The Law Of Return
The Law of Return, 1950
Below is the full text of the Law of Return in both English and Hebrew:
English: The Law of Return, 1950
Right of Aliyah
Every Jew has the right to come to this country as an oleh (immigrant).
Oleh's Visa
2. (a) Aliyah shall be by an oleh's visa.
(b) An oleh's visa shall be granted to every Jew who has expressed their desire to settle in Israel, unless the Minister of Immigration is satisfied that the applicant:
Is engaged in an activity directed against the Jewish people; or
Is likely to endanger public health or the security of the State; or
Has a criminal past that may endanger public welfare.
Oleh's Certificate
3. (a) A Jew who has come to Israel and, subsequent to their arrival, expressed their desire to settle in Israel, may receive an oleh's certificate.
(b) The provisions of section 2(b) shall apply, mutatis mutandis, to the grant of an oleh's certificate, but a person shall not be considered as endangering public health on account of an illness contracted after arrival in Israel.
Definition of a Jew
4. For the purposes of this Law, "Jew" means a person who was born of a Jewish mother or has converted to Judaism and is not a member of another religion.
Implementation and Regulations
5. The Minister of Immigration is charged with the implementation of this Law and may make regulations for its implementation with the approval of the Knesset Committee for Constitution, Law, and Justice.
Amendments
6. The law has been amended to expand eligibility to include non-Jewish children, grandchildren, and spouses of Jews under specific conditions.
עברית: חוק השבות, התש"י–1950
זכות עלייה
כל יהודי זכאי לעלות ארצה.
אשרת עולה
2. (א) העלייה תהיה על פי אשרת עולה.
(ב) אשרת עולה תינתן לכל יהודי שהביע את רצונו להשתקע בישראל, אלא אם שר הפנים שוכנע שהמבקש:
עוסק בפעילות העלולה לפגוע בעם היהודי;
עלול לסכן את בריאות הציבור או את ביטחון המדינה;
בעל עבר פלילי העלול לסכן את שלום הציבור.
תעודת עולה
3. (א) יהודי שבא לישראל, ולאחר בואו הביע את רצונו להשתקע בה, רשאי לקבל תעודת עולה.
(ב) האמור בסעיף 2(ב) יחול, בשינויים המחויבים, גם על מתן תעודת עולה, אך לא יראו אדם כמי שמסכן את בריאות הציבור מחמת מחלה שנדבקה בו לאחר בואו לישראל.
הגדרת יהודי
4. לעניין חוק זה, "יהודי" פירושו מי שנולד לאם יהודייה או שנתגייר, ואינו בן דת אחרת.
ביצוע ותקנות
5. שר הפנים ממונה על ביצוע חוק זה, והוא רשאי להתקין תקנות לביצועו באישור ועדת החוקה, חוק ומשפט של הכנסת.
תיקונים
6. החוק תוקן כדי להרחיב את הזכאות לכלול ילדים, נכדים ובני זוג של יהודים בתנאים מסוימים.
The Law of Return, 1950, has undergone significant amendments since its enactment to address evolving social, legal, and political realities. Below is a detailed summary of the amendments and their implications:
1. Amendment of 1970
The most significant change to the Law of Return came in 1970, which expanded the eligibility criteria. This amendment clarified the definition of a "Jew" and extended the law to cover non-Jewish family members of Jews under certain conditions.
Key Provisions:
Expanded Eligibility:
The right to Aliyah was extended to:
A child of a Jew.
A grandchild of a Jew.
The spouse of a Jew.
The spouse of a child of a Jew.
The spouse of a grandchild of a Jew.
Definition of a "Jew":
A "Jew" is defined as someone who was born to a Jewish mother or has converted to Judaism and is not a member of another religion.
Non-Jewish Family Members:
Even individuals who are not halachically Jewish (e.g., grandchildren or spouses of Jews) are granted the right to immigrate to Israel if they have familial ties to a Jew.
Implications:
The amendment was intended to address the needs of families with mixed Jewish and non-Jewish ancestry, particularly following the Holocaust, where many Jewish families had interfaith marriages or descendants.
2. Exclusions and Restrictions
Several provisions in the amendments clarified situations where the right to Aliyah can be denied. These exclusions include:
Activity Against the Jewish People:
Individuals who actively work against the Jewish people, such as those affiliated with anti-Semitic organizations, may be denied Aliyah.
Threats to Public Safety or Security:
Aliyah can be denied to individuals deemed a threat to Israel’s public safety, health, or national security.
Criminal Background:
Persons with a serious criminal record that poses a risk to public welfare may also be excluded.
3. The "Who is a Jew" Debate
The 1970 amendment sparked ongoing debates about the interpretation of "Who is a Jew" under Israeli law. While the amendment provided a broad definition, tensions persist, particularly between different Jewish denominations (Orthodox, Conservative, and Reform).
Impact of the Debate:
Orthodox Standard in Israel:
The Chief Rabbinate recognizes only Orthodox conversions performed under its auspices or approved authorities, which can exclude Reform and Conservative converts.
