Tag Archives: Halacha

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

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Sacred Snacking

It is very hard after the seder to get excited about the last days of Passover. Seven/eight days of eating matzoh! Once we have focused so much on the drama of redemption of the seder, there is little left to focus on other than food. For some the seder was a time to reflect on personal moments of redemption, for others a vision of social justice was discussed, for others the historical background was of interest and for many perhaps multiple themes were explored. However, how much reflection really happens during the rest of Passover? There is no ritual that sets such a dramatic stage as the seder. The story has already been told. All we are really left with is more matzoh to eat.

The Sefat Emet suggests that this very well might be the point. He reminds us that the Garden of Eden was all about food, the first sin was one of eating, and with our banishment from Eden we were told in Genesis 3: 17-19

“And to man He said, “Because you listened to your wife, and you ate from the tree from which I commanded you saying, ‘You shall not eat of it,’ cursed be the ground for your sake; with toil shall you eat of it all the days of your life. And it will cause thorns and thistles to grow for you, and you shall eat the herbs of the field. With the sweat of your face you shall eat bread, until you return to the ground, for you were taken therefrom, for dust you are, and to dust you will return.”

For the Sefat Emet, Passover is the holiday that transforms this eating from one of toil to one of blessing. Passover is about eating because it makes eating sacred. Redemption from Egypt undoes the curse of Eden and transforms it into blessing. He quotes Deuteronomy 16:3

“You shall not eat leaven with it; for seven days you shall eat with it matzoth, the bread of affliction, for in haste you went out of the land of Egypt, so that you shall remember the day when you went out of the land of Egypt all the days of your life.”

In Genesis we are told “cursed be the ground for your sake; with toil shall you eat of it (bread) all the days of your life“. Eating each day is a reminder of our exile from Paradise and our fundamental conflict and struggle with nature. However after the Exodus, our consuming of matzoh is now to be remembered “all the days of your life.”

Our eating is transformed from a tragic repercussion of sin into a sacred memory of hope and possibility. Our eating becomes not a sign of alienation but one of relationship to God and command/mitzvah. We will still toil and the production of food will still be complex. What has changed is our perception of the work. What was once a story of rejection by God is now the story of freedom and meaning. “Let all who are hungry, come and eat.”

Posted on April 11, 2012

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Some Purim Torah

Those of us who fall under the general rubric of “believers” may feel a sense of God’s presence in our lives at most, if not every moment, and others may find God hidden or seemingly absent much of the time.  This experience of God’s absence probably goes back to time eternal and the Bible records how our ancestors confronted it.  Much has been written, and much will be written as people of deep faith continue to face this question.

One of the much discussed themes of Purim is this hiddenness of God in the Book of Esther. I will not attempt to add anything new to this theological concern, except to point out something that emerges from the mitzvot/practices of Purim.

After describing the mitzvot of Purim which include reading the Megillah, giving gifts to the poor, gifts of food one to another and have a festive meal, Maimonides (Mishneh Torah Laws of Megillah 2:17) adds:

“It is preferable to spend more on gifts to the poor than on the Purim meal or on presents to friends. For no joy is greater or more glorious than the joy of gladdening the hearts of the poor, the orphans, the widows, and the strangers. Indeed, he who causes the hearts of these unfortunates to rejoice emulates the Divine Presence, of whom Scripture says, “to revive the spirit of the humble, and to revive the heart of the contrite ones” (Is. 57:15)”

Maimonides reminds us that while all the mitzvot of Purim are binding, gifts to the poor should be of greatest importance. What is striking is his use of the idea that to support the poor is an expression of imitating God. This is a theme expressed in a number of areas by Maimonides (see my previous post Hysteron Proteron for one example).  While Jewish law has its specific applications in all areas, we who follow the law should also be a certain type of religious personality whose goal is to lead a life in imitation of the Divine. Thus when I come to Purim, I must observe all its practices. The serious religious personality who understands that they must be seeking to emulate God, will pursue supporting the poor to a greater extent than the other mitzvot.  

While I have no illusion that Maimonides intended this, supporting the poor on Purim (and any other time as well) is a way of addressing the problem of God’s apparent absence. On Purim I “emulate the Divine Presence, of whom Scripture says, “to revive the spirit of the humble, and to revive the heart of the contrite ones”.  While God’s absence may and perhaps should bother us theologically, it in no way can hamper us morally and ethically.  I must always act as if I am in God’s presence, seeking to emulate all that God does.

Posted on March 1, 2012

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Hysteron Proteron

And Moses read the Book of the Covenant to the people and they said “All that God has commanded we will heed and do! (Exodus 24:7)

Jewish tradition takes pride in these words, we will do and heed-na’aseh v’nishmah and one Talmudic passage even have God wondering who revealed this great secret, these words to the Jewish People. The context of course is Sinai and these words are seen as the great acceptance of Torah. The technical term for these words is hysteron proteron, “latter before” where the first term actually occurs after the second term, for example, put on your shoes and socks, but is placed first to emphasize its importance. Israel commits herself at Sinai to the totality of practice, even without necessarily knowing the extent of the laws.

