Photos: Menachem Kalish

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nationality bill that has bounced around the Knesset for years passed last week over the strong objection of Arab lawmakers and some Diaspora communities.

The Jewish Nation-State Law enshrines Israel as the historical homeland of the Jewish People, establishes Hebrew as its primary language, and states that the right to self-determination within Israel’s borders is unique to the Jewish People.

The law, hailed by Prime Minister Netanyahu as a “defining moment” in the history of the Jewish People, was amended by some chareidi MKs to include language that ensured traditional Judaism would be protected.

The prime minister was keen to pass the law for several reasons. One, the declaration of Israel’s character described in the law will now be a pre-requisite for any future peace deal with the Palestinians. Two, the law weakens Israel’s Basic Law by enabling judges to give preference to the state’s Jewish character in their decisions.

The law also includes clauses delineating Jerusalem as Israel’s capital, that Jewish settlement in all of Israel is a “national value,” and that religious holidays and Shabbat are recognized days of rest. The law also gives Arabic a “special status” (rather than being recognized as an official second language, as it is now) and conspicuously does not contain the words “democracy” and “equality.”

The current version of the law has no practical applications. The government must now decide how to interpret it when dealing with various areas of society and governance.

Softened Language

The chareidi parties were initially opposed to the law. However, as MK Uri Maklev (United Torah Judaism) explained, chareidi MKs are “committed to fulfilling coalition agreements, just as we expect our coalition partners to support the laws that are important to us.”

Maklev said that Likud deserves credit for considering all of UTJ’s demands. For example, in the section called “Connection to the Jewish People,” the bill initially stated that “the state will strive to preserve the affinity between the state and members of the Jewish People wherever they are.” The result of this clause might have been that the Reform movement could have demanded a symbol of that affinity, for instance recognition at the Kosel and other holy places. “After endless discussions, we succeeded in changing the wording to ‘the state shall act within the Diaspora to strengthen the affinity between the state and the members of the Jewish community.’”

On the other hand, the chareidi parties did not support the clause stating that the national language of Israel is modern Hebrew. Maklev explained that there were various reasons for this, but mainly, “the fact that chareidi Jewry considers Lashon Hakodesh, not modern Hebrew, as the language of the Jewish People.” But again, Maklev explained that chareidi MKs felt an obligation to their coalition agreements with the prime minister.

Days before the bill was passed, MK Yisrael Eichler (Agudas Yisrael) raised objections over the bill and urged other chareidi lawmakers to withdraw their support. Specifically, Eichler was concerned that the law would grant the Supreme Court the power to determine Jewish identity. But Maklev said he believes those concerns were unfounded. “We examined every detail of the law,” Maklev said. “We limited any harm that could come from it, and removed altogether clauses that were liable to harm the holy places. The law includes shemiras Shabbos and [that is just one] example of the many changes that we worked over a long period to draft and incorporate.”

New Settlement Policy

The new law also encourages the settlement of the land, which could spark renewed campaigns to develop the Negev and the Galilee. Such activity would be based on a clause that the state “views the development of Jewish settlement as a national value and will act to encourage and promote its establishment and consolidation.”

Portions of the law that were especially unfavorable to the Arab citizens of Israel were softened. An earlier version of the bill had sanctioned Jewish-only communities, but that clause was scrapped after an outcry from legislators and citizens alike. Deputy Attorney General Raz Nizri said the law’s present wording won’t allow Jews to establish a new city under the label “Jewish,” and Arab citizens will be able to purchase an apartment wherever they choose. However, the bill does establish that synagogues, and not mosques, will be recognized as public buildings. (Originally featured in Mishpacha, Issue 720)