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Diaspora alarm over Israel: Your guide to what the critics are saying

(JTA) — I started reporting on North American Jews and Israel in the last century, and for years covered the debate over whether Jews in the Diaspora had a right to criticize the Israeli government in public. The debate sort of petered out in the early-1990s, when Israel itself began talking about a Palestinian state, and when right-wing groups then decided criticizing Israel was a mitzvah.

Nevertheless, while left-wing groups like J Street and T’ruah have long been comfortable criticizing the Israeli government or defending Palestinian rights, many in the centrist “mainstream” — pulpit clergy, leaders of federations and Hillels, average Jews nervous about spoiling a family get-together — have preferred to keep their concerns to themselves. Partly this is tactical: Few rabbis want to alienate any of their members over so divisive a topic, and in the face of an aggressive left, organizational leaders did not want to give fuel to Israel’s ideological enemies. (The glaring exception has been about Israeli policy toward non-Orthodox Judaism, which is seen as very much the Disapora’s business.)

In recent weeks, there has been an emerging literature of what I have come to think of as “reluctant dissent.” What these essays and sermons have in common, despite the different political persuasions of the authors, is a deep concern over Israel’s “democratic character.” They cite judicial reforms that would weaken checks and balances at the top, expansion of Jewish settlements that would make it impossible to separate from the Palestinians, and the Orthodox parties that want to strengthen their hold on religious affairs. As Abe Foxman, who as former director of the Anti-Defamation League rarely criticized Israel, told an interviewer, “If Israel ceases to be an open democracy, I won’t be able to support it.”

I read through the various ways Jewish leaders and writers here and in Israel are not just justifying Diaspora Jews who are protesting what is happening in Israel, but providing public permission for others to do the same. Here is what a few of them are saying (with a word from a defender of the government):

‘I didn’t sleep much last night’
Yehuda Kurtzer: Facebook, Feb. 8 

Kurtzer is the president of the Shalom Hartman Institute of North America, the New York-based branch of the Israeli think tank that promotes a diverse, engaged relationship with Israel. In a recent blog post, he neatly describes the dilemma of Diaspora Zionists who aren’t sure what to do with their deep concerns about the direction of the Israel government, especially the concentration of power in a far-right legislative branch.

Centrist American Jews who care about Israel are caught between “those to our right who would see any expression of even uncertainty about Israel’s democratic character as disloyalty, [and] those on the other side who think that a conversation about Israeli democracy is already past its prime,” he writes. He is also concerned about the “widespread disengagement that we can expect among American Jews, what I fear will become the absent majority — those who decide that however the current crisis is resolved, all of this is just ‘not for them.’” 

Kurtzer likens Israel to a palace, and Diaspora Jews as “passersby” who live beyond its walls. Nonetheless, he feels responsible for what happens there. “The palace is burning and the best we can do is to tell you,” he writes. “It is also how we will show you we love you, and how much we cherish the palace.”

An open letter to Israel’s friends in North America
Matti Friedman, Yossi Klein Halevi and Daniel Gordis: Times of Israel, Feb. 7 

Three high-profile writers who moved to Israel from North America and who often defend Israel against its critics in the United States — Gordis, for one, has written a book arguing that American Jewish liberalism is incompatible with Israel’s “ethnic democracy” — now urge Diaspora Jews to speak out against the current Israeli government. They don’t mention the territories or religious pluralism. Instead, their trigger is the proposed effort to reform the Supreme Court, which they say will “eviscerate the independence of our judiciary and remake the country’s democratic identity.” Such a move will “threaten Israeli-American relations, and it will do grave damage to our relations with you, our sisters and brothers in the Diaspora,” concluding, “We need your voice to help us preserve Israel as a state both Jewish and democratic.” 

