Legal Framework
Although the country has no constitution, a series of “Basic Laws” enumerate fundamental rights, which serve as the country’s constitutional foundation. The 1992 “Basic Law: Human Dignity and Liberty” describes the country as a “Jewish and democratic state” and references the Declaration of the Establishment of the State of Israel, which protects freedom to practice or not practice religious beliefs, including freedom of conscience, faith, religion and worship, regardless of an individual’s religion. The law incorporates religious freedom provisions of international human rights covenants into the country’s body of domestic law, which applies to citizens and Palestinian residents.
The 2018 “Basic Law: Israel – The Nation State of the Jewish People” (Nation State Law) recognizes only the Jewish People as having a national right of self-determination and calls for promotion of “Jewish settlement” in “the Land of Israel.” The law recommends – but does not require – that judges use Jewish jurisprudence and heritage as a source of legal principles in cases in which there is no relevant legislation or judicial precedent.
The Chief Rabbinate retains the sole authority to issue certificates of conversion to Judaism within the country under Orthodox interpretations of Jewish law. The Council of the Chief Rabbinate consists of Orthodox rabbis chosen by an assembly of rabbis, local government leaders, government ministers, and laypersons appointed by the government.
The government provides funding for both Orthodox and non-Orthodox conversion programs. Relatives of Jewish converts may not receive residency rights, except for the children of converts born after the parent’s conversion was complete.
The law recognizes only Judaism, Christianity, Islam, the Druze faith, and the Baha’i Faith. Christian religious communities recognized according to the adopted Ottoman millet (court) system include Eastern Orthodox, Latin (Roman Catholic), Gregorian-Armenian, Armenian Catholic, Syrian Catholic, Chaldean (Chaldean Uniate Catholic), Greek Catholic Melkite, Maronite, Syrian Orthodox, and Evangelical Episcopal. The Anglican and Baha’i communities are recognized through a British Mandate-era law adopted by the government. The government does not recognize other religious communities, including major Protestant denominations with a presence in the country, as distinct ethnoreligious communities. There are two legal pathways to formal recognition, according to laws adopted from the British Mandate period: by petitioning either the Prime Minister’s Office, according to the Order in Council, or the Ministry of Interior (MOI). Groups may appeal rejected applications to the Supreme Court.
Recognized religious communities are exempt from taxation of places of worship and may have separate courts to apply their religion’s personal status laws. Municipalities may levy property taxes on religious properties not used for prayer, such as schools, monasteries, pilgrim hostels, and soup kitchens.
Legislation establishes religious councils for Jewish communities and for the Druze. The Ministry of Religious Services (MRS) has jurisdiction over the country’s 133 Jewish religious councils that oversee the provision of religious services for Jewish communities. The government finances approximately 40 percent of the religious councils’ budgets, and local municipalities fund the remainder. The MOI Department of Non-Jewish Affairs has jurisdiction over religious matters concerning non-Jewish groups and oversees the religious council for the Druze. The Department of Non-Jewish Affairs annually convenes an interreligious council of all recognized religions, including Judaism, which serves as a discussion forum for recognized religious communities. The council did not meet in 2020 due to the COVID-19 pandemic.
The law criminalizes the damage, destruction, or desecration of religious sites (subject to seven years’ imprisonment) and actions that “harm the freedom of access” of worshippers to religious sites (subject to five years’ imprisonment). Certain religious sites considered antiquities receive further protection under the antiquities law. The Ministry of Tourism is responsible for the protection and upkeep of selected non-Jewish religious sites, while the MRS protects and maintains selected Jewish religious sites. The law also provides for up to five years’ imprisonment for actions “likely to violate the feelings of the members of the different religions” regarding their religious sites. The law grants the government, not the courts, the authority to decide the scope of the right to worship at certain religious sites.
The law criminalizes willfully and unjustly disturbing any meeting of persons lawfully assembled for religious worship or assaulting someone at such a meeting. It also criminalizes intentionally destroying, damaging, or desecrating any object held sacred by any group of persons, with punishment of up to three years’ imprisonment for violations. Government regulations recognize 16 sites as holy places for Jews, while various other budgetary and governmental authorities recognize an additional 160 places as holy for Jews.
The law criminalizes calling for, praising, supporting, or encouraging acts of violence or terrorism where such actions are likely to lead to violence, including calls for violence against religious groups. The law criminalizes statements demeaning, degrading, or showing violence toward someone based on race, but provides an exception for statements citing a religious source, unless there is proof of intent to incite racism. The infliction of “injury to religious sentiments” constitutes a criminal offense and is punishable by one year’s imprisonment. Such injury includes publishing or saying something that is liable to offend the religious sentiment or faith of others.
The Supreme Court has repeatedly ruled since 1993 that Jews have the right to pray on the Haram al-Sharif/Temple Mount, but police can restrict this right in the name of public order and safety. The court reiterated in 2019 that its precedent on this issue is nonintervention in government decisions, “except in highly unusual cases when the decision constitutes a major distortion of justice or is extremely unreasonable.” The court upheld this position again in a decision on May 19.
The “Nakba Law” prohibits institutions that receive government funding from engaging in commemoration of the Nakba, or “catastrophe,” the term used by Palestinians to refer to the displacement of hundreds of thousands of Palestinians during Israel’s 1948 War of Independence. Activities forbidden by the law include rejection of the existence of Israel as a “Jewish and democratic state” or commemorating “Israel’s Independence Day or the day on which the State was established as a day of mourning.”
The law requires citizens to obtain a permit from the MOI or the Prime Minister for travel to countries with no diplomatic relations with Israel, including Hajj travel to Saudi Arabia; the government issues these permits in the vast majority of cases. Illegal travel is punishable by a prison sentence or fine if the traveler does not request prior approval.
It is illegal to proselytize to a person younger than 18 without the consent of both parents. The law prohibits offering a material benefit in the course of proselytizing.
The government provides separate public schools for Jewish and Arab children, with instruction conducted in Hebrew and Arabic, respectively. For Jewish children there are separate public schools available for religious and secular families. Individual families may choose a public school system for their children regardless of ethnicity or religious observance. Minor children have the right to choose a public secular school instead of a religious school regardless of parental preference. By law, the state provides the equivalent of public school funding to two systems of “recognized but not official” (a form of semiprivate) ultra-Orthodox religious schools affiliated with ultra-Orthodox political parties, the United Torah Judaism-affiliated Independent Education System and the Shas-affiliated Fountain of Torah Education System. Churches, however, receive only partial government funding to operate “recognized but not official” schools. Palestinian residents in Jerusalem may send their children to one of these church schools or a private school operated by the Jerusalem Islamic Waqf; both include religious instruction. Some Israeli-funded public schools in Jerusalem use the Palestinian Authority curriculum. Religious education is part of the Palestinian Authority curriculum for students in grades one through six in these schools, with separate courses on religion for Muslims and Christians. Students in these schools could choose which class to take but could not opt out of religion courses.
The Law of Return provides the right for any Jew, including those who converted to Judaism, or any child or grandchild of a Jew, to immigrate to the country from a foreign country with his or her spouse and children. The minor children of a grandchild of a Jew receive humanitarian status but are not automatically granted citizenship. Non-Jews who are not descendants of Jews do not have this route to immigration. Under this law, those who completed an Orthodox Jewish conversion inside or outside the country are entitled to immigration, citizenship, and registration as Jews in the civil population registry. Those who completed conversion to Judaism outside the country, regardless of affiliation, are eligible for these benefits even if they are not recognized as Jewish by the Chief Rabbinate; this would include Reform, Conservative, and other affiliations of Judaism. The Population and Immigration Authority of the MOI recognizes Conservative and Reform conversions in the country for the purpose of being registered as Jewish in the population registry; however, those who convert through a non-Orthodox denomination, whether inside or outside Israel, are not able to obtain such religious services as marriage, divorce, or burial in a Jewish cemetery. Descendants of Jews qualify for immigration under this law regardless of the religious beliefs under which they were raised. The law considers those who were eligible for immigration and those who converted as adults to another religion, including Messianic Judaism, as no longer eligible for benefits under the Law of Return.
The Law of Citizenship and Entry, renewed annually, explicitly prohibits residence status for non-Jewish Iranians, Iraqis, Syrians, Lebanese, and Palestinians from the West Bank or Gaza, including those who are spouses of Israeli residents or citizens, unless the MOI makes a special determination, usually on humanitarian grounds.
The Chief Rabbinate determines who may be buried in Jewish state cemeteries, limiting this right to individuals considered Jewish by Orthodox Jewish standards. The law provides for the right of any individual to burial in a civil ceremony and requires the government to establish civil cemeteries in various areas around the country. The law criminalizes the intentional desecration of, or trespass on, places of burial, which is punishable by three years’ imprisonment.
Laws inherited from the Ottoman Empire and British Mandate periods establish the legal authority of religious courts operated by officially recognized religious communities over their members in matters of marriage, divorce, and burial. The law allows for civil registration of two persons as a married couple outside of the religious court system only if they married outside the country or if the partners are of different religions and their respective religious courts do not object to a civil registration, or if both partners are listed as “lacking religion” in the population registry. A law mandating women’s equality contains language that explicitly exempts matters of marriage, divorce, and appointments to religious positions.
The only domestic marriages with legal standing and that may be registered are those performed according to the religious statutes of recognized religious communities. Marriages performed outside of the country may be registered with the MOI. Members of some nonrecognized groups may process their personal status documents, including marriage licenses, only through the authorities of one of the recognized religious communities if those authorities agree.
The law imposes a two-year prison sentence for persons who conduct or are married in a Jewish wedding or divorce outside the Chief Rabbinate’s authority.
Religious courts have exclusive jurisdiction over divorce cases when the husband and wife are registered with the same recognized religion. Members of religious groups not permitting divorce, such as Catholics, may not obtain a divorce. Paternity cases among Muslim citizens are the exclusive jurisdiction of sharia courts. Civil courts have jurisdiction over personal status cases when religious courts lack jurisdiction, as in cases of interfaith and same-sex couples.
Matters stemming from divorce proceedings, including alimony, child support, child custody, guardianship, and property division, are under the parallel jurisdiction of religious and civil courts. The first court to receive a case acquires exclusive jurisdiction over it. The Jordanian Waqf administers Islamic courts in Jerusalem for Muslim residents, with the Ministry of Awqaf and Islamic Affairs in Jordan having appellate authority.
In accordance with halacha (Jewish religious law), a Jewish woman whose husband refuses to give her a get (Jewish legal writ of divorce) may not legally remarry in the country. While a rabbinical court may order a husband to give a get, it does not have the power to terminate the marriage if he refuses. In such cases, rabbinical courts may impose community-based punishments on the husband, including avoiding financial dealings with a get-refuser, excluding him from community activities, and advertising these decisions to the public. The law permits rabbinical courts to hear cases of get refusals in which the spouses are not Israeli citizens, if certain other conditions are met (for example, if the couple lives abroad in a location where there is no rabbinical court).
Secular courts have primary jurisdiction over questions of inheritance, but parties may file such cases in religious courts by mutual agreement. Decisions by these bodies are subject to Supreme Court review. The rabbinical courts, when exercising their power in civil matters, apply religious law, which varies from civil law, including in matters relating to the property rights of widows and daughters. A child born to a woman still married to another man is considered a mamzer (child of an unpermitted relationship) under Jewish law, which restricts the child’s future marriage prospects in the observant Jewish community.
