Jacob's Voice

Where is Palestine?

American Thinker (May 13, 2012)

Palestine, variously known in history as Canaan, Judaea, Eretz Yisrael, Filastin, and Syria Palaestina, has long been a malleable geographical entity.  Renamed by its successive Canaanite, Israelite, Roman, Christian, Mamluk, Muslim, Ottoman, and British conquerors, it became the revered “Holy Land” to 19th-century Western visitors.

World War I transformed geographical nomenclature.  On November 2, 1917, British Foreign Secretary Lord James Balfour issued his famous declaration proclaiming his government’s approval for “the establishment in Palestine of a national home for the Jewish people.”  But where was “Palestine”?

After violent Arab riots during 1920-21, the British government attempted to mollify infuriated opponents of a “Jewish Palestine.”  Winston Churchill, British secretary of state for the colonies, offered reassurance that the Balfour Declaration did not contemplate “that Palestine as a whole should be converted into a Jewish National Home, but that such a home should be founded in Palestine.”

If not “Palestine as a whole,” then where?  The League of Nations Mandate for Palestine, approved in July 1924, provided contradictory answers.  Article 6 assured “close settlement by Jews on the land” defined as Palestine.  But Article 25 retracted that assurance.  In convoluted language, it declared: “In the territories lying between the Jordan [River] and the eastern boundary of Palestine as ultimately determined, the Mandatory shall be entitled, with the consent of the Council of the League of Nations, to postpone or withhold application of such provisions of the Mandate as he may consider inapplicable to the existing local conditions.”

In translation: “Palestine” was redefined to mean only the land west of the Jordan River, approximately one-quarter of “Palestine as a whole.”  The remaining three-quarters were bestowed upon the Hashemite Sheikh Abdullah, son of the Emir of Mecca, for his role in the wartime Arab revolt against Ottoman rule.  His kingdom would become known as Trans-Jordan.

But there was also good news for the Zionist cause.  Between the Jordan River and the Mediterranean, Jews enjoyed the internationally guaranteed right of “close settlement” — without geographical distinction between the coastal plain stretching from Gaza to Haifa, the mountain ridge of Judea and Samaria, or the Jordan Valley west of the River.  No limits were imposed on the right of Jews to settle in their modern cities of Tel Aviv and Haifa, or their ancient cities of Hebron and Jerusalem — or even the Gaza area, where Jews had lived for centuries.

Although the League of Nations expired in 1945, its successor, the United Nations, incorporated in its Charter protection for Jewish settlement rights.  Article 80, drafted by Jewish representatives and known as the “Palestine clause,” explicitly protected the rights of “any peoples” under “the terms of existing international instruments to which members of the United Nations may respectively be parties.”  It thereby reaffirmed the right of “close settlement” by Jews throughout the land west of the Jordan River.  That right has never been abrogated.

For a time, even prominent local Arabs affirmed “Palestine” as Zionist territory.  Testifying before the British Peel Commission in 1937, a Syrian leader asserted: “There is no such country as Palestine. … Our country was for centuries part of Syria.”  Palestinian Arabs continued to identify with Greater Syria and “the larger Arab people.”  Shortly before the birth of the State of Israel, Arab historian Philip Hitti conceded: “There is no such thing as Palestine in history, absolutely not.”  A PLO military commander subsequently acknowledged: “There are no differences between Jordanians, Palestinian, Syrians and Lebanese. We are all part of one nation.”

Without a history to call their own, Palestinians have relentlessly plundered Jewish history to compensate for their missing past.  So it is that their biblical “forebears” became the Canaanites; the Temple Mount in Jerusalem, site of the ancient Jewish Temples, is their “third”-holiest site, after Mecca and Medina; Me’arat haMachpelah, built over the burial places of the Jewish patriarchs and matriarchs in Hebron, is a mosque; and their Gaza flotillas are modeled on the famous Jewish refugee ship Exodus.

Where, exactly, might another Palestinian state arise?  “Another,” because Jordan, constituting two-thirds of Mandatory Palestine, with a Palestinian majority population, already is a de facto Palestinian state.  By any test of history or demography, Jordan is Palestine.  Gaza is a Palestinian Hamas fiefdom sworn to Israel’s destruction.  That makes two Palestinian states.  Should any part of the West Bank ever become a Palestinian state, it will make three.  That may be at least one too many.

The newly reformed Netanyahu government, which absorbed the centrist Kadima party while retaining Ehud Barak (who relentlessly undermines Jewish settlements) as defense minister, is unlikely to stand firm against Palestinian claims to Jewish land.  Netanyahu’s expressed hope for a “responsible peace process” inevitably means Israeli concessions.  Finally free of the shadow of his staunchly right-wing father Benzion Netanyahu, who died two weeks ago at age 102, the prime minister is likely to welcome yet another “Palestine” — this time in the biblical homeland of the Jewish people.

Religious Settlers Face Double Standard

(The Jewish Press, May 3, 2012)

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For anyone with historical memory the expulsion of Jews – by the Romans, English, French, Spaniards, Nazis, and Muslims – instantly evokes tragic episodes in Jewish history. Now the state of Israel expels Jews from their homes. Something is amiss in Zion.

The current round of evictions began, not surprisingly, in Hebron. Ever since the Six-Day War Jews have struggled tenaciously to rebuild their ancient community, destroyed during the murderous Arab pogrom in 1929. Against unremitting government resistance they have reclaimed abandoned Jewish property and, whenever possible, purchased buildings from willing Arab sellers.

Rabbi Moshe Levinger, founding father of the restored Hebron community, insisted: “No government has the authority or right to say that a Jew cannot live in all parts of the Land of Israel.” But from Menachem Begin, who was infuriated when Jewish “invaders” moved into Beit Hadassah in 1979, to Benjamin Netanyahu, who signed off on the recent expulsion from Beit HaMachpelah, the Israeli government has repeatedly tried to prevent Jews from living in Hebron.

A week before Passover fifteen Jewish families moved into a house purchased from a willing Arab seller near Me’arat HaMachpelah, site of the burial place of the patriarchs and matriarchs of the Jewish people. But their presence was labeled an intolerable “provocation” by Defense Minister Ehud Barak, who is experienced in the expulsion of Jews from their Hebron homes.

Four years ago a signed purchase and sale agreement, accompanied by a video of the Arab seller receiving and counting his money, provided insufficient proof to Barak of Jewish ownership of Beit HaShalom, strategically located on the main road between Kiryat Arba and Hebron. Resisting what he described as “attempts by small groups of radicals to undermine the authority of the state,” Barak ordered Israeli soldiers and border police to forcibly remove the Jewish families who had lived there for more than a year.

This time, Barak refused to delay the expulsion. Netanyahu, who was willing to permit the new residents to remain in their home until after Passover pending a judicial ruling, quickly capitulated to his defense minister. The new residents of Beit HaMachpelah left peacefully, averting another violent encounter with Israeli soldiers – who might otherwise be expected to protect the right of Jews to live in their own homes. While the Beit HaShalom case still winds its tortuous way through the judicial system, the expelled residents of Beit HaMachpelah have now entered their own Dickensian legal labyrinth.

