected lay members of the community along with a rabbi who then issue a Shtar geirut ("Certificate of Conversion").

Reform and Liberal view

Jewish denominations which do not accept halakha as binding, such as Reform and Liberal Judaism, have adopted different standards. These accept a child of one Jewish parent, whether father or mother, as Jewish if the parents raise the child as a Jew and the child fosters a Jewish identity. When the situation may become an issue, as for example at the bar/bat mitzvah or marriage of the person, if only a person's father is Jewish, traditional Jewish communities which regard only the halakhic definition as valid would generally not recognize the Jewishness of the person, and may require a formal conversion (in accordance with halakhic standards). Although Orthodox and Conservative Judaism does not recognize Jewishness through patrilineal descent, "it should also be noted, however, that in the case of a child born to a Jewish father but to a non-Jewish mother, most Orthodox rabbis will relax the stringent demands normally made of would-be converts", and the Rabbinical Assembly of the Conservative movement "agreed that 'sincere Jews by choice' should be warmly welcomed into the community".

Conversions

All mainstream forms of Judaism today are open to sincere converts; all denominations accept converts converted by their denominations.

Although an infant conversion might be accepted in some circumstances (such as in the case of adopted children or children whose parents convert), children who convert would typically be asked if they want to remain Jewish after reaching religious adulthood - which is 12 years of age for a girl and 13 for a boy. This standard is applied within Orthodox and Conservative Judaism, which accept halakha as binding.

In modern Israel

See also: Law of Return

The definition of "who is a Jew" has become an important issue in Israeli politics. Following the independence of the modern State of Israel in 1948, the Law of Return gave any "Jew" the right to immigrate to Israel, find safe haven and become a full citizen.

However, due to an inability on the lawmakers to agree, the Law did not define "who was a Jew", relying instead on the issue to resolve itself over time. As a result, the Law relied in form on the traditional halakhic definition.

However, it deviated in several respects. In the first place, the Law allowed immigration to the children and grandchildren of Jews, regardless of their religious affiliation. But, "who was a Jew" for this purpose was undefined, giving rise to divergent views by different branches of Judaism. Also, converts to Judaism performed outside of the State of Israel, regardless of who performed it, were entitled to immigration under the Law. Once again, issue arose as to whether a conversion performed outside of Israel was valid. There was also a stipulation that a person who had formally converted to another religion was not entitled to immigration under the Law. The variation of the definition in the Law and the definition used by various branches of Judaism has resulted in practical difficulties for many people.

The controversy

The traditional Jewish definition of a Jew is "someone born to a Jewish mother or who has converted to Judaism." The Orthodox or Conservative requirement for a valid conversion is that the candidate for conversion understand the obligations of being a Jew, show commitment to fulfilling these obligations, (for a male) to undergo Brit milah (ritual circumcision) or one of its exceptions, perform immersion in a mikvah, and satisfy the scrutiny of a Beit din, or rabbinical court. The beit din act not only as judges but as witnesses in the course of conversion, and it follows that its members must be suitable and qualified for these purposes.

Progressive denominations have a more relaxed conversion process. In the US, an official Reform resolution in 1893 abolished circumcision as a rule for converts, and Reform does not require converts to have tevilah (ritual immersion). A "prospective convert declares, orally and in writing, in the presence of a rabbi and no less than two lay leaders of the congregation and community, acceptance of the Jewish faith and the intention to live in accordance with its mitzvot.

There are historical Jewish communities that pre-date or dispute the matrilineal tradition. These on the whole maintain that their "jewishness" descends from the male line, as in tribal Israel as defined in the Torah, and as in the Karaite tradition. Although matrilineal descent has been the norm within Judaism in the common era, the acceptance of patrilineal descent by North America's largest Jewish denomination presents obvious challenges.

Four basic disputes

The controversy of "who is a Jew" concerns four basic disputes:

