Israeli Law of Return revision is another step to halachic state - opinion

The writer made aliyah 23 years ago in the framework of the Grandchild Clause of the Law of Return.

 Head of the Finance committee MK Moshe Gafni leads a Finance committee meeting at the Knesset, the Israeli parliament in Jerusalem, on January 17, 2023. (photo credit: OLIVIER FITOUSSI/FLASH90)
Head of the Finance committee MK Moshe Gafni leads a Finance committee meeting at the Knesset, the Israeli parliament in Jerusalem, on January 17, 2023.
(photo credit: OLIVIER FITOUSSI/FLASH90)

With the inauguration of the new government, MK Moshe Gafni declared his intention to revise the Law of Return and it seems that we are now at the cliff’s edge. Following his statement, an emergency debate took place in the Knesset, last week, to discuss the proposed annulment of the grandchild clause from the law. This aligns with the coalition’s agreements signed by all the coalition parties, including the Likud.

When I heard of the coalition’s leaders’ intentions, headed by Netanyahu, I became deeply ashamed that things have reached this point. I made aliyah 23 years ago in the framework of this law and had never imagined, even in my darkest nightmares, that an Israeli government would actively promote such a fundamental change to the Law of Return and seek to render it meaningless.

It must be clearly articulated that canceling the grandchild clause in the Law of Return is another step leading Israel towards a state of halacha. Subordinating immigration laws to religious ones will nullify Israel as the state of the Jewish People. Canceling the grandchild clause and allowing the Rabbinate to decide who is Jewish and who can make aliyah has painful consequences.

The boundaries of the Jewish people have never been determined by orthodox halacha. The Zionist movement has always been, first and foremost, a national movement, and the State of Israel was founded as a national home for the Jewish people. Many communities outside of Israel, in North America, Europe, and the former Soviet Union, are part of the Jewish people. This brutal policy, changing the Law of Return and closing the state gates for those who see Israel as their national home will be a tragedy for generations ahead.

Why is canceling the grandchild clause dangerous?

Canceling the grandchild clause has dangerous ramifications not only in times of peace but also in war. We witnessed this during the horrifying battles in Ukraine, as the Law of Return enabled the eligible to make aliyah and rescue themselves from hell. My parents made aliyah from Ukraine at the beginning of the war, and it is terrifying to think what would have happened if standing at the gate to Israel was someone like Communications Minister Shlomo Karhi, showing them the way out.

 MK Moshe Gafni speaking during a session at the Knesset (credit: MARC ISRAEL SELLEM)
MK Moshe Gafni speaking during a session at the Knesset (credit: MARC ISRAEL SELLEM)

Another consequence, no less dangerous, will affect Israeli citizens that made aliyah under the grandchild clause. This makes me truly anxious. Israel is their only home and the only home of their children who were born here and do not know any other reality.

Therefore, the initiative promoted by all factions of the government is a slap in the face for these citizens. It says to them: “you don’t belong, you are here by mistake, if we could have prevented it – you would never have been here and you will always be unwanted citizens.”

Changing the Law of Return and subordinating it to religious laws may also increase suspicion and prejudice towards Israeli citizens from the former Soviet Union. This situation can impair Israeli identity, exacerbate social ruptures, and undermine the attachment of a meaningful segment of the state’s citizens – a situation that no sustainable society desires, or can accept.

And I wonder what the next step will be for those who made aliyah under the grandchild clause. Will the government, at some point, demand an inquiry into our Jewishness? Will we be asked to return our identification as Israeli citizens?

The writer, a social activist in the field of aliyah and integration, immigrated to Israel 23 years ago from Kharkiv, Ukraine. She is the director of media and Russian-speakers engagement at the Israel Hofsheet (Be Free Israel) movement.