Prisoner’s diet sparks ‘Who is a Jew?’ debate
ACLU-NJ intervenes after prison consults Chabad chaplain
Rabbi Mendy Carlebach, a volunteer chaplain for the Middlesex County Adult Correction Center, says, “I have no problem with people getting kosher food if they are not Jewish.”
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July 20, 2011
A former New Jersey prisoner’s demand for kosher food has triggered a debate over “who is a Jew.”
At issue: Must a prisoner prove that he is Jewish in order to get kosher food and, more importantly, who gets to decide — the individual, the state, or an outside religious authority?
Thomas Feldheim was being held earlier this year in the Middlesex County Adult Correction Center as he awaited extradition to North Carolina on a 2008 charge of raping a 13-year-old girl.
While being held in the North Brunswick jail, Feldheim requested kosher meals. Corrections officials sought advice from Rabbi Mendy Carlebach, director of the Chabad of North and South Brunswick and chaplain at the corrections center.
“The rabbi asked Feldheim if his mother was Jewish and he said, ‘No, but my father is Jewish.’ So the rabbi went back to the correction center and said, ‘No, he is not Jewish,’ and the correction center denied Feldheim’s request for kosher meals,” said Katie Wang, spokesperson for the ACLU of New Jersey.
Under Halacha, traditional Jewish law, a person is Jewish by birth only if his or her mother is Jewish.
Carlebach’s version of the story is slightly different.
“I don’t recall telling anyone they are not Jewish,” he said in a July 11 phone interview. “I do recall being asked by the prison what makes someone Jewish. I said clearly by halachic facts it is someone born to a Jewish mother or who converted according to Halacha. I do not investigate anyone’s background.”
After Feldheim application was rejected, the inmate asked the ACLU of NJ to intervene on his behalf. Alexander Shalom, ACLU of NJ’s policy counsel, handled Feldheim’s case.
“Decisions about religious affiliation are deeply personal, and it is not up to the state to determine whether a person’s beliefs are sincerely held,” Shalom told NJJN. “The state should have no role in deciding if a person is sufficiently religious. The constitution forbids the state or its designated rabbi from determining whether Mr. Feldheim is Jewish enough.”
Shalom drafted a complaint in April 2011 seeking kosher food for Feldheim.
“We said to the county, ‘We were going to file a lawsuit’ and they said, ‘Hold on, let’s see if there is something we can do short of a lawsuit.’ By the next day, they remedied the situation,” Shalom said.
Feldheim received kosher food until two months later, on June 20, when he was sent back to North Carolina to stand trial for rape. Neither he nor his attorney could be reached for comment as they prepare for a court date next month.
‘Is he sincere?’
Carlebach’s issue with someone’s religious identity, he said, focuses on different aspects of observance. “I have no problem with people getting kosher food if they are not Jewish,” he said. “The only issue I would have is if someone considers himself Jewish and how that may affect other people who are Jewish. One example is a minyan. If they are going to be counted and people there are relying on them to be Jewish, that I may have a problem with.”
Feldheim’s attorney said he was pleased that the issue was resolved without a court battle.
“We think this is a rare case which impacted both Mr. Feldheim’s free exercise of his religion, but also impacted the establishment clause of the First Amendment. What you had was the county endorsing one sect of Judaism,” said Shalom.
Among the major Jewish denominations, only the Reform movement considers children of Jewish fathers and non-Jewish mothers as Jews. Chabad is an Orthodox movement.
Marc Stern, associate general counsel for legal advocacy at the American Jewish Committee, said the ACLU applied a proper interpretation of the separation of church and state.
“The ACLU’s position is certainly reasonable. So is the position of the chaplain, who says, ‘You can’t make me accept somebody as Jewish,’” said Stern.
“In this case it is relatively easy. The only test the state ought to make is ‘Is he sincere?’ It is not the state’s business to police this. It doesn’t matter whether he is Jewish or not. It is whether he has a sincere religious belief that he needs kosher food,” said Stern. “It should not depend on whether the rabbi thinks he’s Jewish.”