Military service is compulsory for Jewish citizens, male Druze citizens, and male Circassian citizens (Muslims originally from the northwestern Caucasus region who migrated in the late nineteenth century).
Religious Jewish women and ultra-Orthodox men may request an exemption from military service. For most ultra-Orthodox yeshiva students, Jehovah’s Witnesses, and Druze religious students, military service is postponed for several years, after which they receive an exemption. A petition on the conscription of ultra-Orthodox men was pending at the Supreme Court as of the year’s end. Arab Muslims and Christians as well as Druze and Circassian women receive a de-facto exemption by not being called for military service. Those exempt from military service may volunteer for it or for civil-national service.
Membership in a recognized religion is recorded in the National Registry and generally passed from parents to children unless a person changes it through a formal conversion to another recognized religion. Religious identification is listed in the National Registry but not on official identity cards.
All citizens who meet the Chief Rabbinate’s criteria as “Jewish” under Jewish religious law are recorded as Jewish, whether Orthodox or not (unless they convert to another religion). Approximately 450,000 citizens who identify as Jewish but do not meet the Chief Rabbinate’s criteria as “Jewish” as well as members of religious groups that are not recognized are recorded as “lacking religion.” The vast majority are immigrants from the former Soviet Union and their children, who gained citizenship under the Law of Return but are not recognized as Jewish by the Chief Rabbinate because they cannot prove they meet the Orthodox definition of Jewish through matrilineal descent.
There is no legal requirement regarding personal observance or nonobservance of the Jewish Sabbath (Shabbat), from sunset on Fridays until sunset on Saturdays, and on Jewish holidays. The law, however, declares in the context of labor rights that Shabbat and Jewish holidays are national days of rest, while permitting non-Jewish workers alternate days of rest. The law criminalizes (up to one month imprisonment) employers who open their businesses and employ Jews on Shabbat, except those who are self-employed. There are exceptions for essential infrastructure and the hospitality, culture, and recreation industries. The law instructs the Minister of Labor and Welfare to take into account “Israel’s tradition,” among other factors, when considering whether to approve permits to work on Shabbat. The law prohibits discrimination against workers who refuse to work on their day of rest based on their religion and regardless of whether they are religiously observant.
The law prohibits discrimination in employment and occupation based on age, race, religion, national origin, ethnicity, sex, sexual orientation, and disability. The Equal Employment Opportunities Law prohibits an employer from discriminating against employees, contractors, or persons seeking employment.
The law includes hostility based on the victim’s religion as an aggravating circumstance in a murder charge, making the offense punishable by life imprisonment.
The law states that public transportation operated and funded by the national government may not operate on Shabbat, with exceptions for vehicles bringing passengers to hospitals, remote localities, and non-Jewish localities and for vehicles essential to public security or maintaining public transportation services.
The Chief Rabbinate has sole legal authority to issue certificates of kashrut, which certify a restaurant or factory’s adherence to Jewish dietary laws. On August 31, in response to a 2017 Supreme Court ruling, the Chief Rabbinate released guidelines formally permitting restaurants and other food businesses to display a declaration regarding the kashrut standards they observe and the organization that supervises those standards. A business may not use the words “kosher” or “certificate” and must clearly state that it does not have a kashrut license from the rabbinate.
The country is a party to the International Covenant on Civil and Political Rights with a reservation stating that matters of personal status are governed by the religious law of the parties concerned and the country reserves the right to apply that religious law when inconsistent with its obligations under the covenant.
Government Practices
Because religious and national identities were often closely linked, it was often difficult to categorize many incidents as being solely based on religious identity.
On June 7, authorities charged Zion Cohen in the Central District Court for arson and attempted arson, producing and holding weapons, breaking and entering, and attempting to destroy property with explosive materials. The Ministry of Justice said Cohen, a resident of the Golan Heights, carried out attacks on May 17 on the Rabbinical Court in Petah Tikva, the Ashdod Religious Council, the Tel Aviv Rabbinical Court, the Kfar Saba Religious Council, and the Kfar Saba Rabbinical Court. According to his indictment, Cohen sought to stop religious institutions’ provision of services to secular individuals, thereby furthering his goal of separating religion and state. According to authorities, Cohen began visiting religious institutions around the country, posing as a homeless person, to collect information. He set off 12 devices simultaneously, causing thousands of shekels worth of damage. According to the newspaper Haaretz, the government also suspected Cohen of carrying out a 2005 attack on a Tel Aviv rabbinical court that caused 2.7 million shekels ($840,000) in damage. As of the year’s end, Cohen was awaiting trial.
In July, the Haifa District Court upheld the 2019 conviction and sentencing of Raed Salah for incitement after he spoke at the 2017 funeral of three terrorists in favor of an attack that they had carried out earlier in the year that killed two police officers at the Haram al-Sharif/Temple Mount. In the sermon, Salah, head of the prohibited Islamic Movement, described the men as “martyrs of al-Aqsa.” In his 2019 defense, Salah stated that his views were religious opinions rooted in the Quran and that they did not include a direct call to violence. The three-judge appellate panel said that Salah’s arguments were “outrageous.” On August 15, Salah briefly addressed hundreds of supporters gathered outside Kishon Prison, where he was about to begin his 28-month sentence (including 11 months credited for time served), stating, “Every Muslim and Arab in the world is proud of you. I do not respect the court’s decision.”
On January 1, DIPO indicted a detective from the Beit Shemesh police for assault and obstruction of justice after detaining an ultra-Orthodox protester in 2019 and pull him by his earlock. The police suspended the officer, and authorities continued to investigate the case as of November.
On December 4, police arrested an Orthodox Jewish man for trying to set fire to the Church of All Nations at the Garden of Gethsemene on the Mount of Olives in Jerusalem. The suspect poured flammable liquid inside the Catholic church and set it on fire before a church guard detained him and police took him into custody. On December 31, a judge found the assailant mentally incompetent and remanded him to a psychiatric institution for up to 20 years.
On December 22, press outlets reported that hundreds of ultra-Orthodox demonstrators blocked several main roads in Jerusalem to protest the arrest of 20-year-old yeshiva student Shechna Rotenberg, who failed to report for induction into the Israel Defense Forces (IDF) after being conscripted. The protestors threw bottles at police who responded to the demonstration, injuring three. Protestors also surrounded the car of a senior IDF officer, Major General Yoel Strick, whom they identified as he passed by the area, threatening to physically harm him. A special police unit rescued Strick after he drew his handgun in self-defense. Police arrested three demonstrators.
Press reports stated that, on December 7, hundreds of ultra-Orthodox demonstrators protested in Jerusalem against light rail construction on Bar Ilan Street, which borders neighborhoods inhabited by ultra-Orthodox Jews, arguing that it would harm the ultra-Orthodox character of the area. Police said 25 protesters were arrested, saying that one of them had been in possession of a pocketknife, a baton, and pepper spray. Organizers of the protest posted signs that said “Ultra-Orthodox Judaism will in no way accept the destruction of its neighborhoods, and the ultra-Orthodox of Jerusalem will all stand firmly…and will not rest until the complete abolition of the horrific decree.”
The government continued to allow controlled access to the Haram al-Sharif/Temple Mount, with only Muslims permitted to engage in religious worship there. The government stated it understood the post-1967 status quo pertaining to the Haram al-Sharif/Temple Mount to allow non-Muslim visitors but prohibit non-Islamic worship on the compound, while Israel respects Jordan’s “special role” at the site, as reflected in the 1994 Israel-Jordan peace treaty. Muslim representatives stated that they generally have a different understanding of the status quo and that the Waqf should have full autonomy in administering the site (reflecting wide Palestinian and Muslim rejection of Israeli authority or sovereignty at the site) and that only Muslim worshippers are entitled to unrestricted access to the site.
In January, worshippers at the Haram al-Sharif/Temple Mount and mosques in Gaza and the occupied West Bank engaged in a protest campaign called “The Great Fajr [Dawn] Campaign,” after daily dawn prayers. Hamas and other Islamic organizations called on worshippers to gather for Friday fajr prayers at the Haram al-Sharif/Temple Mount in Jerusalem and the Ibrahimi Mosque/Tomb of the Patriarchs in Hebron in the West Bank to defend them against “violations” by Israeli Jews. Media reports on January 17 stated that police dispersed protestors at the Haram al-Sharif/Temple Mount after Friday dawn prayers. Press reports said that Palestinian demonstrators chanted slogans recalling the Muslim massacre of Jews at the Battle of Khaybar, near Medina, in the seventh century. Police broke up the impromptu demonstration without incident. Clashes between police and demonstrators occurred at other times near the site in January and February. Press reports stated that at least 10 Palestinian Muslims were injured by rubber bullets fired by police on January 31 and that police turned away “hundreds” of worshippers from the Haram al-Sharif/Temple Mount on February 7.
The Jordanian Waqf in Jerusalem administers the Haram al-Sharif/Temple Mount, while the Jordanian Ministry of Islamic Affairs and Holy Places supports maintenance and salary of the Waqf staff in Jerusalem. The issue of the use of the Bab al-Rahma/Gate of Mercy, a building within the Haram al-Sharif/Temple Mount that was reopened by the Waqf in 2019 after it had been closed since 2003, remained unresolved. The government stated it regarded the reopening as a violation of the status quo. On July 2, Israeli police asked the Jerusalem Magistrate Court to reimpose the court-ordered closure of the building, stating, according to the media, that it would be used again by Hamas, based on evidence that the building had been used in 2003 by an organization affiliated with Hamas. Police asked the Waqf to close the building permanently. On July 12, the court asked the Waqf to provide its views within 60 days regarding the closure of the Bab al-Rahma. The Waqf stated that it did not recognize the authority of Israeli courts over the Haram al-Sharif/Temple Mount. Throughout the year, Muslim worshippers could generally enter the site, although Israeli police regularly conducted security searches there.
Israeli media reported that security forces arrested six Muslim worshippers at the Haram al-Sharif/Temple Mount on January 7 for “shouting nationalist rhetoric.” Video of the incident showed police kicking one of those arrested. Police and the Waqf reached agreement to close the site from March 22 to May 31 to both Muslim and non-Muslim visitors due to the COVID-19 pandemic. The Waqf said it sought to close the site on one other occasion but kept it open because Israeli authorities did not agree to simultaneously close it to non-Muslim visitors. The Israeli government stated that the public regulations in place at that time did not mandate closure of the site. Government authorities closed the Church of the Holy Sepulchre, other houses of worship, and holy sites for Passover, Eid al-Fitr, and Easter holidays as well as for the Ramadan and Lenten seasons due to the COVID-19 pandemic. Christian leaders stated that they were frustrated when Israel restricted indoor gatherings, including religious services, to 10 persons, saying that the cap was based on the number of men required for a minyan (a Jewish prayer quorum) and did not allow for greater numbers by taking into account the size of religious buildings and ability to socially distance safely. Israeli authorities made exceptions to health restrictions for Easter and Christmas services, allowing greater but still limited public attendance. Authorities also restricted the size of synagogue congregations during Rosh Hashanah and Yom Kippur.
Government restrictions on gathering for prayer varied from March through December due to the COVID-19 pandemic. During a nationwide lockdown in the spring, no gatherings were allowed, including for prayer; at other times, prayer gatherings of 10 to 20 persons were allowed, including in roped-off groups at the Western Wall. Guidelines at other periods were more lenient.
On January 29, Israeli authorities briefly closed the Haram al-Sharif/Temple Mount after two Palestinians were arrested for attempting to carry out a stabbing attack against police.