All Israel Is Responsible for Each Other
Rabbi Angela Buchdahl: Sermon, Jan. 27

Buchdahl, the senior rabbi of New York City’s Reform Central Synagogue, isn’t looking to Israeli writers for permission to weigh in on Israel’s political scene. In a sermon that takes its name from a rabbinic statement of Jewish interdependence, she asserts without question that Jews everywhere have a stake in the future of Israel and have a right to speak up for “civil society and democracy and religious pluralism and human rights” there. She focuses on the religious parties who are convinced that “Reform Jews are ruining Israel,” as you might expect, but ends the sermon with a call to recognize the rights of all Israeli citizens, Jewish and non-Jewish, “and also those living under Israel’s military control.” Of those Palestinians, she says, “We can’t feel comfortable sitting in the light of sovereignty next to a community living in darkness and expect to have peace.”

And like Kurtzer, she worries that concerned American Jews will simply turn away from Israel in despair or embarrassment, and urges congregants to support the Israeli and American organizations that share their pluralistic vision for Israel.

On That Distant Day
Hillel Halkin: Jewish Review of Books, Winter 2023  

In his 1977 book “Letters to an American Jewish Friend: A Zionist Polemic,” the translator and author Hillel Halkin made a distinction similar to Kurtzer’s image of Israel as a palace and the Diaspora as passersby: Jews who don’t  emigrate to Israel are dooming themselves to irrelevance, while immigrants like him are living on the stage where the Jewish future would play out. His mournful essay doesn’t address the Diaspora, per se, although it creates a permission structure for Zionists abroad to criticize the government. Halkin sees the new government as a coalition of two types of religious zealots: the haredi Orthodox who want to consolidate their control of religious life (and funding) in Israel, and a “knit-skullcap electorate [that] is hypernationalist and Jewish supremacist in its attitude toward Arabs.” (A knit skullcap is a symbol for what an American might call the “Modern Orthodox.”) Together, these growing and powerful constituents represent “the end of an Israeli consensus about what is and is not permissible in a democracy — and once the rules are no longer agreed on, political chaos is not far away. Israel has never been in such a place before.”

Halkin does talk about Israeli expansion in the West Bank, saying he long favored Jewish settlement in the territories, while believing that the “only feasible solution” would be a two-state solution with Arabs living in the Jewish state and Jews living in the Arab one. Instead, Israel has reached a point where there is “too much recrimination, too much distrust, too much hatred, too much blind conviction, too much disdain for the notion of a shared humanity, for such a solution to be possible… We’re over the cliff and falling, and no one knows how far down the ground is.”

Method to Our Madness: A Response to Hillel Halkin
Ze’ev Maghen: Jewish Review of Books, Jan. 10, 2023

Ze’ev Maghen, chair of the department of Middle East studies at Bar-Ilan University, is hardly a dissenter; instead, his response to Halkin helpfully represents the views of those who voted for the current government. Maghen says the new coalition represents a more honest expression of Zionism than those who support a “liberal, democratic, egalitarian, inclusive, individualist, environmentally conscious, economically prosperous, globally connected, etc., etc., society.” The new government he writes, will defend Israel’s “Jewish nationalist raison d’être, and keep at bay those universalist, Western-based notions that are geared by definition to undermine nationalism in all its forms.” As for the Palestinian issue, he writes, “I’d rather have a fierce, hawkish Zionist in the cockpit than a progressive, Westernized wimp for whom this land, and the people who have returned to it after two millennia of incomparable suffering, don’t mean all that much.”

The Tears of Zion
Rabbi Sharon Brous: Sermon, Feb. 4, 2023

Brous, rabbi of the liberal Ikar community in Los Angeles, doesn’t just defend the right of Diaspora Jews to speak out in defense of Israeli democracy and Palestinian rights, but castigates Jewish leaders and communities who have been reluctant to criticize Israel in the past. “No, this government is not an electoral accident, and it is not an anomaly,” she says. “This moment of extremism has been a long time in the making and our silence has made us complicit.”

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Trump endorses Netanyahu for reelection, warning Israelis against choosing another leader

President Donald Trump endorsed Israeli Prime Minister Benjamin Netanyahu for reelection, giving his longtime ally a major boost just nine days before Israel’s Oct. 27 election, which polls indicate could end without a clear winner.

