Tag Archives: Halacha

Why I Won’t Marry Two Non-Jews

For another perspective on this debate, read Rabbi Rebecca Sirbu’s post here.

Aside from the bigamy laws, I mean. (JK)

Recently, a rabbi was appointed to lead a Unitarian congregation. In a discussion about this appointment, I had mentioned that I could not lead a Unitarian congregation, or any other non-Jewish group, any more than I could officiate at the marriage of two non-Jews. I was surprised by the (small) flurry of questions about why, if there was no intermarriage, I would refrain from officiating at such a wedding.

I have many friends who are not Jews. I have attended – and even participated- and rejoiced at their weddings, as well as occasionally been asked for (and given) counsel, or attended other life events, as a friend. When I celebrate at a non-Jewish friend’s wedding, I am a guest experiencing their tradition (or lack thereof). Even if I offer a private blessing, it is the blessing of a friend, but from outside.

A rabbi, even by the broadest definition, is one who is a rav, a master, of Jewish tradition, whose role is to teach Jewish tradition, and model a Jewish life. I am expected to be a kli kodesh  – a holy vessel, at least to the best of my ability, and to do so means to have a particular way of being in the world.  My permission to teach and to lead comes from being invested in that tradition, it comes from the people of Israel, and from the Torah of Israel. Even though I share some, and often many, values with people in other traditions, we each have different ways of expressing those values, and of understanding them – and they are not interchangeable.

When I officiate at a wedding, I do so as one who has a particular view of what it means to get married, what the marriage means in terms of future Jewish life and aspirations, of particular spiritual valences as part of a whole Jewish life, joined to a Jewish community that is both horizontal – with other currently living Jews, vertical – with Jews who have passed on and have yet to be born, and of course, in a particular relationship with God.

When I officiate at the wedding of two Jews, I am seeing that they are joining themselves to one another according to the laws of Moses and Israel. Since the laws of Moses and Israel do not apply to non-Jews, I am unqualified to officiate.

In the Polish schools of Hassidut, several of the rebbes teach that to reach God, each individual has a personal spiritual task that they must complete. This is true for religions as well as individuals.  There are many values in the world, and  in different traditions, we are called to serve and fulfill a mission. And it is not the same mission. That mission is not for ourselves, but for God and for the world. If we don’t immerse ourselves deeply in our own tradition – and each of these traditions  are deep  in their own way- then we are not really going to be able to understand them, their goals, their values, their expressions. And we will not be able to carry out our purpose.

I can’t marry Christians (or Hindus, or Buddhists, or Muslims, etc) to one another, because to do so would be to assert that marriage means the same thing in all of our traditions – and it does not, and should not. 

Posted on January 29, 2014

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The reports of my death have been greatly exaggerated.

A number of recent essays have been swimming their way across the blogosphere and seem to have serendipitously swirled together. The Conservative movement, even at its largest and healthiest, has always been, like the Jewish people itself, overly worried about its imminent destruction, so when a young woman asks why men raised in an egalitarian setting, who like her, care about halakha, leave for Orthodoxy, when she cannot do so, when the Pew report seems to indicate shrinkage in the stable Jewish middle, when the once-dean of a Conservative rabbinical seminary writes the movement’s obituary, and when the smirky response to the woman asking how her friends could abandon her is responded to with the claim that it’s her own fault for daring to be equal, cause ya know, men can’t stand to have anyone be equal to them, it makes them expendable, one might expect a flurry of worry from the most worried of all Jewish movements. And there were.

Of course, there were also some very interesting discussions spawned from these articles ( by which, yes, I do mean to imply that I found most—except for the first of these—exercises silly). The one that I found myself most interested in was a discussion of  when we lost the idea of obligation, and how important it is to get it back. Not simply for the idea of halakha—but also in terms of obligations to one another, and to our communities, and to God—rather than the pursuit of happiness, that goal that seems to take up so much of Americans’ time, and yet be so fleeting.

And so I invited those people who, like me, are Conservative because we care about halakha, deeply and passionately, and we care about the idea of obligation, in all those ways, to have a conversation about how to revive it: To revive a sense of seriousness about halakha, about egalitarianism, and about obligation, together.

The Conservative movement is my home because these are all things that I cannot do without, and I’m ready to  find that core of people—whom I know are there, because I’ve met them and davenned with them, and eaten with them—so that the Conservative movement knows they’re there, too.And I invite you too. If you’re interested, leave a message for me and let’s start talking.

Posted on November 20, 2013

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Hillel and Shammai

Two weeks ago I posted a piece responding to some articles on patrilineality which provoked several excellent other blog posts and a lot of conversations. I deeply appreciate both the supportive and the critical responses, as a result of which I continue to examine and reexamine my approach to the matter.

Although after having done so, I remain convinced that the Conservative approach remains correct, halachicly speaking, I thought it might be interesting to present a sugiyah from the talmud in which the schools of Hillel and Shammai discuss a breach between them which could have led to their division from one another in a profound way, yet did not.