It is well known that Palestinians who sell property to Jews endanger their own lives. As a Hebron Arab told an Israeli journalist after the purchase of Beit HaShalom: “We will find the seller and chop him up into tiny bits.” When vigilante justice fails, the Palestinian Authority follows Jordanian precedent and imposes capital punishment on the seller. Indeed, the Arab who sold Beit HaMachpelah has now been sentenced to death in a Palestinian court. Under these circumstances, why would any Palestinian seller not claim fraud to save his life?

Ironically, it was Jewish community leaders in Hebron who protested this grotesque display of Palestinian justice. In a letter to the UN, the International Red Cross, Secretary of State Clinton, and Prime Minister Netanyahu, they wrote: “It is appalling to think that property sales should be defined as a ‘capital crime’ punishable by death.” Such a law “points to a barbaric and perverse type of justice, reminiscent of practices during the dark ages.”

But travesties of justice are not a Palestinian monopoly nor are they confined to Hebron. In the town of Beit El, established north of Jerusalem in Samaria in 1977, another housing crisis looms. Once again Defense Minister Barak is at the center of a property dispute involving belated Palestinian claims to land inhabited by Jews.

Thirty Jewish homes in the adjacent Givat Ha’Ulpana neighborhood are scheduled for destruction. According to a Supreme Court ruling, they were built on private land whose Palestinian “owner” only recently decided to reclaim it. Once again Barak cited the necessity to defend the rule of law – invariably at the expense of Jewish settlers, whose legal rights vanish at the whim of the defense minister.

“We are not chess pieces for Ehud Barak to play with,” infuriated residents protested. They insisted that the land was purchased with government mortgages from its Palestinian owner more than a decade ago. They were advised by civil administration officials not to register it lest the seller’s life be endangered. Yoel Tzur, a Beit El resident whose wife and son were killed in a terrorist attack on their way home sixteen years ago, reminded Netanyahu of his promise at the time to build a large community there in their memory.

Several government ministers warned Netanyahu, who relies upon his defense minister for political cover on his left flank, that any further destruction of Jewish communities would risk the dissolution of his governing coalition. Malleable as always under pressure, Netanyahu announced he was committed to “strengthening” settlements in Judea and Samaria. A special ministerial committee quickly decided to finally legalize three outposts that had received government authorization more than a decade ago.

Feeling heat from furious ministers who accused him of pursuing his own “private political agenda,” Barak defended Beit El as “a veteran, big, and very important community.” But, he told the Cabinet, “if neighborhoods and buildings are on private land they need to be evacuated…. A government striving to live in a democracy in the twenty-first century cannot act differently.” Israel must be “a normative country among advanced nations.”

For Barak, “democracy” seems to mean the expulsion of Jews from their biblical homeland. Several Cabinet members have wisely suggested that his virtually unilateral authority over settlements be transferred to a ministerial committee. This, of course, would infuriate the Israeli Left. A crisis was at least temporarily averted when the Supreme Court ruled Sunday that demolition of the Beit El buildings would be postponed for 60 days, pending judicial resolution of ownership.

Barak’s definition of “democratic,” “normative,” and “advanced” invariably translates into the expulsion of Jews from their homes. Even disregarding divine promise, ancient history and more than a century of Zionist settlement, Jews retain the legal right, protected under the League of Nations Mandate for Palestine, to “close settlement” west of the Jordan River. This guarantee was intended to compensate Jews for the loss of three-quarters of Palestine east of the river, bestowed by Colonial Secretary Winston Churchill upon Abdullah for a kingdom of Trans-Jordan. It has never been rescinded.

A pervasive double standard drives current settler expulsion efforts. If the government of Israel took steps to establish Arabrein communities within its borders there would be instantaneous, and justified, outrage from the Israeli Left – and worldwide. But when the government imposes Judenrein policies in Judea and Samaria, Israeli leftists enthusiastically lead the celebration.

The expulsion of Jews from their homes is not “democracy” or “the rule of law,” as Barak incessantly claims. It is blatant discrimination by secular Israelis against religious Zionists. If expulsions continue, there is the ominous potential – not for the first time in Jewish history – for fratricidal war.

Benzion Netanyahu and Article 80

(NewYork Sun,May 2, 2012)

Benzion Netanyahu, who died Monday in Jerusalem at the age of 102, has been widely scrutinzed this week for his myriad contributions to the history of Zionism in Israel and the United States. Yet arguably the most important one has been overlooked. After World War II, Benzion Netanyahu, along with Irgun activist Peter Bergson, nephew of Mandatory Palestine Chief Rabbi Abraham Isaac Kook, and liberal American Rabbi Stephen S. Wise, drafted an article for inclusion in the United Nations Charter that could yet save the Jewish state.

The article became known as the “Palestine clause” for the protection it afforded to the right of Jewish settlement throughout the Land of Israel west of the Jordan River. Article 80 extended the guarantees to Jews afforded by the League of Nations Mandate for Palestine following World War I. The Mandate had recognized “the historical connection of the Jewish people with Palestine” and “the legitimacy of grounds for reconstituting their national home in that country.” Jews were guaranteed “the right of close settlement” throughout Palestine.

But where was “Palestine”? According to the Mandate, it comprised the land east and west of the Jordan River, stretching from Iraq to the Mediterranean. Jewish settlement rights in Palestine were limited only in one respect: Great Britain, the Mandatory Trustee, was empowered to “postpone” or “withhold” the right of Jews to settle east — but not west — of the Jordan River. To reward the Hashemite sheikh, Abdullah, for his wartime assistance, the British colonial secretary, Winston Churchill, removed the land east of the river, comprising three-quarters of Mandatory Palestine, to create the kingdom of Trans-Jordan.

No Jews would be permitted to settle there, but the internationally guaranteed right of Jewish settlement throughout truncated Palestine west of the river was preserved. It was that right that Article 80 secured after the expiration of the League of Nations. It explicitly protected the rights of “any peoples” and “the terms of existing international instruments to which members of the United Nations may respectively be parties.” The “Palestine clause” thereby guaranteed to Jews the right of “close settlement” throughout their remaining land west of the Jordan River, as the League Mandate had done.

With their careful draftsmanship Benzion Netanyahu, Peter Bergson, and Rabbi Wise extended League of Nations guarantees and secured United Nations authorization for Jewish settlement throughout the biblical homeland of the Jewish people. The legal right of Jewish settlement, except in the land siphoned off from Palestine as Trans-Jordan in 1922, has never been abrogated. Persistent efforts to undermine the legitimacy of settlements, according to international legal expert Julius Stone, have been nothing less than the “subversion … of basic international law principles.”

Article 80 was unaffected by the Six-Day War, which obliterated Jordanian control over Judea and Samaria (its “West Bank”). According to Security Council Resolution 242, Israel was permitted to administer that land until “a just and lasting peace in the Middle East was secured.” That has not yet happened, to be sure, but even then, Israel would only be required, under its carefully drafted language, to withdraw its armed forces — civilians were not mentioned — from “territories,” not from “the territories” or “all the territories.”

The “Jewish right of settlement,” according to Eugene V. Rostow, then America’s state undersecretary political affairs, “is equivalent in every way to the right of the existing [Palestinian] population to live there.”