Rabbi Sholom Noach Berezovsky, author of the Netivot Shalom, offers an additional reading of these words. He sees na’aseh as a commitment to do God’s will, even in the absence of specific details or legal injuctions. While fully faithful to traditional Jewish practice as legally binding, Berezovsky still understands that even in the most strict attention to observance, one must ask am I doing God’s will. While one could use this idea in an antinomian direction, for Berezovsky the question might be as I observe a particular practice, am I doing it in a way pleasing to God and one that really reflects the will of the Divine?

One of the best examples where this insight can be seen is in the case of Maimonides. In his legal work, he discusses the laws of slavery. While many would initially recoil from imagining that such laws should play a role in our tradition, nonetheless they are firmly rooted in Biblical practice. While the laws associated with Jewish slaves serve as a way for a slave to pay off enormous debt, Jews were permitted to own non-Jewish slaves. Even while acknowledging this, and codifying it, Maimonides says as follows:

It is permissible to have a Canaanite slave perform excruciating labor. Although this is the law, the attribute of piety and the way of wisdom is for a person to be merciful and to pursue justice, not to make his slaves carry a heavy yoke, nor cause them distress. He should allow them to partake of all the food and drink he serves. This was the practice of the Sages of the first generations who would give their slaves from every dish of which they themselves would partake. And they would provide food for their animals and slaves before partaking of their own meals. And so, it is written Psalms 123:2: “As the eyes of slaves to their master’s hand, and like the eyes of a maid-servant to her mistress’ hand, so are our eyes to God.”

Similarly, we should not embarrass a slave by our deeds or with words, for the Torah prescribed that they perform service, not that they be humiliated. Nor should one shout or vent anger upon them extensively. Instead, one should speak to them gently, and listen to their claims. This is explicitly stated with regard to the positive paths of Job for which he was praised Job 31:13, 15: “Have I ever shunned justice for my slave and maid-servant when they quarreled with me…. Did not He who made me in the belly make him? Was it not the One who prepared us in the womb?”

Cruelty and arrogance are found only among idol-worshipping gentiles. By contrast, the descendants of Abraham our patriarch, i.e., the Jews whom the Holy One, blessed be He, granted the goodness of the Torah and commanded to observe righteous statutes and judgments, are merciful to all.

And similarly, with regard to the attributes of the Holy One, blessed be He, which He commanded us to emulate, it is written Psalms 145:9: “His mercies are upon all of His works.” And whoever shows mercy to others will have mercy shown to him, as implied by Deuteronomy 13:18: “He will show you mercy, and be merciful upon you and multiply you.”

In effect what Maimonides has done here is to be honest with what exists within Jewish tradition in a specific case and then asked what really the will of God should be in this case. Looking at the tradition as a whole, Maimonides transform the question of what is permissible or forbidden to rather one of how does my behavior best reflect God’s will. For Maimonides it is to emulate God’s practice of mercy which effectively undoes what one is theoretically permitted to do. The righteous statutes and judgments, our commandments, must lead us to be merciful in all our actions.

This being the case, then we can suggest na’aseh v’nishmah is not a revolutionary call, but rather one of evolutionary development. It seeks to move us in a direction that does not undermine past practice as primitive or lacking authority, but rather pushes us to ask the broader religious question. It is not a commitment only to mechanical practice, but to a deep moral conscious behavior.

Posted on February 16, 2012

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Silence and Slavery

My daughter sings in the choir at her Jewish high school.  Only her mother can attend the annual concert. I am not allowed to attend as this would violate “kol isha” hearing the voice of a woman sing. While the school certainly allows my daughter to sing, out of modesty it cannot take place in front of men.

In many Hasidic sources, based on a Zohar passage, the Exodus from Egypt is viewed as the movement from silence to speech. Pharaoh’s oppression of the Israelites was so intense that initially the people could not even respond to God and Moses’s call of redemption. They lacked the strength to simply listen to Moses.  The Exodus became the restoration of the authentic Jewish voice to the People, for at Sinai they spoke loud and clear as one to accept the Torah. Moses who in Egypt complained he cannot speak well gained a full voice at Sinai and for the rest of his life. It is no accident that our annual retelling of the Exodus story at Passover is such an important verbal activity. It is precisely though telling and talking that we show we are free of the oppression from Egypt. What emerges from this is that to give someone voice is to liberate them and to suppress voice is to enslave them.

In an American context this can certainly resonate with our concern for free speech. While Jewish tradition has many laws concerning proper speech and would recoil from the repugnant nature of much of what passes today as protected free speech, nonetheless one should be very hesitant to suppress someone’s voice because that borders on enslaving them. At the same time, there is much American society could learn from the ethics of speech that plays a role in Jewish tradition.

As an Orthodox rabbi, I have followed as many have, the issues of “kol isha” hearing a women’s voice that have played out both in a singing context and even women not being allowed to present at a medical conference in Israel recently sponsored by a very important organization Puah which works on issues in fertility. While this is not the place to enter into the legal arguments, there is an underlying tension being played out between traditional understandings of modesty, unfortunately and incorrectly placed as a burden/responsibility on women, and an open society where women are full participants in the public square. At least one leading rabbi has argued for a more open understanding of this issue, but what I have seen lacking is this viewing of suppressing women’s voices as an act of oppression. It returns the woman to a form of slavery and the silencer to a type of Pharaoh. However this will play itself out in Israel and in America, this imperative of giving voice to people must begin to enter into the discussion, even as the community wrestles with the imperative of modesty.

Posted on January 19, 2012

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