On September 6, an association of Islamic leaders in Jerusalem issued a statement accusing police and authorities of violating the sanctity of the Haram al-Sharif/Temple Mount by erecting ladders and installing loudspeakers at the entrance to the Lions Gate. The Waqf posted photos showing the police and other staff mounting the roof and installing the equipment. The Ministry of Foreign Affairs said that the speakers were installed outside the compound and were for the safety of individuals visiting the site.
Authorities in some instances barred specific individuals from the Haram al-Sharif/Temple Mount site, including Jewish activists believed to have violated the status quo understanding prohibiting non-Islamic prayer, Muslims believed to have verbally harassed or acted violently against non-Muslim visitors to the site or incited others to violence, and public figures whose presence authorities feared would inflame tensions. Banned individuals included Waqf guards and administrative and maintenance staff and imams delivering sermons at the site. The Wadi Hilweh Center reported that Israeli authorities banned 46 Waqf staff during the year. The government stated the police banned individuals from accessing the Haram al-Sharif/Temple Mount only in cases of violation of public order or a disturbance to the freedom of worship. The government said that these bans were authorized according to procedures approved by police officials and courts, and that they targeted both Jews and Muslims who “called for violence and disrupted the peace” at the site. According to the government, 225 individuals, including Jews and Muslims, were banned from the Haram al-Sharif/Temple Mount for different time periods. The Wadi Hilweh Information Center reported Israeli authorities banned 315 individuals from the site during the year.
While the government stated it was rare for any individual to be barred entry to the Haram al-Sharif/Temple Mount, human rights and civil society organizations said Israeli authorities banned Palestinians from Gaza and the occupied West Bank, Palestinian residents of Jerusalem, as well as Arab and Jewish citizens of Israel. Palestinian civil society organizations said that starting in November, police checked the identify cards of individuals entering the Old City to visit the site for Friday prayers and would bar from entry those with West Bank identity cards and return them to the West Bank.
Media outlets reported Israeli authorities barred prominent Muslims from the site for periods of time. Radwan Amr, director of the manuscripts department at al-Aqsa Mosque was barred for six months. Sheikh Issam Amireh, a senior leader of the Hizb al-Tahrir political party, was also barred for six months after he called the beheading of a teacher by a Muslim terrorist in France a “great honor for all Muslims” during a sermon at the site. On January 18, the Israeli police barred Ekrima Sabri, the imam of the al-Aqsa Mosque, head of the private Islamic Higher Committee in Jerusalem, and the former Palestinian Grand Mufti, from the Haram al-Sharif/Temple Mount for a period of four months after accusing him of incitement in a January 17 sermon. On May 29, authorities detained Sabri again and later informed him that he would not be allowed to visit the site for an additional four months. On October 28, police raided the office of the deputy director of the Waqf, Najeh Bkirat, in the Haram al-Sharif/Temple Mount and told him to report to the intelligence services in seven days, when he was told that he would be banned from entering the site for six months. According to media, Bkirat was banned for “incitement” against the normalization agreements between Israel and Arab countries, and against the visitors from those countries to the site, as well as for his possible linkages to Hamas. On November 26, authorities presented him with an order that he would not be allowed in the site for three months. Bkirat told the International Middle East Media Center in November that since 2003, police had banned him from the site 21 times for a period of more than seven years, adding: “In 2019, I was admitted into the mosque only for one week.”
In addition, human rights and civil society organizations said Israeli authorities at times restricted some Muslims based on gender and age from entering the site. Israeli authorities have not issued permits for Gazans to visit the site during Muslim holidays since 2017, when it issued a few hundred permits during Ramadan, according to UN reports. Muslims who are Israeli citizens, Palestinian residents of Jerusalem, or foreigners already present in Israel do not need permits to visit the site.
The Waqf also said that Israeli authorities interfered in the administration of the site by the Waqf, including maintenance and restoration work. Israeli officials and activists stated the Waqf sometimes attempted to conduct repairs without coordinating with Israeli authorities. For example, pictures on the Waqf’s Facebook page showed their personnel digging at the site on March 31, while the site was closed to visitors due to the COVID-19 pandemic. In addition to the police banning individual Waqf staff members from visiting the site, the Waqf said that it had a greatly reduced capacity to administer the site because Israeli authorities refused to grant permits to new staff.
In January, the Attorney General allowed the Chief Rabbinate, for the first time, to issue indictments against business owners who presented their products as kosher without having a kashrut certificate. During the year, the rabbinate filed 21 such indictments.
In July, the Chief Rabbinate council exempted, for the first time, importers of foods from presenting a local kashrut certificate prior to receiving a kosher stamp when the imported product already had been certified as kosher by a local kosher certification agency or rabbi.
Some religious minority groups complained of lack of police interest in investigating attacks on members of their communities. Data from the NGO Tag Meir, which tracks hate crimes, and from media reports indicated in recent years authorities had indicted few suspects in attacks on religious sites in the country.
According to the most recent data from the MRS, 30,260 individuals applied for Jewish marriage during the year, although no figures were available regarding the number of those who were asked by rabbinical courts to prove their Jewish identity. In 2019, 34,083 individuals registered a Jewish marriage and rabbinical courts instructed 3,064 who self-identified as Jewish to prove their Jewish lineage. One-and-a-half percent of the 4,449 cases of proving Jewish lineage closed in 2019 were unsuccessful, some of which carried over from previous years. Jewish couples who could not marry through the rabbinate or travel abroad to marry due to government-imposed COVID-19 restrictions generally were left without an opportunity to marry. Similarly, those who otherwise wanted to marry outside the rabbinate were left without an alternative due to the pandemic. According to the CBS, 9,021 weddings took place abroad and were later registered in the country during 2018, the most recent data available.
In late December, according to the press and NGOs, several couples married online in the state of Utah in order to circumvent the law’s requirement that marriages must be performed according to the religious statutes of a recognized religious community in order to be registered. The Population Immigration and Border Authority accepted four couples’ marriage certificates and registered the marriages, including of a lesbian couple. Upon learning of the loophole, Minister of Interior Aryeh Deri ordered the registration process for the couples to be stopped to allow further review by senior officials. According to the NGO Hiddush, this action contradicted previous Supreme Court verdicts.
On August 17, the Jerusalem Administrative Court ruled that an initiative of the Jerusalem municipality to hold small ceremonies in public venues during the COVID-19 pandemic must not discriminate against couples who could not or were not interested in an Orthodox ceremony, although such marriages could not be officially registered.
On June 21, the Tel Aviv Municipality announced that it would allow couples who could not or chose not to marry under current laws to register and enjoy all the rights and financial benefits provided to married couples by the municipality. According to the announcement, LGBTI couples, interfaith couples, couples who could not marry under current laws, and secular couples who did not want to marry in the rabbinate were among those allowed to register. Registration as a couple provided discounts on such items as property taxes and preschool registration for children. Tel Aviv mayor Ron Huldai stated the city was taking the step to celebrate gay pride week, and the municipal government had decided to “challenge the [central] government [on the issue of civil marriage] and enable partnership based on a declaration.” The Ramat Gan and Rishon LeTzion municipalities adopted similar policies in November and December.
Local authorities circumvented the ban on public transportation on Shabbat by funding privately operated bus lines. On March 26, the Tel Aviv District Court rejected a petition filed by the NGO Chotam against the operation of transportation services on Shabbat by the Ramat Gan municipality, arguing that the services were planned to balance the different needs of Ramat residents, and an effort was made to minimize passage through religious areas. According to a September Hiddush poll, 71 percent of Jewish citizens were in favor of transportation on weekends, including 96 percent of citizens who described themselves as secular.
Women’s rights organizations, including the Israel Women’s Action Network, expressed concern about gender segregation in publicly funded or sponsored events and in academia, to accommodate ultra-Orthodox and some Orthodox Jews.
The Chief Rabbinate continued not to recognize as Jewish some citizens who self-identified as Jewish, including Reform and Conservative converts to Judaism and others who could not prove Jewish matrilineage to the satisfaction of the Chief Rabbinate. As a result, the government prohibited those individuals from accessing official Jewish marriage, divorce, and burial services in the country. Some Orthodox and non-Orthodox rabbis, however, officiated at a growing number of these ceremonies outside of the authority of the Chief Rabbinate. The government continued not to allow Jewish men with priestly patrilineage (kohanim) to marry converts or divorcees, in accordance with halacha.
On August 4, following a 2019 order by the Supreme Court, an additional closed hearing was held by an expanded panel of the Supreme Court on a 2018 Supreme Rabbinical Court ruling which found that a woman who engaged in an extramarital relationship had no rights to her and her husband’s home. In 2019, the petitioners argued that the rabbinical court put a heavy weight on the adultery in its decision, which they said should not be a consideration in decisions regarding property. The case was pending as of year’s end.
According to the NGO Mavoi Satum, not wanting to be married is not one of the specific causes for divorce allowed based on halacha, and over the years, some rabbinical courts have ruled against this argument as a cause for divorce. According to Mavoi Satum, in two cases during the year, rabbinical courts overreached their authority by allowing recalcitrant husbands to reopen negotiations over divorce agreements signed between partners and validated by another rabbinical court.
On September 21, the Supreme Court ordered the Minister of Justice to hold a disciplinary hearing for the chief rabbi of the city of Safed, Shmuel Eliyahu, for making racist and offensive statements against Arabs and for defaming state institutions following a 2016 petition against his comments filed by the Israel Religious Action Center, Tag Meir, and other NGOs. The court stated, however, that comments the rabbi made against Arab, Druze, women, and the LGBTI community based on his religious perspective were protected within his freedom of speech as a city rabbi.
Israeli police continued to be responsible for security at the Haram al-Sharif/Temple Mount, with police officers stationed inside the site and at entrances. Police conducted routine patrols on the outdoor plaza and inside buildings on the site and regulated pedestrian traffic exiting and entering the site. Israeli police continued to maintain exclusive control of the Mughrabi Gate entrance through which non-Muslims entered the site and allowed visitors through the gate during set hours; however, police sometimes restricted this access, citing security concerns.
Some Jewish groups performed religious acts such as prayers and prostration on the Haram al-Sharif/Temple Mount despite the ban on non-Islamic prayer there. The government reiterated that non-Islamic prayer was not allowed on the grounds of the site; Prime Minister Netanyahu reiterated this view in a campaign event in March. However, NGOs, media, and Jewish Temple Mount advocacy groups continued to report that in practice, police generally allowed discreet non-Muslim prayer on the site. Police continued to screen non-Muslims for religious articles. Police allowed Jewish male visitors who were visibly wearing a kippah (head covering) and tzitzit (fringes), and those who wished to enter the site barefoot (in accordance with interpretations of halacha) to enter with police escort.
The Waqf continued to restrict non-Muslims who visited the Haram al-Sharif/Temple Mount from entering the Dome of the Rock and other buildings dedicated for Islamic worship, including the al-Aqsa Mosque, unless they were participating in a Waqf-sponsored visit. The Waqf also lodged objections with Israeli police concerning non-Muslim visitors wearing religious symbols or religious clothing. Israeli police sometimes acted upon these objections.
Waqf officials repeated previous years’ complaints over their lack of control of access to the site. The Waqf objected to non-Muslims praying or performing religious acts on the site and to individuals whom they perceived to be dressed immodestly or who caused disturbances, but they lacked authority to remove such persons from the site. Waqf officials stated Israeli police did not coordinate with the Waqf on decisions regarding entry and barring of Muslim and non-Muslim visitors to the site. Waqf employees remained stationed inside each gate and on the plaza, but Waqf officials exercised only a limited oversight. The government extended visiting hours in the afternoon by 30 minutes to prevent large groups forming at the entrance for non-Muslims in accordance with COVID-19 health restrictions.
