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How hard is it to talk about Israel? We asked 4 Jewish teens

(JTA) — In addition to juggling school, extracurriculars and trying to fit in, American Jewish teens have the added challenge of trying to foster a relationship with Israel in an increasingly hostile environment. Proposed judicial reforms by Israel’s far-right government and terrorist attacks and reprisals have led to a sense of crisis within Israel and its supporters and critics abroad. Discussions in America about the United States’ continued support for the state are front and center on the political stage, and teens have noticed. 

The Jewish Telegraphic Agency gathered four teens from across the country to talk about their relationship with Israel. Their thoughts are uniquely influenced by their experiences as American Jewish teens who are constantly surrounded by those who often challenge their support and connection to a country where many have family or friends. They are also hesitant to voice their views about Israel due to fear of backlash from critics of Zionism or being told that they are not pro-Israel enough by its fiercest supporters. An edited transcription of their discussion is below.

JTA: How would you describe your relationship with Israel? 

Gayah Hampel, 15, Houston:  I have a lot of family in Israel, and I haven’t been there since I was 8 years old, but I really, really want to go again. The trip was a very important part of my life, even though I don’t remember much from it. Israel’s history is very important to me, and I really want to go back to take in all the religious stuff there and all the history, because that really fascinates me. 

N.Z.,15, Los Angeles (N.Z. asked that their full name not be used because they do not share that they are Jewish and are concerned about antisemitic attacks): I have some family in Israel, but I only visited there once before COVID started. I’m not totally connected to it, because I don’t really talk to my Israeli cousins a lot since they live so far away and the time zones are far. I don’t really have a huge connection to it.

Avi Wolf, 14, Cleveland: I go to a school that’s based on Zionism, and we learn a lot about Israel and Israeli history in our school. We have a ton of teachers who are from Israel, and I visit every Passover along with keeping in touch with my Israeli friends a lot, so I have a very strong connection to Israel.

Emmie Wolf-Dublin, 15, Nashville: I write a lot about Israel for my local paper. I’ve never been, but I have a lot of family there. It’s really important to have a connection to that land, and I feel like it’s definitely important to me. One thing that I’ve thought a lot about, is the whole idea: Would you go fight for your country, for Israel, if there was some war to happen? I think I would. 

JTA: If you had to describe your biggest concern about Israel in one or two words, what would it be? 

Wolf: Probably safety. 

Hampel: The growing terrorist attacks.

N.Z.: Safety and reputation. 

Wolf-Dublin: Reputation, publicity.

JTA: What do you mean when you say reputation? 

Wolf-Dublin: My personal belief is that it’s not so much about Israel’s actions, but the way that Hamas and Palestine and the Palestinian Authority present them to the world. We would have a lot fewer issues on our hands if we were more careful about that and [would have] a lot more allies on our side if we made different choices in that sector.

N.Z.: Jewish people are already hated enough, especially in America, just for believing in Judaism. Having the addition of making it seem like we’re stealing this land away from Palestinians, people just find more and more ways to be antisemitic towards us and be like, “Oh, well, we have a reason.” So, the more bad things happen and the more things that get blamed on Israel, the worse antisemitic attacks will become.

JTA: Avi and Gayah, you both talked about safety. Is that safety from terrorism within the country or safety from foreign countries? Or both? 

Hampel: I would say both, but mainly, what’s happening inside the country because a lot of people living in Israel are also doing the terrorist attacks and physically attacking army personnel and citizens. So [I’m mainly worried about attacks from the] inside because it’s destroying us from inside, which is much scarier than from outside.

Wolf: It’s mainly that there’s a lot of terror attacks. There are a lot of other countries, like Iran, Syria and Lebanon, who surround Israel. They’re very big enemies with Israel, and they have a lot of power, so it’s always scary for the people inside but also [Israel is] the only Jewish state in the world. It’s the one place that all Jews can go and know they’re safe. If Jews don’t have a homeland anymore, it’d be a big issue.

JTA: What is your opinion on equating anti-Zionism with antisemitism? If someone is anti-Zionist, does that necessarily make them antisemitic? 

