Min haMuvhar

   One of the great writers of the 20th century, a Holocaust survivor, was Primo Levi (July 31,1919-April 11,1987). In his book, Other Peoples’ Trades, he reminisces about his childhood home in Turin, Italy. In his nostalgic description, he remembers how his father would enter the house and put his umbrella or cane in a receptacle near the front door. In providing other details of the entrance way to the house, Levi mentions that for many years “there hung from a nail a large key whose purpose everyone had forgotten but which nobody dared throw away” (p. 13).

     Haven’t we all had keys like that? Haven’t we all faced the mystery of an unknown key! What door will it open? What treasures will it unlock? We do not know where the key fits…but we are reluctant to toss it out. We suspect that if we did discard the key, we would later discover its use; we would then need it but no longer have it!

     The key might be viewed as a parable to life. It is a gateway to our past, our childhood homes, our families, our old schools, old friends. Over the years, we have forgotten a lot…but we also remember a lot. We dare not throw away the key that opens up our memories, even if we are not always certain where those memories will lead us.

     Primo Levi’s memories led to a happy childhood in a solidly secular Italian Jewish family. He was a bright child, an avid reader, and by his early teens he developed a keen interest in chemistry. In 1937 he entered the University of Turin. But in 1938, fascist laws went into place that prohibited Jews from being educated in state-sponsored schools. Since he had already been enrolled, he was exempt from the new laws, but still felt the impact of being a pariah Jew in a fascist state. Remembering that strange time, Levi wrote: “My Christian classmates were civil people; none of them, nor any of the teachers, had directed at me a hostile word or gesture, but I could feel them withdraw and, following an ancient pattern, I withdrew as well; every look exchanged between me and them was accompanied by a miniscule but perceptible flash of mistrust and suspicion” (The Periodic Table, p. 40).

     He was able to complete his studies and graduated with honors in chemistry in 1941. His diploma noted that he was “of Jewish race” and this, of course, made it very difficult for him to find employment. Levi’s father died in 1942. His mother and sister went into hiding at a home in the nearby hills, in order to avoid persecution.

     In 1943, Levi and family fled to northern Italy, and he joined an Italian resistance group. He and his group were arrested by Fascist forces later that year, and Levi was sent to an Italian prison camp in January 1944. The next month, he was deported to Auschwitz and branded with the number 174517. Because he was a chemist, he was put to work in a rubber factory, and thus was spared from immediate execution by the Nazis. When Auschwitz was liberated in January 1945, Levi journeyed back home to Turin. Of the more than 7,000 Italian Jews who had been deported to concentration camps during the war, Levi was one of fewer than 700 who survived.

     Back in Turin, he was employed in a paint factory. But his experiences in Auschwitz drove him to tell his story, and he began to write. His first book, If This Is a Man (later published as Survival in Auschwitz), was published in October 1947, but reached only a small audience.

     He married, continued his work as a chemist…and continued to write his memoirs, poetry, short stories and fiction. In 1975, he published The Periodic Table, a collection of autobiographical stories, each one using a chemical element as a starting point. By 1977, he retired from the paint factory and devoted his full time to writing, becoming one of the most famous authors in Italy. When the first American edition of The Periodic Table was published in 1984, it was hailed as a masterpiece by Saul Bellow and many literary critics. Levi went on to publish many other important works, and he gained international prominence for his work.

      He died on April 11, 1987, and his body was found by the concierge of his apartment building at the bottom of the stairwell. The death was ruled a suicide, although others have maintained that Levi had an accidental fall. Was he a belated victim of Auschwitz?

     Primo Levi quoted Jean Amery, an Austrian philosopher who was tortured by the Gestapo because he was active in the Belgian resistance, and was deported to Auschwitz because he was Jewish: “Anyone who has been tortured remains tortured….Anyone who has suffered torture never again will be able to be at ease in the world, the abomination of the annihilation is never extinguished. Faith in humanity, already cracked by the first slap in the face, then demolished by torture, is never acquired again” (The Drowned and the Saved, p. 15).

     Primo Levi understood personally what it meant to be isolated, tortured, dehumanized. And he wrote at length about the Holocaust. But somehow, he retained within himself a calm and wise humaneness. “I must admit that if I had in front of me one of our persecutors of those days, certain known faces, certain old lies, I would be tempted to hate, and with violence too; but exactly because I am not a Fascist or a Nazi, I refuse to give way to this temptation. I believe in reason and in discussion as supreme instruments of progress, and therefore I repress hatred even within myself: I prefer justice” (If This is a Man, p. 457).  He prided himself on his reason. In an interview, he stated: “I hardly ever lose control. Hatred per se, as I’ve written and as I ask again here, what end does it serve? It gets confused with a desire for justice, but they are two different things….I said that paradoxically I am sometimes ashamed not to be able to hate, but in fact I’m quite happy not to” (The Voice of Memory, p. 145).