Following the announcement of normalized relations with several Arab countries, Muslim visitors from the Gulf were at times harassed in person and vilified on social media by Palestinian Muslims for visiting the site. The Palestinian Authority Mufti of Jerusalem, who has no authority over holy sites, issued a fatwa denying access to the site to Muslims from countries that established diplomatic relations with Israel, but the Jordanian Waqf rejected the fatwa. The Waqf stated that Muslim visitors from those countries were brought by Israeli officials without coordination with the Waqf. The government welcomed these visits as a positive outcome of normalization and as a demonstration of freedom of religion.
The NGO Returning to the Mount filed a petition to the Supreme Court May 4 demanding the government allow Jewish visitors to enter the Haram al-Sharif/Temple Mount. The NGO argued that the arrangement at that time – in which only Muslim Waqf staff were allowed to enter the site due to the COVID-19 pandemic – discriminated against Jews who wished to visit. The court rejected the petition on May 19, stating it did not find grounds to interfere with the government’s discretion. On June 23, the Supreme Court ordered the government to respond by November 21 to a petition by the NGO Moked Israeli Center for the Advancement of Democracy and Protection of Human Rights, which objected to a sign near the Haram al-Sharif/Temple Mount discouraging non-Muslim visitors from entering the site. The case was ongoing as of the years’ end. The Waqf and others criticized non-Muslim visitors who entered the site escorted by police as “settlers” and said they “stormed” the site.
Many Jewish religious leaders, including the government-appointed rabbi of the Western Wall, continued to say Jewish law prohibited Jews from entering the Haram al-Sharif/Temple Mount for reasons of ritual purity. Some Jewish religious leaders, MKs, and activists called for reversing the policy of banning non-Islamic prayer at the site to provide equal religious freedom for all visitors.
The government continued to allow MKs and ministers to visit the Haram al-Sharif/Temple Mount site. MKs were required to inform the Knesset guard at least 24 hours prior to the visit to allow for coordination with police.
At the main Western Wall plaza, the place of worship nearest the Haram al-Sharif/Temple Mount, Judaism’s holiest site, the government continued to prohibit the performance of any “religious ceremony that is not in accordance with the customs of the place, which harms the feelings of the public towards the place.” Authorities interpreted this prohibition to include mixed-gender Jewish prayer services, to the objection of the Jewish Conservative and Reform movements. The organization Women of the Wall, whose goal is to secure the official right for women to pray at the Western Wall, argued that their monthly presence at the wall for more than 30 years had established them as part of the “customs of the place.”
Authorities continued to prohibit visitors from bringing private Torah scrolls to the main Western Wall plaza and women from accessing the public Torah scrolls or giving priestly blessings at the site. Authorities, however, permitted women to pray with tefillin and prayer shawls pursuant to a 2013 Jerusalem District Court ruling stating it was illegal to arrest or fine them for such actions.
Within COVID-19 limitations, authorities allowed Women of the Wall to hold its monthly service in a barricaded portion of the women’s area of the main Western Wall, or as a pod at the rear of the main plaza along with other separated prayer pods. However, when the Western Wall was open for prayers by groups of only 10 people at a time, Women of the Wall reported that rabbi of the Western Wall Shmuel Rabinowitz rejected their April 19 request for a group of 10 women from Jerusalem to pray there, despite approving such requests for ultra-Orthodox visitors from outside of Jerusalem.
Representatives of Women of the Wall complained of a lack of effort by police or ushers from the Western Wall Heritage Foundation, which administers the Western Wall main plaza, to intervene when ultra-Orthodox women and men disrupted their monthly prayer service with screaming, whistling, and pushing. In response, the government stated that large numbers of police, ushers, and security personnel maintained order on occasions when Women of the Wall prayed there. A 2017 petition to the Supreme Court by Women of the Wall asking that ushers and police prevent disruption of their services was under review at year’s end.
Authorities continued to allow use of a temporary platform south of the Mughrabi ramp and adjacent to the Western Wall, but not visible from the main Western Wall plaza, for non-Orthodox “egalitarian” (mixed gender) Jewish prayers. Authorities designated the platform for members of the Conservative and Reform movements of Judaism, including for religious ceremonies such as bar and bat mitzvahs. The Supreme Court criticized the government on November 4 for its lack of progress since 2018 on upgrading the area to a permanent egalitarian prayer space. The government blamed the delay on multiple rounds of national elections, the COVID-19 pandemic, and an obstacle posed by a Jerusalem municipality planning committee, but also stated that it was not under a legal obligation to implement the construction plan. The court ordered the government to make progress by April 4, 2021. This case was a combination of lawsuits against the government, some dating back to 2013, that would allow prayer for all religious streams of Judaism at the Western Wall. In 2017, the government “froze” a 2016 agreement with non-Orthodox Jewish groups that would have offered them symbolic recognition, in addition to upgrading the egalitarian prayer space. In 2018, a special government committee approved expansion of the temporary platform. The non-Orthodox Jewish movements stated that upgrading the prayer space alone would not fulfill their 2016 agreement with the government. The court case was ongoing as of the end of the year. In addition, observers stated that scaffolding prevented visitors from touching the sacred wall in the egalitarian prayer space since a rock fell there in 2018. Over the same period, the Western Wall Heritage Foundation managed large construction projects in the main plaza, making routine inspections for loose rocks at the main plaza without blocking access to the wall.
The government continued to promote the establishment of a cable car route from the First Station cultural complex in Jerusalem to the Dung Gate of the Old City that would pass over a Karaite cemetery. In September, the Jerusalem Municipality published a tender for the construction of the cable car, and on September 9, a Jerusalem local planning committee approved the expropriation of more than 10,000 square meters (108,000 square feet) of private lands, mostly in Silwan, for construction of the project. According to the Karaite community, the cable car would desecrate the cemetery, thus preventing its further use. The government stated the cable car was meant to solve accessibility problems to holy sites such as the Western Wall, but some NGOs said the project was meant to specifically promote Jewish touristic sites in East Jerusalem and to reinforce Israel’s claims of sovereignty over the area. The plan was pending final approval from the government at year’s end. Three petitions against the cable car, filed by the Karaite community, the NGO Emek Shaveh, and the NGO Israel Union for Environmental Defense were pending with the Supreme Court at year’s end.
After workers sent by the Jerusalem municipality demolished a wall and stairs in the Islamic al-Yusufiye Cemetery to make way for a park in November, local Palestinians gathered in protest and the work stopped. On December 24, the Jerusalem District Court issued a temporary restraining order against the municipality, forcing the city to suspend its work. The cemetery, which is hundreds of years old, is affiliated with the Islamic Waqf and adjacent to the Old City.
The barrier that divided the majority of the occupied West Bank from Israel also divided some communities in Jerusalem, affecting residents’ access to places of worship, employment, agricultural lands, schools, and hospitals, as well as the conduct of journalism and humanitarian and NGO activities. The government stated that the barrier was needed for security reasons.
On November 30, a court cited the country’s Nation State Law in dismissing a lawsuit brought by two Arab schoolchildren against their northern town of Carmiel, ruling that the town’s “Jewish character” must be preserved. The children’s family asked to be reimbursed for expenses incurred for traveling to an Arabic-speaking school outside the city, because there are no such schools in Carmiel which has a population that is only 6 percent Arab. Although the court provided seven reasons for dismissing the suit, Haaretz reported that the ruling drew “criticism for citing the controversial nation-state law passed in 2018, which officially defines Israel as the national homeland of the Jewish people and asserts that ‘the realization of the right to national self-determination in Israel is unique to the Jewish people’” and for stipulating that the Jewish people alone, as a people, have the right to self-determination in Israel. According to the magistrate court judge’s ruling, “Carmiel is a Jewish city which is intended to strengthen Jewish settlement in the Galilee.” The court ruling also said “The development of Jewish settlement is therefore a national value, one anchored in basic law. It ought to be an appropriate and dominant consideration in the array of municipal considerations, including for the issue of establishment schools and funding transportation.” A Justice Ministry attorney told a Knesset panel that the Nation State Law should not impinge on the individual civil rights of non-Jews. In a separate court proceeding, Attorney General Avichai Mendelblit stated that he believed the dismissal of the case expressed a misinterpretation of that law. The children’s family said they would appeal the court’s decision. Bills to cancel or amend the Nation State Law have been submitted in the Knesset but have not been approved.
Several groups, including religious minorities and human rights NGOs, continued to criticize the Nation State Law. On December 22, the Supreme Court heard 15 petitions filed by human rights groups and Arab and Druze citizens asking the court to strike down the law and declare as unconstitutional several specific articles the plaintiffs said were discriminatory. As the court was hearing arguments in the case, Prime Minister Netanyahu wrote on Facebook that the Supreme Court “has no authority to debate the validity of Basic Laws,” adding that the court “is not an absolute ruler.”
In 2019, six Orthodox women halacha students and NGOs petitioned the Supreme Court to permit women to take halacha examinations used to ordain rabbis. While Orthodox women cannot become rabbis, passing the examinations is equal to receiving a bachelor’s degree and grants an advantage when applying for certain public sector positions. On June 29, in its response to the petition, the government proposed to establish a parallel examination operated by the Ministry of Education rather than the rabbinate. On June 30, Chief Rabbi Yitzhak Yosef threatened that the rabbinate would not conduct any exams to ordain state-authorized rabbis, including for men, if the court ruled that women could be ordained, in contradiction to halacha. On July 27, the Supreme Court issued an injunction ordering the government to explain why the rejection of registration of women for halacha examinations does not constitute discrimination and why the court should not rule that the Chief Rabbinate must allow women to register for such examinations. At year’s end, the case was still pending.
Separate public and semipublic school systems varied widely in educational quality, according to NGOs and international organizations. Muslim, Christian, Druze, and ultra-Orthodox students passed the matriculation exam at lower rates than their non-ultra-Orthodox Jewish counterparts.
The government continued operating educational and scholarship programs to benefit Arab students. Between the academic years 2009/10 and 2020/21, the percentage of Arab students rose significantly in all university degree programs, increasing from 13 percent to 19 percent in undergraduate programs, from 7 percent to 15 percent in master’s programs, and from 5 percent to 7 percent in doctoral programs, according to the Central Bureau of Statistics.
According to the press, in June, a kosher supervisor from the Chief Rabbinate revoked the kashrut certificate of Kalo Cafe, a Jerusalem restaurant, for allegedly allowing a Palestinian cook to operate kitchen equipment in contravention of Kashrut rules that only allow Jews to do so. The cafe’s owner decided to renounce the kashrut certification, which the restaurant had maintained for 25 years, and said he regarded the rabbinate’s suggestion that he fire his employee as “racist.” Social media users protested the certificate decision on the Chief Rabbinate’s Facebook page, which, according to the Times of Israel, evoked “insulting” responses from the rabbinate’s account, for which the Chief Rabbinate apologized; the responses were also deleted.
In June, Falafel HaTeomim, a restaurant in Givataim, stopped paying the rabbinate for supervision of its kitchen after 42 years due to a downturn in business caused by the COVID-19 pandemic. The rabbinate subsequently withdrew its kosher certificate for the restaurant and according to media reports, placed notices in the nearby city of Bnei Brak that the rabbinate could no longer certify the restaurant as kosher and that the public should “know and beware.” Strong public reactions supporting the restaurant and its owners and against the rabbinate followed the press reports, including from the chair of the Reform movement, who said the rabbinate was “rotten from its base, filled with corruption and inconsiderate of business owners.”