In the talmud Yevamot 14a (I’m using the Soncino translation) we read the response to a dispute involving who is permitted to marry whom. I’ve added comments in brackets to try to make it more understandable.

The talmud says,

Come and hear: THOUGH THESE FORBADE WHAT THE OTHERS PERMITTED … BEIT [The school of] SHAMMAI, NEVERTHELESS, DID NOT REFRAIN FROM MARRYING WOMEN FROM THE FAMILIES OF BEIT HILLEL, NOR DID BEIT HILLEL [REFRAIN FROM MARRYING WOMEN] FROM THE FAMILIES OF BEIT SHAMMAI. Now, if it be said that [Beit Hillel]  did not act [in accordance with their own view] one can well understand why THEY DID NOT REFRAIN [from intermarrying with one another] [Because this would mean that they both acted according to the same principles, but one school did so while acting contrary to the principles that they held].  If, however, it be said that [Beit Shamai]  did act [in accordance with their own view], why did they not refrain? That Beit Shammai did not refrain from marrying women from the families of Beth Hillel may well be justified because [the individuals in question] are the children of persons guilty only of the infringement of a [relatively minor prohibition, for which the punishment is also minor] but why did not Beit Hillel refrain from [marrying women from the families of] Beth Shammai [Because descendants from these marriages between rivals, which are permitted by Beit Shammai, are regarded by Beit Hillel as forbidden and involve a major penalty]? Such people,  surely, being children of persons who are guilty of an offense involving karet, are illegitimate [this causes a major problem - how can one marry into the family of someone if their status might be someone you are prohibited to marry, and which carries a major penalty for doing so if it turns out to be the case]!  And if it be suggested that Beit Hillel are of the opinion that the descendant of those who are guilty of an offence involving karet is not a [illegitimate],  surely, [it may be retorted], Rabbi Eleazar said: Although Beit Shammai and Beit Hillel are in disagreement on the questions of rivals, they concede that an illegitimate is only he who is descended from a marriage which is forbidden as incest and punishable with karet! Does not this then conclusively prove that [Beit Shammai]  did not act [in accordance with their own view]? — No; they  acted, indeed, [in accordance with their own view], but they informed  [Beit Hillel]  [of the existence of any such cases] and [Beit Hillel]  kept away.

So, we see that situations like these are not novel – we have always had a diversity of halachic opinions on matters that in their time were no doubt just as painful to those involved.  Yet, in the end, the two schools continued to marry one another – their solution, according to the talmud, being that they made clear, out of respect for one another,  who fell into or outside of their boundaries – but they remained one community, despite their differences.

 

On Yevamot 14b, the talmud concludes:

Come and hear: Although Beit Shammai and Beit Hillel are in disagreement on the
questions of rivals, sisters, an old bill of divorce, a doubtfully married woman, a woman whom her husband had divorced and who stayed with him over the night in an inn, money, valuables, a perutah and the value of a perutah, Beit Shammai did not, nevertheless, abstain from marrying women of the families of Beit Hillel, nor did Beit Hillel refrain from marrying those of Beit Shammai.
This is to teach you that they showed love and friendship towards one another, thus putting into practice the Scriptural text, “Love ye truth and peace.”

Discuss.

Posted on August 28, 2013

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Patrilineal Pandemonium: What’s Behind All The Emotion?

shutterstock_130477025Wow. It has been quite a busy week here at the Rabbis Without Borders blog discussing patrilineal descent and its implications. Rabbi Alana Suskin got the conversation rolling with a personal reflection on some of the struggles she faces as a Conservative rabbi when addressing status issues (marriage, divorce, and especially conversion) because of Reform Judaism’s decision to accept as Jews those whose father is Jewish but mother is not.

Rabbi Ben Greenberg responded that the Reform Movement’s decision to adopt patrilineal descent as a legitimate means of establishing Jewish identity was a strategic mistake because Reform Judaism failed to take into account the toll this decision would take on relations with non-Reform Jewry since Reform Jews do not exist in a vacuum.

Most recently, Rabbi Rachel Gurevitz posted a response in which she affirmed patrilineal descent as the right thing to do based on an egalitarian ethos, as well as the practical argument that individuals who consider themselves to be Jews, regardless of their conversion status, generally don’t care what rabbis think about their status.

All 3 rabbis have written eloquently and passionately in defense of their positions. And all three have generated a plethora of strident responses, many of which were constructive, in the comments to their posts. It is precisely this passion that I wish to address here. While I am not normally a “meta” person, it does seem worth exploring why the question of who is a Jew generates such vociferous reactions? At a time when all Jewish denominations are striving to increase Jewish engagement and affiliation, why are we so fixated on, and argumentative about, whom we ought to exclude from Judaism?