Article 80 has never been repealed. But Benzion Netanyahu’s son, Prime Minister Netanyahu, seems inclined to disregard it. During his first term he signed the Hebron Protocol, confining 600 Jewish residents to a tiny ghetto in their ancient holy city. His critics may insist that he remains under the influence of his father’s right-wing dogmatism. But abundant evidence suggests otherwise, which is no doubt why his father often expressed concern that he son wasn’t tough enough to serve as prime minister.

Benzion Netanyahu helped to write the fundamental principle of Zionism, the right of Jewish settlement throughout the Land of Israel, into the United Nations Charter. How sadly ironic it would be if Benjamin Netanyahu, whose graveside eulogy paid loving tribute to his father’s great gift to his sons of “a sense of responsibility to our nation,” surrenders the land that his father tried with passionate determination and perseverance to preserve for the Jewish people.

Politics and Property Rights in Israel

American Thinker (April 22, 2012)

What explains the persistent collaboration of Israeli politicians across party lines to deny the property rights of Jews where they have every historical and legal right to live?

Ninety years ago, the League of Nations, seeking to establish a peaceful new world order after the carnage of war, turned its attention to Palestine.  Wrested from the defeated Ottoman Empire, the ancient homeland of the Jewish people suddenly appeared on the international agenda.  Lord James Balfour’s declaration, five years earlier, that “His Majesty’s Government view with favour the establishment in Palestine of a national home for the Jewish people” had ratified the Zionist dream.

Winston Churchill, British secretary of state for the colonies, reassured uneasy Arabs that the declaration did not mean that “Palestine as a whole should be converted into a Jewish National Home, but that such a Home should be founded in Palestine.”  He also declared that the Declaration, reaffirmed by the San Remo Conference and the Treaty of Sevres in 1920, “is not susceptible of change.”

But where was Palestine?  The Mandate for Palestine, approved by the League of Nations in September 1922, included a note that relocated the Jewish national home.  ”Palestine” no longer included “the territory known as Trans-Jordan,” east of the Jordan River.  That land was a reward to Abdullah, son of the Emir of Mecca, for planning the Arab revolt against Ottoman rule.

But Article 6 of the Mandate assured to Jews the right of “close settlement” between the Jordan River and the Mediterranean, the remaining one-third of the land that would thereafter comprise Palestine.  In today’s language that includes the State of Israel, the West Bank (biblical Judea and Samaria), and Gaza.

There were, to be sure, complications along the way.  In 1948, during the Arab war to annihilate the fledgling Jewish state, Trans-Jordan seized the land that became known as its West Bank.  But that land-grab was never internationally recognized.  Nineteen years later, Jordanian military aggression against Israel cost it that territory during the Six-Day War.  After the war, U.N. Resolution 242 called for the withdrawal of Israeli armed forces from newly occupied “territories.”  But not from “the territories,” or “all the territories” — the carefully drafted language that preserved the Jewish right of “close settlement” that was guaranteed in 1922 was never rescinded.

Following the war, Jews began to do what, under international law, they had every right to do: settle in what remained of Mandatory Palestine west of the Jordan River.  Led by Rabbi Moshe Levinger, several dozen Jewish families came to Hebron, the ancient Jewish holy city where the tombs of the patriarchs and matriarchs of the Jewish people are located, to hold a Passover Seder.  Nearly forty-five years later, they are still living where Jews have lived for 3,000 years and where King David ruled before relocating his throne to Jerusalem.

By now, more than 300,000 Jews live in Judea and Samaria.  They are the widely despised settlers who allegedly occupy “Palestinian” land.  But under international law, to say nothing of millennia of Jewish history, the right of Jews to live in Hebron and more than one hundred settlements in Judea and Samaria are no less significant than their right to live in Tel Aviv.

That raises the puzzling question: why, ever since the Six-Day War, have successive Israeli governments across party lines refused to assert the legitimate Jewish right of “close settlement” in the land west of the Jordan River?  Indeed, why did Defense Minister Ehud Barak (Labor) and Prime Minister Benjamin Netanyahu (Likud) recently collaborate to expel fifteen Jewish families from a house in Hebron that they had legally purchased from a willing Palestinian seller?

This was not the first time that Netanyahu had surrendered Jewish rights in Hebron or that Barak had nullified a legitimate transaction that transferred property from Arab to Jew.  Four years ago, he overrode evidence that included signed purchase and sale documents and a video of the Palestinian seller receiving and counting his money.  That case is still being litigated.

To be sure, selling property to a Jew is a crime punishable by death under Palestinian (and, previously, Jordanian) law.  Hearing of the purchase four years ago, a Hebron Arab candidly told an Israeli journalist: “We will find the seller and chop him up into tiny pieces.”

But it is unlikely that Barak or Netanyahu decided to abrogate Jewish property rights on humanitarian grounds.  As secular politicians, they will use their power to repel any challenge from religious Zionists, the passionately determined settlers whom secular Israelis — and Israel’s critics worldwide — love to hate.  But as the rule of law is sacrificed to enhance political power, and as Judenrein principles are imposed by the government of Israel in the Land of Israel (imagine the outcry if the Jewish state became Arabrein), Zionism is morally diminished.

Hebron House

New York Sun (April 4, 2012)

In the ancient city of Hebron, twenty miles south of Jerusalem, the patriarchs and matriarchs of the Jewish people are buried. When Sarah died, according to the biblical narrative, Abraham purchased the cave of Machpelah from Ephron the Hittite, paying his asking price of four hundred shekels of silver to remove any doubt about the legitimacy of the purchase.

Jews have worshipped and lived in Hebron for three thousand years, Muslims permitting. For seven centuries (1267-1967) they were prevented from praying in Machpelah, which had been transformed into a mosque. After the community was destroyed by an Arab pogrom in 1929, no Jews lived in Hebron until the Six-Day War made possible their return. Now, however, it is Israeli Defense Minister Ehud Barak who is determined to prevent Jews from living there.

Last week fifteen Jewish families moved into a building purchased from an Arab seller, within view of the massive stone walls, built by King Herod two thousand years ago, that surround the ancient burial site. It seemed fitting that one of the new residents, Shlomo Levinger, is the son of Rabbi Moshe Levinger, who led the return of Jews to Hebron in 1968.

Several hours later Israeli soldiers arrived and declared the area a “restricted military zone,” which Jews could leave but not enter. According to an IDF spokesman, the purchase and move were “irresponsible,” a “dangerous provocation that could inflame passions.”

It certainly infuriated Mr. Barak, not for the first time. Five years ago, after Jewish families moved into a building overlooking Hebron that also had been purchased from a willing Arab seller, he warned against “attempts by small groups of radicals to undermine the authority of the state.” After months of effort to reach a compromise failed, Israeli security forces stormed Beit HaShalom to evict its residents. A violent struggle erupted: settlers and supporters threw rocks and eggs; soldiers and police fired tear gas and stun grenades.

