FAQ: Who is considered a Jew for the purposes of aliya?
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[Version 1.0 by Gershom Martin (mailto:comartin@wicc.weizmann.ac.il)]
[Last modified 18/06/1997]

In response to some recent questions on this subject, let
me give a lowdown in plain English of the situation. THIS
NEITHER EXPRESSES AN OPINION NOR INVITES ANY OPINIONS.
Additions and corrections are welcome --- arguments for or against 
any of the following clauses should be addressed elsewhere.


There are 3 different issues:

(1) who is considered a Jew according to halacha (as defined by Orthodox
Judaism) and therefore entitled to use the services of the Orthodox rabbinate for marriage, divorce, burial, ...?

  Briefly: anyone born of a Jewish mother or who converted to Judaism
  under Orthodox auspices.

(2) who is recognized as a Jew under the definition of the Law of Return
(chok ha-sh'vut), and registered as such on his/her identity card?

  All persons under (1), except those who (G-d forbid) voluntarily became
  members of another religion and have not formally renounced the latter.

  In addition, all persons who converted to Judaism outside Israel
  under non-Orthodox auspices (as per Supreme Court arrest of 1988).
  The status of non-Orthodox conversions carried out in Israel is
  presently the subject of heated legal and parliamentary debate.

  NOTE: Karaites are considered a separate religious community, but are
  (as far as I know) considered Jewish by ethnicity and qualify under the 
  Law of Return.

  Persons belonging to the Christian sect known as "Messianic Jews" (sic) and 
  similar groups are considered members of another religion than Judaism 
  and thus DO NOT qualify, regardless of whether or not they are Jewish 
  according to halacha. (Position upheld in Supreme Court ruling of Feb.22, 
  1993, available on the internet at 
  gopher://israel-info.gov.il:70/00/constit/leg/930222.leg. )

(3) who can make aliya under the Law of Return?

  All persons qualifying as Jewish under (2); All persons having at least
  one parent or grandparent who would be recognized as Jewish under (2).
  [This is the part that people commonly call "everyone Jewish enough for
   the Nazis to gas them"]

  In addition, anyone married to someone to whom the previous paragraph
  applies.

  Whether or not the Jew (as per (2)) to whom one is married or related
  is still alive or has made aliya is irrelevant.

Any person to whom the above applies can make aliya and receive full oleh
rights provided (s)he is none of the following:
- a person likely to endanger public health or the security of the State
- a person engaged in an activity directed against the Jewish people
- a person with a criminal past likely to endanger public welfare

The full text of the Law of Return (1950) and its amendments (1954, 1970),
as well as the relevant amendment (1970) to the Population Registration Act
(1965), are available online at the WWW site of the Israel Foreign Ministry

http://www.israel-mfa.gov.il/gov/laws/return.html
and at the Gopher of the Israeli Government Information Service
gopher://israel-info.gov.il:70/00/constit/laws/bas.12

A summary of the law on naturalization can be found at:

gopher://israel-info.gov.il:70/00/constit/laws/national.leg

Finally, a fairly comprehensive index of resources relating to
Israeli law can be found at
http://www2.netvision.net.il/~ravia/nf_1.htm

Gershom

----------------------------------------------------------------------------
dr. Jan M.L. Martin                 Senior Lecturer, Computational Chemistry
       Department of Organic Chemistry/Kimmelman Building, Room 262
            Weizmann Institute of Science/Rechovot 76100/ISRAEL
FAX +972(8)9344142  Phone +972(8)9342533  E-mail comartin@wicc.weizmann.ac.il
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