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Who Is A Jew?

"? "in Hebrew (transcript Francophone "mihou Yehudi?" , but also because it recalled the similar attempts to characterize "the Jews" by different approaches questionable companies during the darkest hours of Jewish history , the times of the Inquisition or the Nazis, for example.

Currently, the most debated issues about the Jewishness are:

  • the status of children of mixed marriages;
  • the validity of the conversion process monitoring;
  • status of persons born or converted to other religions.

Summary

/ / Who is a Jew according to Halacha?

Who is Israel? The son of non-Jewish have the same rights of inheritance from their father than their brothers, or children of their father's brothers, born of Jewish mothers? A Judean who refuses to sign the Alliance or the cache , who sacrifices to other gods, who denies God, or Minean , they are still children of Israel , taking advantage of their rights and subjected to homework?

The first legislation to address these issues was the result of discussions Tannaim , Wise scanning the Hebrew Bible , based on an oral tradition in order to determine what to do ( halakha ). Y is recognized as a Jew:

  • a person born of Jewish mother (or who had converted to Judaism)
  • a person who adhered to Judaism through religious conversion under the rules of the Halakha.
  • it belongs to one of these categories, his Jewishness is unalterable, even though it would be idolatrous, infidel, heretic or apostate .

Matrilineal transmission of Jewishness has been codified for the first time probably in the Talmud ( TB Kiddushin 68b, elaborating on the Mishnah 3:12 of the Treaty ) . The determination of nationality as the mother is the opposite of what happens in other nations.

The need for a conversion process is recognized by all streams of Judaism ( Karaism included), but the characteristics of that process varies currents. These differences can be sources of tension within Judaism, or be related to more political issues, particularly where they involve the "right of return" and recognition as a Jew in the State of Israel (see below).

Jewish birth

According to the Halacha, Jewishness is passed through the mother, regardless of "nationality" of the father (but taking into account its status, whether Jew ).
According to the rabbis, he was always so, since the giving of the Torah on Mount Sinai. Indeed,

  • Deut. 7:3-4 prohibits any union with the seven nations of Canaan (the rabbis expand this ban to any non-Jew, declaring such a marriage null and void in law) for fear that "it away from your son me "( (ki yassir binkha makhora ett)). Although it appears from the obvious meaning of this verse that fear of cultural influence (especially worship), Rabbi Yohanan relates to the name of Rabbi Shimon Bar Yohai that since the word yassir, is the masculine form, read the fear of deleterious influence cultural concerns only the influence of Gentile on the Jewish girl, why the reciprocal case is it not addressed, and why do we call the grand-son "your son"? Because national identity remains the only child of a Jewish woman, not the child of a Jewish man who marries a local girl. (TB Kiddushin 68b)
  • Ezra 10:10-11 relates the wrath of Ezra the Scribe to union with the "peoples of the country and foreign women", the scribe orders the return of foreign women and their children. Why only women? Because the fruit of the union of a Jewish woman and an Egyptian man is regarded as "being of the community of Israel" ( Lev. 24:10 ).

Objections to the rabbinic understanding

The principle of matrilineal transmission only, however, was debated in the Talmud itself, although discussions were quickly resolved in favor of the matrilineal , and so much more meaningful, by ignoring or rejecting common mosaic the Talmud.

Indeed, a literal reading of the Hebrew Bible shows that:

In fact,

In Israel, Karaites settle in favor of dual parenting (patrilineal and matrilineal) , based on Ezra and 10-10:11 Prov. 1:8.
Exegesis of Ezra they do 10-10:11 presupposes the paternal transmission of national affiliation, so it would be obvious that children Judean who married foreigners do not belong to the people, Ezra, while hunting foreign women and their children, suggesting that they either are not the people.

  • the Mountain Jews and Jews of Kaifeng 's practiced well. However, it was for the Jews of China, influenced by the Chinese Muslims (Hui), and they are not considered Jewish unless you go through a process of conversion.

