Is Christian Missionary Activity Illegal in Israel?

It is commonly claimed that missionary activity of any kind is illegal in Israel, but the mainstream media has explicitly denied this. This debate came into focus after a new law was proposed in the Israeli Knesset in early 2023 and sponsored by the ‘United Torah Judaism’ party which caused alarm and much comment from Christians around the world (1) and caused Israeli Prime Minister Benjamin Netanyahu to promptly intervene and expend precious political capital to kill it. (2)

In this he was also supported by an organized campaign from the jewish-owned mainstream media – likely designed to try and protect Israel’s all important tourism industry - which pronounced that the idea that Christian missionary activity in Israel was (and is) illegal as utter nonsense and suggested that Christians were (and are) free to convert jews in Israel if only they are able to convince them to do so.

For example, Hannah Hudnall claimed in ‘USA Today’ that:

‘The claim: It's illegal to openly preach Christianity in Israel

Our rating: False

It is legal to preach Christianity in Israel, where freedom of religion is guaranteed for all. Two lawmakers proposed a bill outlawing Christian proselytization in January, but it did not advance.’ (3)

This seems fair enough doesn’t it?

But yet Hudnall is predictably not giving her readers the whole truth but rather only a part of it.

This is indicated by an article by Lazar Berman in the ‘Times of Israel’ on 7th July 2023 when he noted that:

‘Only proselytizing to minors without their parents’ consent and offering religious conversions in exchange for a material gift are barred by Israeli law. But there is a widely held misconception that missionary activity in the country is illegal, and the government has at times seemed open to advancing that reputation. In its 2010 International Religious Freedom Report, the US State Department wrote that Israel has “taken a number of steps that encouraged the perception that proselytizing is against government policy,” such as detaining missionaries and citing “proselytism as a reason to deny student, work, and religious visa extensions.”’ (4)

In other words what Berman is saying is that the Israeli government is going out of its way to make ‘preaching Christianity in Israel’ illegal de facto while claiming that it is not illegal because it is ‘officially’ legal de jure.

Put in simpler terms: you can ‘preach Christianity in Israel’ but you will be prevented from the entering the country if you want to ‘preach Christianity in Israel’ so according to Hudnall you ‘can engage in missionary activity’ but yet… you can’t.

This is a classic Israeli (and jewish) tactic that has been going on for quite some time as Israeli lawyer Jordan Pex explains in an article for ‘Kehila News’:

‘Israeli border control officers have been known to deny entry to Christian and Messianic Jewish leaders who they suspect of missionary activity. According to a legal procedure published by the Ministry of Interior on July 20, 2017, potential visitors to Israel may be denied entry on the “suspicion of missionary activity.” This procedure is a slippery slope, as immigration officers at border control will likely have a broad interpretation of the term “missionary activity.”

Visitors who tell border control officers that they are on a “mission’s trip” or who are found carrying evangelistic material in their belongings may be questioned and subsequently denied entry. Also various Orthodox Jewish anti-missionary organizations sometimes inform the Ministry of Interior about individuals they request be denied entry to Israel. In the past foreign citizens already in Israel participating in an evangelistic campaign were detained by immigration police and deported from Israel. The legal reason for the deportation is the alleged “unlawful use” of a tourist visa.’ (5)

So put another way: Israel doesn’t forbid missionary activity in theory but in practice it does, and you will be deported by Israeli authorities if you engage in any suspected or actual ‘missionary activity’ while in Israel because ‘you are only on a tourist visa’ (so are in violation of the conditions of your entry visa) which is a sophistic way of making something illegal de facto while being legal de jure.

Pex goes into a lot more detail in an article on his legal practice’s website where he explains that while in theory:

‘‘Israel is a Jewish and Democratic State; therefore the laws reflect both the Jewish Rabbinical traditions, as well as obligation to international conventions and norms regarding human rights and freedoms. State agents such as the Courts and law enforcement authorities maintain the right of freedom of expression and freedom of religion for minority groups in Israel.

