The New Rabbis Law Includes a Number of Inherent Flaws

Dr. Ariel Finkelstein warns that the proposed new "Rabbis Law" would weaken the standing of local communities, could lead to cronyism, reduce women's representation and more.

Photo by Noam Revkin/Flash90

Dr. Ariel Finkelstein, a researcher in the Religion and State Program at the Israel Democracy Institute, warns that the proposed new “Rabbi Law” would weaken the standing of local communities regarding the selection of municipal rabbis and being able to replace them.  He explains that there are also other flaws in the bill that could negatively affect the functioning of local rabbinates, including the restoration of the institution of “neighborhood rabbi,” which was abolished after it became a much sought-after source of jobs, and which would lead to hundreds of appointments based on cronyism; the permission for municipal rabbis to also engage in other paid employment; the removal of a time limit on terms of office; the reduction in women’s representation in selecting municipal rabbis; and the departure from previous practices in Jewish tradition.

The clauses of the proposed law highlighted by Finkelstein include:

1. Reduction of the power of the local authority in the procedure for selecting rabbis. The proposed law would greatly reduce the local authority’s power in the procedure for appointing rabbis, in contradiction of the law’s basic rationale. Among other points, Finkelstein notes: “It seems highly questionable that the members of the Chief Rabbinate Council would be included in the electoral assembly, despite the members of the Chief Rabbinate Council not even being residents of the city in question.” In accordance with Jewish tradition, the procedure for the appointment of rabbis in Israel has been set up so that the local public can choose its preferred candidate as rabbi.
2. Removal of the time limitation on terms of office of municipal rabbis. Since 2022, municipal rabbis serve for a period of ten years, after which the municipal or local council can decide whether to extend their term of office or hold new elections. Previously, the lack of a time limit on terms of office resulted in rabbis who were not functioning to the required standard but could not be removed from their positions, and caused a disconnect between the public and the local rabbi. It should be noted that the accepted custom in Jewish communities in the past was always to appoint rabbis for a defined period of time, and this was also the practice initially in the State of Israel. This tradition is also rooted in Jewish law (halakha) and in the rulings of prominent rabbis such as the late Rabbi Ovadia Yosef of blessed memory.
3. The restoration of the institution of neighborhood rabbi. In effect, this section of the law (section 25) would mean that the minister of religious services could announce the appointment of hundreds of neighborhood rabbis. Neighborhood rabbis have not been appointed since 2003; over the years, a considerable number of comptroller reports found a large degree of political involvement in the appointment of neighborhood rabbis, positions that became highly sought-after jobs distributed on the basis of cronyism. Against the backdrop of the substantive failings in the functioning of neighborhood rabbis, and the realization that this was a position for which there was no real need, the state notified the High Court of Justice in 2013 that the Ministry of Religious Services had decided to discontinue the neighborhood rabbi model and to shift to a model of funding nonprofits that employ community rabbis.
4. Allowing municipal rabbis to reside outside the communities they serve. Section 36 of the new proposed ‘Rabbi Law’ seeks to amend the 2002 law that stated that rabbis must live within the communities they serve. It proposes that the minister of religious services will establish an exceptions committee that will be empowered to permit all kinds of rabbis not to reside within their districts. In fact, various reports and publications over the years have found that there are many rabbis who do not among their communities, in contravention of the law and other regulations, and that enforcement of this issue is almost non-existent. In Jewish tradition, the basic principle is that local rabbis are required to be in constant contact with the public they serve and should be a prominent feature of local life, including in synagogues and in community organizations. It is very important that appointed rabbis live among their appointed communities in order to carry out their duties properly, and thus there is no reason to establish an exemptions committee for this issue.
5. Reduced representation of women in the selection of municipal rabbis. The proposed law seeks to reduce the required level of representation of women in the assembly responsible for selecting municipal rabbis, from the current 40% down to 33%. This clause represents a backward step for the status of women vis-à-vis the religious establishment, and comes on the heels of other amendments made recently by the minister to the regulations on Jewish religious services, which have considerably reduced the required level of women’s representation in positions relating to religious councils. Women’s representation in this area is very important, as women cannot stand for rabbinical positions themselves, and thus this is the only way in which they can influence decisions made by rabbis, which also affect them.
6. Additional paid work for municipal rabbis. Under current legislation, municipal rabbis employed in a full-time position are forbidden from engaging in other paid work, such as officiating at marriages, giving lessons, and providing kashrut supervision services; such tasks may only be performed on a voluntary basis, without compensation. However, the proposed law seeks to allow municipal rabbis to participate in additional paid work, subject to the approval of the Chief Rabbinate Council and the minister of religious services. This amendment does not limit the areas of work that the Chief Rabbinate Council and the minister of religious services can approve, nor does it require the agreement of representatives of the local authority for such approval to be given (the law merely requires that the minister and the Chief Rabbinate Council consult with the head of the local authority).