1. The North American Reform and British Liberal movements have changed some of the traditional requirements for a Jewish identity in two ways: (1) Children born of just one Jewish parent — regardless of whether the father or mother is Jewish — can claim a Jewish identity. A child of only one Jewish parent who does not claim this identity has, in the eyes of the Reform movement, forfeited his/her Jewish identity. By contrast, the traditional view is that any child born to a Jewish mother is Jewish, whether or not he/she is raised Jewish, or even whether the mother considers herself Jewish. As an example, the grandchildren of Madeleine Albright (who was raised Catholic and was unaware of her Jewish heritage) would all be Jews according to halakha (traditional Jewish law), since their mother's traceable female ancestors were all Jewish and all three of her children were female. (2) The requirement of brit milah has been relaxed, as has the requirement of ritual immersion. (While the Conservative movement permits conversion without circumcision in some cases, notably hemophiliacs, most Orthodox Jews do not, except in cases specifically exempted by the Talmud, such as one who has had three brothers die as a result of circumcision.)
2. Orthodoxy asserts that non-Orthodox rabbis are not qualified to form a beit din.This has led to the fact that non-Orthodox conversions are generally not accepted in Orthodox communities. Since Orthodox Judaism maintains the traditional standards for conversion — in which the commitment to observe Halakha is required — non-Orthodox conversions are generally not accepted in Orthodox communities because the non-Orthodox movements perform conversions in which the new convert does not undertake to observe Halakha as understood by Orthodox Judaism.
3. A third controversy concerns persons (whether born Jews or converts to Judaism) who have converted to another religion. The traditional view is such persons remain Jewish. However, Reform Judaism and Liberal Judaism regard such people as non-Jewish, and they do not count as Jewish for the purposes of the Israeli citizenship laws.
4. A fourth controversy stems from the manner in which the Chief Rabbinate of Israel has been handling marriage and conversion decisions in recent years. Conversions and marriages within Israel are legally controlled by the Orthodox Israeli Chief Rabbinate; therefore, a person not proven to be a Jew to the Rabbinate's satisfaction is not legally permitted to marry a Jew in Israel today. Although the Rabbinate has always refused to accept non-Orthodox conversions, until recent years it was more willing to accept the Jewish parentage of applicants based on personal testimony, and the validity of conversions based on the testimony of Orthodox Rabbis. However, in recent years the rabbinate, whose rabbis historically had a more Modern Orthodox orientation, has increasingly been filled by the more stringent Hareidi camp. It has increasingly been inclined to presume that applicants are not Jewish until proven otherwise, and require more stringent standards of proof than in the past. It has implemented a policy of refusing to accept the testimony of non-Orthodox Jews in matters of Jewish status, on grounds that such testimony is not reliable. It also has been increasingly skeptical of the reliability of Orthodox rabbis ordained by institutions not subject to its accreditation, particularly in matters of conversion. Accordingly, non-Orthodox Jews born to Jewish parents, and some Jews converted by Orthodox rabbis, have been increasingly unable to prove their Jewishness to the Rabbinate's satisfaction, because they are unable to find an Orthodox rabbi who is both acceptable to the Rabbinate, and familiar with and willing to vouch for the Jewishness of their maternal lineage or the validity of their conversion.

There have been several attempts to convene representatives of the three major movements to formulate a practical solution to this issue. To date, these have failed, though all parties concede the importance of the issue is greater than any sense of rivalry among them.

Religious definitions

For the most part, a Jewish identity has been seen as a religious question stemming specifically from the Torah and Tanakh (the Hebrew Bible) as a whole. As a result, religious authorities, namely scholarly rabbis, have traditionally taken the responsibility of determining the criteria for being a Jew.

Traditional Rabbinic Halakhic perspective

According to the traditional Rabbinic view, which is maintained by all branches of Orthodox Judaism and Conservative Judaism today, only Halakha ("Jewish law") can define who is or is not a Jew when a question of Jewish identity, lineage, or parentage arises about any person seeking to define themselves or claim that they are Jewish.

Therefore, Halakha defines a "Jew" as someone, male or female, who is:

Either

(1) The child of a Jewish mother, known in English as "matrilineal descent". The origins of this law are obscure, however many rabbis point to Deuteronomy 7:4 and Ezra 10 as implicit citations.

or

(2) A person who converts -- that is, is formally converted to Judaism -- under the auspices of a halakhically constituted and recognized Beth Din ("Court [of Jewish-Torah Law]") consisting preferably of three learned rabbis acting as Dayanim ("judges"), but also possibly two learned and respected lay members of the community along with a rabbi who then issue a Shtar geirut ("Certificate of Conversion").

This standard for conversion is mandated by a long series of codes of law and texts, including the Talmud, through the Shulkhan Arukh, and subsequent interpretations that are held as authoritative by Orthodox Judaism and Conservative Judaism.

As a result, mere belief in the principles of Judaism does not make one a Jew. Similarly, non-adherence by a Jew to the Jewish principles of faith, or even formal conversion to another faith, does not make one lose one's Jewish status. Thus the immediate descendants of all female Jews (even apostates) are still considered to be Jews, as are those of all her female descendants. Even those descendants who are not aware they are Jews, or practice a faith other than Judaism, are technically still Jews, as long as they come from an unbroken female line of descent. As a corollary, the children of a Jewish father and a non-Jewish mother are not considered to be Jews by Orthodoxy or Conservatism unless they formally convert, even if raised practicing Judaism.

Those not born to a Jewish mother may become accepted as Jews by the Orthodox and Conservative movements through a formal process of conversion to Judaism in order to become "true converts" (Geirei tzedek in Hebrew), and they are then accepted as Jews by the movement doing the conversion. In addition, Halakha requires that the new convert commits himself to observance of its tenets; this is called Kabbalat Ol Mitzvot, "Acceptance [of the] Yoke [of the] Commandments".

