Debunking Viral Claim About the Talmud and Minors
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A Supreme Court case exposes a profound question: if Jewish identity isn’t just belief or behavior, what is it—nation, family, religion, or something uniquely all three?
A Jew from Poland named Oswald Rufeisen converted to Christianity and became a Carmelite monk, taking the name Brother Daniel. Despite his conversion, he continued to identify as a Jew and in 1958 applied for citizenship in the State of Israel on the basis of his Jewish birth. One of Israel’s central doctrines is the Law of Return, guaranteeing the right of every Jew to immigrate to Israel and to become a citizen.
The Israeli Ministry of the Interior, uncertain how to proceed, referred the matter to the Israeli Supreme Court. The Court faced a profound dilemma. If it were to rule that Brother Daniel was no longer Jewish because he had abandoned Judaism, it would effectively declare that Jewish identity depends upon observance of Jewish law and belief. Yet most members of the Court—and a substantial portion of Israeli society—were secular and did not themselves observe Jewish law. On what grounds, then, could they deny Brother Daniel’s Jewishness?
Brother Daniel embraced Christianity and lived as a Carmelite monk. Should he be regarded as a Jew?
On the other hand, Brother Daniel had fully embraced Christianity, adopted a new religious identity, and lived as a Carmelite monk. It was difficult to see how someone so thoroughly identified with another faith could still be regarded as a Jew in the civic sense.
Oswald Rufeisen, Brother Daniel
Ultimately, the Court ruled that Brother Daniel could not be recognized as Jewish for the purposes of Israeli citizenship and the Law of Return. Crucially, the justices emphasized that they were not judging him according to Jewish law. Indeed, they explicitly acknowledged that according to Halakhah, Jewish law, Brother Daniel was entirely Jewish: born to a Jewish mother, he remained Jewish despite his apostasy. Their decision rested instead on secular Israeli law, under which the term “Jew” could not apply to someone who fully identified as a Christian.
This incident raises a fundamental and fascinating question: Are Jews a nation, a family, or a religious community?
Christianity offers a useful contrast. A person born to Christian parents who rejects Christian belief, ceases participation in church life, and denies Jesus is no longer considered Christian. Christianity is clearly a religion—not a family or a nation—and religious identity depends on belief and practice.
A nation, however, functions differently. A person born in Japan to Japanese parents remains Japanese even if he lives in the United States, speaks English, eats Western food, and has no interest in sumo wrestling. Conversely, a Hawaiian sumo wrestler who speaks fluent Japanese, lives in Japan, and fully adopts Japanese culture is still considered a foreigner—a gaijin. National identity, in this sense, is not determined by belief or behavior but by origin.
Judaism seems to resemble this latter model. The Talmud (Sanhedrin 44a), commenting on a verse in the Book of Joshua, states: “An Israelite, even though he has sinned, remains an Israelite.” No matter how far a Jew strays from Jewish practice or belief, his or her Jewish identity remains intact.
While being a child entails obligations, failure to meet those obligations does not nullify the relationship itself.
The Talmud further describes the Jewish people as “children of God.” In Kiddushin (36a), it teaches that even a wayward, rebellious, or foolish child remains the child of his father. Sonship is intrinsic, not behavior-dependent. While being a child entails obligations, failure to meet those obligations does not nullify the relationship itself. As the Maharal of Prague, the great 16-century thinker, explains, inherent identity is not lost through misconduct (Netzach Yisrael, Ch. 11).
At the same time, Judaism allows for conversion. A sincere convert becomes fully Jewish—no less so than one born Jewish. A famous exchange illustrates this point. A convert named Ovadiah asked Maimonides whether he could recite the traditional prayers that speak of “our fathers Abraham, Isaac, and Jacob” and of “the land You gave to our ancestors.” He felt uncomfortable claiming ancestral ties that were not biologically his.
Maimonides (Responsa #293) responded that God’s covenant was made not only with Abraham’s biological descendants, but also with his ideological descendants. All the blessings, promises, and covenants granted to the children of Abraham, Isaac, and Jacob apply equally to a sincere convert. Conversion, then, is not merely the adoption of religious beliefs or practices; it is entry into the Jewish people as a full member of the nation.
Conversion is not merely the adoption of religious beliefs or practices; it is entry into the Jewish people as a full member of the nation.
