Problematic Rabbinical Ruling Continued

When I first found out about the Rabbinical letter banning the sale or rental of property to Arabs, I noticed that my old friend and colleague, Nachman Ben – Yehuda, was quoted condemning it in the Toronto Globe and Mail. I then wrote to him asking for more extended reflections for DC. I received this post from him over the holiday weekend. He took his time, he explains, hoping for consequential official response. He offers his sober deliberate considerations. -Jeff

There are times and places where people like to stick together with their own flock, in defined, sometimes confined, geographical locations. In these locations, they live their own life style, with their own dress codes and eat their own foods. The Amish in Pennsylvania and the Jewish ultra-orthodox in Mea Shearim in Jerusalem are two examples. People outside of these communities and non-members may find it difficult to move and live in such social habitats. Moreover, in the case of ultra-orthodox communities, strangers who live in their neighborhoods and practice a non-religious life style may find themselves facing aggression and violence. I am writing about this to contrast it with the call of some rabbis in Israel not to rent apartments to Arabs in Israeli cities.

Israeli Arabs are just that – citizens with full and equal legal rights, and Israeli cities are not confined communities with a uniform worldview and way of life. Israeli cities, like most other cities of the world, are centers of diversity, including the religious and the secular, Jews, Christians and Muslims, old and young, Sephardi and Ashkenazi, etc. These cities are open. Renting an apartment is basically an economic issue. Making and publicizing a general call not to rent apartments to Arabs (or to any other culturally defined group) is quite simply racism.

The rabbinical pamphlet received very critical comments from some Israeli politicians and others, but this did not prevent activists from the Israeli right and religious right to stage a large demonstration on Thursday, December 23, 2010 . . .

Read more: Problematic Rabbinical Ruling Continued

The Israeli Rabbis’ Letter: a Translation

Today we post the controversial Rabbinical open letter in Israel prohibiting as a matter of religious obligation the renting or selling of property to non-Jews, translated and with reflections on its meaning by Iddo Tavory. It has caused great controversy in Israel and beyond (link and link), including at DC as it challenges the meaning of Israel as a democratic and Jewish state. -Jeff

The Translation:

In response to the query of many, we respond that is forbidden, by Torah-law, to sell a house or a field in the land of Israel to a non-Jew. As Maimonedes wrote: “as it is written (Deuteronomy 7:2) ‘thou shalt make no covenant with them, nor show mercy unto them’ which means you shall give them no title to land. For if you do not give them title, their staying shall be temporary.” (laws: 77; 10, 4). And on that topic, the Torah warned in numerous places, that it causes evil and make the many sin in intermarriage, as it is said “For they will turn your sons away from following Me” (Deuteronomy 7:4), which is blasphemy (Maimonedes, 12:6). And it also causes the many to otherwise transgress, as the Torah has warned: “They shall not live in your land, because they will make you sin against Me” (Exodus 23: 33). And the sin of he who sells, and he who profits from it, is upon the heads of those who sell, God shall have mercy.

And evil upon evil, that he who sells or lets them rent an apartment in an area in which Jews are living, causes great damage to his neighbors, and for them it is said “and they shall trouble you in the land where you dwell.” (Numbers 33: 55). For their way of life is different from that of Jews, and some of them harass us and make our life hard, to the point of danger to our very lives, as has become well known on several occasions. And even outside of Israel they have forbidden to sell them in Jewish neighborhoods for this very reason, and all the more so in the land of Israel, as it is elucidated in the [Jewish book of law] Shulhan . . .

Read more: The Israeli Rabbis’ Letter: a Translation

Israel: Jewish and Democratic?

As has been discussed in DC already, the notion of Israel as a Jewish and democratic state presents serious problems. (Roadblocks to Peace and Two-Sided Response) While recognition of the Jewish State has been used as a condition for peace talks, the enactment of the Jewish character of the state (something that implies much more than Israel as a Jewish homeland) has challenged the democratic rights of the twenty per cent of Israel’s population that is of Palestinian origin.

A religious edict forbidding Jews from renting or selling property to Arabs and other non-Jews is a most recent example that has caused great controversy. My Israeli friend and DC contributor, Nachman Ben Yehuda, was quoted about the Rabbis edict in The Globe and Mail of Toronto: “Their ultimate goal is a theocratic state….In the meantime, they want to enforce division between the ultra-Orthodox and everyone else.”

But things look even more critical from the Palestinian point of view which became apparent to me when I came across an email note from Amal Eqeiq, a Palestinian with Israeli citizenship who is studying in Seattle. We worked together planning a research project on the politics of small things in Israel-Palestine. In her note, she makes clear that the democratic legitimacy of Israel is at stake. I present her message today, unedited, hoping it provokes serious deliberations.

So, 50 Rabbis signed up a religious call- Psak Halacha – asking Jews to NOT rent for Arabs. Yes, I understand that they don’t represent everybody, and that they are taking advantage of religion for political gains, and that there are different opinions, and that it is not legally binding, and that some lefties will protest in the name of human rights and for keeping face, and, and, and…”Amal, don’t take it personally,” BUT, WHAT THE FUCK?

Here is my observation about the (always guilty) Israeli media.

Haaretz says the letter is addressed for non-Jews (link) …they don’t say Arabs only…and I ask “really Haaretz?! 3anjad!! Thank you for watering down apartheid rhetoric. As a non-Jew, I feel much better now.

And of course, there is Yediot Ahronot with . . .

Read more: Israel: Jewish and Democratic?