An Israeli rabbinic court has fined a woman hundreds of dollars for
refusing to circumcise her baby son, officials said Thursday, in a
landmark case that has sparked a new uproar over the role of religion
in the Jewish state.
The case shines a spotlight on a long-running debate over religious
coercion in Israel, where generations of leaders have struggled to find
a balance between the country's Jewish and democratic character.
Rabbinic courts in Israel have authority over certain Jewish family
matters like marriage, divorce, conversion and burial. Their decisions
are binding for families that agree to take part in them, though their
rulings can be appealed in the country's secular court system. This
particular case ended up in the rabbinic court as part of an ongoing
divorce battle.
In the proceedings, the woman announced her refusal to circumcise the
boy, saying she did not wish to harm him. The Israeli rabbinate's high
court ruled last week the circumcision was for the child's welfare and
that the woman must pay the equivalent of nearly $150 each day she
refuses the circumcision be performed.
"The decision is not based only on religious law. It is for the welfare
of a Jewish child in Israel not to be different from his peers in this
matter," said Shimon Yaakovi, legal adviser to the rabbinical court.
He said it was the first time a religious court in Israel has punished
a parent for refusing to circumcise a child. A year ago, a civil court
also ruled in favor of circumcision in a parental dispute.
There is no law requiring circumcision in Israel, but the vast majority
of Jewish boys undergo the procedure at the age of eight days in line
with Jewish law, which sees the ritual as upholding a covenant with God.
The mother, whose named was not released in court documents, has argued
that the rabbinical court does not have authority over the matter. The
Justice Ministry, which is representing the mother, said Thursday it
likely would appeal the case to Israel's Supreme Court.
There are no precise statistics on circumcisions in Israel. While most
families perform the procedure either out of religious belief or to
preserve an ancient tradition, tens of thousands of children are not
circumcised, activists say.
Ronit Tamir, an anti-circumcision activist, called the rabbinic court's ruling "dangerous for democracy."
"It turns the government into a theocracy," she added.
Although most Israelis are secular, Israel's founding fathers gave
Judaism a formal place in the nation's affairs. This has led to
persistent tensions in Israeli society.
Jewish law defines a Jew as one who is born to a Jewish mother or who
undergoes a demanding conversion process overseen by rabbinic
authorities. People who do not meet these requirements, such as someone
with only a Jewish father, can face difficulties with the religious
authorities.
Civil marriage, for instance, is all but banned, forcing thousands of
couples who either do not want a religious ceremony or don't qualify
for one to travel abroad each year to marry. Likewise, soldiers who die
in battle but are not Jewish under religious law are buried in separate
cemeteries.
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