Shvat 29, 5782

January 31, 2022

POSITION PAPER

The Diaspora communities strongly object to the proposed Israeli Conversion Reform
which would undermine the Diaspora conversion systems and
lead to countless human tragedies for the most vulnerable community members

Background
In January 2022, Minister of Religious Affairs of Israel Matan Kahana presented the outline of
the proposed conversion reform, which would overhaul the existing system for conversions,
currently administered by Israel’s Chief Rabbinate.

The proposed reform would effectively remove the oversight over conversions from the Chief
Rabbinate, transferring it to a steering community. The reform also allows for decentralizing the
conversion system, empowering city rabbis to establish their own conversion courts.

The rationale for the proposed Reform is to facilitate a solution for some 420,000 Israelis
citizens, some of whom are descendants of Jews, but are not halachically Jewish. Today, these
citizens, who lack religious affiliation, cannot marry in Israel, since Israel only has a religious
marriage system.

Overview of proposed legislation

The details of the law make it clear that it is primary purpose is to remove all oversight over
conversion from the Chief Rabbinate and hand it over to political appointees, whether members
of a steering committee or the Head of the Conversion System. While the law stipulates that
conversion will be performed based on “Torah law,” the law draft fails to define this term,
opening it for interpretations that could potentially deviate from normative halachic standards.

Under the reform, the regulation of conversion proceedings would be taken out of the Chief
Rabbinate and transferred to a steering committee, in which the Chief Rabbi and the Prime
Minister would both nominate two members and the Prime Minister, with the Chief Rabbi’s
approval, would nominate the Head of the Committee, thus giving the Prime Minister the
majority. However, the final decision over conversion proceedings would be made by the Prime
Minister and approved by the Religious Services Committee of the Knesset. This provision
effectively politicizes the conversion process, by taking the standard and policy decision-
making powers away from the Chief Rabbi and rabbinical leadership and handing them over to
politicians and political appointees.

Secondly, the reform creates an option for city rabbis to create local batei din, approved by a
government clerk, with no involvement of the Chief Rabbinate. Any ordained rabbi over 35 years
of age could serve as a dayan on a local court, provided that he has 5 years of rabbinical or
educational experience or 2 letters of recommendation (from a city rabbi or from members of the
High Rabbinical Court).

Thirdly, under the law, problematic conversions would be reviewed only by the beit din which
had handled the conversion in the first place (unless it will no longer be operational). Should a
beit din establish subpar standards or abuse its powers, the Chief Rabbi may ask to remove a
rabbi/head of beit din/local beit din, but the final decision would once again not be his.

Rabbinical organizations, the leading batei din as well as Jewish communities across the Jewish
world strongly object to the proposed legislation. This opposition stems from the fact that, if
passed, the reform would wrack havoc on the integrity of the conversion process throughout the
Diaspora, undermine the confidence in the conversion process, and create thousands of human
tragedies for the most vulnerable members of our communities, the converts.

Arguments against the reform

1. Lenient conversion standards for Zera Israel will lead to a wave of intermarriage
throughout the Diaspora

While Israel is home to some 450,000 individuals, who came to Israel under the Law of Return,
there are as many as 9 million people falling under this status and eligible for the Law of Return
throughout the Diaspora.1 It is important to note that a large percentage of these individuals
have no Jewish lineage and are related to descendants of Jews. The new legislation stipulates
that anyone eligible under the Law of Return could access local conversion courts on par with
Israeli citizens.

All major classical and modern halachic authorities concur that the acceptance of mitzva
observance is a crucial prerequisite for any conversions. The existence of Jewish lineage does
not lower the bar for entry into the Jewish people. This is the position of all leading halachically-
loyal rabbinical organizations worldwide.

While the proposed reform is aimed at preventing intermarriage in Israel, it will in fact
exacerbate the problem both in Israel and around the world. Empowering Israeli rabbis to
perform conversions by following the minority opinions and without requiring the observance of
mitzvot may lead to a massive wave of halachically-questionable conversions throughout the
Diaspora. This in turn will deepen even further the already colossal intermarriage crisis, faced
by Jewish communities throughout the world.

Ironically, as Jewish communities worldwide are investing huge resources into deepening
Jewish identity and preventing intermarriage, with one fell swoop the Israeli government would
legitimize conversions, which are not accepted in the Diaspora, creating tensions and
endangering the unity of the Jewish people. This presents a real danger to the relations
between Israel and the Diaspora and a loss of faith by Diaspora Jews in Israel as a Jewish
state.