Comments
Yid
July 21, 2011
Hard to argue that this conclusion makes sense. There is a glaring inconsistency. He knows his mother is not Jewish and that only according to Reform would he be considered Jewish. Accordingly, his maximal right should be to demand food that comports with Reform dietary restrictions. What? There aren’t any? So what’s the issue? If he wants to be a Jew according to the same halacha that requires kashrut, then let him convert.
UziDan
July 21, 2011
Yes, Yid (above), you’re right: let him convert, we are eager to add child-rapers to our people….......
But I do agree with the rest of your comment. Adding this: why do people refer to their background only then when they are in trouble?
Curt Abbott
July 21, 2011
Re Yid: You are correct in your statement that there are no Reform dietary restrictions. However, a reform Jew may CHOOSE to follow the restrictions of kashrut. Reform Judaism is all about choice, therefore, Mr. Feldheim may still have decided to abide by the laws of kashrut per HIS CHOICE.
Elmer Goldman
July 21, 2011
It would seem to me the determination of who constitues a Jew must be up dated. Originally the rule was made that “the mother determines ” the status of a Jew. The reason was because at birth the child and community knew who the mother was but there could be doubt about the father. Now , thanks to DNA, the question of the father can now be determined without doubt. Itr is time for a change. Actually this rule is now discriminating against fathers and millions of children that are born and come to ou8r people through intermarriage and reform conversiuons.
prisonmd
July 21, 2011
As a Physician with over 14 years of prison experience - and more often than not during the 14 years the “token Jew” or “go to Jew” for questions pertaining to Passover and other customs, I would like to add my 2 cents in:
This issue is MUCH more complex that it appears. The critical question is: Who is a Jew in a prison? I wish the answer was whomever wishes to so identify, but that is not an answer.
About 10 years ago the Neo-Nazi’s declared themselves Jewish in droves. The actually documented 3 goals:
1. To make Kosher food an issue by increasing demand and therefore cost.
2. To disrupt Jewish services and to intimidate Jews going to pray.
3. To use the chapel as a meeting place during times designated a Jewish Prayer times, a traditionally low security and therefore lightly guarded activity.
I do not have a good answer as to who should be allowed to make a decision or on what basis.
NJ Rabbi
July 24, 2011
As the article says, the Chaplain position is voluntary NOT paid position!
RABBI DR. BERNHARD ROSENBERG
July 25, 2011
For 5 years I served as an advisor to the prison. Before that and now I volunteer as a chaplain. I donated a Jewish library, tallis, tephillin, yamukas, machzorim, prayer books and made certain that there was kosher for Passover food as well as challot, matzah and kosher grape juice which I donated . The criteria was for the prisoner to have a rabbi vouch that he really kept kosher. Many prisoners trade kosher food for other food and items in the prison. IN REALITY they do not keep kosher. Many times the kosher food tasted better.
Carl Foster
July 30, 2011
The current Chaplain shows up and does job he gets paid to do. I believe in past had some guy from Edison who got paid and was a no show. This is much to do about nothing and for what this perp accused of bread and water appears more appropiate.
RABBI BERNHARD ROSENBERG
July 31, 2011
CARL FOSTER MUST BE A MADE UP NAME. The tax payers will now pay for kosher food for anyone in prison who asks for it. Regarding doing my job asK the administarator or former prisoners I helped, names available uppon request. Did anyone else donate the objects I DID. ? THERE EVEN WAS A MAJOR STORY IN THE JEWISH STATE.
Rachel Sturm
August 01, 2011
The gratutitous slurs against non-Orthodox Jews are most offensive. Whether the chaplain is voluntary or paid is not so much the issue as is the fact that in the United States may neither promote or limit one faith or sect over another, or promote religion observance over non-observance. The state or any agency thereof cannot pass judgment on who is or isnt sufficiently Jewish, or sufficiently any other creed. Feldheim is “accused”, he is not guilty of the allegation until he is so found to be in a court of law. As heinous as his alleged crime is, were any one of us to be accused of any crime, we would also have the same right to be “innocent until proven guilty.” Defending his right to kosher food protects your right to observe your Orthodox faith as you feel you are obligated to do so? Would any of you like it for instance, an Orthodox Jew was in jail and the Jail consulted with a Reform rabbi about any request the Orthodox Jew made? And there are Orthodox Jews in prison. Don’t kid your selves.