The biggest departure from the principle of matrilineal descent is, however, progressive Jewish movements, particularly in Anglo-Saxon, not denial of the Talmud, but willingness to adapt to modern times. Indeed, while recommending the conversion of non-Jewish mother to Judaism, the Jewish authorities as Reformed Jews admit children educated as such . The principle of matrilineal or patrilineal transmission was officially adopted in the United States in 1983, and is followed by: Judaism (Liberal Judaism) in England, the Reconstructionist Judaism in the United States, Canada and where he implanted; Progressive Judaism in Australia; a congregation in Austria, and some congregations in Eastern Europe . In contrast, Reform Judaism in Canada and England do not agree, nor Conservative Judaism in the United States.

According to the statement of (in) CAAR , is recognized as a Jew anyone with at least one parent is Jewish, provided

  • she was raised with a Jewish identity (as the standard Reformed)
  • that it undertake an appropriate public recognition of Judaism. According to the congregations, it may be a simple public declaration of belonging to Judaism, or more formal actions, especially if the person was raised as a Christian.

Academic reviews of the rabbinic vision

The Mishna is regarded in the Jewish tradition as the authentic message of the written Torah , conveyed by an oral tradition of exegesis and transmitted without interruption since the revelation on Sinai (BT Gittin 60b). However, it is considered, especially in conservative Judaism as a Pharisee innovation, dependent on historical circumstances of its drafting.

The historian and rabbi conservative Shaye Cohen tries to demonstrate that the principle of matrilineal descent was introduced at the time of the Mishna , breaking with the traditional patrilineal law , . Indeed, the principle of matrilineal seems unknown to the Hebrew Bible and the writings of the first century CE:

  • In the Acts of the Apostles (16:1-3), Paul circumcised Timothy , the son of a Jew and a Gentile (Greek). Yet in an age where Christianity is still regarded as a form of Judaism, Paul says circumcision less important than the faithful observance of the commandments of God. Paul's gesture would be easier to understand if Timothy is regarded not as an uncircumcised Jew, but as a non-Jew, despite his maternal ancestry.
  • In Antiquities of the Jews (xx. 7, 3), Flavius Josephus recounts the conversion and circumcision of the Greek prince Polemon king of Cilicia , in its union with Berenice. However, the rites of passage in Judaism would be useless if the Jewishness of the mother was sufficient to ensure the children.

Philo of Alexandria , who wrote before the time of the Mishnah, called three times, the child of a mixed union nothos (bastard), the parent is the father or mother , which would by Maren Niehoff evidence that Philo acknowledged the principle of matrilinalit .

Michael Corinaldi, a law professor at the University of Haifa , offers several reasons that may have justified the choice of a matrilineal transmission of nationality:

  • biological explanation: the identity of the mother is certain that the father may be questioned; Ezra sought a clear definition
  • sociological explanation: education is the fact of the mother. According to this view, the Jewish identity is highly dependent on education.
  • the political explanation: during the Jewish-Roman wars, the children of Jewish women were raped by the Romans recognized as Jews and not Romans.
  • the demographic explanation: many Jews died in the war, and it was decided to consider Jews as children of foreign fathers.
  • judicial explanation: in the Roman law , children born to mothers of illegitimate and Romans received the mother's nationality and were excluded from the inheritance of the father and benefits conferred on his Roman citizenship. The Talmudic law would correct the foot-cons of this law, in that the mother would allow illegitimate children to enjoy their rights as citizens Judean.

According Shaye Cohen , none of these explanations does, except the possible parallels between Talmudic law and Roman law , as could suggest the style of the Mishnah Kiddushin 3:12. However, he felt himself that there is little evidence to support this assertion . He argues that Tannaim could have established this law based on those of kilam (hybrid - TB Yoma 74a-b).
The original rule was patrilineal, but would have applied only to cases where parents were legally married, or were considered legal spouses, in which case the child has a legal father. In the case of a marriage between two Jews or two non-Jews, the child would inherit his status, Jew or Gentile, his father. In Biblical times, the same rule would apply to mixed marriages, but socially scorned legally possible . However, right from the time of Ezra, Jewish law would have considered these mixed unions as not only prohibited but invalid. Consequently, the child of such a union would have had no legal father, receiving the status of his mother by default , as in England, legitimate children received the father's name, children non-legitimate ones from the mother.
Thus it is only in cases of mixed marriage children inherit the Jewishness of the mother, in normal cases, it would inherit the father's status, but the Jewishness of the mother would be the sine qua non for happen, which would ultimately be considered that this would be a wholly matrilineal.