This debate sometimes has reminded me of the nastiness of the Birther Movement. For those of you fortunate enough to have missed it, the “Movement” sought to disprove President Obama’s citizenship during the 2008 national election by spreading rumors and innuendo about whether he was actually born in Hawaii, and was later revived by Donald Trump during his fleeting candidacy in 2012. And I have a feeling that should Senator Ted Cruz, the Tea Party darling of the moment, decide to run for President in 2016, liberals might mount their own birther challenge to the Canadian-born Cruz. What’s the link? Both patrilineality and birther-ism implicate questions of eligibility of inclusion within what is deemed to be a privileged group identity. And both generate not just passionate but vitriolic responses by those who seek to defend their positions on either side of the inclusion divide. But why?

My humble suggestion is that the reason for such sensitivity to the issue of patrilineality, as it was for the birthers, is that we see ourselves as gate-keepers to a tradition where, for the first time since Sinai, anyone can get a key. As Rabbi Gurevitz points out at the end of her piece, all rabbis who work at synagogues are gate-keepers. From Reform to Orthodox, we all have our particular limits for who is in and who is out. Indeed, no denomination is so egalitarian that a person without a Jewish mother or father, who has not converted, is welcomed as a Jew (though, God-willing, such individuals will be welcomed and treated with the dignity we should accord all people). But our role as gate-keepers has been eviscerated in an era where Judaism, along with the world, is now flat.

The floodgates have opened and we are adrift, searching for a lifeboat of control that just isn’t there. We are powerless to prevent non-Jews from adopting Jewish rituals, as the “bar mitzvah” of Madonna’s son recently proved. What’s more, Rabbis and learned laity no longer hold a monopoly on Torah (however we define Torah) because anyone with wifi and an electronic device can gain access to virtually the entire corpus of biblical and Rabbinic literature. Perhaps the scariest realization, for those of us who are rabbis, is that It is becoming less and less clear why the world needs rabbis for the propagation of Judaism.

I won’t presume to speak for my colleagues, but for me, this paradigm shift is dizzying and disorienting  As someone who enjoys the idea of broadening my borders, I often feel as though each time I “boldly” confront (and maybe even transcend) an halakhic, theological, or other border, some of the borders that remain quickly feel ossified and obsolete. It is like buying a Smartphone–the newest model, within a few months, simply becomes outdated.

So how do we handle this shift? Is there a way to address the meta issues without becoming embroiled in the contentious legal debate over who is a Jew? I certainly don’t have the answers (and I welcome your thoughts). But before we respond viscerally in our comments to the next post on patrilineality, I suggest that we start pointing the finger at ourselves, asking why it is that our feelings are so intense when it comes to questions of Jewish status.

Posted on August 20, 2013

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Patrilineal Jewish Descent: An Open Orthodox Approach

This week there has been much conversation online and offline on the Jewish status of people of patrilineal Jewish descent. My fellow Rabbis Without Borders alumna, Rabbi Alana Suskin, brought up the issue in an honest and compassionate article Wednesday that has garnered quite a lot of attention. I, too, have found this issue of status to be a vexing and complicated one.

Jewish denominations do not live in a vacuum. The actions of one movement can have profound impact on the collective Jewish community. Actions must be carefully weighed and considered. This is something that the broader Orthodox community refused to acknowledge for much of the early 20th-century American Jewish experience and is a mistake that I pray all movements from now on would seek to not repeat. Rabbi Shmuel Goldin, the immediate past PJewish-Star-and-questionmarkresident of the Rabbinical Council of America, in an eloquent, impassioned and moving speech to his Conservative colleagues at The Jewish Theological Seminary, stated it succinctly:

“The question before us is not simply whether we can learn to talk to each other—There is much more at stake. The real question is. “What role will we play, or not play, in shaping the story of the Jewish people at this critical juncture?” If we can’t get along, then we cannot make the kind of difference that we should.

I suppose that we could all react to this challenge in usual fashion, by blaming each other and saying, “Well, it’s really the fault of the Orthodox or the Conservative or the Reform.” After all, it’s always the ‘other’s’ fault. But the Torah teaches us otherwise, that, like the brothers, we are all at fault. If we allow this to go on, if we continue to move apart and do not find ways to act together, we will all be held culpable for the unfolding, potentially tragic fate of the American Jewish community.”

Rabbi Goldin urges us to see each other within the framework of brothers, as part of a global Jewish family that needs to work together. We can either all rise to the heights of incompetence together and bring severe havoc to our broad Jewish family or we can rise to the greatest of our potential, together, and usher in a new renaissance and flowering of Jewish life and vitality. That is our charge and our responsibility. The folks in the pews, and even more potently the folks who have long ago left the pews, are waiting for us to act maturely and cooperatively. If not now, when? If we wait too long, it may be very well too late.

It is within that backdrop that I approach the question of patrilineal descent. There are two strata of response to the question: 1. The responsibility of leadership and 2. The pastoral dimension. Both are important but it is important not to conflate them in a discussion of the issue.