For example, the Magistrate Court in the Ornan case (1987) ruled that:

“The spread of opinions by way of distribution of flyers to passerby’s in public places deserves special recognition and protection of the court since it’s not only the cheapest method to spread opinions, but also since it’s sometimes the only way of expression for the weaker parts of society and citizens from lower social economic classes, who are without means to the mass media…”’ (6)

The reality is that is banned in practice in Israel because:

‘Questions regarding missionary activity in Israel usually arise in connection to Christian organizations, or messianic Jewish groups, such as Jews for Jesus. The reason is that these believers often see evangelism to the Jewish people in Israel as a fundamental part of expressing their faith.

In Israel it’s legal to express a person’s world view, including religious beliefs, even if they are not accepted by the majority of the public. The exception to this rule is what is known in Israel as the “Missionary Law”. The “law” is actually composed of two separate sections of the Israeli criminal code; the first, section 174 of the Penal Code – 1977, forbids a person to proselytize another to change his religion by means of material benefit. The second, section 368 of the Penal Code, forbids persuading or encouraging a minor (under the age of 18) to change his religion. This law also forbids to conduct any ceremony for a minor to change religion, without the consent of both parents.

It’s important to note that there have been cases where the police stopped and detained people who were accused of illegal missionary activity in Israel, but no one has been charged or sentenced according to these laws. Thus, the authorities’ anti-missionary activity is largely in the form of border controls by the immigration authorities and through the Ministry of Interior’s limitations on aliyah to missionary activists or those under suspicion of being involved in missionary activity in Israel.’ (7)

‘The Israeli border control immigration officers are authorized to approve or refuse entrance to Israel for foreign visitors who wish to enter Israel as tourists. The border control officials have a wide range of discretion when making the crucial decision to deny entry to Israel for a potential visitor. In July 2017 the Ministry of Interior published an updated list of reasons that may cause denial of entrance to Israel. The common reasons are suspicion of illegal immigration to Israel, or working without an Israeli work visa. Obviously also security concerns are a valid reason for refusal of entry to Israel. However, it’s important to note that also suspicion of missionary activity was placed for the first time on the list of reasons for refusal of entry to Israel.’ (8)

‘Visitors who enter Israel with a B-2 tourist visa usually receive an approval to stay in Israel for 3 months. However, in certain circumstances, even after entry to Israel, a tourist may find himself arrested by the Israel immigration police. Following the detention the visitor is brought before an immigration tribunal and handed an expulsion order out of Israel. Thereafter the immigration authority workers will proceed to fly this person back to their country as fast as possible. It has happened in the past that tourists visiting Israel have been expelled from Israel due to allegations regarding missionary activity. These cases usually involve the tourist participating in a public missionary campaign with a high profile organization. This activity may attract resistance from the local public and complaints to the police. Even though the allegations may be false, it’s extremely difficult to stop the expulsion process once it starts.’ (9)

So, to summarize once again: you will be deported by Israeli authorities if you engage in any suspected or actual ‘missionary activity’ while in Israel because ‘you are only on a tourist visa’ which is a sophistic way of making something illegal de facto while being legal de jure and this even applies to jewish converts to Christianity wishing to make Aliyah! (10)

So yes: Christian missionary activity is effectively illegal in Israel although it not technically illegal.

References

(1) https://www.timesofisrael.com/despite-pms-assurances-christian-zionists-bedeviled-by-anti-missionary-bill/; https://www.middleeastmonitor.com/20230322-christians-will-face-jail-in-israel-for-proselytising-under-proposed-bill/; https://www.middleeasteye.net/news/israel-palestine-christianity-proposed-bill-conversion-latest-target

(2) https://www.jpost.com/israel-news/politics-and-diplomacy/article-735162; https://apnews.com/article/israel-netanyahu-christians-evangelicals-proselytizing-217563437f499aec3d865e2f009ddac9

(3) https://www.usatoday.com/story/news/factcheck/2023/11/15/christian-preaching-not-outlawed-in-israel-fact-check/71384791007/

(4) https://www.timesofisrael.com/christians-worry-growing-protests-against-missionaries-will-soon-turn-bloody/

(5) https://news.kehila.org/israeli-law-allows-refusal-of-entry-to-israel-due-to-missionary-activity/

(6) https://lawoffice.org.il/en/missionary-activity-in-israel/

(7) Ibid.

(8) Ibid.

(9) Ibid.

(10) Ibid.