Joseph Larch insists that its explanation on the population, highlighting a possible chronological relation between the institution of matrilineal and decrees of the Romans and against circumcision although not triggered the revolt of Bar Kokhba , it prevents, at the end of it, to repopulate the Judea with the male element that is missing, having fallen men in war or as slaves. If circumcision is forbidden, the conversion of Gentiles becomes impossible, and any child born to them would be nice as a function of patrilineal descent. To address this problem the matrilineal was established .

Accession to the people of Israel: Jewish by conversion

The fact of joining the 'am Israel is called in Hebrew guiour (), and is rendered in French by "conversion", although the term proselyte ( proslutos, "newcomer - in a foreign country") is more close to the original meaning. After acceptance of the candidate for conversion by a rabbinical court ( Beth Din ), integrating the people of Israel once included a circumcision (mila), immersion in a mikveh (tevila Hebrew / baptis ancient Greek) in the presence of witnesses and the offering of a sacrifice (korban) in the temple of Jerusalem .
This last step is not applicable today, the Temple of Jerusalem was destroyed . In addition, steps were added, during which the applicant's motivation for conversion may be tested, and where he learned Judaism , at least in its theological dimension in its aspect of daily practice of mitzvot .

Jewish sources show over time a relationship rather ambivalent about the accession of proselytes, currently manifested by a reluctance, in Orthodox circles at least, encourage or promote the conversion to Judaism. However, this was not the case in the time of Hasmonean : witness Flavius Josephus in his Jewish Antiquities (XIII: IX 159), who writes that when John Hyrcanus conquered the Idumea , he imposed on its inhabitants for accession to the people Judean (and therefore conversion) or exile.

One can just as easily find in Jewish literature classic praise converted to Judaism and their contribution to the heritage as sources expressing their suspicion plainly , causing the formation of "committee official" overseeing the conversion, as can be seen in the TB Yevamot 47a (as well as the Mishneh Torah of Maimonides - Sefer Qedousha, Hilkhot Issourei biya, c. 13):

"Our masters taught: if, today, a man wishes to become a proselyte, you go to him as follows:" What reason did you want to become a proselyte? Do not you know that today, Israel is persecuted and oppressed, despised, harassed and overwhelmed with afflictions? " If he responds, "I know, and yet I am not worthy," it was immediately accepted, and he teaches a few simple prescriptions, and some stringent requirements ... "

Maimonides states (issur Bia 13:10-12) we must ensure motivations, whether the proselyte does not discount any advantage (as in the days of Solomon), if it does not by fear ( as the time of King David) or if it is in order to unite with a Jewish spouse, but at the same time its kings, there were conversions made by individuals. The main court distrusted, not rejecting them once they had not been baptized (that is to say, went through the mikvah) but close to it once a year.

Nowadays, the problem posed by these committees has increased parallel conversion: the Orthodox rabbinate refuses to recognize the validity of conversions performed by any organization other than his own.
Paradoxically, they are more numerous, the requirements of other less common ones: the Conservative Judaism ("Conservative Judaism" in English) does not hold the observance of all the mitzvot as a condition sine qua non for the conversion, the Reform Judaism welcomes anyone wishing to convert without worrying about his reasons to avoid the disappearance of Judaism. The latter attitude toward circumcision and immersion in a mikvah is not as unequivocal as that of others, although the French branch of Reform Judaism, the liberal Jewish movement in France 's demands, the male can be converted circumcised in surgery provided that the act is overseen by a rabbi who has pronounced the blessing ritual. All require that the proselytes studying Judaism in the conversion process.