Let me preface by saying that I have the utmost respect for my Reform colleagues. I grew up in the Reform movement and it is because of those formative years and the rabbis and educators that so profoundly impacted me that I became traditionally observant in my early teenage years and eventually an Orthodox rabbi. This is less to do with the individuals in the movement than the decisions movements as a whole make, in this case Reform, but in other cases other denominations.

The decision by the American Reform movement to adopt patrilineal status some thirty years ago was, in my opinion, a mistake. It was not primarily a mistake because of the outcome, that is actually the secondary issue, it was a mistake in process. Organizational experts and the best thinkers in community development have long taught that making decisions from a silo is not how to act strategically, it is how one acts tactically. It is a refusal to acknowledge the interconnectedness of movements, peoples and families; the weaving together that is the American Jewish story, and to act alone and unilaterally. It is to declare an austritt when the time has come for collaboration.

Marty Linsky, professor at the Kennedy School of Government and author of Leadership on the Line argues that leaders need to possess a “balcony perspective.” What is the big picture? Where do we want to head? How do we get there most successfully?

A balcony perspective would have shown that Reform Judaism does not exist on its own island and indeed no denomination is its own island. Reform Jews are married to Conservative Jews who are siblings with Orthodox Jews who are cousins with unaffiliated Jews. Reform Jews do not only mingle, socialize, date or marry other Reform Jews. The decision some thirty years ago was either predicated on the idea that all other movements will be coerced into going along or on the notion that Reform congregants will never need to run up against differing standards practiced by almost every other Jewish denomination and by Reform equivalent types of Judaism throughout the world. Both ideas were misguided and represented a failure of strategy.

In regards to the pastoral dimension, the situation must be handled with the greatest sensitivity and compassion. The standards of halakha as outlined by the Gemara, Rambam and the Shulchan Aruch must not be compromised in the pursuit of an expeditious conversion. Yet, nonetheless, a child of Jewish patrilineal lineage, must be respected greatly for their identification with the Jewish people, their love of Judaism and of Israel. I was inspired by a lecture by Rabbi Aryeh Klapper of the Center for Modern Torah Leadership several years ago where he insisted that people of patrilineal descent be referred to as Jews who need to rectify their status vies-a-vie Jewish law. In other words, to understand the modern dichotomy between Jewish affiliation and halakhic Jewish status, while upholding with full integrity the halakha and the legal process.

It is my hope that Jewish professional and lay leaders learn from the experience of patrilineal descent and come to do things better: to be more cooperative, more collaborative, to work strategically, to think from a balcony perspective. Unfortunately, examples like this exist in every movement and represent moments to grow from not just for the movement highlighted but for all of us. The time has come to envision ourselves, in the words of Rabbi Goldin, as brothers and to act as a family that seeks to live together in harmony and co-existence. Rabbis Without Borders represents a powerful model in that direction and, G-d willing, we will soon see it become the dominant paradigm of doing business in the Jewish community. We will all be better for it.

Posted on August 16, 2013

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The Non-Jewish Rabbi? The Problem of Patrilineal Descent

Tallit-man

Two articles posted earlier this week made reference to an individual  who had been born to a Jewish father and a non-Jewish mother, but had had an upbringing that compelled her to choose a Jewish path, ending in her ordination as a  Reform rabbi but - the articles implied (or stated outright in one case)—she did not convert to Judaism. As it turns out, both articles* were incorrect on this point, but what was interesting to me was the question that the articles raised with regard to the possibility of such a thing happening, and the responses to that.

Most people have reacted to this article in one of two ways: a sort of galloping schadenfreude — “haha! told you those Reformim were up to no good, they’re not really Jews at all!” (not to mention the general inability to distinguish between Reform Judaism and other kinds of non-Orthodox Judaism. I’m not sure they even know what Reconstructionists are) and on the other end of the spectrum an open rage that traditionalists don’t accept the children of a non-Jewish mother as Jewish, often coupled with the idea that this means those traditionalists are racist.

As a Conservative Jew, the movement to which I belong explicitly does not accept the Reform position of patrilineality. As a Conservative rabbi, I have bumped up against the enormously painful problems generated by the American Reform movement’s promotion of patrilineal descent, over and over again (American because outside the USA, patrilineality is not generally accepted, even in the Reform movements).

I understand how enormously painful this is to many people:  I understand that for many people, what I’m going to write will make them angry, and I accept that and offer my apologies in advance.

First of all, those who denounce the Orthodox and Yori Yanover (the author of the article in TheJewishPress.com) as racist, because they are opposed to patrilineal descent are wrong. I presume that some Orthodox, like some of every group, are racist, but it is not racist to maintain that before a person can be called a Jew, they should convert to Judaism, unless their mother is Jewish (which of course includes women who have converted to Judaism). Yanover, himself, says— and I believe him—

“In the shuls I attended on the Lower East Side of Manhattan, spotting an African or a Hispanic face was always such a source of pleasure. As a tiny nation and an even tinier religious group, we prize every gentile who embraces our faith and goes through the sometimes grueling process of becoming one of us.”