Conversion is still relatively rare, and typically discouraged. Orthodoxy does not accept the validity of non-Orthodox conversions; it recognises only those conversions in which the new convert accepts and undertakes to observe Halakha as interpreted by the teachings of Orthodox Judaism. Non-Orthodox rabbis do not require that converts make this commitment, and therefore the conversions they perform are not accepted under Orthodoxy.

Hareidi and Modern Orthodox Judaism

Both Hareidi Judaism and Modern Orthodox Judaism accept a similar set of rules regarding Jewish status based on classical rabbinic Judaism, including both matrilineal descent and requirements that conversions be performed by Orthodox rabbis and that converts promise to strictly observe elements of traditional Judaism such as Shabbat and Niddah. However, their application of these rules have been different, and the difference has been increasing in recent years. Modern Orthodox authorities have been more inclined to rule in favor of Jewish status and to accept non-Orthodox Jews' word in doubtful cases involving people claiming to be Jews, while Hareidi authorities have in recent years tended to presume non-Jewish status and require more stringent rules and standards of evidence in order for Jewish status to be proven, and have tended to distrust the evidence of Jews who are not personally Orthodox. Hareidi rabbis have tended to look at a convert's current personal observance and to regard deficiencies or lack of Orthodoxy in current observance as evidence that the convert never intended to validly convert. In addition, the contemporary situation is further complicated by the fact that some Hareidi rabbis no longer regard some Modern Orthodox rabbis as reliably Orthodox.

Conservative Judaism

Conservative Judaism also follows the classical Rabbinic rules regarding matrilineal descent and conversion, but takes a more lenient approach in application than Modern Orthodox Judaism. Its approach to the validity of conversions is based on whether the conversion procedure followed rabbinic norms, rather than the reliability of those performing it or the nature of the obligations the convert undertook. Accordingly, it may accept the validity of some Reform and Reconstructionist conversions, but only if they include immersion in a ritual bath (mikvah), appearance before a rabbinical court (beit din) and, for men, circumcision (brit milah) or a symbolic circumcision for those already circumcised (hatafat dam brit).

Perspective of Reform, Reconstructionist, Liberal, and Karaite Judaism

In recent times, two theologically liberal Jewish groups have allowed people who do not meet the classical halakhic criteria to define themselves as Jews. The two groups are Reform Judaism, which began in mid-19th century Germany, and Reconstructionist Judaism, which began in mid-20th century United States.

Both exist primarily, but not exclusively, in North America, where Reform Judaism is the denomination of about a third of all Jews who affiliate with any movement. Reform procedures for conversion to Judaism often vary from traditional standards, and under the patrilineal descent resolution, Reform rabbis may accept a person as a born-Jew even if the mother is non-Jewish. Reform rabbis in North America have set standards by which a person with one Jewish parent is considered a Jew if there have been "appropriate and timely public and formal acts of identification with the Jewish faith and people," such as a Jewish naming ceremony, brit milah, or a bar or bat mitzvah ceremony. Because the Reform Movement uses a guidelines approach and its standards are not considered binding, they are understood and applied (or not applied) in different ways by different Reform rabbis and individual Reform Jews. The principle, in general, is understood to require a Jewish upbringing.

The Reform movement's standard states that "for those beyond childhood claiming Jewish identity, other public acts or declarations may be added or substituted after consultation with their rabbi," opening the possibility that non-religious "acts of identification" could be deemed sufficient by some Reform rabbis.

This policy is commonly known as patrilineal descent, though "bilineal" would be more accurate. The Reconstructionist position, and that of Liberal Judaism in the United Kingdom, is similar.

Today many Reform Jewish and secular American Jews born from originally gentile mothers consider themselves to be Jews, although they are not considered Jewish by Orthodox Judaism or Conservative Judaism. Not every movement outside North America affiliated with the World Union for Progressive Judaism (an organization to which both Reconstructionist Judaism and North American Reform Judaism belong) accepts patrilineal descent.

Unlike the denominations of Rabbinical Judaism (Orthodox, Conservative, Reform, Reconstructionist, and Liberal Judaism), Karaite Judaism includes only the Written Torah in its canon (i.e. Talmud / Oral Law are not included) and does not consider itself Rabbinical. Karaite Judaism interprets the Written Torah to indicate that Judaism is passed through the paternal line, not the maternal line.