Rabbi Berl Lazar, Chief Rabbi of Russia:

“[This reform] sends the message to people that they can go to Israel, find a rabbi who
doesn’t know them, and get a certificate of giyur, without any proper commitment to
Torah and mitzvos. They can get a passport and go live in Israel.

1
Berman Jewish Databank, World Jewish Population, 2019
https://www.jewishdatabank.org/content/upload/bjdb/2019_World_Jewish_Population_(AJYB,_DellaPergola)_Da
taBank_Final.pdf
 The proposed reforms would break a system which has worked for many years – this is
very dangerous, both for Israel and for Am Yisrael. This is the beginning of a downward
spiral, which can have terrible consequences.” 2

Rabbi Yaakov Haviv, Av Beit Din Ihoud Harabanim France:

The conversion process in the Diaspora has always been that each candidate applies to
his or her local beit din and can only convert there. In exceptional cases, applicants from
abroad coming to convert in Israel must meet the criteria of the Law on the Rules of
Procedure for Conversion Applications 2006 and most of them intend to stay in Israel.
Even when some converts return abroad, the local courts approve the conversions done
in Israel, based on the serious and uniform procedures under the sole responsibility of
the Chief Rabbinate.

The proposed reform will harm this system by opening the possibility for anyone eligible
under the Law of Return to convert in Israel. Opening the conversion “market" in Israel
will force the batei din abroad to monitor and evaluate the standards of each Israeli beit
din. This will cause enormous difficulties for converts.

The bill will shock the conversion procedures in the Diaspora by allowing converts to
circumvent the criteria of local batei din and turn to the more lenient ones in Israel.
However, the communities abroad would not be able to accept such converts into their
ranks. The expected result - grave controversy and rift in the Jewish People."

2. Decentralized conversion systems do not work – lessons from the American

experience

Until 2006, the United States Orthodox Jewish community had a decentralized conversion
system, whereby each rabbi or town beit din could perform conversions.

This decentralization created significant challenges, especially considering the variations

inherent in American Jewish life. First, it had become increasingly difficult for sincere converts,
or their children, to receive deserved recognition by rabbinic authorities in other communities
and countries, due to the growing number of outreach and conversion programs. The varying
standards adopted by individual rabbis in various communities created tragic situations in which
sincere converts, or their children, who had gone through the process in a more lenient beit din
were not recognized by the more stringent ones.

Secondly, rabbis, synagogues, and converts themselves did not have access to reliable
information about the conversion process, compounded by the fact that recognition of
conversions was sometimes pursued many years, even decades later. In some cases, the batei
din did not keep a proper paper trail. In others, they were no longer active or even alive.

The outcome of this system were countless human tragedies and severe violations of the
prohibition of ‫אונאת הגר‬.

2
Hamodia Newspaper, Prime Magazine, January 19, 2022, #1194
As a response to these challenges, in 2006, the Rabbinical Council of America and its affiliated
Beth Din of America set out to create a certifiable system, which would eliminate the need to
track down individual rabbis. A comprehensive set of Geirus Policies and Standards (GPS) was
adopted by existing batei din dealing with conversions, as well as by new batei din that have
been established since in places without a functioning beit din. This led individual rabbis to join
forces in a larger regional structure, pool their resources, and agree to adopting common
standards. This program resulted in a more uniform and predictable system, that gave converts
the peace of mind that their conversions would be accepted by any Jewish community, while at
the same time giving communities greater confidence in converts joining their ranks.

The American experience has therefore shown that a decentralized conversion system is a
recipe for disaster, both in terms of conversion standards, community interactions with converts,
and above all the experiences of converts themselves. Rather, a centralized conversion
system, as the one currently in place in Israel, is vital for ensuring a fair and sustainable
conversion process.

Rabbi Michoel Zylberman, Director of GPS Conversions, Associate Director of the

Beth Din of America:
“The irony is that as we have worked hard to create a vibrant centralized network of
batei din for geirus in the U.S. with transparent standards, the current legislative push in
Israel is toward decentralization of geirus with uneven standards.”3

Rabbi Avrohom Union, Rabbinic Administrator, Rabbinical Council of California:

“There have been a great deal of positive steps in geirus made over the past few
decades. The Rabbanut is an important part of preserving that work and the con-
sequences of the changes now proposed would not only cause serious problems for
Israel, but it could have a tsunami effect on us as well.“ 4

3. The Conversion Reform will open a floodgate to subpar conversion throughout the
Diaspora

The majority of mainstream batei din throughout the world agree unanimously that the Chief
Rabbinate is the force setting the tone and preventing havoc in matters of conversion in the
Diaspora. From the perspective of Diaspora rabbis, one of the most important roles the Chief
Rabbinate fills is its recognition of conversion batei din worldwide. Today, a conversion is not
universally accepted unless it is recognized by the Chief Rabbinate. This holds batei din to
certain uniform minimum standards and the fact that only certain courts’ conversions are
accepted in Israel enforces these standards.