This time, however, seemed different. Knesset members and government ministers arrived at Beit HaMachpelah (the “Machpelah House”) to demonstrate their support. MK Otniel Schneller placed a mezuzah on the building, declaring to its residents that “Jerusalem and Hebron are the head and the heart of the Jewish people, and retaining them is a root of our existence in the Land of Israel.” Information Minister Yuli Edelstein, who visited that evening, examined the deed and concluded that “there is no doubt that this was a legal purchase of the building sold by an Arab family.”

Several days later the residents were ordered to leave Beit HaMachpelah “out of concern for public safety.” Their lawyers met with government representatives who examined the documents and confirmed the legality of the purchase. For the residents to remain, however, confirmation from “the political tier” was required.

That meant Mr. Barak — and Prime Minister Netanyahu, who came under immediate pressure from his own party to cancel the eviction order. Two Knesset members issued a statement that “’public order’ in the City of the Patriarchs cannot mean preventing Jews from living opposite the Cave of Machpelah.” Another MK insisted that the residents “should be treated as the legal owners of the property unless otherwise proven. Just as they would be treated in Tel Aviv or anywhere else in the land.”

Seeking safe middle ground between Mr. Barak and his critics, Mr. Netanyahu asked the Defense Minister to delay the eviction until the Jewish families could present their legal arguments. But that is not Mr. Barak’s style. Not a week after the move he ordered the police to clear out the residents, claiming “I will continue to work towards upholding the law and democracy while safeguarding the State’s authority over its citizens.” Or, in translation: Barak rules.

If the Beit HaShalom version of Jarndyce v. Jarndyce (the case in Bleak House that dragged on for generations) is any guide it will be a long wait before they can hope to return. Five years later the legality of that purchase is still under judicial scrutiny. The original Arab owner has testified that he sold the building and received payment but then changed his mind and returned the money. Asked by the judge to show a receipt as proof, he responded, “We, Arabs, everything we do is based on faith.” More likely, however, it was under threat. The Palestinian Authority, like the Jordanian government before it, punishes with lengthy imprisonment any Arab who sells property to a Jew.

There is the larger question: Where in the ancient Land of Israel is it permissible for Jews to live if not in Hebron? If the biblical purchase is insufficient precedent, there is the guarantee by the League of Nations in 1922, never rescinded, that Jews enjoyed the right of “close settlement” west of the Jordan River. That includes Hebron no less than Tel Aviv. Settling in the Land of Israel, after all, defines Zionism.

Litigating for Israel

American Thinker (February 12, 2012)

Ever since Moses received the Ten Commandments, the history of the Jewish people has been interwoven with law.  An additional 613 commandments in the Torah were explicated in the Talmud, collected in the 16th-century Code of Jewish Law (Shulchan Aruch) and interpreted and enforced over the centuries by rabbinical courts.

Since 1948 the State of Israel has had its own legal system, populated by the usual array of lawyers and judges.  But until recently it lacked what has long been conspicuous in the American legal world: private defense organizations (such as the American Civil Liberties Union) litigating vital constitutional issues.

Just such an organization was founded in 2003 by Nitsana Darshan-Leitner, an Israeli lawyer with a mission.  Her American model was the Southern Poverty Law Center, which had successfully filed legal challenges to thwart the Ku Klux Klan and others it deemed racist.  She was determined “to go after terrorists in the same way” in which the Center pursued its foes: through civil litigation.  Named Shurat HaDin, the Israel Law Center has become the bane of anti-Israel groups throughout the world.

Shurat HaDin has instigated litigation against a range of perpetrators and abettors of terrorism.  Its targets have included Iran (for its role in a Hamas suicide bombing in Jerusalem), the Lebanese-Canadian Bank and the Bank of China Ltd. (for transferring funds to Hezb’allah), and the government of Egypt (for abetting the smuggling of weapons into Gaza).  Its efforts have been rewarded with substantial judgments totaling more than $700 million.

The Law Center, through its American office, has begun to monitor the rampant anti-Semitism and anti-Zionism in colleges and universities.  It has informed the presidents of academic institutions that their schools could face civil and criminal liability for tolerating “an environment of intimidation and hostility” that fails to protect Jewish and Israeli students against anti-Semitic harassment.

To be sure, Shurat HaDin does not always win — even in Israel.  The High Court of Justice dismissed its petition on behalf of the families of missing Iranian Jews as a matter of “diplomatic concern” to be settled through government channels.  Its attempt to block the recent exchange of more than one thousand Palestinian prisoners for Israeli soldier Gilad Shalit was thwarted.

But when it wins, it wins big.  By far its most impressive recent achievement was to stymie the plan for a second flotilla to breech the Israeli blockade of Gaza.  This flotilla’s notorious predecessor, the so-called “Freedom Flotilla,” became a major public relations disaster for Israel after Israeli naval commandos boarded the Mavi Marmara in an attempt to divert the ship to Ashdod for inspection. After an assault from passengers armed with knives and iron bars, the ensuing struggle resulted in the deaths of nine assailants — and the predictable worldwide storm of criticism against Israel.

The second attempt, last June, provided Shurat HaDin with another opportunity.  It warned maritime insurance companies in Europe and Turkey that if they provided the required insurance, they could be held legally liable for “aiding and abetting” a terrorist organization.  A French insurance company responded by refusing to insure a ship that was prepared to sail from Marseilles.

With cooperation from the Israeli government, eager to abort the mission and avoid another round of vituperative castigation, Shurat HaDin notified a satellite communication company that it faced legal action if it provided service to the flotilla.  It also filed a lawsuit for violation of the Neutrality Act in federal court in New York.

And, to cover all bases, Shurat HaDin notified the government of Greece that its own Neutrality Act prohibited ships from sailing to illegal ports (including Gaza).  Lacking the necessary insurance or proper registration, the flotilla was prevented by the government from departing.

A passenger complained that her journey had been thwarted by a “right-wing Israeli law center.”  Nitsana Darshan-Leitner cheerfully acknowledged the triumphant strategy of “lawfare.”

Shurat HaDin recently launched forays against major communication companies.  It notified Twitter (but not by a “tweet”) that permitting Hezb’allah and other foreign terrorist organizations to maintain accounts violated American laws prohibiting assistance or support to terrorists, exposing the company to legal action from terror victims and their families.  Last month it delivered a similar warning to Verizon to halt its phone service to PLO offices in Washington.

Most recently, it quickly persuaded Delta Airlines that Ben-Gurion Airport in Israel is not, as its frequent flyer program on a Middle Eastern website suggested, located in “occupied territory.”

From ports to airports, and many places in between, the “lawfare” campaign waged by Shurat HaDin reveals the enduring power of law in Jewish tradition — with an innovative Israeli twist.

Jewish State, Zionist Conflict

Jewish Press (February 8, 2012)

Near the end of the nineteenth century, Theodor Herzl, the Viennese journalist who would wrestle with the plight of Jews amid the enticements and dangers of modernity, felt trapped. For his son’s sake he considered conversion to Christianity; to solve the vexing “Jewish Question” he even fantasized the mass conversion of Jews.

Yet Herzl also worried lest the freedom enjoyed by newly emancipated Jews lead to assimilation (as, indeed, it did for Herzl himself). In the end, he decided the solution could be found in Zionism, the nascent national movement that had begun to inspire handfuls of Russian lovers of Zion (known as Hovevei Zion) to relocate to Palestine and rebuild a Jewish community there.

