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How many Hebrew Israelites are there, and how worried should Jews be?

(JTA) — Dressed in matching purple hoodies and shirts, with gold fringes attached to the bottom in observance of Deuteronomy 22:12, hundreds of members of a controversial Hebrew Israelite group marched through the streets of Brooklyn on Sunday.

“Hey Jacob, it’s time to wake up,” they chanted, using a term for people of color who have yet to embrace their “true” identity as descendants of the Biblical Jacob, later called Israel. “We got good news for you: YOU are the real Jews.”

The march and a demonstration that followed at the Barclays Center were organized by Israel United in Christ in solidarity with Brooklyn Nets star Kyrie Irving, who was suspended for eight games after he posted a link to an antisemitic film on social media last month and then was slow to apologize. But IUIC has also used the controversy to promote its incendiary ideology and recruit new followers into what it calls “God’s army.”

After the demonstration — the second held by IUIC outside of the Brooklyn arena this month — the group’s founder posted a message on his Twitter account. “We are not here for violence,” Bishop Nathanyel Ben Israel wrote, “we are here for the spiritual war.”

Before 2019, those American Jews who were even aware of the once-obscure Black Hebrew Israelite spiritual movement likely associated it with the loud but non-violent street preachers who would harangue pedestrians in city centers. In December of that year, however, extremists professing Israelite beliefs attacked a kosher grocery store in Jersey City, New Jersey and a Hanukkah party in Monsey, New York. Two Jews were killed in Jersey City, and a 72-year-old rabbi who was stabbed in the head in Monsey died from his injuries three months later.

With the memory of those attacks still fresh, and against the backdrop of a surge this fall in public expressions of antisemitism combined with threats of violence against Jewish communities emanating from other extremist corners, the militant posturing of IUIC has alarmed many Jews already on edge.

Rabbi Mordechai Lightstone of Crown Heights observed on Twitter that the Israelites who regularly preach near his home on Shabbat have been “particularly aggressive” of late, heaping verbal abuse on both him and his children. On Sunday afternoon, Lightstone posted a video of IUIC members assembling for their march and rehearsing their chants in Grand Army Plaza.

“Terrifying,” commented Elisheva Rishon, a Black and Jewish fashion designer who blames Hebrew Israelites for inflaming tensions between the two communities to which she belongs. A few Twitter users compared the march to the 2017 far-right rally in Charlottesville, at which participants chanted “Jews will not replace us.”

The recent IUIC rallies give the impression that the radical wing of the Hebrew Israelite movement is large and riled up. Meanwhile, recent comments by Kanye West, the rapper who now goes by Ye, and Irving that align with elements of Hebrew Israelite doctrine suggest the movement has broad support among powerful Black celebrities.

But how big is the movement in reality? What percentage are extremists who assail Jews as impostors who stole their heritage from them? And if Black Israelism has entered the marketplace of mainstream religions in the United States, should Jews be concerned?

The numbers

The only available statistics on Israelite identification in the United States were collected as part of a small national survey conducted by an evangelical Christian research firm in 2019. For that survey, which sought to capture African-American attitudes toward the state of Israel, Lifeway Research asked 1,019 African Americans, “Which of the following best describes your opinion of Black Hebrew Israelite teachings?”

Most respondents (62%) said they are not familiar with the teachings, but 19% said they agree with “most of the core ideas taught by Black Hebrew Israelites,” and 4% said they consider themselves Hebrew Israelites. The remaining 15% said they either “firmly oppose” the teachings or disagree with most of them. (The survey did not specify what those teachings are.)

The 2020 U.S. Census put the Black population at 41.1 million, so extrapolating from the Lifeway data, there are approximately 1.6 million Hebrew Israelites in the U.S. — not counting the small numbers of Latinos and Native Americans who also belong to Israelite groups — and 7.8 million people who may not identify as Israelites but who agree with the spiritual movement’s main teachings.

For lots of these people, the attention that West and Irving have brought to their belief system has been validating.

“Israelism is becoming part of the plausibility structure of Black America,” Christian activist and author Vocab Malone told the Jewish Telegraphic Agency, referring to a social context in which certain ideas are considered credible. “The suspicions that a lot of folks have toward the Jewish community, they think they’re vindicated now.”

