Rufeisen v. Minister of the Interior [Father Daniel Case]
Israel Supreme Court
HC 72/62 PD 16 2428 (1962)
- Written by Kelly Simon, JD
Facts
After the state of Israel was created, the Law of Return created the legal framework through which the Jewish diaspora could immigrate to Israel and obtain Israeli citizenship. Although rabbinical interpretations offered broad definitions of who could be considered Jewish, the plain language of the Law of Return failed to expressly define who would be considered a “Jew” and, therefore, eligible for Israeli citizenship. Oswald Rufeisen (plaintiff) was a Polish-born Jew who survived the Nazi occupation of Poland. Rufeisen subsequently converted from Judaism to Catholicism, becoming a friar in the Discalced Carmelite Order and adopting the name Father Daniel. Later, Rufeisen moved to Israel and applied for Israeli citizenship under the Israeli Law of Return. The Israeli minister of the interior (defendant) refused Rufeisen’s application for citizenship. Rufeisen petitioned for review of the minister of the interior’s decision, arguing that Rufeisen remained a Jew, eligible for Israeli citizenship under the Law of Return, despite being baptized as a Christian.
Rule of Law
Issue
Holding and Reasoning (Silberg, J.)
Dissent (Cohen, J.)
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