Diaspora Inclusivity:
Many in the Jewish Diaspora have pushed for greater recognition of non-Orthodox conversions, leading to conflicts between Israeli authorities and Jewish communities abroad.
4. Amendments Related to Legal Challenges
Over the years, court rulings have clarified and influenced the application of the Law of Return:
Recognition of Non-Orthodox Conversions Abroad:
Israeli courts have ruled that non-Orthodox conversions performed outside Israel may be recognized for Aliyah purposes, even if not accepted by the Chief Rabbinate.
Conversions in Israel:
Conversions performed within Israel under non-Orthodox auspices are generally not recognized under the Law of Return unless validated by the Chief Rabbinate.
5. Security-Related Amendments
Post-Soviet Immigration:
With the large wave of immigration from the former Soviet Union in the 1990s, many individuals eligible under the "grandchild clause" arrived in Israel, including some with little connection to Judaism. This raised concerns about maintaining Israel’s Jewish identity and led to stricter scrutiny of applications.
Terrorism Concerns:
In recent years, additional background checks have been implemented to address concerns about individuals using Aliyah for malicious purposes.
6. Recent Developments and Debates
Family Reunification:
Calls have been made to further amend the law to allow for easier family reunification for non-Jewish relatives of Israeli citizens.
2021–2022 Debates:
Ongoing political debates have centered on whether to revise or tighten the "grandchild clause" to ensure a stronger connection to Jewish heritage.
As of December 2, 2024, the Law of Return remains a pivotal and often debated aspect of Israeli immigration policy. While no formal amendments have been enacted in 2024, significant discussions and legal interpretations have influenced its application.
Supreme Court Ruling on Widows of Jews' Descendants
In November 2023, Israel's Supreme Court ruled that the non-Jewish widows and widowers of the children and grandchildren of Jews are eligible to immigrate under the Law of Return. This decision clarifies that such individuals retain their immigration rights unless they remarry non-Jews.
Ongoing Debates on the "Grandchild Clause"
The "grandchild clause," which grants immigration rights to individuals with at least one Jewish grandparent, continues to be a subject of debate. Some political factions advocate for its removal to tighten immigration criteria, while others emphasize its importance in maintaining Israel's connection with the global Jewish diaspora. Despite these discussions, no legislative changes have been made to this provision in 2024.
International Perspectives
Jewish organizations worldwide have expressed concerns over potential amendments to the Law of Return, particularly regarding the "grandchild clause." They warn that changes could affect Israel's relationship with diaspora communities and alter the inclusive nature of the law.
While the Law of Return has not undergone formal amendments in 2024, legal interpretations and political discussions continue to shape its implementation. The balance between maintaining Israel's Jewish identity and fostering global Jewish connections remains central to these deliberations.
The 1970 Amendment to the Law of Return: A Comprehensive Analysis
The 1970 Amendment to Israel's Law of Return, 1950, was a transformative change that expanded the scope of eligibility for immigration while addressing the complex realities of modern Jewish identity. This amendment continues to impact Israeli society, politics, and immigration policies today.
Key Provisions of the 1970 Amendment
1. Expanded Eligibility: The "Grandchild Clause"
The amendment significantly broadened the categories of people eligible for Aliyah by including:
Children of Jews: Any individual with at least one Jewish parent.
Grandchildren of Jews: Descendants of Jews up to the third generation.
Spouses of Jews: Married partners of Jews, including non-Jewish spouses.
Spouses of Children or Grandchildren of Jews: Extended the right of Aliyah to spouses of eligible children or grandchildren.
This expansion was designed to address the complex familial realities of Jews worldwide, particularly in communities affected by intermarriage.
2. Legal Definition of a Jew
For the first time, the amendment provided a legal definition of "Jew" under the Law of Return:
A Jew is defined as someone:
Born to a Jewish mother, or
Converted to Judaism, provided they are not a member of another religion.
This definition aligns with traditional halachic (Jewish legal) principles while addressing the practicalities of modern immigration.
3. Specific Exclusions
The amendment reaffirmed the right of the Israeli government to deny Aliyah to individuals who:
Are engaged in activities hostile to the Jewish people.
Pose a threat to public health or state security.
Have a criminal record that may endanger public safety or welfare.
Context of the 1970 Amendment
1. Post-Holocaust Realities
Following the Holocaust, many Jewish families were fragmented, and interfaith marriages became more common, resulting in a significant population of mixed-heritage descendants.
The amendment sought to ensure that individuals persecuted for their Jewish ancestry (e.g., under Nazi racial laws) could find refuge in Israel, even if they were not halachically Jewish.
2. Addressing Diaspora Diversity
Jewish communities in the Diaspora were increasingly diverse, with varying levels of observance and differing definitions of Jewish identity.
By including children, grandchildren, and spouses of Jews, the amendment strengthened Israel’s bond with the global Jewish diaspora.
3. Resolving Ambiguity
Prior to the amendment, there was no formal definition of who qualified as a Jew under the Law of Return, leading to inconsistencies and legal challenges.
The 1970 amendment aimed to provide clarity while balancing the interests of Israel as both a Jewish and democratic state.