Wolf: In the past, anti-Zionism and antisemitism were very different things before the creation of Israel, but now, in our modern times, there are Jews who are very anti-Zionist and don’t believe Jews should have Israel. If you’re not a Jew, and you’re just a person who’s anti-the State of Israel, which is the only state of the Jews, you can’t antagonize Israel or be anti-Zionist without being antisemitic, even if it’s indirect. 

Wolf-Dublin: I agree, and I would honestly say that denying Israel’s right to exist and denying the Jewish connection, I think Jewish connection to Israel even more so, but Israel’s right to exist too. I feel like they’re both outright antisemitism.

JTA: Have you ever experienced anti-Zionism or antisemitism against you? 

N.Z.: I haven’t personally experienced antisemitism because I don’t share that I’m Jewish at my [public] school. I do see a lot of Israel-Palestine stuff online, and people are like, “get the Jews out, give it to Palestine.” We had a basketball game at this Jewish school that some of my old classmates went to a week or two ago, and they played against a non-Jewish school and they were holding up photos of the Palestine flag and swastikas and screaming Kanye West at some of the kids. It was really bad. I don’t know all the details because I wasn’t there, but I heard it was bad.

Wolf-Dublin: I live in Nashville, and Nashville does not have a big Jewish population. It’s in the south, there’s a lot of anti-Israel stuff, especially at school, but there’s also been Holocaust denial. It’s really everywhere, and I’m also really linked in the Jewish community, so I feel like it’s part of that. I had a teacher who had family in Palestine, and she got into this entire fight with me about it. She left earlier on in the year, so that was a win. I don’t understand how you can do that and still call yourself a professional. So I stopped paying attention in that class because why should I pay respect to someone who can’t respect my heritage?

Hampel: I haven’t personally directly towards me, but in seventh grade, a few years ago, when there were rockets firing every day from Hamas into Israel, like non-stop, there were Jews in my grade who were saying, “Israel is in the wrong, they need to stop attacking,” or “they need to stop attacking the innocent Palestinians.” It wasn’t directed towards me, but I still felt like they were, in a way [being anti-Zionist]. It was indirectly affecting me. I do know of Jews who have experienced antisemitism before.

JTA: How comfortable do you feel sharing your attitudes about Israel when around Jews?

Wolf: I feel extremely comfortable sharing all my opinions about Israel, regardless if it is a Jew or not. In Cleveland, most Jews believe in Israel and think the Jews should have a state. I have very strong attitudes towards Israel, and I don’t mind sharing my attitude with other Jews, even if they don’t believe in Israel or think what Israel is doing is wrong because I believe in it. There’s real history, and you can look in the Tanakh (the Hebrew Bible), and you can see the real claims to Israel and everything. That’s why I’m very comfortable sharing with other Jews.

Hampel: I’m extremely comfortable sharing my opinions about Israel with other Jews and also non-Jews as well because I think it’s important. I’ve noticed that there are so many people who don’t know what’s actually going on [in Israel], and the story behind it. It’s important to me that I share that history, and I share my side of [what’s happening in Israel], especially having people in Israel who are very close to me. I’m very comfortable sharing my views on Israel, for that reason. Also it’s part of my personality so even if I don’t mention it, in our friendship, you’ll most likely hear me saying something about Israel.

Wolf-Dublin: I’m sort of both. In terms of Jewishness, I’m always open to talking about that. In terms of talking about Israel with my Jewish friends, I might bring it up, but I’m not always super-wanting to. I don’t know that I generally do pose [questions]. I’m sure I’ve done it before, but with non-Jews, if somebody brought it up to me, I would not be shying away from the conversation. However, I don’t know that I would personally bring it up myself.

N.Z.: I don’t love sharing my opinion of Israel because I’m afraid I might say something wrong, and then people will come after me for it. Sometimes, when I’m not really confident in what I’m saying, I don’t like sharing my opinion because I’m afraid people will try to shame me for it, especially on something so touchy as a subject like this.

JTA: N.Z., you feel that way even around Jews?

N.Z.: Even around Jews, especially. I feel like talking about this kind of stuff would be even more awkward because if I don’t share the same views as them, I feel like they’d be like, “Oh, well, are you trying to say you’re antisemitic or something?”