This resembles citizenship in certain modern states, such as the United States. A foreigner who fulfills the requirements of naturalization and pledges allegiance becomes a full citizen. In this respect, Judaism appears less like a religion and more like a nation.
Yet Judaism also functions like a family. Jewish identity is determined by birth to a Jewish mother (Kiddushin 68b). Although tribal affiliation, priestly status, and royal lineage follow the father, one’s fundamental identity as a Jew is determined exclusively by matrilineal descent. This suggests that Jewishness is not merely national or religious, but familial.
The result is a productive tension. Judaism possesses all the elements of a religion: beliefs, commandments, sacred texts, rituals, and prayers. Yet Jews are defined by birth into a family, regardless of belief or practice. At the same time, Jews maintain a deep attachment to a land, a language, and a shared destiny, and allow the possibility of voluntarily joining as a citizen — all hallmarks of a nation.
Perhaps the Torah itself provides the answer when it describes the Jewish people as “a kingdom of priests and a holy nation.” (Exodus 19:6) Judaism is a nation—but a nation with a sacred mission. Like priests, Jews are charged with religious responsibilities. Jewish tradition holds that God formed the Jewish people to carry enduring messages through history: ethical monotheism, justice, compassion, philanthropy, and the sanctity of human life. (Genesis 18:19)
To fulfill this mission, God created not merely a religion, but a people—a nation and a family bound together by a native, inherited faith passed from generation to generation, across time and geography. The Jewish people are like a multistage rocket: launched with a fixed destination, each generation providing the propulsion for the next. As one stage completes its task, the next ignites, guided by an internal navigation system set at the very beginning. Each generation advances the collective journey through history.
To enable this, God endowed every Jew with a spark of Jewish identity and an inner moral compass that resists complacency and seeks meaning, purpose and spiritual elevation. This inner guidance impels Jews to strive not merely for what is, but for what ought to be. Judaism is a part of the Jewish family DNA, and every Jew is a member of the Jewish nation. (Maimonides, Mishneh Torah, Laws of Divorce 2:20, Nefesh HaChaim, First Essay, Notes, Ch. 18)
Rabbi Dr. Meir Soloveichik, in explaining matrilineal descent (The Jewish Mother: A Theology) captures this synthesis beautifully:
“Judaism is a faith founded primarily on familial identity… Yet precisely because Judaism involves the election of a natural family, it is Jewish women rather than men who serve as the foundation of our familial faith. If, despite disinterest and disregard for one’s heritage, a Jew cannot sever his or her bond to nation, family, and covenant, it is because the Almighty guarantees—paraphrasing Isaiah—that a mother cannot forget her child, nor withhold compassion from the child she bore. And so God will not forget Israel either. Anyone born to a Jewish mother is bound, by her love and by God’s love, to the Jewish family and to every other Jew. Born into a Judaism that is not merely a faith but a family, we are joined for eternity—to God and to one another.”
Judaism, then, is not reducible to a single category. It is simultaneously a religion, a nation, and a family—bound together by covenant, history, and an unbreakable bond of identity. The Jews are purpose-driven agents of positive change, commanded with a mission that they cannot ever abandon.
Judaism isn’t reducible to a single category. It is simultaneously a religion, a nation, and a family—bound together by covenant, history, and an unbreakable bond of identity.
Jews are a family—bound physically, genetically, and emotionally. Jews are a religion, defined by shared beliefs, responsibilities, and aspirations. Jews are a nation, rooted in a land, united by a language, and guided by a common destiny.
Over the past two years, a phrase has become especially resonant in Israel: “Am Yisrael Chai”—“the nation of Israel lives.” In these three words, our many strands of identity converge. Am signifies a people, a nation. Yisrael is the name of our family. Chai—“lives”—declares that we are not an ancient relic or a faith frozen in time. We live and breathe; we are vibrant, enduring, and relevant, as we have been for over 3,000 years—and as we will be forever.
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We’re almost exactly what Hindus are. We’re not too far from what the Romans were. Same dilemmas, same non solutions.
Hindus?
Only if you consider that the Cohens and Levis form a caste within Judaism.
Nothing of that sort, Robert.
Then what then?
You can't say "We're almost exactly what Hindus are" and then leave it like that.
