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Bosnian Jews mourn Moris Albahari, one of Sarajevo’s last Ladino speakers
(JTA) — Moris Albahari, a Holocaust survivor, former partisan fighter and one of the last Ladino speakers in Bosnia and Herzegovina’s dwindling Jewish community, passed away at the age of 93 last month.
It is believed that he was one of four native Ladino speakers remaining in a country where the Judeo-Spanish language once flourished and was spoken by luminaries like Flory Jagoda, the grande dame of Ladino song, and Laura Bohoretta, the founder of a uniquely Sephardic feminist movement in Bosnia.
Bosnia’s small Jewish community — with barely 900 members throughout the country, 500 of whom live in Sarajevo — are mourning the loss of a living link to communal memory as well as a dear friend.
“From you, uncle Moco, I learned a lot about Judaism, about life, about nature and especially about people. About both the good and the evil,” Igor Kožemjakin, the cantor of the Sarajevo Jewish community, wrote in a memorial post on Facebook, referring to Moris as “Čika,” or uncle, a term of endearment in Bosnian.
“It is a terrible loss, especially for Sarajevo. Our community is very small, especially after the Holocaust,” Eliezer Papo, a Sarajevo-born Jew and scholar of Ladino language and literature at Ben-Gurion University of the Negev, told the Jewish Telegraphic Agency. “We’re not speaking just in terms of prominent members of the community, we’re speaking in terms of family members. Everyone is like a family member.”
When Albahari was growing up in the 1930s, the Jewish community of his native Sarajevo numbered over 12,000. Jews made up more than a fifth of the city and it was one of the most important centers of Jewish life in the western Balkans.
In his youth, the city was part of what was then the Kingdom of Yugoslavia. Formed out of the borderlands between the Ottoman and Austro-Hungarian empires, it was a multiethnic state composed of Croats, Serbs, Bosniaks, Slovenians, Macedonians, Hungarians, Albanians and more. Among them were many Jewish communities both Ashkenazi and Sephardic.
The unique mix of of Muslim, Jewish, Catholic and Orthodox Christian communities, with their mosques, synagogues and churches defining Sarajevo’s skyline, earned the city the nickname “Little Jerusalem.”
Speaking in a 2015 documentary made by American researchers, “Saved by Language,” Albahari explained that his family traced their roots back to Cordoba before the Spanish Inquisition, and through Venice, before settling in what would become Bosnia when it was part of the Ottoman Empire.
“We didn’t want to ‘just’ write an article about Moris or Sarajevo; we wanted [the audience] to see what we saw and hear what we heard,” Brian Kirschen, professor of Ladino at Binghamton University, who worked on the documentary with author Susanna Zaraysky, told JTA. “This resulted in a grassroots initiative to create the documentary.”
In the film, Albahari takes the researchers and their viewers on a tour through what was Jewish Sarajevo, giving glimpses of the thriving Ladino speaking community in which he was raised and explaining how ithe language would save him many times, when the Nazis and their Croat allies, the Ustaša, came to shatter it.
“In sharing your story of survival during the Holocaust, you opened doors that remained closed for decades,” Kirschen said in a memorial post on Facebook. “Some of your stories were even new to members of your family, but each survivor has their own timeline. While you experienced great pain during your life, from your story, we also learn about moments of kindness and heroism. Through your story, you also taught us about the power of language.”
Albahari wasn’t yet a teenager when, in 1941, Nazi Germany and Mussolini’s Italy invaded Yugoslavia. The Nazis occupied the eastern portion of the country, including what is now Serbia, while they raised up a Croat fascist party, known as the Ustaša, to administer the newly formed “Independent State of Croatia” — often known by its Serbo-Croatian initials, NDH — in the western regions that included the modern-day Bosnia and Herzegovina.
The Ustaša collaborated in the Nazis’ genocidal plans for Europe’s Jewish and Roma comunities, and they had genocidal designs of their own for the Orthodox Serb communities living in the NDH.
