Recently The Chief Rabbinate of the State of Israel repeated
the opinion of their predecessors, prohibiting the enlistment of women in to
the IDF. The Rabbis’ instead suggest girls serve in the national service
program.
Finance Minister Yair Lapid posted on his Facebook page that
the Rabbis’ opinion was a national scandal and in essence a tone of how dare
these state employees who enjoy a good salary as well as other publicly funded
perks speak against women serving in the Israeli Military. Minister Lapid
railed against the Rabbis’ opinion as an insult to all women serving in uniform
and in particular to those women serving in command or in educational roles. Minister
Lapid is so enraged that he pledged an all out campaign to oust the Chief
Rabbis.
Though there have been some efforts to smooth over the relationship
between Minister Lapid’s Yesh Atid party and the Chief Rabbinate what remains
is quite disturbing. In the interest of full disclosure this writer identifies
with Haredi Jewish practice and ideology, however my issue with Minister Lapid’s
posting is more rooting in my capacity as an attorney.
In essence Minister Lapid asserted that as State Employees Rabbis
Lau and Yossef should not and indeed inappropriate to express an opinion on a
matter of Jewish Law that is contrary to State policy. Such an
assertion offends basic tenants of democracy. Certainly Minister Lapid understands
the independence of a democratic state’s judiciary is sacrosanct. An
expectation that a Judge have his or her decisions be mere a rubber stamp of
state policy, offends all principles of Justice... Among a Judge’s core duties
is to tell the State when it is wrong. Indeed the notion of being a state
employee as a basis for restraining a jurist’s judgments/legal opinions evokes
images of tyranny, not democracy.
It cannot be denied a core function of the State Chief
Rabbinate is the articulation of Jewish Law, Halacha particularly in public
matters such as service in the IDF. To hold the Rabbis’ opinions hostage to
their ideological compliance with those in power at the moment should be
considered equally absurd being analogues to muzzling Supreme Justices’ in
exercising their duties.
Further it is distressing that Minister Lapid has that
profound degree of contempt for religion or complete ignorance about the
fundamental aspects of any religion let alone Judaism. Perceiving the Chief
Rabbis as being bought and paid for by the State and therefore they had better
spin the Halacha to fit the State’s policies. Such an understanding of the Chief Rabbis is
reminiscent of the Former Soviet Union‘s official Chief Rabbinate. The thought
that Minister Lapid could make such statements and threats seriously calls in
to question how committed he is to democracy.
The larger question is on the Rabbis affiliated with
Minister Lapid’s party how they could remain affiliated with someone who holds
such deep seeded disdain for Judaism? How could anyone religious or devoutly
secular with even a modicum of understanding of democracy allow the Minister’s
outlandish posting to stand?