In June, city officials in Lod stated that the Islamic call to prayer, particularly at high volume and in the early hours of the morning, was a violation of city ordinances. According to the website Al-Monitor, for several months municipal authorities measured the volume of the call to prayer and issued warnings to the imams of local mosques. The authorities asked police to enforce the law, stating the mosques were disturbing the peace. They also asked the MOI to summon one of the mosques’ imams to a hearing, stating that since his salary was paid by the ministry, he should follow their instructions. In April, Arab members of the city council, local imams, and the People’s Committee of Lod sent a letter demanding that the municipality refrain from intervening in the calls to prayer. The letter was distributed in mosques and stated that the muezzin and the call to prayer represented “our Islamic presence, identity, and roots.” The letter said the city’s efforts regarding the calls to prayer were a declaration of a “religious war” and that the clerics and the Arab leadership in the city would not be responsible if the situation worsened.
The MOI continued to rely on the sole discretion and approval of the Jewish Agency, a parastatal organization, to determine who qualified to immigrate as a Jew or descendant of a Jew. The government continued to deny applications from individuals, including those holding Messianic or Christian beliefs, whom the government said became ineligible when they converted to another religion.
A group of Orthodox rabbis continued to operate a private conversion court for children of families whom the state or rabbinical courts did not recognize as Jews. The Chief Rabbinate and MOI continued not to recognize non-Orthodox converts to Judaism as Jews, although they remained eligible for immigration under the Law of Return if they converted outside the country. In June, the press reported that Interior Minister Aryeh Deri asked the Prime Minister to support a bill that was aimed at giving the rabbinate sole control over conversions, precluding private Orthodox conversions and those recognized by the Conservative and Reform movements.
A series of Supreme Court cases on conversion rights, including a petition demanding immigration rights to those who completed Reform or Conservative conversions inside the country, continued through year’s end. On December 7, the Supreme Court, noting that the case had been pending since 2005 and that the government had filed numerous requests for delays while it sought a legislative solution, said that there was no reason to further delay a ruling. It asked the petitioners to update their legal briefs by December 21. The petition was pending at year’s end.
The rabbinate asked some individuals from the former Soviet Union to take DNA tests in order to prove their Jewish heritage. On January 22, the Supreme Court “erased” a petition against such DNA tests and gave the Chief Rabbinate a year to regulate the procedure, including setting clear criteria for when a test should be conducted and clarifying the meaning of refusal to be tested. If after one year the issue is not regulated, the court said the petitioners would be legally able to submit a new petition.
In February, Hiddush filed suit in the Jerusalem District Court challenging the Jerusalem municipality’s exclusion of synagogues representing Reform, Conservative, egalitarian Orthodox, and other independent Jewish communities as well as non-Jewish religious institutions (primarily Muslim and Christian) from the “Religion and Tradition” section of the municipal website, which only includes information about Orthodox synagogues and institutions. In July, after the city deleted the list of synagogues in the city from the municipal website, Hiddush stated the municipality took the step to avoid publicizing non-Orthodox synagogues and non-Jewish houses of worship.
According to a November 9 Times of Israel report, Jerusalem mayor Moshe Lion and his administration proposed a plan to designate seats on Jerusalem community councils as either ultra-Orthodox or not. Jerusalem is the country’s only municipality to use community councils, which were established to provide greater communication between the city’s diverse populations and the municipal government. Each council has 15 members, nine elected and six appointed. Lion said the proposal was designed to reduce conflicts on the councils and to ensure that the views of minority communities were represented. Members of both the ultra-Orthodox and non-ultra-Orthodox communities expressed concerns about the proposal, with one describing it as “undemocratic.” There are eight community councils serving Palestinian neighborhoods in East Jerusalem as well, but none of them has elected members.
On January 7, Ynet posted a video of Sephardic Chief Rabbi Yosef speaking at a conference in which he referred to immigrants from the former Soviet Union as “not Jews at all,” “communists,” “hostile to religion,” and “haters of religion,” who “vote for parties that incite against the ultra-Orthodox and against religion.” The video also depicted Yosef saying the immigrants were brought to Israel to “act as a political weight against the ultra-Orthodox.” On February 16, the predominantly secular Yisrael Beitenu party filed a Supreme Court petition against the chief rabbi that demanded the court issue an injunction to force the Minister of Justice to explain why the religious court judges’ committee had not convened to discuss the termination of the chief rabbi and why a complaint had not been filed against him in the disciplinary tribunal. Reacting to the chief rabbi’s comments, the Prime Minister said that immigration from the former Soviet Union had been a “boon” for the country. The head of the Blue and White Party said that the chief rabbi needed to apologize and that the country had a “debt” to those who had emigrated from the former Soviet Union.
On July 9, media published a speech of Chief Rabbi Yosef in which he stated that Reform Judaism is “falsified Judaism.” On October 25 the ombudsman of the Israeli judiciary recommended the committee appointing rabbinic judges convene to discuss whether Chief Rabbi Yosef, who also acts as the president of the rabbinical court, should continue in this role, following a complaint by the NGO Israeli Religious Action Center (IRAC) regarding his negative statements against the Reform movement, women, and the High Court of Justice. The chief rabbi stated that he stood behind his words.
Members of some minorities said that the government did not provide the same service and benefits to them as to the country’s majority Jewish population. In May, the Druze and Circassian communities called a general strike in their villages and protested in front of the Prime Minister’s office, complaining that budgetary funding for their communities at large and for their towns and villages was insufficient to meet their needs and that the COVID-19 pandemic only exacerbated their challenges. In May, Arab citizens’ local councils also led protests against what they described as the failure to offer Arab municipalities sufficient COVID-19 relief for tax shortfalls in those localities. Arab leaders also stated that there was insufficient information or COVID-19 testing provided to their community after the pandemic’s outbreak.
On April 30, a national labor court ordered an examination of retroactive salary compensation to 16 Ethiopian Israeli keisim (Jewish religious leaders) and rabbis as a result of wage gaps between them and other religious council employees from 1992 onward.
The MRS listed 28 dedicated cemeteries in Israel and West Bank settlements for civil burial and burial of persons the government defined as “lacking religion,” but only three were available for use to the general public regardless of residence, and one had been full for several years. The other cemeteries, located in agricultural localities, were permitted to bury only “residents of the area.” This, according to Hiddush, left the majority of the country’s population deprived of the ability to exercise its right, as mandated by law, to be buried in accordance with secular or non-Orthodox religious views. The two MRS-administered cemeteries in West Bank settlements were available only for the burial of Israeli citizens. On December 12, the Supreme Court, as a part of a petition by Hiddush, issued an order instructing the state to explain why it would not allow civil burial in agricultural localities for individuals who were not local residents and who do not have another alternative. The case was pending as of the end of the year.
According to Hiddush, an absolute majority of the MRS licenses for civil burial are held by Jewish Orthodox NGOs and religious councils. Some of these organizations, according to Hiddush, conducted a “less religious burial” rather than a secular one, did not allow burial in a coffin, and stated on their websites that their services were only for non-Jews. In an October letter, Hiddush called upon the Minister of Religious Services to cease issuing licenses to these groups and to set clear rules regarding the obligations of the organizations providing civil burial services.
The government again did not propose new draft legislation to reduce inequality in the burden of military service between ultra-Orthodox and other Jews, despite its commitment to the Supreme Court following the 2017 Supreme Court verdict which struck down the exemption of ultra-Orthodox men from military service. On November 3, after approving several postponements over the years, the Supreme Court rejected a government request to postpone the implementation of the verdict again, ruling that the amendment providing for the exemption of ultra-Orthodox men from military service would be canceled on February 1, 2021. According to press reporting, the court determined that no additional deferrals would be granted to the government on the issue.
While some ultra-Orthodox communities stated that mandatory conscription was a violation of the right to conscientious objection on the basis of religious beliefs, the Ministry of Defense rejected this argument. The IDF reported increasing numbers of ultra-Orthodox recruits since at least 2011, mainly into dedicated ultra-Orthodox units such as the Netzah Yehuda Battalion. A scandal arose in December 2019, however, when media reported that the IDF inflated the number of ultra-Orthodox men in its ranks over several years to meet its quotas. For example, 1,300 ultra-Orthodox men enlisted in 2017, but the IDF reported 3,070, according to KAN Radio. In 2018, the IDF established the Ultra-Orthodox Draft Administration. The commander of the administration, Lt. Col. Telem Hazan, opened an inquiry after an unnamed official asked him to file a falsified report with inflated numbers, according to press reports.
Those exempt from compulsory military service continued to have the option to join the National Service, a civilian alternative in which volunteers work for two years to promote social welfare in schools, hospitals, or NGOs. According to government officials and NGOs, this alternative was more popular among women from Jewish Orthodox backgrounds than other exempt groups.
Members of the ultra-Orthodox Eda Haredit community did not receive an exemption from military service based on its members’ conscientious objection on religious grounds because its yeshivas were not recognized by the state and young men studying in those yeshivas did not submit draft exemption applications. As a result, dozens of them were arrested every month, according to representatives of the community.
On August 9, the Supreme Court rejected a petition by members of the ultra-Orthodox Satmer community demanding an exemption from military service based on conscientious objection on religious grounds because they do not recognize the state. The court ruled it would not intervene in the state’s rejection of a blanket exemption for a specific community.
According to the Karaite community’s NGO, during the year the IDF requested religious Karaite women who sought to be exempted from military service to declare their status as religious women at a rabbinical court, which would be contrary to their beliefs. Up until 2020, Karaite women were able to submit a letter from a Jewish Karaite court to the IDF to prove their status.
On June 28, the government’s Cable and Satellite Broadcasting Council announced that it had ordered a U.S.-based evangelical broadcaster, GOD TV, off the air, saying the company’s Hebrew-language Shelanu channel hid its missionary agenda when it applied for a license. The chairman of the council, in explaining the decision, said, “The channel appeals to Jews with Christian content.” Its original request was for a “station targeting the Christian population.” In a statement, the broadcaster said that the license unambiguously states that the channel will broadcast Christian content in Hebrew to the general Israeli public and accused the council chairman of revoking the license because he was close to former Communications Minister David Ansalem, who had condemned the license granted to the Shelanu channel before he left the ministry. A spokesman said the Shelanu channel would reapply for a license. According to Haaretz, several government ministers and the Chief Rabbinate were among those who complained to the council about the station’s proselytizing of Israeli Jews. During the council’s review of the station’s license following public criticism of its programming, Shelanu said that the threat to suspend its license was unprecedented and that such a suspension “could constitute blatant discrimination on the basis of religion.” On June 30, the cable provider that had carried the station said it would not act on Shelanu’s behalf to reapply for the license.
According to the website of Brigham Young University’s Jerusalem Center, the government maintained an agreement with The Church of Jesus Christ of Latter-day Saints that no member of the Church “will engage in proselytizing of any kind” within Israel, the West Bank and Gaza, as a condition of its lease of land for its campus on the Mount of Olives in Jerusalem. Some other nonrecognized Christian communities reported that the MOI Department of Non-Jewish Affairs discouraged them from proselytizing or holding large public gatherings outside their houses of worship.
The Center of Scientology Israel reported that it was targeted by the NGO Israeli Center for Victims of Cults (ICVC) and falsely categorized as a “domestic violence and familial sexual abuse” organization. ICVC was partially funded by the government and paid for a campaign to target Scientology online.