The Jewish apostates

According to the definition of religion, Jewishness is unalterable, is not a "confession" but a right of birth or national membership. However, the apostates are ostracized from society and can generally achieve the mitzvot collective.

Implications for Practice of the definition "religious"

The religious definition of Jewishness than one person has many implications, headed by the right and duty to fulfill the requirements of the Bible as well as those of the rabbis (with the exception of the Karaites , who respect only the first) , incumbent upon all Jews and all of them.


Historical Definitions

Who is a Jew according to the New Testament?

In the Epistle to the Romans the Apostle Paul told the Jews of Rome that the Jew is not one who is circumcised in the flesh but he who is circumcised in his heart. Paul was a Pharisee, he fought the first Christians and then became a Christian himself, was persecuted by his former co-religionists.

Who is a Jew by the Inquisition?

(See under discussion)

Who is a Jew under Nazism?

The reconstruction of Germany through the creation Aryan "pure", a decree was promulgated in 1933 shortly after the accession of Adolf Hitler to power.
The Arierparagraph of 11 April 1933 divided the population into Aryan and non-Aryan, the latter being defined as having at least one parent or grandparent recognized Jewish . However, it created a "third race, the Mischlinge (mixed race), "blood and German Jew, posed an ideological and legal problem.

Like the instigators of limpieza de sangre, the question "Who is a Jew? "As is placed on the Ministry of Interior of the Third Reich , less concerned Jews themselves recognized as "unclean" that determine which, although having German blood, were comparable to the Jews or had "joined their ranks" . Unlike the limpieza de sangre, discrimination against Jews was not exercised on their religion, but on their "race" assumption. The conversion of a Jew to Christianity was not enough to put on the same footing as Aryan, Aryan even a previously converted to Judaism could "wash" of his status as a Jew by being baptized .

However, although presented as such by the Nazi party, the definition gave the Arierparagraph a Jew allegedly "was not based on criteria of" racial ", but on membership in the Jewish religion .

The decree Lsen

Decree Lsen was promulgated on 14 November 1935 , shortly after the Nuremberg laws.

Y was defined as Jewish any person who:

  1. had at least three Jewish grandparents (that is to say Jews themselves "full" or "three quarters")
  2. or had two Jewish grandparents and, moreover,
    1. belonged to the Jewish religious community at the date of 15 September 1935 ; or
    2. was at the same time married to a Jew or a Jewess, or shall contract a subsequent marriage or as
    3. was born of a marriage where one spouse was either a Jew "integral" is Jewish "three quarters", if the marriage took place after the commencement of the Act on the Protection of Blood and Honor German (prohibition for Jews to have sexual relations or marry an Aryan, of Aryan household have a younger than 45 years, also enacted on 15 September 1935 ) or
    4. illegitimate child was born after 31 July 1936 extramarital relations with a partner had been a Jew or a Jew "three quarters".

The status of grandparents was based always on the presumption of their membership or past membership (that is, before their eventual conversion to Christianity) to the Jewish religious community .

Was defined as non-Jewish but Mischlinge (mixed) any person who:

  1. had two Jewish grandparents but
    1. not for the Jewish religious community at the date of 15 September 1935 or had previously ceased to belong, and which does not join later, and more
    2. was not at that time married to a Jew or a Jewish (or had ceased to be), and does not subsequently contracted such a union.
  2. having only one Jewish grandparent.

A subsequent settlement of the Ministry of Interior classify Mischlinge the first paragraph as "Mischlinge first degree, those of the second paragraph as" Mischlinge second degree. "
The definition of Jewish descent concerned less Jewish than the Jewish influence .

This definition of the Jew gave birth or contributed greatly to strengthen the problem of half-Jews , these people are not recognized as Jewish by Jewish law if they are not Jewish mother, were nonetheless subject to the same discrimination as Jews, although to a lesser degree, and many non-Jewish halakhic perspective disappeared in the Holocaust as Jewish.

Who is a Jew according to the State of Israel?