Jews who have practiced another faith

According to Orthodox Judaism, one born of a Jewish mother has irrevocable Jewish status - thus a person is still considered Jewish even if they have converted to another religion.However, Orthodox Judaism distinguishes between non-Jews who were never Jewish and former Jews who now practice another faith; the latter are considered to be Notzrim (Hebrew: נוצרים) or Minim (Hebrew: מינים) -- loosely translating to "heretics" or "outsiders". Such apostates are generally prohibited from legal or ritual inclusion; for example, such an individual cannot be counted in a minyan. In the times of the Temple, these groups could not give sacrifices; whereas, pagans could . Reform Judaism views Jews who convert to another faith as non-Jews in all respects. For example "...anyone who claims that Jesus is their savior is no longer a Jew..." [Contemporary American Reform Responsa, #68]. Unlike its view on apostates, Judaism views Anusim (Hebrew: אנוסים) -- meaning "forced ones" --, those who involuntarily convert from Judaism to another religion, as Jewish. The matrilineal descendants of Anusim are likewise Jewish. Judaism also has a category for those who are Jewish and who have not converted to another religion but who do not practice or who do not accept the tenets of Judaism. The traditional view regarding these individuals, known as Meshumadim (Hebrew: משומדים), is that they are Jewish; however, there is much debate in the rabbinic literature regarding their status vis-a-vis the application of Jewish law and their participation in Jewish ritual .

All movements of Judaism welcome the return of those who have left -- or been raised in a faith other than -- Judaism. When returning to Judaism, these individuals would be expected to abandon their previous beliefs and adopt Judaism, but might not be required to undergo a full formal conversion, depending on the community and the individual circumstances. For example, a male who has had a brit milah, who has a general understanding of Judaism, but who has been raised in a secular home might not be required to undergo ritual conversion; whereas a male who has not had a brit milah, a male or female who has converted to another religion, or an individual raised in a completely secular home without any Jewish education, in most communities, would be required to undergo a full ritual conversion.

A particularly acute form of this issue concerns former converts to Judaism who no longer practice Judaism (whether or not they still regard themselves as Jewish), do not accept or follow Halakha, or now adhere to another religion. Technically, such a person remains Jewish provided that the original conversion was valid. However, in an increasing number of cases, Haredi rabbinical authorities, as well as the current Religious Zionist Israeli Chief Rabbinate, have taken the view that a given convert's lapse from Orthodox Jewish observance is evidence that he or she cannot, even at the time of the conversion, have had the full intention to observe the commandments, and that the conversion must therefore have been invalid.

Conversion to Judaism

Main article: Conversion to Judaism

A ger tzedek is a "righteous convert" or more literally a "convert [of] righteousness".

For Rabbinical Judaism, the laws of conversion are based in discussions in the Talmud. Jewish law is generally interpreted as discouraging proselytizing, and religious conversion is also discouraged. This is due to the Jewish belief that all nations have a share in the World to Come, and thus, do not need to accept Judaism and live as Jews. Rabbis are technically required to reject potential converts three times, and only if they remain adamant to then convert them. This is on two grounds:

• The laws Jews require of themselves are more stringent than they consider to be required of other nations; a person who would be considered derelict of religious duties under Jewish law could easily be, without change in action, an exceedingly righteous gentile.

• Jews have suffered regular and often severe persecution throughout the ages; a proselyte is exposing himself to potentially mortal danger.

However, a rabbi convinced of the prospective convert's sincerity may allow him or her to follow the process of conversion, and thus appear before an established three-judge Jewish religious court known as a beth din ("religious court") to be tested and formally accepted.

There is no specific time frame for the conversion process and procedures. The prospective convert is taught the basic laws and beliefs of Judaism, and must show an ability to keep the laws and make a commitment to keep them. A male convert is known as a Ger (or Ger tzedek, meaning "righteous convert") and a female is a Giyoret, from the Hebrew root word gar ( גר ) (to "live" or "sojourn [with]".)

As discussed above, some denominations of present-day Rabbinical Judaism do not follow traditional Halakha concerning conversion. As a result, their converts are frequently not recognized by other Jewish denominations.

Karaite Judaism does not rely on Rabbinical/Talmudic Halakha and hence has different requirements for conversion. Traditionally non-proselytizing, Karaite Judaism's long standing absention from conversions was recently lifted. On 1 August 2007, the Karaites reportedly converted their first new members in 500 years. At a ceremony in their Northern California synagogue, ten adults and four minors swore fealty to Judaism after completing a year of study. This conversion comes 15 years after the Karaite Council of Sages reversed its centuries-old ban on accepting converts.

Definitions in the State of Israel

The situation in Israel is ambiguous.

Law of Return

One area where the traditional definition of Jew is not followed by the Israeli government is in deciding who qualifies to make aliyah ("immigrate [to Israel]") and acquire citizenship under the Law of Return.

The requirements here differ significantly from the definition of a Jew under halakha, in permitting anyone with only one Jewish grandparent, or as non-Jewish spouses of Jews, to move to Israel. A person with only one Jewish grandparent is presently allowed to make aliyah but that does not confer the status of Jew upon that person according to Jewish law either in Israel or anywhere else.

Thus, because the secular Israeli Law of Return functions in far broader terms than would be allowed according to Judaism's definition of "Who is a Jew?" it is consequently estimated that as a result of the easing of standards, in the past twenty years, about 300,000 avowed non-Jews and even practicing Christians have entered Israel from the former Soviet Union on the basis of claiming to have one Jewish grandparent or by being married to a Jew. The net result has been that Israel has not resolved the question of how such a large group of immigrants who are now Israelis but who are still not Jews should be formally converted to Judaism.