Scott McConnell, Lifeway’s executive director, told JTA that the survey’s sponsor, the Christian Zionist organization Philos Project, supplied the question about Hebrew Israelite teachings. Asked if there are plans to include similar questions in future surveys, he replied, “I know there are some pastors at African-American churches that have concerns about some of their parishioners being led astray by the teachings of the Hebrew Israelites, so we’ll keep it on our radar.”

Malone, who uses an alias in keeping with hip-hop culture, is a close observer of the Israelite world. The Phoenix resident frequently engages in debates on the street and online with members of groups described as hateful by the Southern Poverty Law Center — including IUIC, Israelite School of Universal Practical Knowledge, Israelite Church of God in Jesus Christ, and The Sicarii — in hopes of convincing them to follow what he considers to be the true path of Christianity.

Founded in 2003, IUIC has proven the most adept at creating public spectacles and garnering media coverage. The group operates 71 U.S. chapters and 20 international ones, according to the Anti-Defamation League, and it holds men’s conferences each year that culminate in choreographed marches on city streets, like the one on Sunday in Brooklyn. Based on the size of those marches, Malone estimated that national membership has grown from around 5,000 in 2015 to around 10,000 today. Other radical groups likely have much smaller memberships but don’t share any figures, preferring to “play their cards close to their chest,” Malone said.

These estimates suggest that the extremists comprise a very small percentage of the 1.6 Hebrew Israelites living in the United States.

Ultimately, IUIC has a goal of recruiting 144,000 Black, Latino and Native American people who will be spared by God during the end time, as foretold in the book of Revelation. In order to achieve this goal, the group sends representatives to proselytize overseas, including in parts of Africa and the Caribbean. (IUIC did not respond to requests for comment from JTA.)

Both the Southern Poverty Law Center and the ADL monitor the activities of IUIC and other radical camps, as Israelites call their groups. However, spokespeople for both organizations told JTA they do not know how many people belong to these camps.

An online movement

What is clear is that the camps have greatly expanded their reach in recent years, taking their message from street corners to the entire globe thanks to the internet and social media. IUIC members run dozens of YouTube, Facebook, Instagram and Twitter accounts where they post a constant stream of videos and memes, many containing antisemitic tropes. One recent Instagram post shows a startled-looking Hasidic Jewish man holding his hat above the words “The Synagogue of Satan.” (Louis Farrakhan, the leader of the Nation of Islam, uses similar language about Jews. A video he recorded this month defending West and Irving has been viewed millions of times.)

The main IUIC YouTube channel, @IUICintheClassRoom, has 126,000 subscribers and 29.4 million video views. A series of videos posted three years ago on the channels of local chapters provide some insight into how members hear about IUIC and why they join.

The most common way these members say they found their way to the camp was via videos they watched online. “Prior to actually coming to IUIC, I did do some Israelite window shopping,” recounts Officer Joshua of IUIC Tallahassee. “I always questioned myself, why is it that our people are at the bottom? How come we get the worst jobs and so forth? I knew Christianity wasn’t answering my questions, so what I did was I just started soul searching.”

As part of his quest, Joshua says he stumbled upon a video of Bishop Nathanyel and other IUIC leaders preaching on the street. “I was like man, these brothers really know what they’re doing, they really have our history,” he says. “That’s what actually made me do more research on IUIC and the truth.”

Sar (“Minister”) Ahmadiel Ben Yehuda speaks at the African Hebrew Israelites’ annual New World Passover celebration in Dimona, Israel, May 2013. (Andrew Esensten)

In another video, Sister Ezriella from the Concord, North Carolina, branch explains that as a young adult, she felt uncertain about her life’s purpose. Then her mother shared information with her about IUIC. “She was so happy it changed her life, I had to take notice and I had to come check it out for myself,” she says. “I fell in love with it. I fell in love with finding out who I am.”

A number of Black, male celebrities have also been drawn into the wider Israelite orbit in recent years, including rappers Kendrick Lamar and Kodak Black, TV host Nick Cannon, boxer Floyd Mayweather and retired NBA player Amar’e Stoudemire.

Some of these celebrities appear to have been exposed to Israelite teachings by relatives and other acquaintances. Lamar, who famously rapped “I’m a Israelite, don’t call me Black no mo’” on a 2017 song, learned about Israelism from a cousin who was involved with IUIC. Black began identifying as a Levite in 2017 after studying scripture with an Israelite priest while serving a jail sentence in Florida. Stoudemire has said his mother taught him he had “Hebraic roots.” (He officially converted to Judaism in 2020, a step most Israelites reject because it contradicts their claims of already being authentic Jews.)