While certain stricter batei din adhere to standards exceeding those of the Chief Rabbinate, and
challenge the validity of the current requirements, nevertheless this basic minimum baseline has
wide acceptability and would be meaningfully jeopardized by the conversion reform.

3
Hamodia Newspaper, Prime Magazine, January 19, 2022, #1194
4
Hamodia Newspaper, Prime Magazine, January 19, 2022, #1194
Transferring the conversion system from the Chief Rabbinate to the Prime Minister’s Office will
undermine the authority of the Israeli system in the eyes of all major Diaspora rabbis. The de-
facto oversight of the Chief Rabbinate prevents numerous individuals and groups from entering
the field of conversion and issuing certificates that would not be recognized by rabbinical bodies
and communities in other parts of the world.

The conversion reform would put an end to the Chief Rabbinate’s centralizing influence by
taking the standard-setting power away from the rabbinate and placing it into the hands of
political appointees. If the Chief Rabbinate is no longer charged with setting standards in Israel,
it will obviously have no power to do so in the Diaspora. Furthermore, if certain Israeli cities set
up batei din with lower standards, Diaspora batei din will follow suit, opening the floodgates to
subpar conversions, while at the same time creating chaos in the international conversion
system.

Finally the extremely lower threshold for the appointment of dayanim under the new legislation,
will embolden underqualified rabbis in the Diaspora to hold conversions of their own.

Rabbi Reuven Ohana, Chief Rabbi of Marseilles, France and member of the
Rabbinical Court of the Conference of European Rabbis:
"The reform will undermine tremendously the standing of courts in the Diaspora, causing
unprecedented contempt of courts. Every person will be able to turn his back on
rabbinical leadership and belittle the authority of the courts. With numerous openings
and possibilities, rabbinical courts will lose their power.”

Rabbi Shraga Feivel Zimmerman, Rov and Av Beis Din, Federation of Synagogues,
UK:
“The proposed changes dilute the Chief Rabbinates oversight and will encourage lower
standards of geirus worldwide, creating great division and difficulty in confirming Jewish
status for future generations. This is a travesty that will be regretted for eternity and must
be forcefully opposed.”

Rabbi Avichai Apel, Chief Rabbi of Frankfurt, Germany, member of the Standing
Committee of the Council of European Rabbis:
“Determination of personal status issues also determines the belonging of a person and
his or her family to the Jewish People. ‘Our nation is only a nation through its Torah.’
With this concept Rabbi Saadia Gaon reiterated the mutual commitment, which exists
between the Jewish nation and its Torah. This commitment affects the conversion
process and allows those interested in becoming part of the Jewish People to join
through the study and observance of Torah and mitzvot.

The State of Israel is the safe haven for all the Jews in the world and is the realization of
the vision of the ingathering of the exiles on the path to redemption. The Chief Rabbinate
of Israel is the spiritual and halakhic compass, guiding all Jewish communities loyal to
the tradition, on all questions of public importance, such as organ donation, the release
of agunot and so on. The privatization of the conversion system and its transfer from a
state institution under the auspices of the Chief Rabbis, to diverse institutions run by city
rabbis, who already shoulder tremendous responsibility, will lead to lack of clarity
regarding conversion standards in various locations.
 This will create a patchwork of higher and lower quality conversion, to the detriment of
the converts, who would wrongly assume that their Judaism would be recognized
everywhere. Such a move would also force us, rabbis of the Diaspora, to change our
attitude towards future immigrants from the State of Israel. Instead of accepting them
with open arms we would need to start examining bona fides. The reform’s tragic result
would be mutual skepticism, instead of greater love of Judaism and love of the convert..
Therefore, we call upon the decision-makers and spiritual leaders, whose goal should be
to revitalize, not replace and destroy many years of work, to examine how the current
system can be made more efficient and effective, and marked by love and concern for
the converts."

4. Reforms to the conversion system will jeopardize the status of Israeli converts
abroad

Numerous rabbinical leaders around the world have expressed clearly that should the reform be
implemented, Israeli conversions would no longer be recognized automatically outside the
country. Instead, Israeli converts would undergo increased scrutiny, creating undue hardship for
genuine converts.

