[Home]History of Zionism

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Revision 37 . . (edit) November 20, 2001 12:08 pm by (logged).168.153.xxx [*Theodor Herzl founded the Zionist movement.]
Revision 36 . . November 10, 2001 8:26 pm by Uriyan [Reordering of the Rufeisen case]
Revision 35 . . November 10, 2001 8:02 pm by Uriyan [Court rationale in Rufeisen case]
Revision 34 . . October 26, 2001 10:46 pm by (logged).109.250.xxx [deleting reference to Basic Law on Knesset, see /Talk]
Revision 33 . . (edit) October 19, 2001 3:01 am by Uriyan
  

Difference (from prior major revision) (minor diff, author diff)

Changed: 3c3
2. More specifically, Zionism is a Jewish nationalist movement which sought the creation of a Jewish state in Israel. (Some early Zionists proposed that a Jewish state might be established elsewhere instead, such as in Uganda, but nothing ever came of these proposals.)
2. More specifically, Zionism is a Jewish nationalist movement, founded by Theodor Herzl, which sought the creation of a Jewish state in Israel. (Some early Zionists proposed that a Jewish state might be established elsewhere instead, such as in Uganda, but nothing ever came of these proposals.)

Changed: 32,36c32,36
An amendment made to the Law of Return in 1970 provided that

4B. For the purposes of this Law, "Jew" means a person who was born of a Jewish mother or has become converted to Judaism and who is not a member of another religion.

This argues against the claim that being Jewish is a "nationality" rather than a religion; the criteria are the traditional criteria of Judaism, with the added proviso (absent from the Rabbinical definition) that a person who converts to another religion is not to be considered as a Jew. This shows clearly that the authors of the Law of Return intended it as a religious measure, not as a matter of "nationality".
The Law of Return of 1951 stated, basing on the Rabbinical practice, that:
:4B. For the purposes of this Law, "Jew" means a person who was born of a Jewish mother or has become converted to Judaism.
In 1970, an ammendment was made so that the law read as:
:4B. For the purposes of this Law, "Jew" means a person who was born of a Jewish mother or has become converted to Judaism and who is not a member of another religion.
The origins of this ammendment lie in the case of Brother Daniel (Daniel Rufeisen), a Polish Jew persecuted by the Nazis and who converted to Catholicism and became a Carmelite monk. Israel's Supreme Court ruled that he was not eligible for citizenship under the Law of Return because he converted to Christianity. The rationale given by the Court was that the Law of Return was intended to sponsor Zionist consolidation of the Jewish nation in Israel; and by converting and choosing a life path outside of this nation, Rufeisen effectively gave up his intention to become a part of the Zionist effort, thus not qualifying for the Law of Return.

Changed: 38c38
This religious discrimination was in the case of Brother Daniel (Daniel Rufeisen), a Polish Jew persecuted by the Nazis and who converted to Catholicism and became a Carmelite monk. Israel's Supreme Court ruled that he was not eligible for citizenship under the Law of Return because he converted to Christianity. The rationale given by the Court was that the Law of Return was intended to sponsor Zionist consolidation of the Jewish nation in Israel; and by converting and choosing a life path outside of this nation, Rufeisen effectively gave up his intention to become a part of the Zionist effort.
The decision aroused a controversy in the Israeli public. The consensus that emerged from the following public debate, was that since Judaism is not seen by Jews exclusively as a religion (see above), once someone rejects one's nationality, one can no longer simultaneously demand membership in it. Moreover, as a member of European clergy, Rufeisen's personal safety from possible persecution by Nazis was guaranteed. Having spent several years in Israel using a temporary permit, Rufeisen was granted citizenship by the Israeli Ministry of Interior, on the basis of the Law of Citizenship.

Changed: 40c40
The decision aroused a controversy in the Israeli public. The consensus that emerged from the following public debate, was that since Judaism is not seen by Jews exclusively as a religion (see above), if once someone rejects one's nationality, one can no longer simultaneously demand membership in it. Moreover, as a member of European clergy, Rufeisen's personal safety from racist persecution was guaranteed.
Section 4b of the Law of Return argues that being Jewish is both a nationality and a religion. Some could argue, basing on this, that the authors of the Law of Return intended it as a religious measure, thus effectively creating religious discrimination.

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