Anaya Nolan
The Law of Return is an Israeli law passed on July 5, 1950, by the Knesset, Israel's Parliament. The law grants Jews, people with one or more Jewish grandparents, and their spouses the right to relocate to Israel and acquire citizenship. The law was amended in 1970 to extend the right of return to some non-Jews, including people with Jewish ancestry and converts to Judaism. The Law of Return is based on Zionist principles and aims to ensure that Israel is a Jewish state and a home for the Jewish people.
| Characteristics | Values |
|---|---|
| Date of Creation | 5 July 1950 |
| Passed by | The Knesset, Israel's Parliament |
| Passed Unanimously | Yes |
| Passed on the Anniversary of | Zionist visionary Theodor Herzl's death |
| Amendments | 23 August 1954 and 10 March 1970 |
| Who Does the Law Apply to | Jews, people with one or more Jewish grandparents, and their spouses |
| Right of Entry and Settlement Extended to | People with at least one Jewish grandparent and a person who is married to a Jew |
| Right of Return Extended to | Non-Jews in 1970 |
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What You'll Learn
The Law of Return was passed on 5 July 1950
The law was based on Zionist principles, intending to ensure that the State of Israel would be a Jewish state and a homeland for the Jewish people. It gave legislative confirmation to the long-held Jewish aspiration to return to Zion, previously embodied in the Basle Program (1897), Article 6 of the Mandate for Palestine (1922), and Israel's Declaration of Independence of May 14, 1948.
The Law of Return, or Law No. 5710-1950, declares that "every Jew has the right to come to this country as an oleh [immigrant]." The term "Jew" is defined as a person born of a Jewish mother or one who has converted to Judaism and is not a member of another religion. Those who immigrate to Israel under this law are immediately entitled to citizenship.
The law has been amended several times since its enactment. An amendment passed on 23 August 1954, under Prime Minister Moshe Sharett, added a provision to deny citizenship to certain people, such as those with a criminal record. A more significant change was made on 10 March 1970, under Prime Minister Golda Meir, extending the Right of Return to those not considered Jewish by Orthodox definitions but married to a Jew, converts to Judaism, or grandchildren of Jews.
The Law of Return has been a subject of controversy, with some on the right wanting to limit it due to concerns about non-halachically Jewish immigrants, while some on the left view it as discriminatory against Arabs and Palestinians.
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It grants Jews the right to settle in Israel
The Law of Return grants Jews the right to settle in Israel. Passed on July 5, 1950, by the Knesset, Israel's parliament, the law declares that "every Jew has the right to come to this country as an oleh [immigrant]". The law gives Jews, people with one or more Jewish grandparents, and their spouses the right to relocate to Israel and acquire Israeli citizenship.
The Law of Return was passed to give effect to the Zionist movement's aim of establishing Israel as a Jewish state. It is worth noting that the law did not define who is a Jew, relying instead on the traditional halakhic definition, which states that a person is Jewish if their mother is Jewish or if they have converted to Judaism and are not a member of another religion. This lack of a definition resulted in divergent views among the various streams of Judaism competing for recognition.
In 1970, the right of entry and settlement was extended to people with at least one Jewish grandparent and the spouse of a Jew, regardless of whether they are considered Jewish under Orthodox interpretations of Jewish law. This amendment also included the children and grandchildren of Jews, except for those who had voluntarily changed their religion.
The Law of Return has been further amended over time, with notable changes including the addition of sections in 1954 and 1970, and the recognition of same-sex marriages in 2014, allowing Jews in same-sex relationships who married abroad to immigrate to Israel with their non-Jewish spouses, with both spouses receiving Israeli citizenship.
The law has been the subject of debate and criticism, with some arguing that it reaffirms a right that Jews have always held to settle in Israel, while others have questioned the eligibility criteria and the authority of the state to define who is a Jew.
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The law was amended in 1970 to extend rights to non-Jews
The Law of Return was passed by the Knesset, Israel's Parliament, on July 5, 1950. The law declared that "every Jew has the right to come to this country as an oleh [immigrant]". It was based on Zionist principles and aimed to ensure that the State of Israel would be a Jewish state and a homeland for the Jewish people.