The virulent French anti-Semitism that erupted in 1894 with the scandalous trial and conviction of Captain Alfred Dreyfus for treason convinced Herzl that Jews were “one people” needing a state of their own. “We have sincerely tried everywhere to merge with the national communities in which we live, seeking only to preserve the faith of our fathers,” he wrote. But, he concluded, “it is not permitted us.” Religion alone was insufficient.

Herzl’s The Jewish State, published two years later, was his plea for a Zionist solution to the Jewish problem. But Herzl was too much the assimilated Viennese gentleman to want anything other than an “aristocratic republic” (preferably modeled on Switzerland), which would become an “outpost of civilization as opposed to barbarism” in the Middle East.

His dream of a Jewish state was conspicuous for its Jewish barrenness. Jewish history, for Herzl, was a burden from which emancipated Jews, even Zionists, must escape. Religion offended him: “We do not mean to found a theocracy,” he wrote, “but a tolerant modern civil state” in which “our clergy” would not have “even the slightest chance to assert their whims.” His Jerusalem would feature a grand Temple, emptied of Jewish content, and an Old City that would become “an international centre which all nations might regard as their home.”

In Herzl’s multilingual state “every man can preserve the language in which his thoughts are at home.” After all, he wondered, “Who among us knows enough Hebrew to ask for a train ticket?” Yiddish, the “stunted and twisted jargon” of Eastern European Jews, was a ghetto remnant deserving to be eradicated. Jewish culture must draw upon Enlightenment virtues: “justice, truth, liberty, progress, humanity, and beauty.” Herzl cared little about the location of a Jewish state; as between Argentina and Palestine he was indifferent.

Herzl’s call for the revival of Jewish nationalism proved equally offensive to the Protestrabbiner (as he labeled his European religious opponents) as it did to the enlightened and emancipated Jews of modernity. Because American Jews already stood on “freedom’s holy soil,” prominent Reform rabbi Isaac Mayer Wise declared, Zionism was nothing more than “a momentary inebriation of morbid minds.”

* * * * *

Secular Zionists succeeded in creating the old-new land of Herzl’s imagination. Against seeming insuperable odds, Israel not only survived the murderous hostility of its enemies; it flourished. Finally, Jews could once again live as citizens in their own country and, if necessary, die defending it.

But neither the Zionist movement nor its ultimate fulfillment in Jewish statehood could resolve the underlying tension between competing Israeli and Diaspora visions of Jewish modernity: independence or assimilation. Jewish leaders in the United States were infuriated when Prime Minister David Ben-Gurion appealed to young American Jews to make aliyah to the fledgling state. Then and ever since, the overwhelming majority of American Jews have preferred to remain where they are, ever more closely identified with the liberalism that has been their entry ticket to mainstream American society.

It might be said that American Jews have remained faithful to the teaching of Jeremiah after the Babylonian exile: “Build houses, and dwell in them; and plant gardens, and eat the fruit of them.” Indeed, when Ezra led the exiled community from Babylon back to Jerusalem, he discovered an “unclean” land whose Israelites, hardly immune to the enticements of foreign cultures, had adopted their “abominations.” Exile, even then, might also occur at home.

The pursuit of normality, given the tragedies and horrors of Jewish history, inspired Zionism, and statehood was its astonishing – and historically unprecedented – achievement. But the tension between a normal and a chosen people, between secular liberalism and Judaism, would remain deeply embedded in the fledgling state. Indeed, Israel has long displayed its own Zionist version of the tale of two cities, with Tel Aviv as the apex of secular Zionist hedonism and Jerusalem as the sanctuary of Jewish history and memory.

Built a century ago on sand dunes along the Mediterranean shore, Tel Aviv symbolized the Zionist repudiation of Jewish memory. With its back to the geographical cradle of Jewish history in the Samarian hills, it faced west toward modern sources of inspiration, at first Europe – witness the Bauhaus architecture in the old city center – and eventually the United States.

Tel Aviv became the fulfillment of Herzl’s dream in Altneuland: the secular, liberal repository of contemporary Israeli culture. It has always appealed to Israelis with little patience for divine command, historical claims, or spiritual yearning. The splendid beachfront, enticing café culture, and throbbing nightlife display its cosmopolitan and hedonistic aspirations.

Jerusalem, perched on Mt. Zion at the end of the road from Tel Aviv, remained isolated and insular. With the Jewish Quarter destroyed and the Old City inaccessible after 1948, it became a provincial town stripped of the holy places that symbolized its spiritual heart and soul. Its shtetl neighborhoods, pre-modern and enclosed, with their narrow lanes and shuks and religious customs, were not hospitable to outsiders. In its more elegant western European enclaves, life was refined, sedate and introverted.

But not twenty years after independence, following its swift and sweeping victory in the Six-Day War, Israel was transformed. As Moshe Dayan proclaimed, “We have returned to all that is holy in our land. We have returned never to be parted from it again.” Even soldiers from kibbutzim, the ideological stronghold of secular Zionism, could imagine that “we were inscribing a new chapter in the Bible, a chapter of miracles, wonders and greatness…. The whole of the Promised Land is ours.”

After June 1967 Israelis by the thousands and tens of thousands could finally roam across the biblical landscape. Their itinerary took them from Jerusalem to Rachel’s Tomb, outside Bethlehem, and to Ma’arat HaMachpelah in Hebron, the burial place of the biblical patriarchs and matriarchs where no Jew had been permitted to pray for seven centuries. They visited ancient Jericho, biblical Shechem, and the hill country where the Maccabees fought for freedom from foreign rule.

The Old City was finally restored to the Jewish people. The Western Wall, the repository of Jewish sacred history and for so long the symbol of the timeless Jewish yearning to return, now became the site of its miraculous fulfillment. Despite its more garish recent sacrifices to modernity – the new entrance to the city, high-rise apartment buildings and luxury hotels, and a shopping mall – the contrast with Tel Aviv remains as sharp as ever. To some, Jerusalem can still seem too Jewish for a secular Zionist state.

Within a year an intrepid group of pioneering Israelis, who became known as “settlers,” seized the opportunity to restore Jewish life in the biblical homeland of the Jewish people. Using the classic Zionist strategy of settling the land “dunam by dunam,” they began to rebuild destroyed Jewish communities and, eventually, to build new ones.

First came Kfar Etzion, the cluster of kibbutzim just south of Jerusalem that Arabs had demolished on the eve of the Independence War. Then, after a decade in the new settlement of Kiryat Arba, Jews returned to Hebron, whose Jewish community had been viciously destroyed during the Arab pogrom in 1929.

* * * * *

The sudden, unexpected and, to these religious Zionists, miraculous convergence of Zionism and Judaism was profoundly disturbing to secular Israelis committed to Western liberal values. For the young writer Amos Oz the Six-Day War brought tragedy, not triumph. The modern “marriage” of “the Jewish heritage and the European humanist experience” that previously defined Zionism would, he feared, be shattered by religious zeal.

The settlement movement eventually transcended its ideological origins in religious nationalism. Secular Israelis who could not afford Tel Aviv real estate prices moved to affordable new communities across the Green Line, within an easy commute to jobs and cultural pleasures. Inner city ultra-Orthodox Jews with rapidly expanding families, traditionally aloof from Zionism, relocated to settlements just outside Jerusalem.