Current Israeli definitions however, specifically excludes Jews who have openly and knowingly converted to a faith other than Judaism, including Messianic Judaism. This definition is not the same as that in traditional Jewish law; in some respects it is a deliberately wider, so as to include those non-Jewish relatives of Jews who may have been perceived to be Jewish, and thus faced anti-Semitism, but in other respects it is narrower, as the traditional definition includes apostate Jews.

The "Law of Return" distinguishes between two categories of subjects:

• A Jew (One who has been born to a Jewish mother or converted)
• A non-Jew, who is "a son/daughter or a grandson/granddaughter of a Jew, and the spouse thereof" who remains non-Jewish, but nevertheless "is granted equal right of Aliyah and absorption" - this is the paragraph 4A of the law. A spouse of an Israeli Jew (a non-Israeli person who married an Israeli Jew) is excluded from the right of return.

The repatriation visa granted to an applicant includes an indication of whether it was issued according to paragraph 4A or 4B.

Until recently, the Israeli identity card had an indication of nationality, and anyone who made an aliyah as "4A", had not been marked as a Jew. Instead of that, there was an empty field. However, many Israeli citizens who are not recognised by the Rabbinate as Jewish (or have not provided sufficient proof of this) have been issued with Israeli identity cards that do not include their Hebrew calendar birthdate.

Israeli laws governing marriage and divorce

A second area where the definition of Jew is relevant is in marriages and divorces, which are under the jurisdiction of the Israeli Interior Ministry (see Ministry of the Interior) which, unlike the Law of Return, defines Jews strictly according to halakha. The Israeli rabbinate generally defines what standards and interpretations of halakha will apply for Israeli government purposes. Israel does not have civil marriage.

Israel does, however, acknowledge marriages and legal agreements made in other countries. As a result, it is not uncommon for unwed couples to travel overseas, and return married.

In terms of ethnicity, most secular Jews view their Jewish identity as a matter of culture, heritage, nationality, or ethnicity. Ancestral aspects can be explained by the many Jews who view themselves as atheist and are defined by matrilineal descent or a Cohen (Kohen) or Levi, which is connected by ancestry. The question of “who is a Jew” is a question that is under debate. However, matters concerning Marriage in Israel are controlled by strict Orthodox standards and disputed issues can be resolved by the Israeli Chief Rabbinate. Thus, while this issue is in dispute, it is not concerning marriages in Israel. Issues related to ancestral or ethnic Jews are solved by the Israeli Chief Rabbinate.

The rules governing converts who can marry in Israel follow the rules of Orthodox halachic conversion. Under an orthodox view of Halacha, a conversion to Judaism is not kosher unless it is properly Orthodox. Even Actual Orthodox conversions are scrutinized. Some who have followed an Orthodox conversion cannot get married In Israel. An American man who underwent an Orthodox conversion in Metairie, La., was denied an official marriage in Israel on the grounds that his conversion may not have been legitimate and that the Orthodox rabbi who converted him in Louisiana is not recognized in Israel..

If one's ancestral line of Jewishness is in doubt, then a proper conversion would be required in order to be allowed to marry under Orthodox rules, or in Israel, where such rules govern all marriages.

According to The Jewish Week:

As a result, non-Orthodox Jewish couples are forced to submit to an Orthodox marriage ceremony with an Orthodox rabbi and are compelled to attend classes on family purity. No Israeli may marry outside his faith community. Hundreds of thousands of Israeli citizens from the former Soviet Union who are not Jewish or whose Jewish ancestry is in doubt are unable to marry at all inside Israel.

Ancestral lineage is also important when attempting to marry a Cohen in Israel, since the rules governing who they can marry are dictated by Halachic law as interpreted by the Israeli Chief Rabbinate. In the article, “Not Jewish enough to marry a Cohen”,

Irina Plotnikov cannot marry the man she loves, Shmuel Cohen, even though she is Jewish according to halakha (Jewish religious law). A rabbinic court in Jerusalem ruled recently that even though Plotnikov is Jewish, she is not eligible to marry a Cohen since her father is not Jewish. According to Jewish tradition, people with the surname Cohen are descendants of the priests that served in the Temple in Jerusalem 2,000 years ago.

Also, the children of illegitimate unions are affected with a stigma.

There are two related worries: intermarriage and illegitimacy. A child of marriages forbidden by Jewish law, or halacha (for example, unions between a kohen and a divorcee, between close relatives, or between a man and a previously married woman who did not undergo a halachic divorce) is considered a mamzer or chalal ("defiled" cohen). Mamzerim and their offspring, stigmatized with an irrevocable brand of illegitimacy, may marry only other mamzerim. A split in the nation, the argument goes, will follow: mamzerut will increase dramatically and it will be difficult to keep track of mamzerim to ensure they do not wed non-mamzer Jews.

