When I first found out about the Rabbinical letter banning the sale or rental of property to Arabs, I noticed that my old friend and colleague, Nachman Ben – Yehuda, was quoted condemning it in the Toronto Globe and Mail. I then wrote to him asking for more extended reflections for DC. I received this post from him over the holiday weekend. He took his time, he explains, hoping for consequential official response. He offers his sober deliberate considerations. -Jeff

There are times and places where people like to stick together with their own flock, in defined, sometimes confined, geographical locations. In these locations, they live their own life style, with their own dress codes and eat their own foods. The Amish in Pennsylvania and the Jewish ultra-orthodox in Mea Shearim in Jerusalem are two examples. People outside of these communities and non-members may find it difficult to move and live in such social habitats. Moreover, in the case of ultra-orthodox communities, strangers who live in their neighborhoods and practice a non-religious life style may find themselves facing aggression and violence. I am writing about this to contrast it with the call of some rabbis in Israel not to rent apartments to Arabs in Israeli cities.

Israeli Arabs are just that – citizens with full and equal legal rights, and Israeli cities are not confined communities with a uniform worldview and way of life. Israeli cities, like most other cities of the world, are centers of diversity, including the religious and the secular, Jews, Christians and Muslims, old and young, Sephardi and Ashkenazi, etc. These cities are open. Renting an apartment is basically an economic issue. Making and publicizing a general call not to rent apartments to Arabs (or to any other culturally defined group) is quite simply racism.

The rabbinical pamphlet received very critical comments from some Israeli politicians and others, but this did not prevent activists from the Israeli right and religious right to stage a large demonstration on Thursday, December 23, 2010 in Jerusalem where public support was openly given to this pamphlet.

What can, or should, be done? I think two roads are open. First, the police could reasonably open investigations aiming to bring the pamphlet writers and their supporters up on charges of instigation or other relevant violations of the law. This is a route that will probably last for a very long time (investigation, charge, court, appeal). Those sticking to the idea of not renting to Arabs would probably invoke issues of freedom of speech and of Jewish identity (right wing religious “identity” to be sure). And, because tens, maybe hundreds would be investigated and charged, this is probably not an effective way. On the other hand, the public arena can and should be used. Many of these rabbis are paid with the taxpayers’ money and as such represent the state of Israel in at least some religious and moral issues. The state should demand that they retract their statement within a very short period of time, or else risk their employment. Moreover, the state should make it very clear, officially and unofficially, that such statements are unacceptable.

I have waited, deliberately, to respond to this issue, waiting to find out what would happen. Unfortunately, nothing has. In other words, those Israelis spreading hatred, intolerance and racist views against about 20% of the citizens of Israel may have learned that that they can do it and get away with it.

It is inconceivable that such a pamphlet or public demonstration would have taken place in, say, the 1960s. To my mind, this pamphlet and demonstration is a reflection of the increasing influence of the politics of hatred that is pervading this region. For many years, the common ideal here, if not the practice, was of peace, co-existence and togetherness between Jews and Arabs, we now hear more and more about separation and living side by side, with each side barricaded. The movement within Israel to the political right, and to the religious right, is the ground upon which such pamphlets of hatred, fear and racism have developed.

And it is difficult to change these people’s behavior. It is induced by two very powerful motivators: fear and hatred. The level of fear and hatred has not been counterbalanced by politicians who have real peace and mutual co-existence in their hearts and do their best to create or sustain the conditions, ambiance and situations where Jews and Arabs can live here peacefully together. The social and cultural change reflected in a pamphlet like this is a direct result of years of mistrust, hostility, terror, propaganda, and first and foremost a continued failure (some of it probably intentional) of regional politicians to exercise their primary responsibility to their people, to negotiate a peace or some political settlement to the conflict, to the benefit and well being of both Jews and Arabs.

Worse yet, as the top to bottom approach is not working, attempts to better the situation in daily life, a politics of small things as Jeff puts it, suffers a serious blow with such hostile steps as calling for, and actually not renting apartments to Arabs, and “explaining” why such a call is “justified.” Fear and hatred wins at the local level as it is winning at the summit.

The Translation:

In response to the query of many, we respond that is forbidden, by Torah-law, to sell a house or a field in the land of Israel to a non-Jew. As Maimonedes wrote: “as it is written (Deuteronomy 7:2) ‘thou shalt make no covenant with them, nor show mercy unto them’ which means you shall give them no title to land. For if you do not give them title, their staying shall be temporary.” (laws: 77; 10, 4). And on that topic, the Torah warned in numerous places, that it causes evil and make the many sin in intermarriage, as it is said “For they will turn your sons away from following Me” (Deuteronomy 7:4), which is blasphemy (Maimonedes, 12:6). And it also causes the many to otherwise transgress, as the Torah has warned: “They shall not live in your land, because they will make you sin against Me” (Exodus 23: 33). And the sin of he who sells, and he who profits from it, is upon the heads of those who sell, God shall have mercy.

And evil upon evil, that he who sells or lets them rent an apartment in an area in which Jews are living, causes great damage to his neighbors, and for them it is said “and they shall trouble you in the land where you dwell.” (Numbers 33: 55). For their way of life is different from that of Jews, and some of them harass us and make our life hard, to the point of danger to our very lives, as has become well known on several occasions. And even outside of Israel they have forbidden to sell them in Jewish neighborhoods for this very reason, and all the more so in the land of Israel, as it is elucidated in the [Jewish book of law] Shulhan Aruch (Yoreh Deah, 151) that it is a prohibition that pertains both to the realm of actions between man and God and that between man and his fellow man.