There is an argument to be made that the Cohens and Levis form a caste within Judaism but then there's an equally strong argument that there are no castes in Judaism.
Other than that I don't see how Jews are like Hindus.
Excellent, thoughtful, essay. Eloquently dispels the noise behind Jew vs. Jew.
Thank you
Jews are the descendents of converted folk who became a tribe.
When the Jews left Israel, they looked like Arabs.
When the Jews came back to Israel, they looked like Europeans.
Massive waves of conversions sustained Judaism and allowed it to survive the centuries of exile.
Today, Jews are on every continent, even Antartica, as researchers, and are of every colour and race.
The sheer racial diversity of Judaism should be celebrated.
Genetic evidence seems to be that Jews, both Ashkenazi and Sephardi have common "Israelite genes" that originate in the Middle East. Also, you are only referring to Ashkenazi Jews. About half the Jewish people in Israel are from the Middle East and indeed look that way too.
You’re having a hard time swallowing reality. Don’t let your ego or over reliance on highly selective portions of tanach act as blinders. We’re mostly the descendants of converts. Judaism makes Jews, not the other way around.
I don't think personal attacks substantiate claims. I think that genetic evidence does
Yes.
The Mizrahi Jews of today are the closest to what the Jews looked like when they left Israel.
ALL European looking Jews are the descendents of converts to Judaism.
Conversions to Judaism must be celebrated not denied.
Not denying conversions. I think sincere conversions are wonderful. Just denying sweeping, unproven claims "ALL European..."
Please explain how the Jews looked like Arabs when they left Israel and looked like Europeans when they came back to Israel.
How, exactly, did that happen?
And yes, European looking Jews, such as yourself, are the descendents of converts.
And I'll say again, converts must be celebrated not denied.
We don't have information of how Jews looked when we were first exiled thousands of years ago. The original Jewish people, according to the Biblical accounts, were of mixed ethnicity - including Syrian, Iraqi, Canaanite, Egyptian, Ethiopian. Syrian Jews are often blond, light complexion. Ancient Egyptians unclear, but similar to Caucasians. Were there conversion, of course, not denying that. Just disputing, unverified, sweeping, absolute declarations such as yours without supporting evidence.
When I took a course at University given by a rabbi he referred to Jews as a people. The class at university was mostly non-Jewish. He made the point that Jews are of all races and degrees of observants.
As you see from my article, he was correct
This is correct. I have taught Jewish studies for many years at a prominent university and have always emphasized this; see also an early article of mine "'Am Yisrael: Jews or Judaism?" in Judaism 37 (1988):199-209, online and also on Academia.edu.
Thanks
Perhaps one should remember and read carefully these words from Isaiah:
“But you, Israel, my servant,
Jacob, whom I have chosen,
the offspring of Abraham, my friend;
you whom I took from the ends of the earth,
and called from its farthest corners,
saying to you, “You are my servant,
I have chosen you and not cast you off”;
fear not, for I am with you;
be not dismayed, for I am your God;
I will strengthen you, I will help you,
I will uphold you with my righteous right hand.”
Jews are not the only "people" or tribe and that have a specific religion but also are a people, and are not solely a religion. The Druze and Yazidi are similar as well, with their own rules of who are identified as such or who loses it depending on their own rules.
Could be, I am not an expert on either Druze or Yazidi cultures.
This is true, but they don't have the additional element that Jews do-you can't join their tribes. I believe the Hindus and Parsis are also like that.
G-D put man & woman together - & caused their DNA - to COMBINE. Thereby - ENSURING that - when a child is born - YOU KNOW - who the mother is.
However - today's modern technology - in assisting with a woman getting pregnant. A Jewish wife - may use an EGG - which may be from - a NON-Jewish woman. And - the egg - may - or may not have been FERTILIZED - by HER husband. If it was - then by DNA - the child is only 50% Jewish - on the FATHERS SIDE - as the egg - is from a NON-Jew. Ergo - by DNA - she is not technically the real mother. In addition - if only the MALE SPERM is used to FERTILIZE Her Egg - & it's from a NON-Jew - could that be classified as ADULTRY - as it was not sperm from her husband? Given the Torah assigns lineage to the fathers side - is that a problem?
There is extensive discussion about these scenarios in Jewish law. Many authorities maintain that matrilineal descent is not based on the DNA but on the birth mother's identity. But it is not simple and there are those who disagree.