Putting aside the extremely problematic assumption that if they’re Hispanic or African, they’re obviously a convert, this isn’t rejection of someone from Judaism because of race.

As it happens, converting isn’t all that difficult, halakhicly (according to Jewish law) speaking. We can debate whether it’s a problem that different Orthodox sects won’t accept perfectly valid conversions from other sects or from Conservative rabbis, but the fact of the matter is that it’s basically a simple thing to do. But it is necessary.

If one wishes to become a doctor, it’s not enough to be the most fabulously gifted natural talent as a healer on earth. It’s not even enough to have done lots of home study. And it’s certainly not enough to be a doctor in your heart, or have a wonderful bedside manner, or to really love medicine, or to have someone call you “doctor.” In this country, you have to go to medical school, pass exams, do a residency and join a professional guild. Until then, you may be many things, you may even be a tremendous healer, but you are not a doctor. In other countries, the rules may be different. They may just be hoops, but you still have to jump through them.

Anyone who works as a non-Reform rabbi in the Jewish community runs up against the patrilineal descent problem all the time. And it is staggeringly painful for someone to hear that despite being dedicated to their faith and practice, it’s not enough. But it’s also something which is easy to fix – unlike, say, sexual orientation, which is a comparison I often hear (if “the Conservatives” can reinterpret how we deal with gay men, why can’t we change them for the children of Jewish fathers).

The answer is partly that Jewish law is fiercely stringent with regard to what we sometimes call “status issues:” Marriage, divorce, conversion. These are flashpoints for halakha, and they are flashpoints for successful continued existence as a people and a religion. They are also, unfortunately, matters which are deeply in the heart and desperately important.

But additionally, the Reform movement—however well meaning when it decided that either parent transmitted Judaism equally-—was not working from a halakhic framework.

I deeply admire and respect many Reform colleagues. I, myself, grew up Reform, and my parents belong to a Reform shul. Which is why I find this rift so enormously difficult. In my own family, I have had to reconvert family members who underwent Reform conversions because there was no mikvah (immersion in the ritual pool) involved in the conversion in order to be involved as a rabbi in their weddings. I have had to turn down the request of old family friends to be involved in their weddings because the future husband had been married before and refused to get a get – a Jewish writ of divorce. And I have had to tell people, people I love and care about, that if they cannot stomach the idea of completing the minimal requirements of a conversion, I cannot be involved in their wedding.

I find it extremely difficult to ask people whenever I am involved in a lifecycle event where status matters, “did you convert; did your mother convert; who did the conversion; what was the process…” and all the other questions that I have to ask. I hate having to tell some of those people that there is still a hoop they have to jump through if they want me to be involved.  I try to make it as painless as possible, but I understand exactly how painful it is when someone tells me their mother isn’t Jewish, but they have always thought that they were Jewish, and I understand that it feels insulting to them to ask them to convert. I am horrified that I now also have to track down who is the rabbi of a convert to find out if their rabbi was Jewish.

I never went by the theory that since some Reform rabbis don’t fulfill the requirements for conversion, one should consider Reform converts all to be invalid. I do not accept Yanover’s conclusion that  “we should remain steadfast in not calling any of these people and the nice things they do ‘Jewish’ in any way at all.” I always asked about the process and just went around filling in the missing pieces—if necessary. And if nothing was missing, then it was fine. I consider Reform Judaism to be Judaism, and Reform rabbi to be rabbis. But I am at a loss as to what to do when presented with the identity issues that are now extremely prevalent.

I have no idea what the answer to this problem is. But I will say, that when I do a conversion, as a Conservative, female rabbi, I always tell my students that if I do the conversion there will be problems with their status in other movements, and in Israel. And I always offer to make other arrangements for them—and explain what all the various problems that could arise are, and different ways that they could deal with some or all of them.

To me, it would be utterly dishonest and completely unethical for a person whom I taught to go out into the world not knowing that some people would not consider them Jewish, and that for various different reasons, circumstances could require them to convert again, and that it is not a judgement on them, and that they shouldn’t consider it an insult to me or to them if it should be necessary.

It is as essential a part of the conversion process, for me, to teach that, as it is to teach them the differences between the movements, to explain why I consider the movement to which I belong -in its theory, and its expectations, at least, even if not everyone fulfills those expectations- to be halakhic, to explain why even though lots of Jews who are born Jewish don’t observe halakha, I won’t finish the conversion process unless I see the student has a commitment to kashrut, shabbat, and other ritual observances as well as to joining a Jewish community and synagogue,a sense of peoplehood, and a Jewish idea of God.

And ultimately, I have to at least partially echo Yanover, in that I find it problematic to discount the halakha and the halakhic process as divine (I’m willing to debate in what ways). I find all of this terribly difficult, personally—I truly have no idea how to bridge the gap between a commitment to the view of Judaism as a divine mission with obligations, and not insulting people whom I care about very much. In fact, I’d love to hear from people who have found ways to do that very thing.