The government maintained its policy of not accepting applications for official recognition from nonrecognized religious groups, including evangelical Christian churches and Jehovah’s Witnesses. The government stated no religious community had attempted to apply for recognition during the year. The government stated some leaders of nonrecognized religions were invited and participated, along with the leaders of recognized religions, in official events and ceremonies.
A Supreme Court petition by Jehovah’s Witnesses that requested official recognition as a religious community was pending as of the year’s end. According to Jehovah’s Witnesses, despite repeated requests, the government had not taken action on the group’s original 2017 application for recognition. The court had not reached a decision by year’s end.
The Knesset’s finance committee rejected applications for tax-deductible status by Jehovah’s Witnesses NGO Watchtower Association of Israel and the Messianic Jewish NGO Yachad Ramat Hasharon, despite objections from legal advisors in the Ministry of Justice and the Tax Authority. A petition by the Jehovah’s Witness to the Supreme Court regarding the matter was pending at the year’s end.
According to the Secular Forum, growing “religionization” (hadata) of the education system continued, including in textbooks and through programs in schools taught by Orthodox NGOs. On February 6, the Supreme Court issued an injunction ordering the Ministry of Education to explain why it should not expand its criteria to fund religious NGOs conducting Jewish education in secular schools to include pluralistic organizations conducting religious education in secular schools. According to Molad – The Center for the Renewal of Israeli Democracy, the hadata in schools was politically motivated with the goal of increasing support for settlers.
Public Hebrew-language state schools taught Jewish history, culture, and some basic religious texts. Many ultra-Orthodox religious schools in the “recognized but not official” category continued not to offer the basic humanities, mathematics, and science curriculum. The government, however, included that basic curriculum in public ultra-Orthodox schools. Public Arabic-speaking schools continued to teach religion classes on the Quran and the Bible to both Muslim and Christian Arab students. A few independent mixed Jewish-Arab schools also offered religion classes. For example, the curriculum at the nonprofit school Hand-in-Hand: Center for Jewish-Arab Education, which received a third of its funding from the government, emphasized commonalities in the holy writings of Judaism, Christianity, and Islam.
The government funded approximately 34 percent of the budget of Christian school systems in the “recognized but not official” category, in which schools had autonomy over hiring teachers, admitting students, and the use of school property, according to church officials. The government repeated its offer made in previous years to fully fund Christian schools if they became part of the public school system, but churches rejected this option, stating that, unlike in Orthodox schools, they would lose autonomy over hiring, admitting students, and use of property. Church leaders criticized the disparity between government funding for their schools and those affiliated with the ultra-Orthodox political parties United Torah Judaism and Shas, which were also categorized as “recognized but not official” but received full government funding.
Seventh-day Adventists and others who worshipped on Saturday stated they faced difficulty traveling to their houses of worship in cities in which public transportation was unavailable on Shabbat, including Jerusalem. Some nonrecognized religious groups, including Jehovah’s Witnesses and Seventh-day Adventists, received a property tax exemption on their houses of worship, although others, such as Buddhists and the Church of Scientology, did not. The government said local authorities conducted tax collection from nonrecognized religious groups in accordance with the law. The government stated it was unaware of any recent case in which a religious house of worship was not granted a property tax exemption, although representatives of religious groups stated that tax collection by local authorities remained a concern.
Christian leaders reported little difficulty obtaining visas for clergy to serve in the country, except for Christian clergy from Arab countries, some of whom reported long delays for, and periodic denials of their visa applications. The government stated Christian clergy from Arab countries were subject to the same entry laws and similar security procedures as clergy from other parts of the world and that any visa delays or denials were due to security reviews. The government also said there were some “unavoidable delays” in cases of applicants from countries that did not have diplomatic relations with Israel. Church officials noted that the clergy visa did not allow the bearer access to basic social benefits such as disability insurance or national health insurance, even for those who had served in the country for more than 30 years.
The government continued to approve annual “delays” of conscription to military service for individual members of Jehovah’s Witnesses upon presentation of documentation of their continued affiliation with the religious community without acknowledging their right to conscientious objection. Because members of the community were not legally exempt from military service, they could not participate in the national civil service program as alternative service.
The government employed an “appropriate representation” policy for non-Jewish minorities in the civil service. The percentage of Arab employees in the public sector was 12.2 percent (61.5 percent of them entry-level), according to the Civil Service Commission. The percentage of Arab employees in the 62 government-owned companies was approximately 2.5 percent; however, during the year Arab citizens held 12 percent of director positions in government-owned companies, up from 1 percent in 2000, and Arab workers held 11 percent of government positions, up from 5 percent in 2000, according to Sikkuy, an NGO that supports full equality between Jewish and Arab citizens.
The MOI appointed and funded approximately half of the Druze and Muslim clerics in the country and continued to train Druze and Muslim clerical employees of the state on how to work with government ministries. Muslim leaders criticized the MOI for appointing non-Muslims – mostly Druze former military officers – to head the Muslim Affairs Department at the ministry. Muslim leaders again said the MOI routinely monitored and summoned for “talks” those whom the ministry suspected of opposing government policies. The government said it did not monitor clerics, but government employees of all faiths were “expected not to incite against the state in their official capacities.” The government stated the remaining Druze and Muslim clerics were not state employees due to either the preference of the local community or lack of MOI budgetary resources. Muslim leaders stated sharia court judges, who were Ministry of Justice employees, were their preferred religious representatives.
No Islamic seminaries remained in the country, and students of Islam traveled elsewhere, primarily Jordan or the West Bank, to study. The government stated there were “Islamic colleges” in Umm al-Fahm, Baqa’a al-Gharbia, and Kfar Baraa. Muslim leaders continued to reject this assertion and stated that none of those institutes was an Islamic seminary.
The government continued to promote measures to encourage increased Israeli residence and economic development in the thinly populated Negev Desert in the south of the country, including development plans for military industries, railways, the expansion of Road 6, and a phosphate mine. Civil society organizations criticized government plans, stating they could lead to the displacement of 36,000 Bedouins. The government made more funding available for government-approved Bedouin cities and towns to relocate Bedouins displaced by the economic expansion.
In reports on its website, the NGO Adalah: The Legal Center for Arab Minority Rights in Israel, stated that the government discriminated against the Bedouin residents of the Negev in several ways, including charging those in unrecognized villages the highest water prices in the country; refusing to classify camels as “farm animals”; preventing Bedouin herders from using the grazing land in the region; not addressing overcrowded and unsanitary conditions in local schools; and displacing residents to allow for the expansion of primarily Jewish towns and the relocation or expansion of government military facilities.
In March, the NGOs Adalah and the Public Committee Against Torture in Israel (PCATI) filed a petition with the Supreme Court asking that it order the investigation of the death of teacher Yaqub Musa Abu al-Qian be reopened. Police shot and killed Abu al-Qian, a teacher in his fifties, in 2017 during an operation to demolish homes in the unrecognized village of Umm al-Hiran, which was scheduled to be replaced by the Orthodox-only Jewish town of Hiran. After he was shot, Abu al-Qian’s car struck and killed a police officer. The government accused Abu al-Qian of intentionally killing the officer. The then-Minister of Public Security said Abu al-Qian was a “terrorist.” The NGOs’ petition disputed the details of the government’s account of the incident and presented a review of the police investigation by outside experts to support their argument that Abu al-Qian was driving at a speed of 10 kilometers (six miles) per hour when police opened fire, that the officer who shot Abu al-Qian did not believe his life was in danger, and that police and medical personnel had not provided medical care that may have saved Abu al-Qian’s life, but allowed him to bleed to death. Similar accounts appeared in the media, including in television news reports featuring internal police communications about the incident and the newspaper Haaretz. On September 13, Adalah and PCATI submitted an urgent motion to the Supreme Court for an immediate hearing on their March petition and asked for a reopening of the investigation. No hearing had been held by year’s end.
Bedouin residents in the unrecognized village of Umm al-Hiran continued to not fulfill their 2018 agreement with the Ministry of Agriculture Authority for the Development and Settlement of Bedouin in the Negev to demolish their structures and relocate to vacant plots in the Bedouin town of Hura. The agreement followed years of legal battles and negotiations on replacing Umm al-Hiran with a new community called Hiran. Jewish families sponsored by the OR Movement (an organization dedicated to expanding the Israeli population of the Negev and Galilee regions) to move to Hiran remained in the forest outside Umm al-Hiran, living in mobile homes donated by the Jewish National Fund, while waiting for the village land to become available.
Some former mosques and Islamic cemeteries remained sealed and inaccessible, including to Muslims. These sites belonged to a defunct prestate Waqf (distinct from the Jordanian-administered Waqf in Jerusalem) until confiscated by the state after the 1948 War of Independence. Other former mosques continued to be used for secular purposes. According to the Turkish press agency Anadolu, a study prepared by Kamal Khatib of the High Follow Up Committee for Arab Citizens of Israel found that since the War of Independence, 15 mosques had been converted into synagogues by the government, 40 mosques were either destroyed, closed, or abandoned, while 17 others had been turned into barns, bars, restaurants, or museums.
On June 8, the Tel Aviv-Yafo municipality decided to resume construction of a homeless shelter on the remains of the Ottoman-era al-Issaf Islamic cemetery, sparking protests from Jaffa’s Arab citizen residents. While the protests remained mostly peaceful, some residents were arrested for violently confronting the police and destroying municipal property. Several Arab and ultra-Orthodox political parties publicly showed support for the demonstrators, calling on authorities to respect the sensitivity of burial sites. Two city council members from Jaffa resigned from the city’s ruling coalition to protest the municipality’s decision. The Tel Aviv District Court initially ordered all construction to cease due to lack of up-to-date construction permits, but later approved the construction. The Islamic Council of Jaffa petitioned the High Court of Justice to stop construction but asked the court to delete the petition on August 27. Construction resumed soon after, and the Tel Aviv Municipality committed to excavate the site using manual methods acceptable for burial sites and avoid harming the remains of the cemetery.
Muslim community leaders reported no difficulties obtaining municipal approval for construction of mosques in Muslim-majority localities, but they sometimes faced difficulty in Jewish-majority localities.
On June 6, the Karaite community submitted a second petition to the Supreme Court to block the expropriation of land previously allocated to a Karaite synagogue in Ramla for the construction of a highway interchange. The Karaites stated that the loss of land and the new interchange would disrupt their religious and communal activity. The petition remained pending at year’s end.
The Government Press Office requested journalists to refrain from reporting from ultra-Orthodox areas in April due to the occasion of Passover.
The IDF continued to have only Orthodox Jewish chaplains. The government employed civilian clergy of different faiths, including Muslim imams, as chaplains at military burials when a non-Jewish soldier died in service.
In some ultra-Orthodox neighborhoods, private organizations posted “modesty signs” demanding women obscure themselves from public view to avoid distracting devout men. The Supreme Court ordered the Beit Shemesh municipality to remove such signs in 2018 or face fines. While the municipality took down some signs, it did not fully implement the ruling, and some that were removed were replaced by new ones. The court extended the deadline for the removal of the signs to September 30 to allow the municipality to discuss the matter with the residents.
In some ultra-Orthodox neighborhoods, vandals repeatedly tore down or defaced billboards showing pictures of women, including commercial advertisements, public awareness campaigns, and political advertisements.