Isabelle Williams, an analyst at ADL’s Center on Extremism who tracks radical Israelite camps, said celebrity endorsements of the ideology can have a big impact because they come from figures who are widely respected.

“If people came upon an extremist Black Hebrew Israelite group street preaching, it might be easier to dismiss it and recognize the extreme ideology behind it,” she said. “But when it’s being shared by these influential figures, people might be less likely to recognize the really insidious ideology and dangerous antisemitic conspiracy theories that are behind these statements.”

Williams added that a range of extremist groups have seized on comments made by West and Irving. “It’s not just BHI and NOI groups that are leveraging this moment,” Williams said. “We’ve seen white supremacists who are also using this recent attention and circulation of antisemitic conspiracy theories to promote their own agenda.”

Rabbi Capers Funnye is the most prominent Israelite leader in the U.S. He serves as chief rabbi of the International Israelite Board of Rabbis, an organization that provides spiritual guidance to about 2,500 people in the United States, along with tens of thousands of Israelites in southern and west Africa.

In an interview, Funnye condemned West, Irving and the radical Israelite camps that have rallied around them. “God is never about divisiveness,” Funnye said. “God is never about hatred. God is never about, ‘You ain’t.’ I don’t have to say what you aren’t to make me who I am.”

A member of the Chicago Board of Rabbis and the leader of a Chicago synagogue with a mixed membership of around 200 Jews and Israelites, Funnye was at pains to differentiate his community from IUIC and its ilk: His follows the Torah and supports the state of Israel, he said, while others follow both the Old and New Testaments, worship Jesus and reject Israel’s government as illegitimate.

“Whatever army that Kyrie is speaking about, we are not a part of his army,” he said, referring to a comment Irving made during an Oct. 29 press conference about how he has “a whole army” behind him.

But Funnye said another of Irving’s recent statements — “I cannot be antisemitic if I know where I come from” — resonated with him and his congregants.

“We are Semitic,” he said of Black people who identify as Israelites, “so now we really have to draw a line when antisemitism is only defined by one’s complexion or ethnicity. We were not the ones that racialized Judaism, and we will never racialize it because Jews are not a race.” (“Semitic” refers to people who speak Semitic languages, such as Hebrew and Arabic.)

Outside of the United States, the largest organized group of Hebrew Israelites is located in Israel. The African Hebrew Israelites of Jerusalem are a Dimona-based community of more than 3,000 African-American expatriates and their Israeli-born offspring.

African Hebrew Israelite youth serve in the army — not Kyrie Irving’s or IUIC’s army, but the Israel Defense Forces. After 53 years in Israel, the community has never been fully accepted, in part because they are not Jewish according to halacha, or Jewish law. Currently, some 100 community members are being threatened with deportation for living in the country illegally.

Ahmadiel Ben Yehuda, the African Hebrew Israelites’ minister of information, said he interpreted Irving’s remarks as a reference to “the global awakening of people of African ancestry to their Hebraic roots.” He said the backlash Irving has faced shows that the conversation around this awakening must involve qualified representatives of communities who can cite reputable sources — not documentaries such as the one Irving boosted — “Hebrews to Negroes: Wake Up Black America” — in support of their claims of Israelite ancestry.

“What is certain is that Israel and Judaism must figure out a way to better accommodate these communities,” Ben Yehuda said. “This is not going to fade away, and it shouldn’t. It will intensify as the awakening continues.”

How this awakening will affect Jews and established Jewish communities remains to be seen.

In September, George Washington University’s Program on Extremism released a report titled “Contemporary Violent Extremism and the Black Hebrew Israelite Movement.” The report noted that the “predominant threat” today comes not from Israelite groups themselves but from “individuals loosely affiliated with or inspired by the movement.”

Malone, the Christian activist, cautioned that as the extremist wing of the Israelite movement grows, more violent lone wolves may emerge.

“There’s a big funnel with any movement, and the bigger the funnel is, you get certain things down at the bottom,” he said. “This is not Buddhism. This is a different kind of thing with a different kind of rhetoric.”

—
The post How many Hebrew Israelites are there, and how worried should Jews be? appeared first on Jewish Telegraphic Agency.

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How much will Trump’s endorsement help Netanyahu?