The option of getting married overseas is very expensive and cost-prohibitive. Despite this expense, one out of every ten Israelis who married in 2000 did so abroad mainly because there is no other option for those unable to marry within the state of Israel: 2,230 couples who married abroad consisted of two Israeli partners. Another 3,660 couples consisted of one Israeli partner and one non-Israeli.

Either ancestral or ethnic Jews cannot get married in Israel. There are examples of converted Jews who cannot get married in Israel because their marriage does not conform to Halacha. There are even Orthodox Jews whose conversion is challenged along Halacha laws and, thus, cannot marry in Israel. The children of marriages forbidden by halacha are also stigmatised. Jews are both defined along ancestral and ethnic lines—as in a Cohen (Kohen) or Levi and a Convert, who is ethnically recognized. A person who is not ethnically or ancestrally Jewish, according to halachic law as interpreted by the Israeli Chief Rabbinate, cannot marry in Israel.

An attempt is under way to enable a halakhically non-Jewish couple to marry, endorsed by some Orthodox rabbis and by the Israeli Law Minister, but facing some opposition.

Israeli definition of nationality

A third relevant area is in the registering of "nationality" on Israeli Teudat Zehut ("identity card"). This is also controlled by the Ministry of the Interior, which has generally only registered as a "Jew" those who meet the traditional definition according to the (Orthodox) Chief Rabbinate. However, in a small number of cases the secular Supreme Court of Israel has forced the ministry to register as Jews individuals who did not meet that definition.

Other definitions

There have been other attempts to determine Jewish identity beside the traditional Jewish approaches. These range from genetic population studies (see Y-chromosomal Aaron) to controversial evolutionary perspectives including those espoused by Kevin B. MacDonald and Yuri Slezkine.

Anti-Semitic definitions

The question "who is a Jew?" is also sometimes of importance to non-Jews. It has had exceptional significance historically when considered by anti-Jewish groups for the purpose of targeting Jews for persecution or discrimination. The definition can impact on whether a person may have a certain job, live in certain locations, receive a free education, live or continue to live in the country, be imprisoned or even officially murdered.

During the time of the Inquisition, conversion to Roman Catholicism did not result in total termination of the person's Jewish status. Legally, the converts were no longer regarded as Jews. During the Inquisition in Spain and Portugal, however, Jews were forced to convert, but thereafter were regarded by many people, though not in a legal form, as New Christians, distinguishing them as separate from the Old Christians of non-Jewish lineage. Since legal, political, religious and social pressure pushed many people to untrue conversions (public behaviour as Christians while retaining Jewish practices privately, a kind of crypto-Judaism, also see Marrano and Anusim), they were still treated with suspicion, a stigma sometimes carried for several generations by their identifiable descendants.

The Nazis determined that anyone with one Jewish grandparent, whether male or female, was Jewish, regardless of any conversions out of Judaism, and therefore subject to the Nuremberg Laws. This definition of Jewish identity went beyond those used by Jews themselves. One could not become a non-Jew in the eyes of the government by becoming non-practicing, marrying outside the religion, or converting to Christianity. Similarly, Neo-Nazi and modern anti-Semitic groups often trace the ancestry of individuals to seek the existence of so-called "Jewish blood".

"Half-Jewish"

Some people use the term "half-Jewish" to describe a person who has one Jewish parent and one non-Jewish parent. The use of the term is regarded as controversial.

The term has no significance as a religious category. While the various Jewish denominations have different rules which determine the status of children of mixed unions, all versions of these rules agree that a person is either Jewish or not. As a result, many Jews reject the use of the term "half-Jewish," some maintaining that it has historical racial connotations. (See racial antisemitism and Limpieza de sangre.)

Most people who use the term are unaware of the racial connotations of the term, and the anguish it causes to some Jews aware of the connection. Others use the term to imply that Jewishness is more of a cultural or ethnic identity than a religious one. People of mixed heritage may not fully identify as Jewish, regardless of whether they embrace Judaism as a religion. In the United States, because of intermarriage, the population of "half-Jews" is beginning to rival that of Jews with two Jewish parents, especially among young children. "Half-Jewish" is said to be emerging as an independent identity with its own traits of tolerance and adaptation, but also perhaps a sense of detachment, spiritual indifference, or unclear identity.

Other similar terms that have been used include: "part-Jewish" and "partial-Jews". The term "Gershom", "Gershomi" or "Beta Gershom" has also been used as an alternative to "half-Jewish" and "part-Jewish" in connection with descendants of intermarriage, Gershom being the son of Moses and his Midianite wife Zipporah. Most people would describe themselves simply as "my father/mother is/was Jewish."