“Please let this letter serve to represent my complete and total endorsement of Bibi Netanyahu in his upcoming race for re-election as Prime Minister of Israel,” Trump wrote Sunday in a lengthy post on Truth Social, praising Netanyahu as a strong leader and trusted partner in confronting Iran.

Netanyahu, Israel’s longest-serving prime minister, is seeking a seventh term after surviving political crises that repeatedly appeared likely to end his career — most significantly after the Oct. 7, 2023, Hamas attack. Recent polls suggest neither Netanyahu’s right-wing coalition nor the opposition is sure to win the 61 seats needed to form a government in the 120-member Knesset.

In his endorsement, echoing the sentiment of Netanyahu’s campaign, Trump warned Israeli voters that choosing anyone else as prime minister could put more pressure on the United States to deal with threats in the Middle East alone. “If Israel has the wrong leader, which would be anyone other than Bibi, America will have to do this work ourselves, and I am not inclined to do so,” Trump wrote. “Bibi Netanyahu has been strong, brave, and brilliant in the face of tremendous opposition, including that coming from even Israel, itself.”

Gadi Eisenkot, a former IDF chief of staff whose son was killed in the Gaza war, has emerged as Netanyahu’s chief rival. Eisenkot has floated a path to a government that does not require a majority in the Knesset. However, one of his partners in the anti-Netanyahu bloc, Avigdor Lieberman, has said in recent days he would oppose such a move. Recent polling puts Lieberman’s party at an average of eight or nine seats — enough to give Lieberman leverage in who leads the government.

Trump’s endorsement came hours after Netanyahu appeared on another program, the Fox News show Life, Liberty & Levin hosted by journalist and commentator Mark Levin. Netanyahu spoke glowingly of Trump and the importance of his battle to destroy the Iranian threat, as the American public prepares to head to the polls for midterm elections on Nov. 3. In that race, Republicans are fighting to maintain control of the House and Senate.

The U.S. war with Iran, which has slowed the flow of oil through the Strait of Hormuz causing gasoline prices to rise, has been unpopular with American voters and is often cited as one of the reasons Republican politicians could lose their races to Democrats.

Netanyahu made the case on Fox that the defeat of the Islamic Republic and the elimination of its nuclear program was critical to ensuring a safe American future. In the U.S., some lawmakers have insisted that the war was unnecessary.

If Iran can destroy Israel, it will conquer the Middle East, control world waterways and oil supplies and proceed to Europe and proceed “to the next target, which is you,” Netanyahu said, addressing a U.S. audience in his Fox News appearance.

A boost for Netanyahu in the final stretch

Trump has taken a personal interest in Israel’s election, but he held off on endorsing Netanyahu for months, raising questions about whether he was keeping his options open in case the longtime Israeli leader lost. “I’m not involved in [Israeli] politics anymore,” Trump told Time magazine in September. In an interview with Newsmax on Thursday, when asked whether he trusted Netanyahu, Trump said he did not trust anybody.

Sunday’s endorsement comes as Netanyahu steps up his campaign to rally his base and convince undecided voters that his close relationship with Trump is essential to Israel’s security. Trump remains popular in Israel, though his approval has declined in recent months following the ceasefire agreement with Iran. But the move could also complicate the president’s ability to influence what happens after the election, if neither political bloc wins a majority.

Trump has previously shown a willingness to pressure Israeli political leaders, including his public campaign last year for President Isaac Herzog to pardon Netanyahu of corruption charges.

Nonetheless, by declaring that Netanyahu is the only acceptable leader for the U.S. administration, Trump may have made it harder to persuade opposition parties to join a unity government led by Netanyahu if the election produces a political stalemate. It also gives Netanyahu another reason to resist stepping aside in post-election negotiations, knowing that the American president has publicly declared him the only alternative.

