Earlier this month, Israel’s Supreme Court reached a decision that garnered little attention given the nation’s understandable focus on efforts to bring every hostage home and keep our nation protected against a myriad of threats.
While the decision might have been overlooked or perceived as a minor technicality and just another case in the court’s docket, it deserves to be recognized as one of the most important developments in protecting religious liberties in the modern State of Israel.
The decision came in response to a petition jointly presented to the Supreme Court by the Tzohar Rabbinical Organization and Itim. Our objective was to reverse regulations that had been imposed by Religious Services Minister Michael Malkieli, which would have placed the appointment process for local and municipal rabbis in the politicized hands of a centralized selecting body.
In practical terms, the minister’s regulations would mean that all city and municipal rabbis would be chosen by a centralized authority that’s under the control and represents the party and ideals of the minister.
While people might ignore the role of municipal rabbis and the impact they have on our daily lives, they are mandated for overseeing the majority of religious practices that take place in the public domain. This includes kashrut supervision, marriage and divorce proceedings, as well as matters relating to death and burial.
In addition, for many Israelis who don’t have a “personal or family rabbi,” municipal rabbis often serve as confidantes and compassionate voices in times of personal crisis or indecision.
The Supreme Court responded in favor to our petition and now the process of choosing locally elected rabbis will be placed in the hands of the municipal councils themselves. These councils are for the most part reflective of the demographics they represent and are more traditionally in tune with the interests of the local population.
Returning the power to the people
This decision essentially returns the power over choosing the figures most responsible for framing our religious identity to the people who are meant to be represented.
At a time when we often hear about how democracy is fractured and Israel’s citizens have legitimate concerns about the future identity of our Jewish state, this decision is an important ray of hope.
Firstly, it restores confidence in the integrity and judicial responsibilities of our Supreme Court, which decided in favor of the objective interests of Israel’s citizens. The court resisted centralizing such power in the hands of a political elite, which only represents a small sector of the public.
But on a far more fundamental level, this decision will ensure that religious affairs in Israel can better reflect the interests of the majority of our population, which continues to crave a more compassionate and understanding approach to Jewish practice without compromising on Halacha.
Practically, this will mean that rabbis from the religious-Zionist community, who are often shunned by power brokers from receiving any positions of authority, will also be able to attain jobs as municipal rabbis and better serve Israel’s diverse Jewish populations.
For many years, we have been witness to a process where religious affairs have been slowly transferred into the far-reaching hands of political forces that represent only one part of the wider religious world.
Our contention in this petition, which we are deeply thankful was acknowledged, was that government oversight or authority over Jewish practice should not be politicized but must be performed as a reflection of the people being served.
All who believe in a more inclusive, compassionate halachic Jewish future for the State of Israel, respecting traditions and sensitivities of all Jews, deserve to celebrate this decision. With it, we can gain the confidence that Israel can remain a Jewish state where the power of the people remains a supreme value.
The writer is the founder and chair of the Tzohar Rabbinical Organization, and the chief rabbi of Shoham.