*Author’s correction: An earlier version of this article was posted by beginning with a link to articles about a Reform rabbi about whom incorrect information was cited. After two people whom I respect pointed out that  even having her name linked with this discussion was a form of lashon hara, I decided to remove that part of the article – and truthfully, she isn’t really relevant to the discussion, but was only a jumping off point.

I’m going to remove her name altogether, as well as the links to the articles with the incorrect information. I apologize to her for the original linkage.

Posted on August 14, 2013

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How can one make moral decisions?

200221760-001A few weeks ago, an acquaintance of mine gleefully forwarded a link to a study that asserted that atheists and agnostics are more motivated by empathy to help others than the religious are. Although this isn’t precisely news (similar reports were made nearly a year before based on three other studies), I wondered why my friend (and others who passed this around) were so pleased by the findings.

I suspect it is in part because our culture valorizes emotion, and in part because this cultural elevating of emotion leads people like my friend to think that less empathy is somehow not as good, that religion, if it is to do any good, must encourage people to be more empathetic.
But I disagree. I cannot speak for other faiths of course, but the sages of Judaism knew their business when they maintained that “a person who is commanded and does receives a greater reward than one who is not commanded and does” (B. Talmud, Bava Kama 87a).

We live in a society that considers personal choice to be the highest value. However, while choice can lead us to making good decisions, and is necessary for us to make moral choices in our interactions with others, more empathy isn’t necessarily better, and indeed it may well be that in terms of moral decision-making, especially moral decision making that involves long-term planning (such as environmental choices that involve personal discomfort over long periods) or large numbers of people – especially people we’ve never met, rule-bound and rational decision-making will lead us to far better decisions.

This week’s New Yorker has a wonderful article that reminds us that empathy works best when we are in one-to-one situations – humans tend to be motivated to feel for babies who fall down wells, children shot in schoolhouses or three women with compelling stories who survived years of torture by a sociopath. Yet our reactions, though well-meaning- to such tragedies may not be useful. We want to do something, and so we send food,clothing, toys – and the towns which don’t need these things are overwhelmed. We organize to send thousands of t-shirts to Africans – thus making a situation worse rather than better by undermining local textile economies with cheap junk, or pass laws that do the opposite of what we would wish to see. The New Yorker article offers these examples:

In 1987, Willie Horton, a convicted murderer who had been released on furlough from the Northeastern Correctional Center, in Massachusetts, raped a woman after beating and tying up her fiancé. The furlough program came to be seen as a humiliating mistake on the part of Governor Michael Dukakis, and was used against him by his opponents during his run for President, the following year. Yet the program may have reduced the likelihood of such incidents. In fact, a 1987 report found that the recidivism rate in Massachusetts dropped in the eleven years after the program was introduced, and that convicts who were furloughed before being released were less likely to go on to commit a crime than those who were not. The trouble is that you can’t point to individuals who weren’t raped, assaulted, or killed as a result of the program, just as you can’t point to a specific person whose life was spared because of vaccination.

or this

Newtown, in the wake of the Sandy Hook massacre, was inundated with so much charity that it became a burden. More than eight hundred volunteers were recruited to deal with the gifts that were sent to the city—all of which kept arriving despite earnest pleas from Newtown officials that charity be directed elsewhere. A vast warehouse was crammed with plush toys the townspeople had no use for; millions of dollars rolled in to this relatively affluent community. We felt their pain; we wanted to help. Meanwhile—just to begin a very long list—almost twenty million American children go to bed hungry each night, and the federal food-stamp program is facing budget cuts of almost twenty per cent. Many of the same kindly strangers who paid for Baby Jessica’s medical needs support cuts to state Medicaid programs—cuts that will affect millions. Perhaps fifty million Americans will be stricken next year by food-borne illness, yet budget reductions mean that the F.D.A. will be conducting two thousand fewer safety inspections

One of the reasons I find this tension compelling is that as a Conservative, female, rabbi, I spend a lot of my time negotiating the tension between halacha, Jewish law, and the need for Jewish societal change.

Halacha by its nature requires us to follow rules, but to be who I am, it’s also necessary to find empathy for people who traditionally have been excluded by tradition, to interpret laws in ways that makes the people more equal but also to interpret law without destroying it. Those laws are the framework by which we measure moral judgements, they should be the framework through which we, as Jews, see the world. Empathy, while important, is not, cannot, and should not be, the only driving force behind a moral decision. I am thankful that the rabbis also valued svara- logical reasoning- as a means of interpretation. But even reason alone is not pure – all of us are living like fish in the water, unable to see the rules and assumptions that go to making up our world, and making decisions based upon those assumptions without even recognizing them as social constructs. Reason thinks it is unaffected by these structures, but the reality is that reason itself is affected by emotion.
There is ultimately no escaping our frameworks – the best we can do is to try to balance them. And what that means is that being human, and being a good Jew, will always mean vastly divergent views on what God demands of us, and how we are to fulfill those demands. But while we are not require to finish the task, neither will we ever be free from struggling with it. And juggling all the parts of our human selves that make it difficult – and make it worthwhile.