(JTA) — JERUSALEM – Within minutes of President Donald Trump endorsing Prime Minister Benjamin Netanyahu in a post on Truth Social Sunday, Netanyahu’s campaign team had released a 30-second clip showing all the times Trump has lavished praise on the Israeli leader over the past few years.

With polls showing that Netanyahu and his governing coalition are slipping in their struggle to retain power in the upcoming Oct. 27 election and lag behind the opposition bloc, an endorsement from the president of the United States is a powerful statement.

But is it enough to tip the scales?

“I don’t think it will change anything,” said Ilana Shpaizman, a senior lecturer in the Department of Political Studies at Bar-Ilan University.

Of course, she said, “Netanyahu will say this is the proof that I’m a leader and all that, and I can speak to Trump … But so what? His followers already know that and they believe in him. They don’t need the endorsement.”

Those who oppose him, Shpaizman continued, “know that Trump forced him (Netanyahu) to accept the ceasefire in Gaza and accept the hostage deal, and that Trump runs the show around Iran. So they also don’t need the endorsement either,” Shpaizman said.

Some pundits speaking on Israeli news outlets criticized Trump for “interfering” in Israel’s election, while others put it down to the fact that Trump does not want America to return to fighting Iran alone if Netanyahu, who is hawkish on Iran, is replaced by someone less willing to act militarily. If Netanyahu loses, that is a scenario that could play out.

“This is the first time ever that the president, at least publicly, endorses a candidate in Israel’s election,” Bushinsky, a political commentator and former adviser to Netanyahu, told the Jewish Telegraphic Agency.

Bushinsky said he remembered Netanyahu complaining about U.S. intervention in previous elections in 1999 and 2001, when presidents less enamored of him were in office. He even pushed for an initiative that would block foreign funding for election campaigns.

Now, Bushinsky said, “I guess he is not complaining,” adding that the endorsement serves Netanyahu in two ways.

First, it signals that Trump thinks that Netanyahu is the most suitable guy for the job. Second, it puts Netanyahu’s election campaign back on track, refocusing attention on an issue where Netanyahu is strong – Iran.

“It lets him say ‘I can now finish a job, and I can finish a job with Trump,’ and ‘without Trump or without me, the job will not be finished,’” said Bushinsky.

He said that in the last few days, the political debate had pivoted to other issues such as Ashkenazim vs Sephardim, the draft law and the contentious efforts by the outgoing government to overhaul the judiciary.

“This [endorsement] is the ultimate campaign boost for Netanyahu,” Bushinsky said.

But that boost might not be enough.

Most of the polls taken in recent days show the opposition bloc led by former IDF chief Gadi Eisenkot pulling ahead of Netanyahu’s ruling coalition, but give neither bloc enough seats to gain the necessary 61 of 120 seats in Israel’s parliament, the Knesset, to form the next government.

“I think this might give Netanyahu one more seat, one more mandate, but not more than that,” said Bushinsky.

Prof. Tamar Hermann, director of the Israel Democracy Institute’s Viterbi Center for Public Opinion and Policy Research, said that the timing of Trump’s support for Netanyahu in this election race had come both “too late and too early.”

“It’s too late because people have already decided electoral preferences. They may shift within each bloc, but will not move between the blocs because of this,” she said. “And it’s too early because there are nine days to go to the elections, and we can already see other American leaders spilling some cold water over what he said, even on the Republican side of the aisle.”

This criticism, Hermann continued, will be transmitted to Israeli voters, and they will see that Trump is facing a huge battle in the upcoming midterm elections.

“The image of President Trump has deteriorated significantly since April 26, when he started the negotiations with Iran,” she said, pointing to one of the IDI’s recent public opinion surveys that found the president’s popularity had plummeted after he stopped the war with Iran without totally removing the threats against the State of Israel.

According to that poll, the Israeli public’s confidence in Trump as someone dedicated to Israel’s security fell from around 70% to just 42%.

“In my view, the endorsement will not make a big change,” Hermann added. “It will just strengthen Netanyahu’s political supporters, who will see it as a sign that he is still the internationally known figure that even the president of the United States is endorsing.”

She concluded, “The meaning of endorsement in Israel is totally different than in the United States … we are not that used to this kind of move, and it will not make people change their minds.”

This article originally appeared on JTA.org.

The post How much will Trump’s endorsement help Netanyahu? appeared first on The Forward.

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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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