“Are we going to live according to the laws of Moses or to the laws of Parliament?”
(President Yitzhak Navon)
All of this talk of 60 years is nonsense, really. Not only does it demonstrate a rather juvenile obsession with, and unwarranted attachment of value to, the decimal system, but it also ignores the thousands of years of history that precede 1948; the state enters its seventh decade, while the nation is well into its fourth millennium, and the resonance is strong.
As a Jewish state – the only Jewish state – Israel is unique. But this is more profound than simply a matter of monopoly: Judaism is the only religion that has intrinsic nationality. Etymologically, the Jews are called as such because they come from the province of Judea, and throughout nearly 2000 years of exile, the religion has never lost touch with its nationalist root.
This creates an enormous problem for the secular progressive state of Israel, which from the very beginning was to be democratic, inclusive, strong and free: Judaism is none of these. An example of this would be that rather than the hereditary, theocratic and corrupt rule of the priestly class of Cohanim and Leviim, the modern state opted for proportional representation.
But the dichotomy between religion and secularism pervades Israeli society, and a balance has not yet been found. There are several allowances which are made to appease the Orthodox community: because it is a coalition system of government, the relatively small religious factions in the Knesset wield significant influence.
Matters are most serious in family law. Control of marriage and divorce rests entirely with the Orthodox rabbinate, under whose restrictions Jews may not marry non-Jews (they have to go to Cyprus if they wish to do so), there are no secular unions (Muslim and Christian weddings are recognised, but there is no registry) and I’ll let you guess their position on same-sex marriage.
Moreover, according to halacha (Jewish religious law), a woman cannot divorce her husband if he is not willing to cooperate; so it is, unbelievably enough, in the modern, democratic state of Israel. The courts are therefore empowered to use sanctions up to and including imprisonment to coerce the husband, but in the meantime the woman remains an “agunah”, “bound woman”. It really is quite astounding.
The majority of Israelis, however, are secular, and even those who are religious do not necessarily want to live in what is referred to as a “halachic state”: they look at their (somewhat unfriendly) neighbours in Saudi Arabia, Iran and elsewhere and decide that they’d really rather not, thanks. But their private religious views also tear on the fabric of Israeli society.
It is very easy to blame the Israel-Palestine conflict on the settlers in the West Bank (who, for the most part, are religious Zionists), which is why I do. Because they believe that the land was given to them by God and that it is their inheritance, they continue to appropriate and populate land that does not belong to them in any actual sense. Meanwhile, the government, which needs the backing of religious parties to maintain a majority in the Knesset, largely turns a blind eye. In the unilateral pullout from Gaza, these tensions exploded across Israeli society with a remarkably polarising effect.
On the other hand, in 2006 the Attorney-General Menahem Mazuz ordered the Jerusalem Police to provide 12000 of officers to protect both the freedom of expression and the lives of those participating in a Gay Pride march in the “holy city” of Jerusalem from religious bigotry and violence. As Yael Gelman, the mayoress of Herzliya, said at the time, “How could it even be imagined that violence could prevent an elementary right like this in the state of Israel?” How indeed?
It was Mr. Simm (quoting President Lincoln) who said, “A house divided against itself cannot stand”. He (President Lincoln) turned out to be correct. The a fortiori application to Israel is rather worrying: if two halves of a continent the size of America, actually separated by a great big line drawn across the map, cannot live together half-slave, half-free, then how can a country the size of Wales, in which those on either side of the philosophical divide may live down the street from each other, manage?
Leo Davidson
