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Sicily’s Jews have their first rabbi in 500 years. Italy’s Jewish establishment won’t accept them.
CATANIA, Italy (JTA) — Rabbi Gilberto Ventura believes his synagogue has the most beautiful view in the world. Located in the tower of a century-old castle on the slopes of Mt. Etna in the eastern Sicilian city of Catania, the synagogue is wedged between a snow-capped volcano and the sun-kissed Mediterranean sea.
The 49-year-old Brazil-born rabbi also thinks his congregation is one of the most unique in the world. It’s made up mainly of Bnei Anusim — descendants of Jews forced to hide their religious practice and convert to Catholicism after the Spanish Inquisition of 1492. Before that infamous decree, Sicily was home to tens of thousands of Jews.
The synagogue, which was first inaugurated last fall, is the result of decades of grassroots efforts by those descendants in Catania to find each other and forge a sense of community that had been lacking for centuries.
Hiring a full-time rabbi was the last piece of the puzzle, and Ventura, who has a long history of working with communities of Bnei Anusim in Brazil, was a natural candidate. He arrived in Catania in January.
“I really believe that the future Judaism in the world, especially in some places like Italy and, of course, Brazil, is connected to the Bnei Anusim, and the need to embrace the Bnei Anusim,” Ventura said.
But in an ongoing point of frustration, the formal organization representing Italian Jewry, the Union of Italian Jewish Communities (UCEI), does not recognize them as Jews.
“In the case of Catania, this strange Jewish community hasn’t passed all the steps the law requires,” said Giulio Di Segni, the vice president of UCEI.
He was referring to the fact that the community did not seek UCEI’s permission before establishing themselves under the name “Jewish community of Catania.” Per Italian law, UCEI has a monopoly on acknowledging and establishing Jewish communal life in Italy — including authority over who can use the term “Jewish community of” in formal ways.
“UCEI can’t accept this because it is too easy,” he added. “We are not against their synagogue or their way of prayer, but they cannot use the name ‘Jewish community of Catania.’”
The rooftop of the Castello Leucatia, where the community meets, has a large menorah and a view of the Mediterranean. (David I. Klein)
Catania’s Jewish community members told the Jewish Telegraphic Agency a variety of stories about their Jewish backgrounds. Some came from families that always outwardly identified as Jewish. Others identified the source of family traditions practiced by parents and grandparents who — as descendants of Jews who faced persecution for practicing Judaism — still felt the need to hide aspects of their Jewishness from the public eye.
In the midst of questions about their ancestry, the majority of the Jewish community members have undergone Orthodox conversions. But that hasn’t led to their acceptance.
Benito Triolo, president of the Catania Jewish community, told the Jewish Telegraphic Agency that he first came to Judaism at the age of 40, thanks to the insight of a Jewish friend in Palermo, Sicily’s capital and most populous city. Working together, they established a Charter of Sicilian Jewry, which aimed to identify and highlight the Jewish heritage of neighborhoods across the island.
While working on that project, Triolo came closer to his own Jewish heritage, and after years of study, he completed an Orthodox conversion through a rabbi in Miami 25 years ago.
Another community member, who was born Alessandro Scuderi but today goes by the name of Yoram Nathan, first felt drawn to Judaism as a child watching news of the Six-Day War in 1967. At first, he was laughed at by other members of his family — except his grandmother, who happened to have a tradition of lighting eight candles in early winter and baking flat unleavened bread around Easter time.
Decades of study later, Scuderi also completed a formal conversion to Judaism before an Orthodox rabbinic court, or beit din.
Others had more straightforward backgrounds.
“I was born in a Jewish family,” said David Scibilia, the community’s secretary. “Frankly speaking, we were not hiding or deep in the shadows in this part of the country.”
Scibilia said that his father explained to him that he was a Jew as early as the age of four. Within their own home, they observed holidays and kept Shabbat — no easy task since Italian schools at the time of his childhood in the 1970s had class on Saturdays. He did not eat meat until he was an adult and was able to acquire kosher meat.
He said that his family had maintained their Jewish identity since the days of the Inquisition and married amongst a small group of other similar families.
“I was a Jew, but not part of any community,” Scibilia said. “Just my family was my community.”
An aerial view of the city of Catania shows the Mt. Etna volcano in the background, Jan. 28, 28, 2022. (Fabrizio Villa/Getty Images)
Scibilia explained that once he had a child of his own, he realized he did not want her to have the same lonely Jewish experience. But when he reached out to UCEI, he said he found the proverbial door to organized Jewish life shut. Earning membership in Jewish community organizations across Western Europe involves a strict vetting process, and many groups require applicants to prove their mothers’ Jewishness according to varying standards.
Scibilia’s experience was echoed by Jews outside of the community in Catania and across Italy’s south who talked to JTA — a feeling of neglect or rejection by UCEI for those who fall outside of the norms of Italian Judaism.
UCEI currently recognizes 19 Jewish communities across northern Italy and just one in the south, in Naples, which has jurisdiction over the rest of the southern half of the peninsula and the island of Sicily. The organization recognizes around 28,000 Jews in total across the country.
Scibilia noted that despite his Jewish upbringing, he has multiple certificates of conversion from Orthodox rabbis. The first came from a beit din of American rabbis from who traveled to Syracuse, Sicily, to assess Scibilia and others like him in Sicily. His second comes from the conversion court of the Israeli Chief Rabbinate, which is known for its exacting Orthodox standards.