Furthermore, the move would endanger the recognition in their home countries of Diaspora
Jews’ conversions performed in Israel, as this would cast a suspicion of a convert “shopping
around” for a more lenient beit din. Such norms are already in place in many European batei
din, yet due to Israel’s uniform standards, Israeli conversions are recognized automatically by
most communities.

Dayan Menachem Gelley, Rosh Beit Din of the London Beth Din, United
Synagogue, UK:
“Our ability to rely on formal Israeli Rabbinate documentation to confirm Jewish status
will be strongly curtailed and more investigations will be necessary. We will constantly be
subject to the question “Mihu Yehudi,” which will split the Jewish nation. It will also cause
pain and hardship to genuine converts who will find that their bona fide conversions are
constantly questioned.” 5

Rabbi Yehoram Ulman and Rabbi Moshe Gutnick, Senior Dayanim Sydney Beth
Din, Australia:
“The conversion process is the 'entry ticket' into the Jewish people. Conversion is a
halakhic issue, decided based on halacha as handed down to us from generation to
generation. These matters can not be legislated and decided on by any political party. All
such decisions must be made with the approval of the Chief Rabbinate and with consent
of the majority of leading rabbis in Israel and the Diaspora. The transfer of the
conversion system to the Prime Minister's Office will undermine the authority of the
Israeli conversion system in the eyes of the vast majority of rabbis in the world.

5
Hamodia Newspaper, Prime Magazine, January 19, 2022, #1194
 The proposal to split the uniform conversion system and establish different rules and
options entails a great danger. The reform will cause an irreconcilable rift in the Jewish
People. It will create a divided Jewish People, instead of a united one.

Diaspora rabbis will not be able to recognize these conversions, causing terrible
suffering to converts. Only a uniform conversion process, agreed upon by the majority of
leading rabbinical authorities around the world will ensure the integrity of the Jewish
People.”

Rabbi Yehia Teboul, Rabbi and Av Beit Din, Leon, France

"The supreme authority of the Chief Rabbinate of Israel is the only authority that can
determine the Jewish identity of a convert, and any weakening of its authority is a
violation of the integrity of the Jewish People. The Rabbinical Courts in the Diaspora
approve and will continue to approve only that which is approved by the Chief Rabbinate
of Israel. Therefore, this reform is a disaster for the Jewish People."

5. The Conversion reform would close the door to converts from numerous Sephardic
communities in North and South America

Following the 1928 ruling by Rabbi Shaul Sutton-Dabbah (Shut Dibber Shaul), only a convert
who had undergone the process in Israel can be accepted by the Argentinian Jewish
community. The ruling was later accepted by numerous Sephardic communities in the US,
Mexico, and Panama.

The conversion reform would effectively close the door to all converts in these countries and
communities, as they would no longer accept conversions performed outside the Chief
Rabbinate.

Rabbi Avraham Serruya, Sukkat David Congregation in Buenos Aires:

“This is a catastrophe for us, and we will do whatever possible to have these orders
rescinded and the authority of the Chief Rabbinate returned to its proper standing.“ 6

Conclusion

In conclusion, while the proposed conversion reform is hotly debated inside Israel, it is
unanimously rejected by all major rabbinical authorities and bodies throughout the Diaspora.

The lack of Jewish status among a substantial population of immigrants from the Former Soviet
Union presents a unique and pressing challenge. It is unclear whether the conversion reform
would be able to solve this complex issue. What is certain is that it will weaken the entire
institution of conversion worldwide. The short-term relief measure is a recipe for a long-term
disaster.

We recognize that the Chief Rabbinate’s conversion process is not optimal and needs
improvement, as do other aspects of this institution. Diaspora Jewish communities and their

6
Hamodia Newspaper, Prime Magazine, January 19, 2022, #1194
rabbinical leadership feel acutely the lack of a centralized halachic authority. However, rather
than give up on and undermine the Chief Rabbinate, we, as a people, need to commit to
fostering its leadership as a respected, unifying force and a beacon of welcoming and
meaningful Jewish engagement inside and outside Israel.

The proposed reform threatens to split the Jewish people and may undermine our national unity.
The Jewish communities we represent share a strong bond of love and care for Israel. The
conversion reform, if passed, will send a strong message that Israel does not reciprocate the
values of ‫ אחדות ישראל‬so dear to us.

We urge you to reconsider the proposed legislation and leave the conversion process under the
auspices of the Chief Rabbinate.