But most Israelis, like most Diaspora Jews, do not seem eager to belong to a distinctive people that dwells alone. In recent years the venerable Zionist contrast between Israel and galut has receded. Israel’s cultural intermarriage with the United States is no less problematic than the 50 percent Jewish intermarriage rate in the American promised land.

Indeed, yeridah has replaced aliyah: there are more Israelis living in the United States than Americans in the Jewish state. They prefer the Silicon Valley and Los Angeles to Tel Aviv and the Mediterranean. That dismaying inversion of Zionist expectations is an ominous portent for the future.

Israel’s cultural intermarriage with the United States has the potential to undermine Jewish distinctiveness in the Jewish state. The price of normalization, for which Herzl and his secular Zionist disciples yearned, could yet become exorbitant.

After sixty-five years of wars and intifadas, and the encircling threat posed by militant Islam, it is entirely understandable that many – perhaps most – Israelis would yearn for peace now, peace in our time, peace at almost any price. That might be possible if only Israel were like other nations. But Jewish history, ancient and modern, suggests otherwise.

Will Israel continue to pursue Herzl’s dream, becoming a liberal, individualistic, post-Zionist replica of the United States? Or will it find ways to deepen and strengthen its identity as a Jewish state? To be sure, secular and religious Zionists share a bedrock conviction. Unlike Herzl, they will not settle for Argentina. But galut, in the end, may be less a geographical location than a state of mind.

Answers are most likely to be found in the future of Jewish settlements in biblical Judea and Samaria. There is a widespread perception, indeed it is a staple of Jewish liberalism and secular Zionism alike, that settlements are the overriding obstruction to any prospect for peace and the primary source of internal conflict in Israeli society. But any attempt to uproot 300,000 Jews from their homes, in effect a brutal plan for ethnic cleansing, could bring Israel to the precipice of civil war.

Many settlers, like the Israelis who were evicted from Gaza in 2005, surely would obey government decisions and military orders for evacuation. But religious Zionists, clinging tenaciously to the ancient promised land on which their homes are built, are unlikely to surrender their dreams. What then? Will the Israel Defense Forces – with its growing proportion of religious soldiers and officers – obey orders to expel Jews, with force if necessary, from the biblical homeland of the Jewish people? No more chilling scenario is imaginable.

As long as tens of thousands of Israelis, despite the risks and dangers, remain committed to living in more than one hundred settlements, the convergence of Zionism and Judaism will retain its vitality. As I was once reminded by Rabbi Eliezer Waldman, one of the founders of the restored community in Hebron after the Six-Day War, the largest Jewish settlement in the Middle East is the State of Israel. In that sense, every Israeli Zionist is a settler.

To be sure, there are occasional excesses of zeal, always widely publicized as an attempt to undermine the entire settlement movement. Recently some young settlers were indicted for attacking an army base to protest the impending evacuation and demolition of their tiny outpost, consisting of two caravans and several families. But these young firebrands are hardly representative of the settlement movement, no matter how insistently their political enemies assert the contrary.

Far more consequential are the incessant demands, inside and outside Israel, for two states for two peoples, Jews and Palestinians, west of the Jordan River with Jerusalem once again divided. On the left fringe of Israeli politics, journalism, and academic life there are even those who advocate one state for two peoples, in effect sacrificing Jewish national sovereignty for the mirage of bi-national peace and harmony.

The obsessive, seemingly universal, preoccupation with a solution to the Israeli-Palestinian conflict tends to obscure an even more urgent question: What kind of state will Israel become? The opening words of its Proclamation of Independence provide as good a reminder as any: “The Land of Israel was the birthplace of the Jewish people. Here their spiritual, religious and national identity was formed.” But Jewish identity in the Zionist state remains a problematic work in progress.

One year ago UNESCO affirmed Hebron as “an integral part of the occupied Palestinian territories.” Now that “Palestine” has been voted into this anti-Zionist appendage of the United Nations, Me’arat HaMachpelah, along with other ancient Jewish holy sites (Rachel’s Tomb near Bethlehem and Joseph’s Tomb in Shechem) may become “World Heritage Sites” under Palestinian control. That, of course, means that they would also become Judenrein.

Zionism and Judaism are the essential twin components of Jewish statehood and survival. Judaism without Zionism met its tragic fate in Europe during World War II. Zionism without Judaism threatens to obliterate the historic distinction between homeland and exile. That is why the attempted removal of Jewish settlers from the biblical homeland of the Jewish people by the government and army of the State of Israel would convert the Zionist dream into a Jewish nightmare.

More than a century after the publication of Altneuland, Herzl’s vision of a Jewish state has been fulfilled. But Israelis still remain deeply conflicted over its Zionist identity and the terms of reconciliation between Zionism and Judaism.

Kiryat Arba

Mideast Outpost (January 30, 2012)

Kiryat Arba is connected to the ancient holy city of Hebron by the umbilical cord of Torah and a miraculous moment in modern Israeli history.

In Kiryat Arba, “which is Hebron” (Gen. 23:2), Sarah died and was buried in
Ma¹arat HaMachpelah, the cave in the land that Abraham purchased from Ephron
the Hittite for four hundred silver shekels. Meaning “the city of four,”
Kiryat Arba was variously identified with four confederated tribes who
resided there and with Arba, said to be the father of the fearsome giants
encountered by the spies sent by Moses to scout the land.

According to the Babylonian Talmud, Arba was “the city of four couples” who
were entombed in Machpelah: Adam and Eve, Abraham and Sarah, Isaac and
Rebekah, and Jacob and Leah. But during the centuries of Muslim rule,
between 1267-1967, Jews were not permitted inside the Machpelah enclosure.
Kiryat Arba virtually disappeared from Jewish history.

In the spring of 1968, nearly a year after the Six-Day War brought biblical
Judea and Samaria under Israeli control, Rabbi Moshe Levinger rented the
Park Hotel in Hebron for the Passover Seder. But it was not for one night
only. He intended to rebuild a Jewish community in Hebron, restoring a
Jewish presence in the venerated city that had been Judenrein ever since the
horrific 1929 massacre.

After the holiday ended, several dozen Israelis refused to leave the hotel.
Following six weeks of negotiation with an Israeli government that was
apprehensive about conflict with hostile local Arabs, the persistent
settlers were relocated to a nearby military compound overlooking the city.
There a dozen families, joined by a cohort of yeshiva students, lived in
cramped quarters for two years.

Early in 1970 the government authorized the establishment of an “upper
Hebron,” to be named Kiryat Arba, on an empty hilltop site overlooking the
city. In an attempt to satisfy the settlers and mollify hostile Arabs it
would be located near Hebron but not in it ­ intended as “an uneasy
compromise between security, demography, emotion, and history.”

The following year, just before Rosh Hashanah, fifty families moved toKiryat Arba, a ten-minute downhill walk to Hebron. Planned as a smallcommunity with 1,000 dwelling units, it grew slowly. Kiryat Arba resembled other Israeli development towns, remote from main population centers aneconomically precarious. After five years the population reached nearly1,500, including 140 yeshiva students, but many apartments remained empty.