Both were rejected by Italy’s own Orthodox rabbinate, and he was forced to stand before another rabbinic court in Italy.
“I have at this moment — don’t start to laugh — three documents that prove that I am a Jew, two Ketubah [marriage contracts] for my wedding, and so on, again and again and again,” Scibilia said.
Others’ experiences in the region have been even more fraught, he said.
“The problem in Italy, that if you try to study with any rabbi here, you can study for 20 years, maybe you can die even before you reach the end of the tunnel,” he said. “From my point of view, they are playing with the spirituality of these people.”
In a statement last year, UCEI called the the Catanians “a phantom ‘Jewish community’” and accused them of “misleading the local institutions and deluding believers and sympathizers into adhering to traditional religious rites, never actually recognized or authorized by the Italian rabbinical authority.”
“Between UCEI and the Italian republic is an agreement signed in ‘87,” Di Segni said. “This law means everything about Jewish communities in Italy is through the Union Jewish community in Italy (UCEI).”
Noemi Di Segni, shown in Rome in 2017, is president of the Union of Jewish Communities in Italy. (Stefano Montesi/Corbis via Getty Images)
Triolo said he isn’t too concerned about UCEI’s recognition.
“Ours is a process of refounding old communities that existed as early as 200 and up to 1492,” Triolo said. “Our recognition is already in our history. At that time the UCEI did not exist. We were there and we simply returned!”
No one knows when Jews first arrived in Sicily, but the Talmud tells a story that claims Rabbi Akiva, a well-known early rabbinic sage, visited the island in the early second century and told of a small Jewish community in Syracuse. Some historians believe the Roman writer Caecilius Calactinus — who was born in a town near Messina in the first century B.C.E — to have been of Jewish origin.
All agree that over the course of history, Sicily’s Jews watched as the island was traded between Greeks, Carthaginians, Romans, Arabs, Normans and half a dozen other empires. The narrative has also long been that Jewish life there ended five centuries ago, under Spanish rule.
The Spanish empire’s Jews suffered the same fate as Jews from the Iberian peninsula, who would become known to the world as Sephardim when they were expelled in 1492.
The descendents of Spain — and Sicily — spread throughout the world, establishing communities in North Africa, throughout the Ottoman empire, in the Netherlands and ultimately the British Isles and North America, as it was believed that Judaism faded away in their homelands.
Catania’s Jews disagree, arguing that many Jews practiced their religion over the centuries, in secret.
Triolo and others in the community formally inaugurated their synagogue in October. It was furnished with Torah scrolls donated by the Ohev Sholom synagogue in Washington, D.C.
The synagogue is situated in the tower of the Castello Luecatia, an early 20th-century structure built by a merchant believed to be of Jewish origin. The building was granted to the community by the city’s municipality.
“So they had the people, they had a synagogue, but they needed somebody to teach,” Ventura said.
The community meets in the Castello Luecatia, an early 20th-century structure built by a merchant believed to be of Jewish origin. (David I. Klein)
Ventura, who is Orthodox, may be the island’s first permanent working rabbi in over 500 years, but it’s not his first time working with Bnei Anusim.
Back in his native Brazil, Ventura was the leader of the Synagogue Without Borders, an organization through which he served 15 communities in Brazil’s north that were made up of descendants of Jews who came with the first Portuguese colonists to South America and who ultimately had to hide their identity as the Inquisition spread to the New World.
His work there put him in conflict with Brazil’s Jewish establishment, too. But Ventura is unfazed.
In Brazil, he founded synagogues and summer camps and built mikvahs and yeshivas across the country’s north. Since 2015, he has facilitated the conversion of hundreds of Bnei Anusim, bringing them back into the fold of mainstream Orthodox Judaism.
“I am a teacher since I was 21 years old,” he said. “Now I am 49, along with my wife. It’s one of the things we love to do, and know how to do. To teach Jewish philosophy, to teach Torah, to teach Tanakh, to teach the story of the Jews in Brazil, and now we are starting to teach the story of the Jews in Italy, the story of the Inquisition etcetera.”
In Castello Leucatia, he leads Shabbat services with the energy of a gospel preacher, pausing between prayers to explain a verse, teach a new tune, welcome latecomers, or simply to allow the congregation to talk.
Catania community members are shown at a recent gathering. (David I. Klein)
“This is what’s most important,” he remarked during one such lull on a recent Friday night. “That they get to talk and be a community.”
Ventura had organized a Shabbat event for other Jews across Italy — from Naples to Turin — who shared his belief that the future of Judaism was in communities like the one in Catania.
“Our point of view of Judaism is that we have to be a part of society, we don’t have to insulate ourselves, we believe that Judaism has a lot to contribute to society,” Ventura said. “In Brazil, we have a lot of connections with people from the periphery, in the favela and other communities, immigrants, Indians, etcetera. So that is something we want to establish here, to teach the people a Judaism that brings good things to the wider society.”
Ventura isn’t the only one working with such communities in southern Italy. Across the Strait of Messina, Jewish life has also been on the rise in Calabria — the toe of Italy’s boot — thanks to an American-born rabbi named Barbara Aiello.
Aiello, though raised in Pittsburgh, is of Calabrian descent. She returned to the land of her ancestors in the early 2000s and began working with the Bnei Anusim there, ultimately establishing a synagogue called Ner Tamid del Sud, meaning “eternal light of the south.”
“Until now, nobody took care of Judaism in the south of Italy,” Scibilia said while looking out at the Mediterranean from the terrace of Castello Leucatia.
—
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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.
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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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