     Although he overcame feelings of hatred, the experience of the Holocaust left lasting scars. It demonstrated that people can act without reason. Leaders can lie and be applauded for their lies. Tyrants can order senseless massacres of innocent people…and be obeyed. Levi thought that “if you look at recent history, you cannot but feel confusion in the face of slaughter for its own sake, with no private or collective purpose, triggered only by a form of zoological or biological hatred and, what is more, a hatred acclaimed, inculcated and praised as such” (Ibid., p. 180). The Holocaust demonstrates the depths of perversity of which humanity is capable. Tyranny, oppression, hatred…they all lead in one direction. “In every part of the world, wherever you begin by denying the fundamental liberties of mankind, and equality among people, you move towards the concentration camp system, and it is a road on which it is difficult to halt” (If This is a Man, p. 469).

     Primo Levi translated Kafka’s The Trial into Italian, and found the experience painful. “I fell ill doing it. I finished the translation in a deep depression that lasted six months. It’s a pathogenic book. Like an onion, one layer after another. Each of us could be tried and condemned and executed, without ever knowing why. It was as if it predicted the time when it was a crime simply to be a Jew” (The Voice of Memory, p. 10). Levi identified personally with Josef K. “The Trial opens with a surprise and unjustified arrest and my career, too, opened with a surprise and unjustified arrest. Kafka is an author I admire—I do not love him, I admire him, I fear him, like a great machine that crashes in on you, like the prophet who tells you the day you will die” (Ibid., p.156). Kafka intuited that violence comes from bureaucracy…and that modern society was becoming increasingly controlled by impersonal—dangerous—bureaucracies. Kafka “understands the world (his, and even better ours of today) with a clairvoyance that astonishes and wounds like a too intense light” (The Mirror Maker, p. 107).

     Primo Levi, like Kafka, wrote with perception and clairvoyance. But unlike Kafka, he offered a calm wisdom that offered a glimmer of hope for troubled humanity.

                                           *     *     *

          Primo Levi identified as a Jew but claimed not to be religious at all. “I envy believers, all believers. But I cannot do anything about it. Faith is something you either have or you don’t” (The Voice of Memory, p. 273). He did not have faith in God. His faith in humanity was certainly shaky. He was a scientist who placed high value on reason and careful observation. He suggested that people learn from the tragedies of the past and from the evils of Fascism and Nazism. If only people, especially leaders, could be more scientific, more reasonable, more careful in their plans.

      He wished that we would all live like chess players, “meditating before moving, even though knowing that the time allowed for each move is limited; remembering that every move of ours provokes another by the opponent, difficult but not impossible to foresee; and paying for wrong moves” (The Periodic Table, p. 146).

          Alas, not all human beings live like chess players who carefully think about the consequences of their thoughts and actions. But Primo Levi pointed humanity in the right direction. We can still avoid check mate.

References

The Drowned and the Saved, Simon and Schuster, New York, 1986.

If Not Now, When? Penguin Books, New York, 1985.

If This is a Man, Everyman’s Library, London, 2000.

The Mirror Maker, Schocken Books, New York, 1989.

The Monkey’s Wrench, Penguin Books, New York, 1987.

Other People’s Trades, Summit Books, New York, 1989.

The Periodic Table, Schocken Books, New York, 1984.

The Reawakening, Collier Books, New York, 1987.

Survival in Auschwitz, Summit Books, New York, 1986.

A Tranquil Star, W.W. Norton and Company, New York, 2007.

The Voice of Memory: Primo Levi, Marco Belpoliti and Robert Gordon, eds., Polity Press, Cambridge, 2001.

The modern era in the Western world has witnessed numerous assaults on the patterns of traditional religious life. Science has changed the way people think; technology has changed the way they live. Autonomous, human-centered theology has come to replace heteronomous, God-centered theology. Rationalism and positivism have constricted metaphysics. Respect for authority and hierarchies has been replaced by an emphasis on individuality and egalitarianism. The challenges of modernity are symbolized by such names as Darwin, Schleiermacher, Freud, Einstein, Ayn Rand.

The modern era has also seen dramatic changes in the physical patterns of life: vast migrations from the farms to the cities; mass emigration (often as refugees) from one country or continent to another; shrinking family size; increased mobility; expansion of educational opportunities; phenomenal technological change.

Peter Berger has described modem individuals as suffering "spiritual homelessness." People have lost their sense of being part of a comprehensive, cohesive and understandable world.

For the Jewish people, the modern period has been particularly challenging. Jews were given the possibility of entering the mainstream of Western civilization. As the first winds of change swept into Jewish neighborhoods and ghettos, many Jews were enticed to leave traditional Jewish life behind. They hoped to gain acceptance into the general society by abandoning or modifying their religious beliefs and observances. Some went so far as to convert to other religions. The Haskalah--Jewish "enlightenment"--attracted numerous intellectuals who sought to modernize Jewish culture. The result was a secularization and objectification of Judaism.