Secular philosophy

Jean-Paul Sartre, who was not Jewish, suggested in Anti-Semite and Jew (1948) that Jewish identity "is neither national nor international, neither religious nor ethnic, nor political: it is a quasi-historical community." While Jews as individuals may be in danger from the anti-Semite who sees only "Jews" and not "people", Sartre argues that the Jewish experience of anti-Semitism preserves — even creates — the sense of Jewish community. In his most extreme statement of this view he wrote, "It is the anti-Semite who creates the Jew." Conversely, that sense of specific Jewish community may be threatened by the democrat who sees only "the person" and not "the Jew".

Hannah Arendt repeatedly asserted a principle of claiming Jewish identity in the face of anti-Semitism. "If one is attacked as a Jew, one must defend oneself as a Jew. Not as a German, not as a world-citizen, not as an upholder of the Rights of Man, or whatever"; "A man attacked as a Jew cannot defend himself as an Englishman or a Frenchman. The world can only conclude from this that he is simply not defending himself at all."

Sociology and anthropology

As with any other ethnic identity, Jewish identity is, in some degree a matter of claiming that identity and/or being perceived by others (both inside and outside the ethnic group) as belonging to that group. Returning again to the example of Madeleine Albright, during her Catholic childhood her being in some sense Jewish was presumably irrelevant. It was only after she was nominated to be secretary of state that she, and the public, discovered her Jewish ancestry.

Ido Abram claims that there are five aspects to contemporary Jewish identity:

1. Religion, culture, and tradition.
2. The tie with Israel and Zionism.
3. Dealings with anti-Semitism, including issues of persecution and survival.
4. Personal history and life-experience.
5. Relationship with non-Jewish culture and people.

The relative importance of these factors may vary enormously from place to place. For example, a typical Dutch Jew might describe his or her Jewish identity simply as "I was born Jewish," while a Jew in Romania, where levels of anti-Semitism are higher, might say, "I consider any form of denying as a proof of cowardice."

Ethnic and cultural definitions

Main article: Secular Jewish culture

The traditional European definition of Jewishness (although it was not evenly distributed across Europe) differs markedly from the American progressive definition. In the former USSR, "Jew" was a nationality or ethnicity de jure all the way to the fall of the Berlin Wall. Today, laws concerning Jewishness are unwelcome and unethical almost anywhere in the world, but de facto the situation remains.

The European definition is traditional in many respects, and reflects not only how the Europeans saw Jews, but also how Jews saw themselves. For the purposes of the secular Jewish nationalist movement the Israeli Law of Return draws on external understandings of Jewishness (such as the Nazi and Soviet views), rather than traditional Halakhic criteria.

"Ethnic Jew"

"Ethnic Jew" (also known as an "assimilated Jew," see cultural assimilation) is a term generally used to describe a person of Jewish parentage and background who does not actively practice Judaism but still identifies with Judaism and/or other Jews culturally and fraternally. The term "ethnic Jew" does not specifically exclude practicing Jews, but they are usually simply referred to as "Jews" without the qualifying adjective "ethnic". See: Ethnic group.

The term can refer to people of diverse beliefs and backgrounds due to the complex concepts of what makes a person "Jewish". Since "ethnic Jew" is often used to distinguish non-practicing from practicing ("religious") Jews, a more precise term might be "Cultural Jew".

The term sometimes can refer exclusively to Jews who, for whatever reasons, do not practice the religion of Judaism, or who are so casual in their connection to that religion as to be effectively not Jews in the religious sense of adherent to Judaism. Typically, ethnic Jews are cognizant of their Jewish background, and may feel strong cultural (even if not religious) ties to Jewish traditions and to the Jewish people or nation. Like people of any other ethnicity, non-religious ethnic Jews often assimilate into a surrounding non-Jewish culture, but, especially in areas where there is a strong local Jewish culture, they may remain largely part of that culture, even to the point, for example, of participating in many Jewish holiday traditions, or of retaining a diet that stays close to the kosher laws.

"Ethnic Jews" include atheists, agnostics, non-denominational deists, Jews with only casual connections to Jewish denominations or converts to other religions, such as Christianity or Buddhism. Many ethnic Jews reject the traditional Halakhic view of Jewish identity being based on matrilineal descent, and consider someone Jewish if either parent is Jewish.

Religious Jews from any of the main Jewish denominations reach out to ethnic Jews, and ask them to rediscover Judaism. In the case of some Hasidic denominations (eg. Chabad-Lubavitch) this outreach extends to active proselytizing.

Israeli immigration laws will accept an application for Israeli citizenship if there is proven documentation that any grandparent—not just the maternal grandmother—was Jewish. This does not mean that person is an "ethnic Jew", but Israeli immigration will accept that person because he or she has an ethnically Jewish connection, and because this same degree of connection was sufficient to be persecuted as a Jew by the Nazis. See Jewish ethnic divisions.