Netanyahu has already begun sharpening that message, arguing that he and Trump have unfinished business and only two more years to accomplish their shared goals before Trump’s term ends in January 2029. The messaging carries an implicit warning about Israel’s relationship with Washington after Trump leaves office. Whether the next president is Republican or Democrat, any Israeli leader may find it harder to maintain the same level of personal access and cooperation.

The election also carries broader consequences for American Jewry. Netanyahu has become increasingly unpopular among American Jews and Democrats, many of whom oppose his alliance with far-right and religious parties. A change in leadership could allow Israel to rebuild ties with Democrats and reconnect with parts of the American Jewish community — even without bringing nearly as much change in Israeli policy as some might hope.

Rep. Dan Goldman, a Jewish Democrat from New York who was defeated earlier this year in a primary that focused on his support for Israel, posted on X that the U.S.-Israel alliance “will suffer permanent damage if this Israeli government continues to hold power after the election on October 27.”

Polls point to another deadlock

The latest polls show that Netanyahu faces a difficult path to reelection.

Surveys published over the weekend show Eisenkot’s Yashar party ahead of Netanyahu’s Likud, with the opposition parties holding a combined 55 seats. The two Arab lists — the United List, a coalition of three Arab Israeli parties, and Ra’am led by Mansour Abbas — are generally counted outside either bloc.

Those numbers help explain why Trump’s endorsement matters.

A few additional seats could change the balance of power and determine who gets the first opportunity to form a government. And even if Netanyahu fails to secure a majority, he could still benefit from a political deadlock if his bloc wins enough seats to prevent the opposition from forming a government.

In that scenario, Netanyahu would remain prime minister until a new government is sworn in, potentially setting the stage for another election.

JTA contributed to this report.

The post Trump endorses Netanyahu for reelection, warning Israelis against choosing another leader appeared first on The Forward.

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The Supreme Court considers ‘chutzpah’ case as rabbinical and civil courts collide

Can courts instruct a rabbinical court to withdraw accusations of chutzpah? This unlikely question was posed to the U.S. Supreme Court this month when a nursing home dispute offered a rare window into how American courts and rabbinical courts operate in parallel. The case illustrates how law – and life – get messy when one encroaches on the other’s authority.

The case centers on an ownership dispute over a New York nursing home, with millions of dollars at stake.

To resolve the dispute, one of the parties — Samuel Strulovitch — turned to a beit din, or rabbinical court, in Monsey, New York. Rabbinical courts across the United States regularly resolve a wide range of business disputes like this one. Beit dins have been growing across the U.S., with more locations, increasing caseloads, and a growing number of rulings popping up in civil courts.

Their popularity reflects two legal systems working together. First, Jewish law generally requires disputes between Jews to be resolved before rabbinical courts rather than civil courts — a rule that, like any good Jewish law rule, comes with plenty of exceptions and caveats. Second, American law treats rabbinical arbitration like other forms of commercial arbitration. When parties voluntarily agree to arbitration, a civil court will generally confirm the resulting “award,” giving it the force of a legal judgment. Going to a beit din thus serves two purposes simultaneously: satisfying a religious obligation and resolving a commercial dispute.

In this case, overlapping interests of multiple investors complicated matters. Strulovitch obtained an award from the Monsey beit din granting him an ownership stake in the nursing home. But the proceeding included Strulovitch and one co-owner, while other owners never agreed to submit the dispute to that beit din. That agreement matters to American courts because arbitration rests on consent, and a beit din’s award cannot bind parties who never agreed to its authority.

The result was more than two years of litigation in two civil courts and three rabbinical courts. That litigation ultimately wound its way before Judge Linda Jamieson of Westchester County, New York. Initially, she barred Strulovitch from confirming or enforcing the original rabbinical award while the court considered whether it affected the rights of investors who had never agreed to arbitration. The bar on civil enforcement was largely uncontroversial: deciding whether a religious ruling should carry the force of an American legal judgment is the civil court’s job.

