{"id":81130,"date":"2022-08-01T16:16:39","date_gmt":"2022-08-01T13:16:39","guid":{"rendered":"https:\/\/lawoffice.org.il\/?p=81130"},"modified":"2023-03-21T11:46:29","modified_gmt":"2023-03-21T09:46:29","slug":"first-beresford-case","status":"publish","type":"post","link":"https:\/\/script_transfer_new.mowfns.ap-southeast-2.wpstaqhosting.com\/en\/first-beresford-case\/","title":{"rendered":"The “First Beresford Case\u201d Judgment (HCJ 265\/87)"},"content":{"rendered":"

Our law office summarizes the most pertinent cases which established judicial interpretation of Israeli laws over the past decades. In this article, we review the “First Beresford case”, which established that Messianic Jews do not have the right to immigrate (make Aliyah) to Israel under the Law of Return.<\/p>\n

Facts<\/u><\/strong><\/p>\n

The petitioners are a married couple, who are both Jewish by birth. They applied for an oleh [immigrant\u2019s] visa according to the Law of Return<\/a>, which states that every Jew is entitled to make aliyah<\/a>, or immigrate, to Israel. Their application was denied by the Minister of the Interior. The couple then appealed to the High Court of Justice.<\/p>\n

The High Court of Justice ruled that that the petitioners were not entitled to an oleh visa, and therefore to immigrate to Israel, under the Law of Return for two reasons: (1) they had become members of another religion<\/a>, and (2) they had changed their religion voluntarily, which nulls their right to make Aliyah under Section 4a of the Law of Return. The remaining option for the petitioners was to apply for Israeli citizenship according to the provisions of the Citizenship Law, 1952<\/a>, \u201clike any person seeking to become an Israeli citizen.<\/p>\n

\u201dThe petitioners believe that Yeshua (Jesus) is the Messiah; however, they reject the concept of the Holy Trinity, stating that it is a theological idea that would not \u201chave a recognized place in [their] Messianic Jewish faith.\u201d<\/p>\n

\"First<\/p>\n

Issue One<\/u><\/strong><\/h4>\n
    \n
  1. Whether a person who is born Jewish and who also believes in Yeshua as the Messiah and belongs to a group called \u201cMessianic Jews\u201d is a member of another religion under Section 4b of the Law of Return?<\/li>\n
  2. Whether that person is entitled to an oleh visa under the Law of Return?<\/li>\n<\/ol>\n

    Answers to Issue One<\/u><\/strong><\/h4>\n
      \n
    1. A person who is born Jewish and accepts Yeshua as the Messiah and belongs to the group called \u201cMessianic Jews\u201d is considered to have become a member of another religion under Section 4b of the Law of Return.<\/li>\n
    2. A person who is born Jewish, accepts Yeshua as the Messiah, and belongs to a group called \u201cMessianic Jews\u201d is not entitled to an oleh visa under the Law of Return.<\/li>\n<\/ol>\n

      Analysis<\/u><\/strong><\/h4>\n

      Under Section 4b of the Law of Return, \u201ca Jew is a person who was born to a Jewish mother or who converted to Judaism, and who is not a member of another religion.\u201d The court uses three criteria to analyze the meaning of the Law of Return\u2019s expression \u201cmember of another religion.\u201d A summary of these three criteria is as follows.<\/p>\n