Other

The Juhurim

The Juhurim, a Tat-speaking group of people from the North-Eastern Caucasus, who have been living in that area since at least 722 BCE, consider themselves Jewish although they have a patrilineal, not matrilineal, rule of Jewish descent. (This is of no relevance if both parents are Jewish.) There has been recent speculation about their identity but recently DNA tests have shown that the Juhurim are consistent with the majority of the world's Jewish populations which have been shown to be genetically related to one another.

The Lemba

The Lemba, a Bantu-speaking group of people from southern Africa, have an oral tradition of descent from Jews that has been corroborated by genetic testing which has shown that the Lemba also carry genetic links to other world Jewish communities. They practice forms of animism and Christianity. See also: Jews and Judaism in Africa

"Lost Tribes" claiming Jewish origins

Certain groups claiming to be descendants of one or another of the Ten lost tribes of Israel have recently had their claims formally accepted by the Chief Rabbinate of Israel, and are accordingly generally regarded as Jews. These include:

• The Beta Israel or Falasha, a group formerly living in Ethiopia have a tradition of descent from the lost tribe of Dan. They have a long history of practicing such Jewish traditions os kashruth, Sabbath and Passover and for this reason their Jewishness was accepted by the Chief Rabbinate of Israel and the Israeli government in 1975. They emigrated to Israel en masse during the 1980s and 1990s, as Jews, under the Law of Return. Some who claim to be Beta Israel still live in Ethiopia.

• The Bnei Menashe is a group in India claiming to be descendants of the half-tribe of Menashe. Members who have studied Hebrew and who observe the Sabbath and other Jewish laws received in 2005 the support of the Sephardic Chief Rabbi of Israel in arranging formal conversion to Judaism. Some have converted and emigrated to Israel under the Law of Return.

Other claims of lost tribe status or other Jewish origin, however, have not yet been accepted.

• A tribe of Siberian Asian origin based in Central Russia connects their claims of Jewish rather than pantheistic practices with the Khazars. The latter, an invading tribe from either Mongolia or Kazakhstan that conquered and ruled Russia in the 12th century, is said to have adopted Judaism instead of Christianity or Islam, by their leaders' preference.

• A tribe in western Myanmar (Burma) near the Indian and Bangladeshi borders has sought genetic research to vindicate that their ancestors were Syrian and Iranian Jews. Judaism has not became a major theological force in Southeast Asia, although some introduced religions such as Hinduism and Islam, which converted several tribal groups, have existed in Indochina (Thailand, Cambodia and Vietnam) for hundreds or thousands of years.

• A small Hispanic Jewish group in New Mexico has claimed to be the oldest group of practicing Jews in North America, dating back to the first settlers of Jewish descent that left Mexico in 1550 to flee the Spanish Inquisition. As they adapted local Native American Pueblo Indian customs over the centuries, they could fit the description of "American Indian Jews".

In liberal secular societies

Members of most secular societies accept a person as a Jew if they say that they are, unless there is reason to believe that the person is misrepresenting themselves for some reason. Some members of the Reform movement of Judaism have also adopted this viewpoint.

Notes and references

• Kertzer, Morris (1996). What is a Jew?. New York: Touchstone. ISBN 0-684-84298-X.
• Siedman, Lauren. What Makes Someone a Jew?. Woodstock, VT: Jewish Lights Publishing. ISBN 978-1-58023-321-X. {{cite book}}: Check |isbn= value: invalid character (help)

See also

• Jew
• Jewish identity
• Jewish population
• Jewish intermarriage
• Jews for Judaism
• Basic Laws of Israel
• Halakha
• Knesset
• Law of Return
• Matrilineality
• Patrilineality
• Politics of Israel
• Ashkenazi Jews
• Sephardi Jews

External links

• Who is a Jew by JewFaq
• What Makes a Jew "Jewish"? by Chabad
• Reform view of who is a Jew by the Union for Reform Judaism
• Who is a Jew by Jewish Virtual Library
• Orthodox and Non-Orthodox Judaism: How to Square the Circle by JCPA
• Who is a Jew from www.faqs.org
• Matrilineal descent Conservative view
• The "Who Is a Jew?" Controversy by the U.S. Library of Congress
• The Defining of a Nation from www.zehut.net
• HalfJew.com A site devoted to establishing an identity for Half Jews
• Who and What is a Jew? from www.askmoses.com
• Who Is a Jew from www.beingjewish.com
• Jews For Judaism
• Who Is A Jew? 30 Questions and Answers
• The Half-Jewish Network a networking website for adult children of intermarriage
• Jew or Not Jew Jewish celebrities and historical figures
• "How Do You Prove You’re a Jew?" By Gershom Gorenberg (New York Times: March 2, 2008
• Growing up in an Interfaith Family from www.interfaithfamily.com/growingupinterfaith
• "Rabbinical Court Puts Thousands Of Converts in Legal Limbo Ruling Reopens Fractious Debate Over ‘Who is a Jew?’", Nathan Jeffay, The Forward, May 08, 2008