A diverse community, its primary cohort was Orthodox. There were immigrants
from Arab countries, Americans, refuseniks from the Soviet Union, and
several hundred Ethiopian newcomers living in an absorption center at the
entrance to the town. But from the beginning, Kiryat Arba was intended by
its founders to be a way station for the return of Jews to Hebron.

Led by Rabbi Levinger, Kiryat Arba residents probed for opportunities to
rebuild a Jewish community down the hill. They secured government permission
to pray in Machpelah. Baruch and Sarah Nachshon, who had attended the
Passover Seder in the Park hotel and decided to stay, secretly held a bris
for their infant son inside the ancient shrine.

Six months later, the Nachshon baby suffered crib death. Despite Israeli
government opposition (lest local Arabs be offended), Sarah was determined
that he be buried in the ancient Jewish cemetery in Hebron. After the
funeral she declared: “If we open the Jewish cemetery, we open the gates to
the city.”

Soon after Passover in 1979, in the middle of the night, ten Kiryat Arba
women led by Sarah Nachshon and Miriam Levinger, accompanied by thirty-five
children, climbed into Beit Hadassah, the old Jewish medical clinic in the
heart of Hebron. Once inside, the excited children sang v’shavu banim
l’gvulam, God¹s promise of return to Zion. A four-year-old girl explained to
a surprised Israeli soldier: “Jacob, our forefather, built us a ladder and
we came in.” Hebron, Miriam Levinger announced, “will no longer be
Judenrein.”

Kiryat Arba residents would pay a high price for their determination to
rebuild a Jewish community in Hebron. Nine months later a yeshiva student
was murdered in the Hebron market. The next day, men from Kiryat Arba seized
five empty Jewish-owned buildings in Hebron and demanded the right to
inhabit them. Not long afterward several dozen Jews, returning to Kiryat
Arba from Machpelah, were ambushed as they neared Beit Hadassah. Caught in a
cross-fire of grenades and bullets, six were murdered.

Kiryat Arba and Hebron residents remained vulnerable. In 1994 respected
Kiryat Arba doctor Baruch Goldstein, distraught and infuriated by
unrelenting Palestinian terrorism following the Oslo Accords, was warned by
Israeli military commanders of an impending Arab attack in Hebron.
Determined to prevent it, he killed 29 Muslims at prayer in Machpelah before
he was beaten to death. Buried near the entrance to Kiryat Arba, he was
eulogized by chief rabbi Dov Lior as a righteous man driven to desperation
by the government failure to confront Palestinian terrorism.

Nearly a decade later, as a group of Kiryat Arba residents was returning
home from Shabbat prayer in Machpelah, they encountered a fusillade of
bullets and grenades near the gate to their community from three Palestinian
members of Islamic Jihad. Four Israeli soldiers, five border policemen, and
three members of the Kiryat Arba emergency response team (including a father
of seven) were murdered.

Yet despite the terror, trauma and sorrow, Kiryat Arba has become a normal
Israeli community located in an abnormal place that is layered with Jewish
history, both ancient and modern. Now home to nearly 8000 residents who have
made aliyah from the Middle East, Africa, Europe and North America, it is a
thriving suburb of Hebron with modern apartment buildings and schools, the
respected Nir yeshiva, lovely parks, shops, and synagogues. Its mayor,
Malachi Levinger, is the son of the founding rabbi of the Hebron community.

I first visited Kiryat Arba some twenty-five years ago. In the apartment of
an olah from Kentucky who was evidently accustomed to welcoming strangers
with tea and sweets, I met Rabbi Eliezer Waldman, one of the founders of the
Hebron/Kiryat Arba community and head of Nir yeshiva.

After a few minutes of conversation I sensed that he was my religious
Zionist Other. Growing up in the ultra-Orthodox Williamsburg neighborhood of
Brooklyn (while I was growing up in the ultra-assimilated Forest Hills
neighborhood of Queens), he studied at the Flatbush Yeshiva (while I played
basketball at the Horace Mann School). Then he returned to Israel (he was
born in Petah Tikva, a year after my birth in Philadelphia) to learn in a
Bnei Akiva yeshiva. I set off for college in Oberlin, Ohio.

Rabbi Waldman did not suffer Diaspora fools gladly. In response to my first
question about the legality of Jewish settlements, he suggested that illegal
settlements were to be found in Boston (where I lived) and New York, not in
Hebron or Kiryat Arba. He reminded me that the largest Jewish settlement in
the Middle East was the State of Israel.

It was not an auspicious start, but he mellowed and I was sufficiently
stimulated to return for another visit several years later, shortly after
the arrest of two dozen settlers ­ including several from Hebron and Kiryat
Arba ­ for belonging to a terrorist underground group. Seat”understanding” the
settlers’ violence (which he did) and “justifying” it (which he did not), an
illuminating example of Talmudic exegesis applied to life in contemporary
Israel.

Some years later, in the attractive Kiryat Arba neighborhood of Har Sina, I
was welcomed into the home of Elyakim Haetzni, another founder of the Hebron
community. Severely wounded in the Independence war, he became a lawyer in
Tel Aviv, joined Moshe Levinger and Hanan Porat in planning the return to
Hebron (where, he would say, “I am at home, in the bosom of Abraham”), and
moved to Kiryat Arba, where he has lived ever since.

Surrounded by shelves overflowing with books in four languages, he patiently
answered my questions about the Hebron community. Then, inviting his wife to
join us for the ride, this sprightly eighty-year-old gentleman strapped on
his pistol for our safety and drove down the hill to Beit Hadassah, where he
chatted briefly with old friends before returning home.

Kiryat Arba, still linked to Hebron after four thousand years, is a
distinctive community whose modern history as a pioneering settlement
provides a bridge to the biblical past. For more than thirty years its
residents have assumed enormous personal risks in their ceaseless
determination to restore a Jewish community in Hebron. It is a historic
achievement, for which lives have been sacrificed. Yet the normality of
daily life in Kiryat Arba and the vitality of the Jewish community in Hebron
testify to their remarkable achievement.

The American Jewish Dilemma

American Thinker (December 18, 2011)

No sooner did turbulence subside within the American Jewish community over Israeli videos and billboard ads that seemed to denigrate the quality of Jewish life in the United States than a new problem erupted.

This time, however, Israel could not be blamed.  The new fracas was entirely the fault of Republican presidential candidates speaking at the Republican Jewish Coalition Forum in Washington.  One after another, they affirmed their strong support for Israel and chastised the Obama administration for its incessant criticism of the Jewish state.

Newt Gingrich was the prime culprit.  He sharply criticized Defense Secretary Leon Panetta’s “outrageous” recent demand that Israel “get to the damn table” and make peace with the Palestinian Authority — as if President Mahmoud Abbas, like his predecessors, had not persistently fled from negotiations, even with the assurance of Israeli concessions.

Gingrich indicated that if elected president, he would immediately relocate the American Embassy from Tel Aviv, where it has been ever since Israel achieved independence, to Jerusalem, which the United States still does not recognize as the capital of the Jewish state.  In a follow-up interview on the Jewish Channel, he noted (correctly), to widespread outrage, that the Palestinians are an “invented” Arab people with no history of statehood in “Palestine.”