To that end they established the Jasenovac concentration camp, which would become known as the Auschwitz of the Balkans. By the war’s end it had become the third largest concentration camp in Europe, and behind its walls the overwhelming majority of Sarajevo’s Jews — at least 10,000 — were massacred. Including Serbs, Jews, Roma and political dissidents of Croat or Muslim Bosniak background, as many as 100,000 people were killed in Jasenovac.
Albahari was 11 years old when the Ustaša came to deport him and his large family to Jasenovac. A former teacher working as an Ustaša guard in the town of Drvar, where the train stopped, warned Albahari’s father, David, about their destination, and he was able to help his son escape from the train.
The teacher helped guide the young Moris to an Italian soldier named Lino Marchione who was secretly helping Jews.
This was the first case when Albahari’s Ladino came in handy. Ladino is largely based on medieval Spanish, with a mixture of Hebrew, Aramaic, Turkish and other languages mixed in. For speakers of Serbo-Croatian, a Slavic language, it’s entirely incomprehensible. But for a speaker of another Romance language such as Italian, it’s not such a stretch to understand, and Moris was able to converse with his Italian savior.
With his family gone, he was taken in by a Serb family, and changed his name to Milan Adamovic to hide his Jewish identity. Still, by 1942, it became clear that neither as Adamovic nor Albahari would he be safe in the town. So he fled to the mountains.
“If there was [a battle] I took clothes from a dead soldier to wear, I lived like a wolf in the mountains, you know. Visiting villages [asking for something] to give me for eating, it was a terrible time,” Albahari recalled in “Saved By Language.”
He would only feel safe in villages under the control of partisan forces. Yugoslavia was the only country in Europe to be liberated from Nazi rule by its own grassroots resistance.
During his time in the mountains, Albahari joined up with a partisan unit aligned with the movement of Josip Broz Tito, who would lead Communist Yugoslavia after the war. By the war’s end, Tito’s partisans numbered over 80,000 and included more than 6,000 Jews, many in prominent positions, such as Moša Pijade, who would go on to serve as vice president of the Yugoslav parliament after the war.
Moris was out on patrol as a partisan when he came upon a group of American and British paratroopers. They raised their weapons at him, thinking he was an enemy. Moris tried to communicate, but he spoke no English.
When he asked the soldiers if they spoke German or Italian, they shook their heads. When he asked about Spanish, one perked up: a Hispanic-American soldier by the name of David Garijo.
In Ladino, Alabahari was able to explain that he was not an enemy but could lead them to a nearby partisan camp where they would be safe.
“Ladino saved my life in the war,” Albahari recalled in the documentary.
At the partisan camp, Morris received even bigger news: The family that he had assumed had all perished after he left the train were in fact alive. The former school teacher and Ustaša guard who had warned his father had met them at the next train junction to help them escape. Furthermore, around half of the Jews in the train car were able to escape using the same hole Moris used during his initial escape.
Ultimately the family all survived the war, unlike so many other Jews of Sarajevo.
“Where is Samuel, where is Dudo, where is Gedala? They never came back,” Albahari lamented, listing missing neighbors while walking through Sarajevo’s old Jewish neighborhood in the documentary. “Maybe we are happy because we are alive after the Second World War, but also unlikely because every day we must cry for these dead people.”
When Moris returned to Sarajevo, it was an entirely different place from the bustling Jewish community he had once known.
Gone was the sound of Ladino in the streets and alleyways of Bascarsija, the market district where so many of Sarajevo’s Jews had once lived. Gone were the synagogues — only one of the many synagogues that had existed before WWII still functions. Gone was the robust Jewish life that was once a central part of Sarajevo.
Moris was still only 14 by the war’s end, so he returned to school and ultimately graduated at the top of his class. He became a pilot and later director of the Sarajevo Airport.
In this new world, Ladino was spoken, if at all, only in the home.