The state of Israel provides that any person having at least one Jewish grandparent can claim Israeli citizenship. However, is regarded as Jewish a person born to a Jewish mother or converted. The conversion type is not defined by law, following different legal remedies, the Supreme Court recognizes non-Orthodox conversions performed outside Israel, but not in Israel. This subject continues to generate lively debate in the countries References

  1. The English transcript is "Mihu Yehudi? .
  2. Gershom Scholem , who is Jewish?
  3. That is to say, when these issues were debated, the pagan
  4. By sticking a fake foreskin in order to enter the Greek baths, cf. J. Larch
  5. Babylonian Talmud Sanhedrin 44a.
  6. a , b and c Joseph Larch, father or mother, the origins of Jewish matrilineal
  7. Judaism at the time is not considered a religion, but as the customs of the people of Judea which is or was the nation. See Juvenal Satires IV: 133-160, XIV: 96-106; Dion Cassius History of Rome 37:17
  8. Kiddushin 3:12 ET TB Baba Batra 109b (The father's family is considered one of the child, the family of the mother is not)
  9. This commentary is exegesis of the text relatively late Rabbi Shimon Bar Yohai being contemporary with the revolt of Bar Kokhba
  10. Rav Ya'akov Kfar Niboraya taught in Tyre as the child of a Jewish father was Jewish in its own right even if his mother was not, as it is written (Numbers 1:18) "they recorded according to their families by their fathers' houses. " It seems that this is the opinion of a young rabbi, quickly corrected by an older colleague, Rabbi Haggai ( Yer. , 3:14 ET Yevamot Kiddushin 2:6).
  11. (en) Karaites Kinship, Marriage, and Family
  12. (fr) Presentation differences between Rabbinites and Karaites in Parshat Emor on drash of Y. Geller]
  13. a and b (in) conversion to Reform Judaism , SomethingJewish, accessed March 16, 2006.
  14. (en) Reform Movement's Resolution is patrilineal descent
  15. a and b The Beginnings of Jewishness; theory reviewed by Rabbi Louis Jacobs , (in) There Is No Problem of Descent.
  16. (en) Sorek, Susan: Mothers of Israel
  17. About the Life of Moses 1.27.147 & 2.36.193; Virtues of 40,224.
  18. Maren. R. Niehoff, Jewish Identity and Jewish Mothers: Who Was a Jew According To Philo?, Studia Philonic Annual 11 (1999): 31-54.
  19. Boaz Cohen (Jewish and Roman Law, New York, 1966, p. / Abbr> 133-145), who reviewed this case, there refers to as "attractive alternative". Joseph Larch also rejects such a parallel.
  20. The Arba'ah Tourime teaches that the prohibition of contracting marriages with foreigners applied only seven nations of Canaan, and the extension to all the Gentiles, and the penalties are invalidity rabbinic rather than biblical rules (Tower Even Ha'ezer ch. 16).
  21. However, he did not have the status of mamzer ( Mishnah Kiddushin 3:12).
  22. TB Brachot 47b, 46a-47b Yevamot, see also the websites of the rabbinate of Quebec and Modia.org
  23. While the converted or still owes a sacrifice in the Third Temple cf. the site of the Presbytery of Paris
  24. See the program of study for a (an) applicant (s) to convert the site of the Presbytery of Paris
  25. "Converts a generation show the value of a generation" (Midrash Vayikra Rabbah II, 8)
  26. "The converts have to be careful not to return to their past conduct" (Midrash Bamidbar Rabbah VIII, 2; however, found in the same passage: "The Holy One, blessed be He, like many converts, because they abandoned their families and their father's house to approach Him. ")
  27. a and b Raul Hilberg , The Destruction of European Jews , p. 62, ( ISBN 2-213-01964-9 )
  28. This last point relates to a German with four German grandparents who had converted to Judaism to marry a Jew - Raul Hilberg, The Destruction of European Jews, p. xxx [ref. insufficient]
  29. Raul Hilberg , The Destruction of European Jews , p. xxx [ref. insufficient]
  30. a and b Raul Hilberg , The Destruction of European Jews , p. 67-68, ( ISBN 2-213-01964-9 )
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