Posted on May 22, 2013

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The Torah of second chances

Back Camera A couple of years ago, after several years of trying to get all the way through the counting of the Omer, I built an Omer-counter with a foolproof reminder system – my son.  It’s based on the Christian advent calendar in that  it’s a series of forty-nine boxes (seven rows of seven) which  has randomly placed toys inside the boxes. NO more forgetting to count in the evening! Every night, I have an excellent reminder, and so I do not lose my chance to say the blessing when I count, or worse yet, forget altogether and have to quit counting for the year.

Back CameraIt’s a yearly frustration for lots of people who try to keep up with the Omer – it’s easy to screw it up and lose track, and according to the tradition, if you mess up, well, hey tough. You’re out of luck.

That’s why it’s odd that about a month into the Omer (today, in fact) there’s a little known holiday that’s about  …second chances.  Pesach sheni ( or “second passover”) is a biblically based holiday that happens because, as is related in Numbers chapter 9, when God commands the Israelites, a year after the exodus,  to bring the passover offering, there were certain people who had become ritually impure through contact with a dead body, and so, could not prepare the Passover offering on that day.

They approached Moses and Aaron and said, “We are unclean by the dead body of a man; wherefore are we to be kept back, so as not to bring the offering of God in its appointed season among the children of Israel?” (Numbers 9:7).  After these people approached Moses and Aaron, God tells them that from then on, if anyone is ritually impure on passover, or is unable to keep passover for some other reason beyond their control, “he shall keep the passover unto God in the second month on the fourteenth day at dusk they shall keep it; they shall eat it with unleavened bread and bitter herbs.” (Numbers 9:11)

Pesach sheni is a strange holiday. We don’t really observe it – mostly because  there isn’t really anything to observe  – there’s no requirements, since we no longer bring sacrifices. And yet, it’s sort of a shame. Here we are, in the midst of a period where every day counts, where there are no second chances, where you have to get it exactly right, or you lose your chance (at least until next year), and there’s this holiday that interrupts it for the purpose of giving a second chance for a holiday that occurred a month prior – and not only that, but it’s the only holiday we have the sole purpose of which is to make up for a holiday that someone missed out on.

What is that all about?

Rabbi Yosef Y. Schneersohn is cited by his son-in-law as saying that, “Pesach Sheni teaches us that ‘Nothing is ever lost: it’s never too late!”  and then the latter Schneersohn goes on to say, “Our conduct can always be rectified. Even someone who is impure, who was far away and even desired to be so, can still correct himself.” He continues, “Given the significance of Pesach Sheni, one might ask: Why was it instituted a full month after Pesach, in the month of Iyar? Wouldn’t it have been better to atone for our deficiencies at the earliest opportunity, in Nissan?”

“We can answer this question by comparing the spiritual characteristics of Nissan and Iyar. Nissan is the month of revelation, the month during which God revealed His greatness and redeemed the Jewish people despite their inadequacies. Iyar, by contrast, is the month of individual endeavor, a quality that is exemplified by the mitzvah of Sefirat HaOmer. The theme of Iyar, self-refinement initiated by the individual himself, is in keeping with the nature of Pesach Sheni, the festival in which an individual who was not motivated by Pesach is given an additional opportunity to elevate himself.”

So, two things:

First, the key to pesach sheni is precisely that it does occur a month later, during the Omer. Unlike the first Pesach, which is a national holiday, Pesach sheni is an individual’s holiday. The second thing is the way in which Pesach sheni came about – unlike well, pretty much everything else in the Torah, it isn’t initiated by God, given to Moses and Aaron and then passed on  to the people. Instead, Pesach sheni is initiated by the people themselves, by a group of individuals. In fact, I know of really only one other case like this one: the daughters of Tzelophechad (which also appears in the book of Numbers, farther along, in Numbers 27), who challenged a law of inheritance whereby only sons could inherit, even if there weren’t any. They  brought their challenge and God told Moses that they were right and amended the law.

I think that that parallel to the daughters of Tzelophechad is the key to why this is the only holiday that is a “make-up” for another holiday.  It’s not just that it’s a group of individuals who want a make-up. It’s that  these individuals saw a specific wrong that they wanted addressed, and they wanted it addressed for the sake of justice to individuals who have no control over being excluded from the nation.  In the case of Tzelophechad’s daughters,  the case is their sex; in the case of pesach sheni, it’s because they were doing another mitzvah ( caring for the dead). But the important thing is that  these two cases  are things which exclude them from the body of the nation in some crucial way. It is because of this that they  take their complaint to God, and God answers them, “Of course, you are right.”