“Always, when I hear Spanish, I hear my father and mother, and all the synagogues, prayers in Ladino and rabbis who spoke Ladino. But that is in the past,” Albahari says in “Saved by Language.”
Eliezer Papo, who is a generation younger than Albahari, recalled that in his youth Ladino had long been reduced to a language of secrets.
“Mostly, Ladino was used when the elders didn’t want youngsters to understand,” Papo said.
Only later, in the 1980s, did community members realize what was being lost and begin to gather to maintain their language, recount what Jewish Sarajevo had been like and share their wartime stories of survival.
“He never took his story to the places of revenge, but he took it and his life experience to a place of ‘Never again,’ not just ‘Never again for Jews’, but never again for anybody,” said Papo.
Like many Sarajevans, World War II would not be the last major conflict Albahari would see. Less than 40 years later, war would once again come to Sarajevo with the break-up of Yugoslavia.
From 1992-1995 the city remained under constant siege by Bosnian Serb forces looking to break away from what would become Bosnia and Herzegovina. Moris joined with other Jews of Sarajevo in working to provide aid to their fellow Sarajevans during the harsh period.
Sarajevo’s synagogue was turned into a shelter and a soup kitchen. The community ran a network of underground pharmacies and a message service allowing Sarajevans to get word to family and friends outside of the city during what became the longest siege of a capital city in the history of modern warfare.
“Moris was an inspirational persona to many members of Jewish community and La Benevolencija,” Vlado Anderle, the current president of that local Jewish humanitarian organization told JTA. “He was a man with such inviting spirit and energy.”
When the dust settled on the breakup of Yugoslavia, and the new Bosnian state rose from its ashes, Moris found himself once again in a new role.
During the communist era in Yugoslavia, religious activity was discouraged. Sarajevo’s Jews emphasized the ethnic character of Jewish culture rather than the religious one. In the new Bosnia and Herzegovina, that was no longer true. So the community worked to reconnect with their religious identity as well.
“Everybody looked up to the people who had Jewish upbringing before the Second World War,” Papo recalled. “This doesn’t mean that they were rabbis. Just that they knew it better than anyone else.”
Moris, whose formal Jewish education ended in his preteen years, was appointed president of the community’s religious committee.
As such it often fell on him to represent Judaism to the Bosnian society at large, often in a very creative way, according to Papo, who in addition to being a scholar of Ladino is ordained as a rabbi and serves the Sarajevo community as a rabbi-at-large from Israel.
In one case, while being interviewed on a major Bosnian television station, Moris was asked why Jews cover their head with a kippah or other hat during prayer. Moris’ response, or rather creative interpretation, as Papo called it, was made up on the spot.
Moris’ interpretation began with the ancient temple in Jerusalem where Jews once had to fully immerse in a ritual bath before entering.
“Since the Temple in Jerusalem was destroyed it was reduced to washing the uncovered parts of the body only, before entering a synagogue, similarly to Muslims: the feet, the head, the hands…” Papo recalled him saying. But in Europe, as Moris’ answer went, they began to cover more and more of their body. “In Europe they started wearing shoes, so the feet were not uncovered anymore, and then they started wearing a hat, not to have to wash their head… you know it’s Europe, one could catch a cold if going out with wet hair…”
“A few months later, I came to Sarajevo, and found that everyone has heard this explanation and is talking about it, not just people in the community, but in the street,” Papo said. “And you know, I let it pass, I couldn’t correct them, it was just so beautiful. That was his genius.”
“Identity is all about telling stories. And Moris was one of the great storytellers of the community,” Papo added. And through his stories he expressed an identity which was “made of the same contradictions that Sephardic Judaism is made of, that Sarajevo is made of, that Bosnia and Herzegovina is made and that Yugoslavia was and is made of and that the Balkans are made of.”
Albahari is survived by his wife and a son.
—
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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.
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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.)
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