And it is well known that renting or selling even one apartment causes all of the neighbors’ apartments’ prices to go down, even when initially the renters or buyers seem nice. And he who rents or sells first thus causes his neighbors great loss, and his sin is too great to bear. And who let him do such a thing? And he causes others to sell their property after him, to take flight from the place. And those who follow him in selling to non-Jews, they compound the grave sin that is the responsibility of all.

And if this foreigner is violent and harasses his neighbors, then it was already elucidated in the Shulhan Aruch that all who sell to him should be excommunicated!! And that until the seller undoes this evil, even if that costs him much money. (Yoreh Deah 344: 43). And in our days, as it is well known, we do not excommunicate, as excommunication is of grave consequence.  However, his neighbors must talk to him and warn him, first in private, and if that doesn’t work, they are then allowed to make his name public. And to stay away from him socially, and to avoid having any business relations with him, and not to give him any honors in reading the Torah in synagogue, and other such measures. And that until he changes his decision on this issue that causes great harm to the many. And those who listen to us shall dwell in peace. Amen, may it be God’s will.

Reflections

You may ask why it is important to know exactly what the rabbis wrote. We know the gist of it already. However, there are a couple of things that I think could be noted if you actually do pay attention to it:

The letter begins in ordinary rabbinic fashion, with quotes from the Bible and from Maimonedes (and later from the “Shulhan Aruch,” which is a compilation of laws based on major interpretations of the Talmud). As many have opined based on this, the fact that these rabbis decreed that it is “prohibited” to sell to a non-Jew is not that surprising. There are plenty of sources they could use. Indeed, there was actually a short letter written a few years ago, that somehow did not make it to the news, that said basically the same, signed by 5-6 major rabbis. This does not make it less racist of course.

But now note the third paragraph. Here, suddenly, the rhetoric slightly changes to talk about real-estate prices, and the dangers of Jewish-flight (seems like this could be written by any white supremacist, just change “non-Jew” to Black, and “Jew” to White). Interesting that the rabbis’ letter so seamlessly articulate the presumably religious with the patently racist.

Last, and perhaps most troubling, the rabbis note that though official excommunication does not exist anymore in the Orthodox world, they recommend that people basically cut all social ties with those who sell or rent to Arabs. This, from people who receive their salary from the state (though not hired directly by the state, but through the rabbinate).

There are other things in the letter that deserve attention, but I leave the readers with the following: a week after the publication of this letter the following text appeared on posters all over Bat-Yam, a city adjacent to Tel-Aviv:

They will not hit on my sister!!!

What would you do if an Arab would hit on your sister?

We Make an End to it!

We became aware that of late there is a rise in a saddening phenomenon:hundreds of girls from Bat-Yam and the center are seeing Arabs. They assimilate into us, and their confidence is rising.

Let’s make an end to it!

Let’s shatter their confidence!

Jews, let us win!

A religious edict forbidding Jews from renting or selling property to Arabs and other non-Jews is a most recent example that has caused great controversy.  My Israeli friend and DC contributor, Nachman Ben Yehuda, was quoted about the Rabbis edict in The Globe and Mail of Toronto: “Their ultimate goal is a theocratic state….In the meantime, they want to enforce division between the ultra-Orthodox and everyone else.”

But things look even more critical from the Palestinian point of view which became apparent to me when I came across an email note from Amal Eqeiq, a Palestinian with Israeli citizenship who is studying in Seattle.  We worked together planning a research project on the politics of small things in Israel-Palestine.  In her note, she makes clear that the democratic legitimacy of Israel is at stake. I present her message today, unedited, hoping it provokes serious deliberations.

So, 50 Rabbis signed up a religious call- Psak Halacha – asking Jews to NOT rent for Arabs. Yes, I understand that they don’t represent everybody, and that they are taking advantage of religion for political gains, and that there are different opinions, and that it is not legally binding, and that some lefties will protest in the name of human rights and for keeping face, and, and, and…”Amal, don’t take it personally,”  BUT, WHAT THE FUCK?

Here is my observation about the (always guilty) Israeli media.

Haaretz says the letter is addressed for non-Jews (link) …they don’t say Arabs only…and I ask “really Haaretz?! 3anjad!! Thank you for watering down apartheid rhetoric. As a non-Jew, I feel much better now.

And of course, there is Yediot Ahronot with its more populist, yellow and sensational attitude. This time they called things in their name, because news about racism sells. In their article there was a sub-heading: “Bad Timing!” (link) And I am so curious to know when is a “good timing” for apartheid? Ya’ani, I want to know how to organize my life around that!

I checked out the list of the cities where Arabs (aka Palestinians, but it is probably blasphemous for these 50 Rabbis to so say this in the Biblical Hebrew they used in writing their petition) are not allowed to rent.  7 of these cities are within 15-20 minutes of my hometown Al-Taibeh. And of course there is Natseret Elit- built on the lands of Nazareth as well as Jerusalem. All the way from Seattle, I send a huge salute with the magnitude of Mount Rainer, to all my Arab-Palestinian family members, men and women, neighbors, friends, former students, ex-lovers and random folks who work in construction, plumping, water installation, remodeling, house cleaning, floor polishing and other maintenance jobs in Jewish towns. No, it is not Kosher for you to rent there, but your hard work and underpaid services are Glatt Kosher certified.

CNN: I will be waiting to see how you are going to cover this Jewish “fatwa.”