CCAR RESPONSA

Contemporary American Reform Responsa

98. Doubtful Lineage and Burial

QUESTION: The following tragic situation presented itself to me: A couple came to me in the midst of their sorrow. The husband had a Jewish father and a Catholic mother. He was raised as a Catholic but later in life identified more with his Jewish side, though he never converted and practiced both Jewish and Christian traditions. His spouse was Protestant. She identified herself with her Christian heritage but with the principles of Judaism. Tragically, their seven-month-old daughter has died. Is it permissible to bury this child in a Jewish cemetery with Jewish rites? (Rabbi S. Akselrad, Columbus, OH)

ANSWER: Let us approach this question both from a traditional and a Reform point of view. Tradition would consider the husband a Catholic as only his father was Jewish and so the entire family would be considered as Christian. Our Reform point of view would approach the whole matter in accordance with our resolution on patrilineal descent .

“The Central Conference of American Rabbis declares that the child of one Jewish parent is under the presumption of Jewish descent. This presumption of the Jewish status of the offspring of any mixed marriage is to be established through appropriate and timely public and formal acts of identification with the Jewish faith and people. The performance of these mitzvot serves to commit those who participate in them, both parents and child, to Jewish life.

“Depending on circumstances, mitzvot leading toward a positive and exclusive Jewish identity will include entry into the covenant, acquisition of a Hebrew name, Torah study, Bar/Bat Mitzvah, and Kabbalat Torah (Confirmation). For those beyond childhood claiming Jewish identity, other public acts or declarations may be added or substituted after consultation with their rabbi.”

This Resolution raises the possibility of a Jewish identity irrespective of which parent was Jewish. However, this Resolution requires appropriate and timely acts of identification. In this instance, the father and mother have undertaken some rather vague steps toward Judaism. However, as they practice both Jewish and Christian tradition, these can not be considered as positive acts of identification. As neither parent is Jewish by any definition, and the child can not be considered a Jew and may not be buried with Jewish rites or in a Jewish cemetery.

We should do everything possible to help the family through this tragic period and comfort them in keeping with our long rabbinic tradition of aiding the comforting all those who need our help. If the parents wish to consider conversion to Judaism, they, of course, would be welcome. An act of formal conversion would be necessary before we could consider them as Jews.

January 1987