Nor was Gingrich alone in strongly defending Israel and lambasting the Obama administration.  Mitt Romney affirmed Israel’s existence as a Jewish state and the “unshakable” American bonds with it.  He sharply criticized the president for repeatedly chastising Israel, demanding indefensible borders, insulting Prime Minister Netanyahu, and ignoring incessant threats from Iran and Hamas.

All this might be considered mere campaign boilerplate from aspiring nominees currying favor with a tiny but strategically located voting bloc.  Yet American Jewish voters confront a potential dilemma of major proportions: do they vote next November for a conservative Republican nominee who promises strong support and protection for Israel?  Or do they vote for the Democratic incumbent whose criticism of Israel and genuflection to Muslim sensibilities they ignore because they favor his domestic agenda?  Do they, that is, vote as Jews or as liberals?

If history is any guide, the answer is obvious.  The last time Jews gave even a plurality of their votes to a Republican presidential candidate was in 1920, when Warren Harding narrowly edged out Socialist Eugene V. Debs as the preferred candidate in a three-party race.  The closest Jews have come since to supporting a Republican was in 1980, when Ronald Reagan came within six percentage points of Jimmy Carter.

For American Jews, liberalism, Judaism, and the Democratic Party have long been intertwined.  Waves of Jewish immigrants after the turn of the last century translated ancient Israelite prophecy into labor-union activism and socialism.  For their children, who came of voting age during the Great Depression, Franklin D. Roosevelt was the new prophet, and the Democratic Party became the repository for Jewish liberal yearnings.  Eager to assimilate, Jews wanted desperately to be recognized as Americans — not as Jews.

The implicit reward was evident: once American Jews identified politically with the majority party, and for as long as they refrained from pressing a Jewish agenda, their loyalty to the United States could not be questioned.  But with the rise of Nazi Germany, their fateful bargain had disastrous consequences.  President Roosevelt would not alienate Congress, or incur isolationist (often anti-Semitic) criticism, by evading restrictive immigration quotas to rescue European Jews from annihilation.  State Department officials persistently and efficiently turned desperate Jews away.

Jewish community leaders turned the other cheek.  The conspicuous exception was the predominantly Orthodox “Rabbis March” in Washington (1943), organized by Hillel Kook of the right-wing Bergson Group.  President Roosevelt heeded the advice from mainstream Jewish leaders not to meet with them.

Even awareness of the Holocaust made no discernible impact on American policy.  The Roosevelt administration mobilized military power to defeat Germany but would not bomb the railroad tracks leading to Auschwitz.  With 90 percent of Jews supporting FDR in 1940 and 1944, the president was virtually immune to criticism from within the Jewish community.

There was a singular moment of liberal and Jewish convergence during the presidency of Harry S. Truman.  Committed to preserving Roosevelt’s New Deal agenda, Truman called for a relaxation of immigration quotas to enable more Jewish refugees to enter the United States.  Over State Department opposition, he favored the partition of Palestine to assure a Jewish state.  Although he bridled at Zionist pressure, when Israel was born, he resisted administration naysayers and immediately recognized it.

With President Obama widely — and accurately — perceived as hostile to Israel, American Jewish voters are likely to confront a painful dilemma in 2012.  At a time when the very legitimacy of the Jewish State is challenged throughout the world, and its security is endangered by Hamas and Hezb’allah terrorists on its borders who are amply supplied with weapons from a nuclear Iran, will Jews vote for the (Republican) candidate who is the stronger supporter of Israel?

Or will they remain committed to their bedrock liberal principle of tikkun olam (“repairing the world”), thereby elevating their domestic social agenda over the safety of the Jewish State they profess to embrace?

An Invented People

New York Sun (December 13, 2011)

Newt Gingrich has been challenged for calling the Palestinians an “invented” people. He was accused by a spokesman for the American Task Force on Palestine of “deep historical ignorance and an irrational hostility toward Palestinian identity.” To Sabri Saidam, adviser to Palestinian Authority’s president, Mahmoud Abbas, Mr. Gingrich had displayed “extreme racism.” But the former speaker seems to know more about Palestinian history than his critics. Indeed, Palestinians have said the same thing about themselves for decades.

Testifying before the British Peel Commission in 1937, Syrian leader Auni Bey Abdul-Hadi asserted: “There is no such country as Palestine… . Our country was for centuries part of Syria. ‘Palestine’ is alien to us.” Shortly before the birth of Israel, prominent Arab historian Philip Hitti conceded: “There is no such thing as Palestine, absolutely not.” According to Columbia history professor Rashid Khalidi, a student of Palestinian identity, “Palestine” did not even exist until it emerged from the wreckage of World War I.

Why was it, wondered Walid Shoebat from Bethlehem, “that on June 4th 1967 I was a Jordanian and overnight I became a Palestinian… . We considered ourselves Jordanian until the Jews returned to Jerusalem.” Only after the Six-Day war did West Bank Jordanians begin to define themselves as Palestinians.

A decade later Zahir Muhsein, PLO military commander and member of its executive committee, acknowledged: “There are no differences between Jordanians, Palestinians, Syrians and Lebanese. We are all part of one nation.” Identification of a Palestinian state, he conceded, was merely “a new tool in the continuing battle against Israel.”

Lest these statements be dismissed as obsolete or wrenched from context, even Jihad Watch conceded that “Gingrich is right.” Jihad Watch, which should know, explained that “the Palestinian nation was invented as a tool of the jihad against Israel.”

There is nothing new or wrong with being an “invented” people. The important question is whether a national identity is constructed from the distinctive experience of a people or, as the Palestinians have done, from plundering the history and heritage that belong to someone else.

Nothing is more revealing about Palestinian identity, ironically, than its grounding in Jewish history and sources. The Canaanites, displaced according to the biblical narrative by the conquering Israelites, have become their victimized ancestral people. Their insistent claim of a “right of return” for refugees from Israel’s independence war mimics the law of return, passed by the Knesset two years later, assuring to every Jew the right to immigrate to Israel.

Palestinians plunder modern Jewish history — and tragedy — for their own purposes. They have cast themselves as the new “Jews,” who are oppressed by Israeli “Nazis.” Palestinian teen-agers, comparing themselves to Anne Frank, claim to suffer from a “holocaust.”

The recent Palestinian flotillas to Israel have been modeled on the Exodus and other refugee ships that tried to transport desperate Jews to Palestine before independence. In the Palestinian version, Israel becomes the oppressive British government that prevented Jews from reaching their promised land.

With their appropriations from Jewish history, ironically, Palestinians have inadvertently cast themselves as the biblical Jacob, stealing the birthright intended for his brother Esau. Identity theft, like other forms of imitation, might be considered the highest form of flattery. But it is a fragile foundation for building a nation, as the Palestinians continue to discover.

Mr. Gingrich has been criticized near and far for his “invented” people observation. An Arab-Israeli Knesset member deplored his “lame and shameful comments.” Governor Romney blamed his rival for “incendiary words.” But Mr. Gingrich, as Palestinians have testified for 75 years, knows his history.