High Court rules widows of Jewish spouse can immigrate to Israel

In defiance of the government’s campaign to constrain its judicial power, the Court rejected the Ministry of Interior’s position, upholding a verdict given in 2021.

Israel's High Court of Justice ruled on Monday that the widow or widower with a child or grandson from a Jew is entitled to immigrate to Israel under the Law of Return.

The ruling, in a rehearing with an expanded panel of justices, thus rejected the Ministry of Interior’s position and upheld a verdict given in August 2021.

Since the previous ruling, the Ministry of Interior has recognized several cases of the rights of Jewish men's widows to receive Israeli citizenship, however it has begun setting a new condition for granting citizenship: conducting a Jewish lifestyle or having a proven connection to a Jewish community in the Diaspora.

While the Law of Return does stipulate a Jewish connection, proof of being a practicing Jew has never been a condition for a Jew, nor the children or grandchildren of a Jewish person, who are entitled to citizenship by law, and neither from their families, who are also entitled to immigrate to Israel.

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Defying Gov't Position, High Court Rules Widows of Jewish Spouse Can Immigrate to Israel (Haaretz)
The Interior Ministry has been demanding widows provide proof of leading a Jewish lifestyle to be eligible of The Law of Return, but this condition has been rejected by most-recent High Court ruling

Photo: Interim Israeli Supreme Court President Justice Uzi Vogelman, earlier this year (Ohad Zwigenberg)