Originally, the rights under the Law of Return applied only to Jews. However, due to lawmakers' inability to agree on a definition of "who is a Jew", the law did not provide a definition, resulting in divergent views among the various streams of Judaism. This absence of a clear definition had implications for immigration and citizenship eligibility.
In 1970, the Law of Return was amended to extend rights to non-Jews. This amendment addressed the issue of defining "who is a Jew" and expanded the rights to family members of Jewish olim, including their non-Jewish partners, children, and grandchildren. The amendment also extended rights to those with Jewish ancestry, such as having a Jewish father or grandfather, and to converts to Judaism. It is important to note that the law still excluded those who had voluntarily adopted another faith, even if they were considered Jewish according to the Orthodox halachic definition.
The 1970 amendment to the Law of Return was significant in broadening the scope of eligibility for immigration and citizenship in Israel. By extending rights to non-Jews, the amendment aimed to unify Jewish religion with Jewish nationality and address the demands of secular circles for equal treatment of family members of Jewish olim. This change reflected a compromise by the Israeli legislator, expanding the circle of beneficiaries while limiting the definition of "Jew" for certain purposes.
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The law was based on Zionist principles
The Law of Return, passed on 5 July 1950, was based on Zionist principles. The law, which grants every Jew in the world the right to settle in Israel, was passed by the Knesset, Israel's Parliament, on the anniversary of the death of Zionist visionary Theodor Herzl.
The law was amended in 1954 and 1970 to extend the right of return to some non-Jews, including people with at least one Jewish grandparent and the spouses of Jews. This amendment was based on the Zionist movement's aim to establish Israel as a Jewish state. The law has been criticised for its exclusion of the Palestinian right of return, which was a condition of the establishment of the state of Israel.
The Law of Return declares that "every Jew has the right to come to this country as an oleh [immigrant]". However, there was no definition of "who is a Jew" in the law, which led to divergent views of the various streams of Judaism competing for recognition. According to the halakhic definition, a person is Jewish if their mother is Jewish or if they convert to Judaism and are not a member of another religion.
The law was passed unanimously by the Knesset and affirmed by then-Israeli Prime Minister David Ben-Gurion, who stated that the law reaffirmed a right that Jews already held due to their inherent connection to the homeland. The Law of Return has been a source of ongoing debate and discussion, with some calling for its amendment to address potential loopholes and exploitations.
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Other countries have Right of Return laws
The Law of Return was passed unanimously by the Knesset, Israel's Parliament, on 5 July 1950. The law grants Jews, people with one or more Jewish grandparents, and their spouses the right to relocate to Israel, acquire citizenship, and settle permanently.
Germany, for example, provides immigration privileges to individuals with ethnic ties to the country. This is similar to the Law of Return in Israel, which has been criticised as a form of "positive" discrimination that withholds comparable rights from Palestinians. However, proponents of the Law of Return argue that it does not discriminate against non-Jews, as Israel's residency and citizenship laws for non-Jews are equivalent to those in other liberal democracies.
In addition, the Right of Return has been extended to include some non-Jews, such as spouses and descendants of Jews, except for those who have voluntarily changed their religion. This extension was made in 1970, and it is worth noting that the Law of Return has been amended twice, once in 1954 and again in 1970.
The concept of the Right of Return is also addressed in the Universal Declaration of Human Rights (1948), which states that "everyone has the right to leave any country, including his own, and to return to his country." This declaration, along with other United Nations resolutions, affirms the inalienable right of Palestinians to return to their homes and property from which they have been displaced.
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Frequently asked questions
The Law of Return was created on July 5, 1950.
The Law of Return is an Israeli law that gives Jews, people with one or more Jewish grandparents, and their spouses the right to relocate to Israel and acquire citizenship.
Yes, the Law of Return has been amended twice. The first amendment was made on August 23, 1954, and the second on March 10, 1970.