A second injunction, however, transformed this commercial dispute into a constitutional controversy worthy of the Supreme Court’s attention. After Strulovitch summoned another investor, Moshe Bain, before a Brooklyn beit din, Bain asked Jamieson to bar proceedings in any other forum, “including any beis din,” which she did. In Jamieson’s view, the new beit din proceeding could encompass the same ownership disputes already before her court.

The beit din, however, viewed the order as a form of judicial overreach into religious matters. It thus issued a seruv — a religious contempt order that can expose its target to communal shunning — against Bain, citing the “chutzpah of enjoining [Strulovitch] from pursuing his Halachic rights.” The rabbis emphasized that the beit din had acted “of its own volition,” without any request from Strulovitch or his agents following Jamieson’s injunction.

Such a contempt order, of course, carries no civil legal force, but can have reputational consequences — and trigger social sanctions — within the Jewish community. Judge Jamieson nevertheless viewed the beit din’s actions as an attempt to circumvent her injunction and draw the dispute away from her court. She therefore ordered Strulovitch to “take all steps necessary” to have the beit din withdraw it, “including withdrawing the entire proceeding.” And while Strulovitch argued that intervening in internal rabbinical court matters violated the First Amendment, Jamieson concluded that the matters before the beit din were “not religious,” but commercial disputes that her court had authority to resolve under secular law.

It is here that the judge began to veer from her lane, causing Strulovitch to seek emergency relief from the Supreme Court. By requiring Strulovitch to seek reversal of a religious contempt order that has no civil consequences, the court moved beyond determining civil legal rights and into matters of religious practice. Participation in a beit din is both a means of resolving a commercial dispute and a religious requirement, which under Jewish law is no different than observing Shabbat or keeping kosher. Its commercial subject does not erase its religious significance. And under the First Amendment, it is the believer, not the state, who defines what his faith requires.

The key constitutional question is which authority gets to decide. Courts should decide legal questions, such as whether to enforce an agreement to arbitrate before a beit din or give its award the force of a legal judgment.

But questions of whether to pursue a case in beit din or religiously sanction a party for refusing to participate generally stand beyond the court’s authority so long as those decisions do not violate an independent civil legal right.

The same holds for a religious obligation to pay: A civil court can decline to enforce a beit din’s award, but whether Jewish law nevertheless requires payment remains a matter for the beit din. By demanding Strulovitch work to withdraw the seruv, however, Jamieson crossed into determining religious matters — precisely the sphere the First Amendment protects from judicial interference. That boundary makes this case worthy of Supreme Court inquiry: a judge can decide whether a religious ruling has legal force, but deciding what Jewish law counts as chutzpah is another matter.

For now, the Supreme Court has left those questions unresolved. Justice Sonia Sotomayor required Bain to formally respond to Strulovitch’s request — a sign that it warranted closer consideration. And while she ultimately declined to intervene, she left the door open for him to return once the case played out in the New York courts.

No doubt, as the beit din system grows, harder questions will emerge. But a good rule of thumb is this: Matters of religious doctrine, or of a party’s standing in a religious community, generally lie beyond a civil court’s reach, so long as they leave the party’s rights under American law untouched. Matters that affect those rights belong to the civil courts, even if they also implicate matters that Judaism considers religious. That is how these parallel legal systems can operate alongside one another — each staying in its lane.

(Both of us are affiliated with the Beth Din of America, which is not involved in this case.)

The post The Supreme Court considers ‘chutzpah’ case as rabbinical and civil courts collide appeared first on The Forward.

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Huckabee calls settler attack on Washington Post photographer a ‘despicable act of terror’

(JTA) — U.S. Ambassador to Israel Mike Huckabee on Saturday condemned an attack in the West Bank by masked settlers on a Washington Post photographer. The attack, which also targeted Palestinians harvesting their olives, occurred Friday and comes amid a sharp rise in settler violence.

Heidi Levine, the Washington Post photographer who holds U.S. citizenship, described the attack to reporters from her hospital bed.