Impact of the 1970 Amendment
1. Increased Immigration
The amendment allowed many individuals with mixed Jewish ancestry or interfaith family ties to make Aliyah.
The "grandchild clause" contributed to large waves of immigration, particularly from the former Soviet Union in the 1990s, where many Jewish families had non-Jewish spouses or descendants.
2. Debates on the "Grandchild Clause"
The clause has been controversial due to its inclusion of individuals who may not identify as Jewish by religion or culture.
Critics argue that it dilutes Israel’s Jewish character, while supporters emphasize its importance in maintaining inclusivity and honoring familial ties.
3. Recognition of Conversions
The amendment introduced recognition of converts to Judaism but left the specifics of conversion standards ambiguous.
This has led to ongoing debates over the legitimacy of non-Orthodox (Reform and Conservative) conversions, especially those performed abroad.
4. Legal Challenges and Rulings
Israeli courts have since interpreted the amendment to clarify issues such as:
Recognition of non-Orthodox conversions performed outside Israel.
Rights of non-Jewish widows and widowers under the "grandchild clause."
Key Debates Arising from the 1970 Amendment
1. Who is a Jew?
The legal definition of a Jew sparked significant controversy, particularly among Orthodox, Conservative, and Reform Jewish communities.
Orthodox authorities generally recognize only halachically valid conversions and matrilineal descent, while the broader Diaspora includes individuals with patrilineal descent or non-Orthodox conversions.
2. Maintaining Israel’s Jewish Identity
Critics argue that including non-Jewish descendants and spouses under the "grandchild clause" risks undermining Israel’s Jewish character.
Supporters view the clause as essential for fostering inclusivity and preserving ties to the global Jewish diaspora.
3. Conversion Recognition
While Orthodox conversions are generally accepted, non-Orthodox conversions remain a contentious issue, particularly for individuals who convert outside Israel but seek recognition under the Law of Return.
Modern Implications of the 1970 Amendment
1. Immigration Demographics
The "grandchild clause" has facilitated the immigration of hundreds of thousands of people with partial Jewish ancestry, many of whom have integrated successfully into Israeli society.
However, a significant portion of immigrants under this clause do not identify as Jewish religiously or culturally, raising questions about their role in Israel’s Jewish identity.
2. Calls for Reform
Some political factions advocate for repealing the "grandchild clause" to limit immigration to those who are halachically Jewish or strongly connected to Judaism.
Others argue that such changes would alienate the Diaspora and contradict Israel’s mission as a refuge for all Jews and their families.
3. Legal Precedents
Israeli courts continue to shape the practical application of the amendment, addressing issues such as:
The validity of conversions.
Eligibility of spouses, children, and grandchildren of Jews.
The status of mixed-heritage families and non-Jewish widows or widowers.
Summary of the 1970 Amendment
AspectDetailsExpanded EligibilityAdded children, grandchildren, and spouses of Jews to those eligible for Aliyah.Definition of a JewA Jew is someone born to a Jewish mother or converted to Judaism and not a member of another religion.ExclusionsReaffirmed restrictions for individuals posing security risks or with serious criminal records.PurposeAddressed post-Holocaust realities and strengthened ties with the global Jewish Diaspora.ControversySparked debates over the "grandchild clause" and recognition of non-Orthodox conversions.
The 1970 Amendment to the Law of Return remains a cornerstone of Israel’s immigration policy, reflecting the country’s commitment to inclusivity and its complex relationship with Jewish identity. While it addressed critical needs of the time, such as family unity and the aftermath of the Holocaust, it has also introduced challenges that continue to shape debates about the future of Jewish immigration and identity in Israel.
Post-1970 Developments:
Recognition of Non-Orthodox Conversions:
In 1989, the Israeli Supreme Court ruled that individuals who underwent non-Orthodox conversions abroad (i.e., Reform or Conservative conversions) are eligible for citizenship under the Law of Return. This decision acknowledged the diversity of Jewish denominational practices worldwide.
Clarification on Conversions Conducted in Israel:
In 2005, the Supreme Court extended recognition to non-Orthodox conversions performed within Israel, provided they were part of a recognized Jewish community. This ruling allowed individuals converted by Reform or Conservative rabbis in Israel to be eligible for citizenship under the Law of Return.
Debates on the "Grandchild Clause":
The provision allowing grandchildren of Jews to immigrate has been a subject of ongoing debate. Some political factions have proposed narrowing this criterion to preserve Israel's Jewish character, but no legislative changes have been enacted to date.
Proposed Amendments:
Over the years, various proposals have been made to amend the Law of Return, particularly concerning the recognition of conversions and the definition of Jewish identity. However, these proposals have not culminated in formal legislative changes.
Conclusion:
Since the pivotal 1970 amendment, the Law of Return has remained unchanged in its text. However, its application has been shaped by legal interpretations, especially regarding the recognition of diverse Jewish conversions and the eligibility of descendants. The law continues to be a dynamic element of Israeli society, reflecting the complexities of Jewish identity and the state's relationship with the global Jewish diaspora.