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Israel’s Supreme Court to Hand Down Milestone Decision on Who is a Jew

January 19, 1970
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Israel’s Supreme Court is scheduled to hand down a milestone decision next Friday in a case involving the controversial question of who is a Jew. Each of the nine justices who heard the arguments has written his own opinion. JTA learned today. Altogether, the court’s ruling is said to cover several hundred pages. The case was brought before the Supreme Court a year ago. The plaintiff is Commander Benjamin Shalit, an Israeli Navy officer who is suing to have his children registered as of Jewish nationality although their mother is not Jewish and professes no religion.

In Israel, matters of personal status are governed by religious law. The Chief Rabbinate insists that the Orthodox view be adhered to. It prescribes that a child is Jewish only if its mother was born Jewish or was converted according to Orthodox rites at the time of conception. The case attracted considerable attention here and abroad because its outcome could upset the delicate balance hitherto maintained between the jurisdiction of secular and religious law. Cases brought before the Supreme Court are normally heard by rotating panels of three justices. The Shalit case set a precedent when the original three-man bench referred it to a panel of nine justices. Israel’s Supreme Court has ten members.

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