On April 30, the Supreme Court ruled on a petition by NGOs Adalah and the Secular Forum against a ban on bringing nonkosher foods (known as hametz) into public hospitals during Passover. According to the verdict, hospitals must allow nonkosher food for Passover, while finding appropriate arrangements within 10 months that would allow keeping the hospital food kosher. The alternatives offered include establishing hametz areas or using disposable plates and utensils for hametz. On June 16, the Chief Rabbinate requested an additional hearing on the case; the court had not ruled on the request as of year’s end.
According to the NGO HaMoked, there were approximately 10,000 Palestinians living in Israel, including in Jerusalem, on temporary stay permits because of the citizenship and entry law, with no legal guarantee they could continue living with their families. There were also cases of Palestinian spouses of Palestinian residents living in East Jerusalem without legal status. Some Palestinian residents moved to Jerusalem neighborhoods outside the security barrier to live with their nonresident spouse and children while maintaining Jerusalem residency. According to Christian religious leaders, this situation remained an especially acute problem for Christians because of their small population and consequent tendency to marry Christians from the West Bank or elsewhere (Christians who hold neither citizenship nor residency). A Christian religious leader expressed concern that this was a significant element in the continuing decline of the Christian population, including in Jerusalem, which negatively affected the long-term viability of their communities.
According to NGOs, community members, and media commentators, factors contributing to Christian emigration included political instability; the inability to obtain residency permits for spouses due to the 2003 Law of Citizenship and Entry; the limited ability of Christian communities in the Jerusalem area to expand due to building restrictions; the difficulties Christian clergy experienced in obtaining Israeli visas and residency permits; loss of confidence in the peace process; and economic hardships created by the establishment of the barrier and the imposition of travel restrictions. The government stated such difficulties stemmed from the “complex political and security reality” and not from any restrictions on the Christian community itself.
The law continued to prevent the Israel Land Authority (ILA), which administered the 93 percent of the country in the public domain, to lease land to foreigners. In practice, however, foreigners were allowed to lease if they could show they would qualify as Jewish under the Law of Return. This public land included approximately 12.5 percent owned by the Jewish National Fund (JNF), whose statutes strictly prohibited sale or lease of land to non-Jews. The application of ILA restrictions continued to limit the ability of Muslim and Christian residents of Jerusalem who were not citizens to purchase property built on state land, including in parts of Jerusalem. In recent years, however, an increasing number of Palestinian citizens in Jerusalem have acquired property built on ILA-owned land. Arab citizens were allowed to place bids on JNF land, but sources stated that the ILA granted the JNF another parcel of land whenever an Arab citizen of Israel won a bid. Despite a 2018 Supreme Court ruling that the ILA Executive Council must include an Arab, Druze, or Circassian member to prevent discrimination against non-Jews, there were no members from these groups on the council at year’s end.
On June 24, the Jerusalem District Court denied a request by the Greek Orthodox Patriarchate to block the transfer of three properties in Jerusalem’s Old City to Ateret Cohanim, a Jewish prosettlement organization, which signed a 99-year lease for the properties in 2004. The District Court’s decision followed similar rulings by the Supreme Court in 2019 and a lower court in 2017. The Church had argued that its official who signed the lease was not authorized to do so. The Church filed the district court lawsuit after the Supreme Court decision, stating it had new evidence of corruption and fraud involving the sale. Following the district court decision, the Greek Orthodox Patriarchate released a statement saying it received the ruling with “surprise” and that “We believe the court erred in its decision and intend to launch an appeal at the Supreme Court.”
On July 7, 13 heads of churches and Christian communities in Jerusalem issued a joint statement that the court’s ruling on the three properties threatened Christian presence in the city. The heads of the churches said that they stood united in their “commitment to safeguarding the historical status quo of the Holy Sites and rights of the churches which are universally recognized.” According to the statement, the case represented a “systematic attempt to undermine the integrity of the holy city, to obstruct the Christian pilgrim route, and to weaken the Christian presence in Jerusalem.” The heads of the churches called on the Israeli government “to act in order to safeguard the integrity of the Christian heritage and patrimony in the Old City as well as the holy sites and the rights of the residents of the Christian Quarter of Jerusalem.”
Under the Israeli Antiquities Law, excavations within a sacred site require the approval of a ministerial committee, which includes the Ministers of Culture, Justice, and Religious Affairs. The government stated that Israel Antiquities Authority (IAA) researchers “have greatly intensified their research on ‘non-Jewish’ periods in the history of the land of Israel, [including] the Prehistoric, Early Bronze, Byzantine, Muslim, Mamluk, and Ottoman periods.” Palestinian residents of Jerusalem and Muslim leaders continued to protest archaeological excavations and construction work done at the City of David National Park in the Silwan neighborhood outside the Old City, and in the Old City near the Haram al-Sharif/Temple Mount, including an elevator being installed at the rear of the Western Wall plaza. Some NGOs monitoring archaeological practices in Jerusalem continued to state the IAA emphasized archaeological finds that bolstered Jewish claims while minimizing historically significant archaeological finds of other religions. Archeologists from Emek Shaveh continued to dispute the government’s representation of the “Pilgrim’s Road,” a tunnel dug by the IAA and inaugurated in Silwan in 2019, as being historically part of the pilgrimage route to the Jewish Second Temple; Emek Shaveh said the excavation method did not establish with certainty the date and purpose of the road. NGOs such as the City of David Foundation (El-Ad) and the Jerusalem Institute for Strategic Studies continued to support the government’s position.
The Secular Forum and Hiddush continued to demand regular family visits to army bases on Shabbat, although the IDF committee established in 2019 following a petition by the Secular Forum and Hiddush concluded its work, according to a July 7 letter to Hiddush. In the letter, the IDF stated that the committee created unified procedures for visits on Shabbat but had not yet published them. Secular Forum and Hiddush originally petitioned the IDF because family visits on Shabbat were regularly cancelled.
The NGO Secular Forum reported that in response to complaints it had filed about IDF members being punished for using private refrigerators to store personal food items, the IDF issued an order allowing soldiers to bring outside food, including nonkosher food, into IDF facilities and to store nonkosher food in private or communal refrigerators.
The Israel Women’s Action Network and other women’s rights NGOs continued to cite a trend of gender segregation in government institutions, including the IDF. The NGOs said this increased accommodation of Jewish religious observance was intended to attract more personnel from groups that strictly interpreted Jewish law prohibiting mixing of the sexes. In 2019, following a wave of protests by “national religious” rabbis, the IDF stopped allowing women to serve in combat positions in the armored corps despite a successful pilot program. The IDF chief of staff, in a response to Supreme Court petitions on the matter, announced he would extend the pilot program and make a final decision on the matter in 2022. Many observers, however, stated that the trend in recent years has been toward greater inclusion of women in the IDF, including in combat roles and senior leadership positions.
According to a November report in the Jerusalem Post, the Beersheba Magistrate’s Court convicted an unnamed Bedouin man of polygamy and sentenced him to seven months in prison, the second such conviction in two years. According to a 2019 Associated Press report, the government was trying to end the custom of polygamy among Bedouins in the Negev and, for the first time, prosecuted suspected polygamists. Many Bedouins stated they saw this new policy as a means to curb their population growth and criminalize community members. On August 14, Haaretz reported that the government said it would change its method for selling building lots in Bedouin communities in order to prevent them from being purchased by women in polygamous marriages. Although the country outlawed polygamy decades ago, approximately 20 to 30 percent of Bedouin men practiced polygamy, according to government figures, with the rate as high as 60 percent in some villages.
On August 19, Minister of Education Yoav Galant intervened in Bible studies curriculum by cutting out Jewish history satirical sketches from the television show HaYehudim Baim (The Jews are Coming), posted on a Ministry of Education’s website including supplementary content for Bible studies teachers, following a protest from Orthodox rabbis. On August 21, the NGO Association for Civil Rights in Israel demanded that the Attorney General instruct the Minister that he has no authority to intervene in the school curriculum.
At year’s end, the Knesset had 17 members from religious minorities (11 Muslims, four Druze, and two Christians). There were no Druze, Muslim, or Christian members of the cabinet.
Because religious and national identities were often closely linked, it was often difficult to categorize many incidents as being solely based on religious identity.
Christian clergy and pilgrims continued to report instances of ultra-Orthodox Jews in Jerusalem harassing or spitting on them. In one incident in June, a Catholic friar reported being assaulted in public by three men wearing kippot (yarmulkes) who spit at and verbally attacked him. When the attackers began physically assaulting the friar, bystanders intervened and forced the attackers to leave. According to the priest, police did not respond to telephone calls for assistance during the attack but recorded a complaint filed by the victim.
On November 16, an employee of the emergency medical service Magen David Adom was filmed spitting on Christian icons placed in a hallway of a building after he collected a sample for a coronavirus test. Magen David Adom dismissed the Jewish worker, who said he did it because the symbols were “idol worship.”
Yuri Logvanenko, a chef formerly employed by the Rehovot branch of the Yochanof supermarket chain, filed suit against the store after the chain demoted and then fired him after his Jewish status was questioned by a kashrut supervisor. Four days after Logvanenko started work at the branch, the store’s kashrut supervisor approached him and demanded in front of other employees that he prove his Jewish identity. His attorneys said that Logvanenko, who had worked at another Yochanof location for seven months prior to transferring to Rehovot, was “abused and harmed in his workplace” because he was born in the Soviet Union. Logvanenko stated that he felt he was the victim of “racism.”
According to press reports, on August 5, former Knesset member Moshe Feiglin posted a comment on Facebook calling the massive August 4 explosion in the port of Beirut “a gift from God,” in time for the celebration of the Jewish feast of Tu B’av. In a subsequent radio interview, Feiglin said “We are all allowed to rejoice in that it exploded in the port of Beirut and not Tel Aviv.” Observers noted that Feiglin’s comments were not representative of public and government sentiment. Many social media users described Feiglin’s comments as “hateful” and disturbing; the government worked through diplomatic channels to offer medical and humanitarian assistance to the government of Lebanon. Feiglin later removed the Facebook post. On December 30, President Reuven Rivlin reiterated that the “State of Israel will always be committed to freedom of religion.”
During the funeral of Iyad Halak, a Palestinian student who was fatally shot on May 30 by police officers, hundreds of mourners reportedly chanted “Khaybar, Khaybar, oh Jews, the army of [the Prophet] Mohammed will return,” a taunt referring to the seventh century Muslim massacre and expulsion of the Jews of Khaybar. Israeli police in Jerusalem’s Old City fatally shot Halak, who had autism, on June 30 after he allegedly failed to follow police orders to halt. Police stated they believed Halak was carrying a “suspicious object.” Defense Minister Benny Gantz expressed regret for the incident and called for a quick investigation. On October 21, DIPO issued a statement that the prosecution intended to indict, pending a hearing, a police officer suspected of the shooting on charges of reckless homicide. According to the Ministry of Justice, investigators carefully examined the circumstances of the incident and determined that Halak had not posed any danger to police and civilians who were at the scene, that the police officer discharged his weapon not in accordance with police procedures, and that the police officer had not taken proportionate alternative measures that were at his disposal.
On June 10, Women of the Wall and the IRAC filed a petition against Rabbi David Yosef of the Har Nof neighborhood of Jerusalem, demanding a disciplinary hearing following repeated statements in which he allegedly incited against and disdained Women of the Wall. The case was pending at year’s end.
According to missionary organizations, societal attitudes toward missionary activities and conversion to other religions continued to be negative. Some Jews continued to oppose missionary activity directed at Jews, saying it amounted to religious harassment, and reacted with hostility toward Jewish converts to Christianity, such as Messianic Jews.