JTA: How comfortable do you feel sharing your attitudes about Israel when around non-Jews? 

Hampel: I’m comfortable sharing my views about Israel with non-Jews. I personally don’t want to bring it up myself, like Emmie said because if they do disagree with me, I don’t like starting arguments. It’s not something that I seek to do, and so if it becomes an argument, and I started it, that doesn’t sit with me right. However, if it comes up, I will definitely, definitely not back down, and I will defend my opinion. 

Wolf: I also feel very comfortable sharing with non-Jews, but as opposed to what Gayah said, I feel comfortable bringing it up. I don’t mind if someone wants to argue with me about Israel or its attributes. I would obviously want to make sure to show the proper facts, but I feel very comfortable and confident with non-Jews because it’s the Jewish homeland, and I want to fight for what I believe in.

N.Z.: I guess if I’m really, really being pressured to share my opinion, I would, but it’s definitely not something I’d bring up because I don’t really like getting into fights about such touchy subjects.

JTA: Some of you said that you don’t want to express your attitudes about Israel, because you’re worried about starting fights. Has that happened to you?

Wolf: I’ve definitely gotten into arguments, but it has been with Jewish people. It was very interesting because they were talking about stuff, but I could tell it was from the news, but the media was twisting it. It’s like, “Israel attacks the Gaza Strip and fired a missile at an apartment building.” Yeah, it’s true, but they were just doing it after Hamas had killed a bunch of their civilians.

Hampel:  That has happened before. It started not as a conversation about Israel, but it morphed into that, and it was very disappointing to me because it was such a twisted version of Israel that I definitely had not seen before. I definitely don’t believe it at all, any bit of it, and it was also with a Jew. 

JTA: To change topics slightly, what have you heard about Israel’s new government?

Hampel: To be completely honest, I do not follow Israeli politics. It’s not that I don’t want to, but I just don’t. It’s more important to me to know about the events that happen, the dangers that happen, I want to know of that, or the good things that happen too, but the politics, I don’t keep up with that at all. 

Wolf: I’m pretty involved in the politics and everything. In our Hebrew class, we had a whole week, just learning about the Israeli government, how it works, and my teacher presented to us all the political parties during the election. We learn about it, some good, some bad, and I know there’s a lot going on in the media. It’s kind of hard to get the correct sources since I’m not living in Israel.

N.Z.:  I really don’t keep up with politics in general, but I haven’t heard anything about the new Israeli government at all. 

Wolf-Dublin: I’m not very happy about it. I’m pretty into politics in general, but I definitely don’t agree with 90% of the things they’re doing. There’s a bill on drag queens in Tennessee right now that’s probably about to get passed that will outlaw anybody performing in drag. That’s the kind of thing that’s alarmingly similar [in Israel, whose new government includes opponents of LGBTQ rights], and I can see that happening in Israel, and that’s not something I want to see.

JTA: Emmie, you’re seeing trends in Tennessee that are similar to what the new Israeli government is proposing?

Wolf-Dublin: Everybody can have their own opinion, but I have a lot of issues with the current government, and I have a lot more issues with what they’re doing with the judicial system.

JTA: Where do you get your info about the Israeli government?

Wolf-Dublin: Either from my dad or just reading.

JTA: Among the political issues that you think are most important. Where would you rank Israel? This can be compared to hot-button issues, like reproductive rights, the economy, immigration, climate change, LGBTQ rights and concerns about democracy. Where on that list, would you rank Israel?

Hampel: I would say for me that it’s pretty high. I wouldn’t say it’s the highest, but it’s pretty high for me, because even if I wasn’t Jewish, Israel produces a lot of things that everyone uses and has so many inventions that we all use. It’s important to keep that safe, and it’s still a democracy. That’s very important in today’s society. It’s not at the top of my list, but it’s pretty high up. 

N.Z.: I’m not really a political person, so it’s not really the top thing on my mind, but it’s definitely an issue that I read up about every now and then. 

Wolf-Dublin: I don’t know that I have a clear ranking. I don’t think I could clearly rank it, but I would say it’s important, but its politics are only as important to me as a citizen of the world and not so much. Its existence is important to me.

—
The post How hard is it to talk about Israel? We asked 4 Jewish teens 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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