God vs. government.

Byline: The Register-Guard

For Israel's Orthodox Jews, Prime Minister Ariel Sharon's order to evacuate the settlements in Gaza creates an excruciating conflict between state law and religious law. If the soul of Israel's democracy is to survive, state law must prevail.

The religious passion that infuses the settlement movement transcends politics and for many goes to the heart of what it means to be a Jew. Within Judaism's holy Torah, the biblical "Land of Israel" is promised to the Jews by God.

The West Bank and Gaza Strip are included within the Land of Israel, and settlers often refer to them by their biblical names - Judea and Samaria. Jewish settlers claim a manifest destiny entitlement to live anywhere within Judea and Samaria.

In a dilemma familiar to Muslims, Christians and practitioners of other faiths, Jews have been given different - and often conflicting - guidance from their religious authorities about how to respond to Sharon's evacuation order. Some rabbis state unequivocally that it is forbidden to give away sovereignty over the Land of Israel. Other rabbis say circumstances exist where it is appropriate to relinquish control of the sacred land. There is some agreement that ceding control of the land may be permissible if it would guarantee the preservation of Jewish lives.

One of the most influential arbiters of Jewish law in Israel, former Sephardi Chief Rabbi Ovadia Yosef, has publicly come out in opposition to the government's plan, calling it a "matter of life and death." Another prominent religious scholar, former Chief Rabbi Avraham Shapira, issued a ruling declaring the disengagement an unforgivable violation of Jewish law.

"This prohibition applies to every Jew, soldier and civilian alike," Shapira said. "An order to take part in the evacuation of Jews from their homes in order to give over the land to non-Jews is an order that is against the religion of our holy Torah and forbidden to fulfil. Anyone who violates this prohibition will not be exonerated, not in this world and not in the world to come."

Other rabbis disagree strongly with Rabbi Shapira's militant stance. Dr. Chaim Milikowsky, head of the Talmud department at Tel Aviv's Bar Ilan University, told the BBC that Judaism's most respected rabbis have said it's impossible to flatly declare that giving up the Land of Israel is forbidden. Anyone who does so is manipulating Jewish law for political reasons, Milikowsky said.

Though the theological debate is compelling and significant for all Jews, the portion of Israel's population directly affected is very small. The most important issue, often obscured by the passionate religious disagreement, is the signal an orderly settlement evacuation would send the world about the health of Israel's democracy.

Though undeniably and proudly Jewish, Israel is not a theocracy but a secular representative democracy. It is a pluralistic society that includes Muslim Arab citizens, Christians and members of many other faiths. Israelis have an opportunity to show Palestinians, Iraqis and Americans how a devoutly religious nation allows the democratic process to take precedence when people of good will and strong faith disagree. It is an example the world urgently needs, right now.