The Gendered Case of Jewish Status Investigations in Israel's Rabbinical Courts

Abstract: In order to be eligible for a marriage or divorce in Israel, one must meet the requirements of the relevant religious institution—which, for Jews, whether or not they are religiously observant, is the Rabbinical Court system. Although both men and women are equally required to prove their Jewish status within this system, the question of "who is a Jew" is really a question of "who is a Jewish woman," since, according to rabbinic law, Judaism is passed from a mother to her children. In recent years, the Israeli religious establishment's growing requirements for "proof of Judaism," especially towards FSU immigrants and their descendants, has led to media attention, social protest and petitions to the civil courts, raising legal questions regarding the authority of the Rabbinical Courts when they conduct investigations into Jewish status and the extent of private information the court can use as part of such an investigation. Investigations into Jewish status take place mostly at lifecycle events, such as marriage and divorce. The verdict is given by an all-male Rabbinical Court, yet the verdict impacts women more than men, because of the implications for their offspring and for some rights in the case of a Jewish divorce. Women in general, and women whose Jewish identity is in doubt in particular, do not belong to the hegemony that controls the religious establishment. This article will aim to understand the jurisprudence of Israel's rabbinical courts on this issue and its implications for women. After reviewing when proof of Judaism is required by the rabbinical court, with examples of Rabbinical Court rulings on this issue that affect women, it will strive to understand how a gender analysis and feminist perspective could impact on the age-old question of "who is a Jew" for matters of "proof of Judaism."