IN recent days, when we have seen so much change so quickly  both in the Jewish community and out of it in regards to gay marriage and inclusion, this is a message that we should all take to heart. Pesach sheni isn’t merely a second chance for the individuals who were excluded, but is a second chance for the nation to include in its inheritance and in its moment of revelation everyone who throws their lot in with the Jewish people. Because even God can make a mistake, and even God can admit it and rectify it.

 

Posted on April 24, 2013

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Mr. Prime Minister, Tear Down This Wall!

In June 1975, I was getting ready to leave Israel after a year of study. I bumped into a friend and told her I was leaving early the next morning and that I would visit the Kotel one last time. She asked me: “Have you felt it?” “You mean you haven’t felt it either?” I replied, relieved that I was not the only person who had no spiritual experience at the Kotel.

It was always fun to go, meet friends there, occasionally dance Friday evenings with the Yeshivat HaKotel guys, but it never carried for me any religious meaning. Now when I visit Israel, I rarely go the Kotel.

In the wake of the latest incident with Women of the Wall and the awful treatment of the police of Anat Hoffman, Facebook and the like are filled with anger, petitions, pre-State pictures of the Kotel where men and women are together, and videos of flash prayer mobs and the like. What has become a sacred moment for some has turned into a political football. How do I react to all this as an Orthodox rabbi?

The Kotel has become a sacred space and it is not just a tourist site. It is now an Orthodox shul. While it is legitimate to have security there, the passing of state laws defining proper religious behavior results in acts that do not preserve the sanctity, but defile it. Halacha can make room for women wearing a tallit and carrying a Torah on the women’s side of the Kotel. There is nothing inherently wrong with these practices except that they are new in practice. Forcing women to wear a tallit as a scarf is degrading not only to the women, but to the tallit itself. Forcibly removing a Torah from a woman by the police is a desecration. A rabbi of the Kotel should be asking how the Kotel can be a place that embraces Jews and does not reject them. How can halacha be maintained without shutting out others.

There are halachic issues with Women’s Torah readings, and while some might make a case for their permissibility, the communal/public nature makes it far more controversial. Doing them at the Kotel Plaza would not be an act that embraces Jews, but causes needless strife. Robinson’s Arch is a fair compromise here for this to occur and my sense is all agree to this. We should find a way that acknowledges we cannot pray together, but can stand together at least some of the time.

There is a wall that needs to be torn down here. It is not the Kotel, but a wall that has been built by the state defining religious practice and giving political power to religious authorities who seek to disenfranchise Jews. It is time that wall was torn down and new models replace it.

Posted on October 25, 2012

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There Are Places I Remember…..

An Orthodox rabbinic colleague Rabbi Zev Farber recently posted on Morethodoxy a piece on the experience of place women have in Orthodox synagogues.  He concludes his post with: “Rather my aim here is the underlying message that our synagogues are sending to women. We all want to remain true to halakhah and create a synagogue environment where men and women thrive, but I fear that without addressing the underlying message of women not really being in the room, instead of creating a home for all Jews, we are creating a men’s club.”

In response to this, I posted a comment to him “While I share the sentiments here, I am wondering why Rabbi Farber has written what is essentially a thirty or forty year old dated post, including the Flintstone and Ozick references. My fifty two year old wife would vigorously nod in agreement and my age seventeen and twenty seven daughters’ eyes would glaze over and say deal with it”.  (My twenty four year old is a less frequent synagogue attendee, but the one she attends less frequently would be Orthodox.)

It is interesting where we draw our lines in the sand. My daughters would never put up with being denied equal access to Jewish text, but are more at peace with ritual inequality or difference.  They do not harbor a secret desire to put on tefillen.  As my daughter put it “Why would I? Nobody in my community does”.

I am left to wonder why this is the case. What changed between my wife’s generation and my daughters’?  I think part of the answer is that my daughters are the beneficiaries of those women and men who came before them and fought the battles, created the learning environments and opened up the doors of the Beit Midrash.  What is striking is that the ritual practices per se are not the issue.  The fact that their voices can now be heard appears to be critical.  They are not silent but engaged participants in the debates of Jewish life. If they are not bothered by not being able to read Torah, it is because their voices can still be heard in the Beit Midrash actively engaging our sacred texts.

In a different vein, but I think not unrelated, I see a liberal approach to social issues. On the one hand they are committed to Taharat Hamishpacha (family purity laws) and there was no question my daughter would cover her hair after her wedding. However my sense is that on issues confronting their gay friends, my daughters simply want their friends to be happy in whatever relationship they are in.  

In acquiring a voice and becoming active learners, these young Orthodox women are at peace with their place in the synagogue.  They love the best of the Orthodox community, but they retain their moral voice.  As committed to halakhah as they are, they retain their sovereign self.

Posted on May 10, 2012

Note: The opinions expressed here are the personal views of the author. All comments on MyJewishLearning are moderated. Any comment that is offensive or inappropriate will be removed. Privacy Policy

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