The Torah refers to Israel as an "Am", a people, as well as a "Goy", a nation. Unlike an Am, a Goy is a corporate
entity whose members are not united by a distinctive way of life.
The most prominent example of a "Goy" is multicultural America. Virtually anyone can be a citizen of this great democracy, where freedom is defined as "living as one likes". Yet, to call the United States a "democracy" is misleading insofar as that term literally means "the rule of the people".
For America is not an Am, a people united by a distinctive way of life. America is a normless democracy where citizenship has little moral or intellectual significance. The removal of virtually all moral and intellectual standards from the naturalization process has stripped citizenship in America of any dignity.
Now it so happens that the concept of citizenship, like that of the sovereign state, is foreign to the Torah. Since the state is a product of human will, so too are its laws governing citizenship. Moreover, since a defined area of land is essential to a state's existence, its laws governing citizenship will apply only to that area.
The people of Israel, however, existed before they possessed a land. Indeed, they became a people only by virtue of the Torah, and it was only after receiving the Torah were they given a land and for the sake of the Torah.
What also distinguishes the Torah is that any Jew who has converted to another religion will remain with all the obligations of a Jew until the end of time. In contrast, citizenship is a right or privilege which can be renounced or revoked. For example, a person immigrating to the United States from Italy may renounce his Italian citizenship and become an American citizen (and vice-versa). In fact, these two sovereign states may agree to allow their respective nationals to be citizens of both countries.
Moreover, the two countries may limit dual citizenship to those who do not serve in the army or hold an elective office of government. Clearly, citizenship is an artificial concept quite foreign to the Torah. However, while the Torah says nothing about "citizenship", it does posit the concept of the "ger", a proselyte or convert to Judaism. Because Judaism is a unique philosophy and system of behavior, any person, regardless of race or ethnicity, can become a Jew by learning the Torah and living according to its precepts.
For the ger and the born Jew there is but one law. The concept of the ger thus provides a moral foundation for the social and political equality of naturalized citizens in any democracy. To be sure, it is reasonable and proper to require, say a President of the United States, to be a native-born American (as prescribed in the American Constitution). This qualification is anticipated in the Jewish law: a convert to Judaism cannot be a king of Israel.
Although the concept of a ger provides a foundation for what is called a "naturalized citizen", conversion to Judaism is an infinitely more disciplined and exalting process, both intellectually and spiritually. The ger assumes all the obligations of a born Jew: to sanctify the Name of G-d by studying the Torah, serving His people, and setting an example to mankind by doing justice and kindness. The ger earns his equality with the born Jew, and only then is he entitled to participate in making the laws of his community.
This equality of status does not extend to non-Jewish residents of Israel, or rather, of an authentic Jewish commonwealth.
The halachic category of a non-Jewish resident is a ger toshav. To qualify as a ger toshav, the non-Jew must abide by the Seven Noahide Laws of Universal Morality. The Noahide laws prohibits murder, theft, adultery, idol worship, blasphemy, and cruelty toward animals, and also requires the establishment of courts to adjudicate such offenses. Of course a ger toshav must also acknowledge the Torah as the supreme law of the Land of Israel.
Now, let us call a ger toshav a "citizen", i.e., a citizen of Israel.
Citizens of Israel, as just defined, are entitled to personal and religious freedom. They also merit the civil rights of Jews, and may have their own law courts and even their own educational institutions. In fact, the Torah requires the government to provide for their poor, their sick, and their aged whenever necessary (Deuteronomy 15:4). (To the extent that democracies adhere to such principles, they are practicing Jewish law).
Paradoxical as it may sound, a citizen, understood as a ger toshav, may NOT participate in the legislative as well as judicial and executive functions of a Torah government. Obviously this statement will be denounced as "racist" by indiscriminate egalitarians. Hence, it needs to be reiterated that the Jews became a nation through and for the sake of the Torah, and that Israel's existence has no justification apart from the Torah.
This is why a non-Jewish resident of Israel -- a ger toshav whom we designate a citizen -- may not shape the laws of this country. Is it not the height of absurdity that Arab Knesset Members cast the deciding votes on legislation pertaining to the "Who is a Jew" issue? Is it not only absurd but deadly that Israel's Arabs can now determine who shall be Israel's Prime Minister and exert a decisive influence on the character and even the borders of the supposed-to-be Jewish state?
Prof. Paul Eidelberg is:
Also see:
Constitution@Foundation1.org
Arab Members of Israel's Knesset
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