“I got jumped and I saw in the very beginning at least 25, maybe 50 of them, and I was on the ground and they were kicking me for like 10 minutes,” she said.

“We have called for a full investigation, arrest, and prosecution to the fullest extent of the law to whoever participated in this,” Huckabee wrote on X. “Attacking a female photographer is a despicable act of terror carried out by masked cowards. Dishonorable act of senseless violence.”

Israeli President Isaac Herzog also condemned the “shocking violence” and said he had called Levine to apologize. “I expressed my deepest sorrow to Heidi and apologized for what she went through. The despicable behavior of the perpetrators of this attack does not represent the citizens or the values of the State of Israel.”

Video footage from the scene shows masked settlers surrounding and attacking Levine. Some settlers at the scene were masked and carrying weapons. Palestinians can also be seen throwing stones toward the settlers.

A Palestinian was reportedly shot in additional clashes in the area. The Israel Defense Forces alleged in an official statement that soldiers “fired toward a suspect who ran toward them, carrying a sharp object and posed a threat.” Several vehicles were set on fire by the settlers.

Prime Minister Benjamin Netanyahu was equivocal in addressing the attack, stopping short of directly condemning the assailants.

He said that the circumstances in which Levine was allegedly assaulted “remain unclear,” while adding that “Israel unequivocally condemns violence against anyone.”

According to Netanyahu’s statement, “200 Arabs and far-left activists confronted approximately 40 Israeli youths.”

“We will not allow disputed incidents to be exploited to demonize the hundreds of thousands of law-abiding Jewish residents of Judea and Samaria,” the statement said, using the biblical names for the West Bank.

Netanyahu faces elections in less than two weeks and can ill afford to alienate his far-right coalition partners who are aligned with extreme settler factions.

Israeli opposition leader Yair Lapid, by contrast, issued a forceful condemnation of the attack and linked it to the policies of Netanyahu’s government.

“Jewish terror attacks, this time targeting a Washington Post photographer as well, are not a failure of the government — they are the government’s policy,” Lapid said.

“We will put an end to this. It is a disgrace to the State of Israel, a disgrace to the Jewish people, and a disaster on the international stage,” he added. Settler violence against Palestinians in the West Bank has surged since the Oct. 7, 2023, Hamas-led attack on Israel. Netanyahu’s government has sought to downplay the phenomenon, often portraying the perpetrators as a small group of violent youths. But numerous figures in Israel’s political and security establishments have warned that the violence is a broader and dangerous phenomenon.

Levine told reporters the settlers forcibly took her equipment. “All I remember afterwards is that Palestinians managed to come and rescue me and try to carry me, and then an ambulance came,” she said.

The IDF acknowledged the incident in an official statement, saying that “a female journalist was injured” during a “confrontation.” The military said troops dispersed those involved and that “details of the incident will be examined.”

“Violence against innocent civilians is a grave and intolerable phenomenon that requires a coordinated, multi-agency response. The IDF will work together with the relevant authorities to eradicate this phenomenon,” the military said.

The IDF did not announce any arrests in connection with the attack. Settler violence against Palestinians in the West Bank has frequently gone unpunished, with many such incidents resulting in no arrests.

The Foreign Press Association, which represents international media in Israel and the Palestinian territories, condemned the attack, saying Levine was “badly beaten by Israeli settlers” and had sustained moderate injuries.

“This is the latest in a long line of violent attacks by Israeli settlers against journalists and other civilians in the occupied West Bank. Yet our repeated calls for action to confront this lawlessness have been ignored by Israeli authorities,” the association said.

Matt Murray, executive editor of the Post, issued a statement calling for an investigation. “While we are relieved that Heidi has received medical care and is safe, we are outraged by this unwarranted attack on a journalist doing her job and urge a thorough investigation and follow-through from authorities,” Murray said.

The post Huckabee calls settler attack on Washington Post photographer a ‘despicable act of terror’ appeared first on The Forward.

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