Yes - Mordechai - there are MANY OPINIONS - but as a Meme goes -In today’s MODERN WORLD - WITH SO MUCH MISINFORMATION AVAILABLE & being TAUGHT AS FACT. Without VISIBLE - RECOGNIZABLE TANGIBLE PROOF - OF a PERMANENT STRONG - TRUE - VALID - G-D MADE - SPIRITUAL ANCHOR TO HOLD ONTO. When you start to read readin - how do you know - the fellow that wrote the readin - wrote the readin right? Festus Hagen - Long Branch Saloon - Dodge City, Kansas. TRUTH - is a MAJOR IMPEDIMENT to - corrupt ideology & intentional deceptions - & misguiding misinformation. (Gershom) As each moment of our life goes by - all the stimulus events we experience in that moment - whether we know it - or not - changes our lives forever.
Some significantly - others - not so much. (Gershom/Gerald)
I can’t predict what a secular court would say but we Jews are a nation. Unfortunately for antisemites, Israel haters, and non Jews, all of whom have zero standing to define us or our beliefs, our unique nationality is evident by unique homeland, language, and culture (derived from Torah) and defined by common religious obligation based on maternal descent or sincere conversion, not by modern inventions such as DNA, place of birth, citizenship, or anything else long predated by Torah, the very sine qua non of the Jewish people.
Well stated
I converted to Judaism several years ago and feel more a part of the Jewish people than my family of origin. I was told by my bet din rabbis that is exactly true and confirming. I still love and have relationships with my bio family, but the values and focus are different. Am Israel Chai!
Wonderful to hear. May Hashem bless you!
Perhaps I should have said in my earlier reply above that I,too,
converted many, many years ago. Becoming a Jew is an ongoing, life-long experience. At the close of my life, I feel I am still on that long journey.
It seems clear to me Jews are a family/people Am Yirael. While I believe that they are likely living in serious error a Jew who is an atheist or practices another faith snd or has no connection to the land of Israel is according to Jewish law as much a Jew as an Orthodox Rabbi as long as his mother was Jewish or he had a halachicly approved conversion. Matriarchal descent makes sense as one always knows who is the mother. It seems weak but as far as I know converts are described as lost Jewish souls who were at Sinai at the revelation and are now returning. That seems necessary works if one believes that there is a fundamental difference between a Jewish and non Jewish soul.
It seems Israel is the Nation our Creator chose to be a Light To The World. "Judaism is a nation—but a nation with a sacred mission". It seems this should say Israel is a nation. Jews are the chosen people and have an obligation to the world to live according to the TORAH setting an example for man kind. It seems a person could be Jewish but not part of the Nation of Israel. It seems a person who Converts becomes a part of the Nation of Israel but the are not a Jew. Just a Noahide here thinking about this amazing article.
A righteous convert who converts according to Torah law, is a full-fledged member of the Jewish religion (as Rabbi Becher pointed out at the beginning of his article).
Correct, thank you
The obligation Jews have, regarding observing the Torah, is to God not to others…..as far as I am aware.
Ofcourse we are an ethnic group, regardless if we are observant or not.
Am sharing this article with so many friends and family members!
Am Yisrael Chai!
Thank you
I remember about 45 years ago listening to Rabbi Steinsaltz zt"l when he introduced (to me) the idea that Jews are a family. I assume he expounded on this concept in one of his writings, although I've not found it.
Rabbi Steinsaltz zt"l always had fascinating insights. This idea may be found in his book "A Dear Son to Me". All the best.
Brother Daniel and my father Edek Wasserberger (Carter) z"l grew up together in Silesia (Krakow region) they were members of zionist youth groups my father was in Hashomeir Hatzair and Shmulick Oswald Rufeisen in Akiva prior to the invasion of Sept 1, 1939 - they were 17/18 years of age, that was the last time they saw one another. FAST forward 36 years later 1975 in Teveriah, my maternal grandparents, parents and my oldest son, were eating at a fish restaurant; they watched an israeli film crew interview a Carmelite friar, my father recognized him immediately, after the interview wrapped - he called out in Polish using his name Shmulick - the friar turned around and recognized my father they embraced, and wept and kept in touch.
Absolutely amazing. Thank you so much for sharing that!