Jehovah’s Witnesses reported that, following a 2019 complaint regarding an attack on two Jehovah’s Witnesses members during a door-to-door activity in Bat Yam, police summoned one of the members and told her that the individual who had attacked her later submitted a complaint against her for making threats and trespassing in her efforts to convert him to Christianity. According to the government, the investigation into the incident was ongoing at year’s end.
Members of the Lehava antiassimilation organization, described by press as a radical right-wing Jewish group opposing romantic relationships between Jews and non-Jews, continued to criticize or assault Arab men who were in relationships with Jewish women and to harass “mixed” couples. In a September video released online, Lehava indicated that over the previous Jewish year it had “explained to 278 Arabs, in a language they understand, the prohibition on dating Jewish women.” A trial against Lehava director Ben-Tzion Gopstein for offenses of incitement to terrorism, violence, and racism opened on June 8 and was ongoing at year’s end. Lehava and Yad L’Achim continued to stop instances of cohabitation between Jewish women and Arab men by sometimes “launching military-like rescues from ‘hostile’ Arab villages,” according to Yad L’Achim’s website.
There continued to be reports of ultra-Orthodox Jews in public areas of their neighborhoods harassing individuals who did not conform to Jewish Orthodox traditions, such as by driving on Shabbat or wearing clothing that they perceived as immodest. The harassment included verbal abuse, spitting, and throwing stones.
Tension continued between the ultra-Orthodox community and other citizens, including concerns related to service in the IDF, housing, public transportation, participation in the workforce, and adherence to COVID-19 regulations. Press and NGOs said that the COVID-19 outbreak intensified tensions between ultra-Orthodox and secular Israelis, as viral videos showing large gatherings at ultra-Orthodox weddings and funerals reinforced a stereotype that the ultra-Orthodox as a whole disregarded state authority and the public good. Many ultra-Orthodox stated they disagreed with COVID-19 restrictions that limited religious gatherings but permitted months of large demonstrations against Prime Minister Netanyahu.
On March 14, Rabbi Chaim Kanievsky, a major figure in the ultra-Orthodox community, ordered his followers to continue studies in their yeshivas and to continue large weddings and funerals, despite Ministry of Health orders to the contrary. In late March, Kanievsky reversed his earlier decision and called for his followers to pray alone. As a result of widespread failure to obey government directives, the ultra-Orthodox community accounted for a disproportionately high percentage of the country’s COVID-19 cases, according to the press. On April 2, the government declared Bnei Brak, one of the country’s poorest and most densely populated cities with a large ultra-Orthodox population, to be a “restricted zone.” The government subsequently ordered the IDF into the city to provide relief services and security. One government expert estimated that up to 38 percent of the city’s 200,000 ultra-Orthodox inhabitants were infected with the COVID-19 virus. The government later closed off other cities and neighborhoods because of the pandemic, many of them ultra-Orthodox.
Ultra-Orthodox communities across the country celebrated the holidays of Lag B’Omer, Sukkot, and Simhat Torah in mass gatherings, despite government restrictions related to the COVID-19 pandemic. On October 6, Haaretz reported that the Jerusalem police allowed several ultra-Orthodox communities in the city to hold mass events as long as there would not be “public documentation” of them. In October, Haaretz published an analysis that said, “On the coronavirus map, Israel is currently divided into two countries: the ultra-Orthodox population and all the rest.” Anat Hoffman, executive director of the IRAC and one of the founders of Women of the Wall, told the UK publication the New Statesman that COVID-19 “magnifies” the already fraught relationship between the ultra-Orthodox minority and the secular majority and that the country is witnessing a “backlash” against the central role of the ultra-Orthodox minority in national politics. In the article, Hoffman said “The feeling among the seculars…is that the [country’s] lockdown is on secular activities.”
Because of COVID-19 restrictions, the Ziv Medical Center refused to hand over the remains of Druze religious leader Sheikh Abu Zain Aldin Hassan Halabi after he died of the virus there on October 30. Members of the Druze community, however, took his body from the hospital for a funeral and burial on the Golan Heights. According to press, “thousands” attended the event, which was coordinated with police and the Ministry of Health in the city of Majdal Shams, which was under lockdown due to high rates of COVID-19 infection. “Price tag” attacks by Jewish individuals and groups continued to take place during the year against individuals – particularly Arab/Palestinian citizens of Israel and Palestinians of the occupied West Bank and their property – with the stated purpose of exacting a “price” for actions taken by the government against the attackers’ interests. On February 11, tires of 170 cars were vandalized and graffiti was sprayed on a mosque and on walls in Gush Halav, also known as Jish, that said, “Jews wake up” and “Stop intermarrying.”
“Price tag” attacks by Jewish individuals and groups continued to take place during the year against individuals – particularly Arab/Palestinian citizens of Israel and Palestinians of the occupied West Bank and their property – with the stated purpose of exacting a “price” for actions taken by the government against the attackers’ interests. On February 11, tires of 170 cars were vandalized and graffiti was sprayed on a mosque and on walls in Gush Halav, also known as Jish, that said, “Jews wake up” and “Stop intermarrying.”
Authorities opened an investigation following a suspected arson and price tag attack against a mosque in the Beit Safafa neighborhood of Jerusalem on January 24. Press reported that the suspect left Hebrew graffiti on an outside wall of the building that appeared to be a reference to Kumi Uri, a settler outpost in which the IDF had demolished buildings earlier in the month.
The NGO Tag Meir continued to organize visits to areas where “price tag” attacks occurred and to sponsor activities promoting tolerance in response to the attacks.
Although the Chief Rabbinate and rabbis of many ultra-Orthodox denominations continued to discourage Jewish visits to the Haram al-Sharif/Temple Mount site due to the ongoing halakhic debate about whether it is permissible or forbidden for Jews to enter the Temple Mount, some Orthodox rabbis continued to say entering the site was permissible. Many among the self-identified “national religious” Zionist community stated they found meaning in visiting the site. Groups such as the Temple Institute and Yaraeh continued to call for increased Jewish access and prayer there as well as the construction of a third Jewish temple on the site. In some cases, Israeli police prevented individuals from praying and removed them; in other cases, reported by the Waqf, on social media, and by NGOs, police appeared not to notice the activity. According to local media, some Jewish groups escorted by Israeli police performed religious acts such as prayers and prostration. Some Jewish visitors publicly noted that the National Police were more permissive to them in permitting silent prayer. According to the Wadi Hilweh Information Center, visits by activists associated with the Temple Mount movement decreased to 18,500 from 30,000 in 2019, largely due to COVID-19 restrictions.
NGOs reported that some LGBTI minors who revealed their sexual orientation in religious communities faced expulsion from their homes and stigmatization by rabbis. NGOs noted reports of mental illness among the LGBTI minor community, leading some to attempt suicide. Other NGOs noted that an increasing number of rabbis, educators, and community leaders in Orthodox Jewish communities were adopting a more inclusive approach to LGBTI minors.
On February 4, then-Minister of Education Rafi Peretz announced he would grant an Israel Prize for Torah literature to Rabbi Yaacov Ariel, the former rabbi of Ramat Gan, who made public statements against LGBTI persons, including a 2014 call not to rent apartments to lesbian couples. On April 26, the Supreme Court rejected a petition filed by the Israel LGBT Taskforce, an NGO (also known as the Aguda), against the granting of the prize to Ariel, stating the case did not justify the court’s intervention. Ariel refused to retract his statements.
Several religious NGOs, Orthodox and non-Orthodox, sought to break the rabbinate’s monopoly over issues that included kashrut certificates for burial, marriage, and divorce.
According to the NGO Panim, 2,486 weddings took place outside of the rabbinate’s authority in 2019, compared with 2,610 in 2018. These included unofficial orthodox, conservative, reform, and secular ceremonies.
According to Bar Ilan University’s Rackman Center for the Advancement of the Status of Women, thousands of Jewish women were “trapped” in various stages of informal or formal get (divorce) refusals, especially in the Orthodox and ultra-Orthodox communities. The Rackman Center stated that in some instances a woman’s husband made granting a get contingent on his wife conceding to extortionate demands, such as those relating to property ownership or child custody. One in three Jewish women who divorced faced such demands, according to the Center for Women’s Justice.
NGOs, including Mavoi Satum and Itim, promoted the use of prenuptial agreements to prevent cases of aginut (in which a woman whose husband is unwilling or unable to grant her a get). Such agreements provide financial incentives paid by a refusing spouse until the termination of the marriage.
A variety of NGOs continued to try to build understanding and create dialogue among religious groups and between religious and secular Jewish communities, including Neve Shalom-Wahat al-Salam, the Abraham Fund Initiative, Givat Haviva, the Hagar and Hand-in-Hand integrated Jewish-Arab bilingual schools, Hiddush, Israeli Religious Action Center, Mosaica, Tag Meir, and Interfaith Encounter Association (IEA). For example, IEA held 384 interfaith encounters throughout the year. The number of children studying at integrated Yad BeYad Jewish-Arab schools in the school year beginning in September was 1,800, up from 1,700 in the previous year.
Despite the labor law, some foreign domestic workers stated that some employers did not allow their domestic workers to take off their weekly day of worship.
In its annual Israel Religion and State Index poll of 800 adult Jews published in September, Hiddush found that 65 percent of respondents identified as either secular (47 percent) or “traditional-not-religious” (18 percent), with positions regarding public policy on religion and state close to the positions of secular Israelis. Of those surveyed, 83 percent supported freedom of religion and conscience, and 63 percent supported the separation of religion and state. Sixty-five percent supported equal status for the Orthodox, Conservative, and Reform traditions. A large majority did not see the need for religious conversion approved by the Chief Rabbinate as a condition for the state to recognize the Judaism of new immigrants, with only 34 percent considering conversion via the Chief Rabbinate necessary, compared with 38 percent in the previous year. Thirty-six percent stated immigrants should be recognized as Jewish if they identify as such, and 30 percent stated immigrants should be recognized as Jewish if they undergo either an Orthodox, Conservative, or Reform conversion. Sixty-four percent of respondents said they opposed the participation of ultra-Orthodox parties in the government in a way that gives the ultra-Orthodox the ability to dictate government policy and legislation on matters of religion and state. Of those surveyed, 22 percent accepted the position of the ultra-Orthodox parties that yeshiva students should be exempted from military or civic service.
According to the Hiddush poll, 65 percent of the country’s adult Jewish population supported recognition by the state of freedom of choice in marriage, doing away with the rabbinate’s monopoly, and equally recognizing civil and non-Orthodox religious marriages. According to the same survey, 51 percent of the public stated that had they been allowed a choice, they would not have married in an Orthodox ceremony, compared with 35 percent who expressed the same sentiment in 2009, 39 percent in 2013, and 47 percent in 2016.
In February, the Pew Research Center published findings on attitudes towards democratic principles such as regular elections, free speech, and free civil society, as well as religious freedom, in 34 countries, based on interviews it conducted in its Spring 2019 Global Attitudes Survey. According to the findings, 77 percent of Israeli respondents considered religious freedom to be “very important,” ranking it among the highest of their priorities for democratic principles among the nine tested.
In June, the Pew Research Center released a poll completed in 2019 that stated that 48 percent of Israelis surveyed agreed with the statement that belief in God is needed to be moral while an equal number, 48 percent, disagreed. The median for the 34 countries polled showed 51 percent agreeing that a belief in God was needed to be moral, with 45 percent disagreeing.