The traditional religious framework was threatened by the Reform movement. Reform was an attempt of 19th century Western European Jews to "sanitize" Judaism by discarding Jewish laws and traditions. Reform wanted to make Judaism appear more "cultured" and socially respectable.

Whereas in previous eras, the masses of Jews accepted the authority of Torah and halakha, the modern period experienced a transition to the opposite situation--the masses of Western Jews no longer accepted the authority of Torah and halakha. In their desire to succeed in the modern world, many were ready to cast aside the claims of Jewish tradition. When large numbers of European Jews came to the United States during the late 19th and early 20th centuries, this phenomenon continued and expanded. A sizable majority of American Jews came to be affiliated with non-Orthodox movements or chose to remain unaffiliated with any movement at all.

In the face of tremendous defections from classic halakhic Judaism, the Orthodox community fought valiantly to maintain the time-honored beliefs and observances which they had inherited from their ancestors. But the Orthodox responses to the challenges of the modern situation were not monolithic. Some advocated a rejectionist stand, arguing that modern Western culture was to be eschewed to the extent possible. The "outside world," including non-Orthodox society, presented a danger to the purity of Jewish religious tradition; isolation was the best approach for Jews who wished to remain loyal to Torah and halakha. On the other hand, another Orthodox approach called for the active participation of Jews in general society while at the same time maintaining a strict allegiance to halakha. The task was to keep a balance of Torah with derekh eretz (worldly concerns/culture), Torah with madda (general knowledge).
These attitudes within Orthodoxy, as well as variations within the themes, have characterized Orthodox Jewish life since the mid-nineteenth century.

The strength of Orthodoxy has been its heroic devotion to Torah and halakha, even in the face of criticism and hostility. Orthodoxy alone maintains a total commitment to the Divine nature of the Torah and the binding authority of halakha. Orthodoxy is inextricably bound to all past generations of Torah observant Jews, and is faithfully confident that with the coming of the Messiah all Jews will return to traditional Torah life. Yet, it is the peculiar genius of Modern Orthodoxy to be thoroughly loyal to Torah and halakha while being open to modern thought and participating creatively in society.

Non-Orthodox detractors accuse Orthodoxy of being too bound by tradition, inflexible, unreceptive to modernity.
Non-Orthodox Jews have often found it expedient to stereotype Orthodox Jews as being "pre-modern," narrow-minded, irrational, insular, those who use religion as an escape from the realities of the world. They criticize Jewish law as being dry and tedious. They describe followers of halakha as unthinking slaves of ritual and detail, lacking in deeper spiritual feelings.

These criticisms and stereotypes are refuted in one name: Rabbi Joseph Baer Soloveitchik.

The Rav and Modernity

Rabbi Joseph B. Soloveitchik, known to his students and followers as the Rav (the rabbi par excellence), is Orthodoxy's most eloquent response to the challenges of modernity and to the critics of Modern Orthodoxy. A Torah giant of the highest caliber, the Rav was also a world-class philosopher. In his studies in Lithuania, he attained the stature of a rabbinic luminary. At the University of Berlin, he achieved the erudition of a philosophical prodigy.

A Talmudic dictum teaches that the path of Torah is flanked on the right by fire and on the left by ice. If one moves too far to the right, he is consumed by fire. If he moves too close to the left, he freezes to death. Rabbi Soloveitchik was that model personality who walked the path of the Torah, veering neither to the right nor to the left.

The Rav's unique greatness made him the ideal symbol and spokesman of Modern Orthodoxy. In his own person, he demonstrated that the ideal Torah sage is creative, open-minded, compassionate, righteous, visionary, realistic and idealistic. He showed that one could be profoundly committed to the world of Torah and halakha and at the same time be a sophisticated modern thinker. Rabbi Soloveitchik was the paradigmatic 20th century figure for those seeking mediation between classic halakhic Judaism and Western modernity. He was the spiritual and intellectual leader of Yeshiva University, the Rabbinical Council of America and Mizrachi; his influence, directly and through his students, has been ubiquitous within Modern Orthodox Jewish life. He was the singular rabbinic sage of his generation who was deeply steeped in modern intellectual life, who understood modernity on its own terms; he was, therefore, uniquely qualified to guide Orthodoxy in its relationship with modernity.

The Rav was appreciative of many of the achievements of Western civilization. But he could not ignore the shortcomings of modernity. He was pained by the discrepancy between dominant modern values and the values of traditional religion. It is lonely being a person of faith in "modern society which is technically-minded, self-centered, and self-loving, almost in a sickly narcissistic fashion, scoring honor upon honor, piling up victory upon victory, reaching for the distant galaxies, and seeing in the here-and-now sensible world the only manifestation of being" ("The Lonely Man of Faith," p. 8). Utilitarianism and materialism, as manifestations of the modern worldview, are inimical to the values of religion.

In pondering the dilemma of a person of faith, the Rav explores a universal dilemma of human beings: inner conflict. He draws on the Torah's descriptions of the creation of Adam to shed light on human nature. Adam I is majestic; he wants to build, to control, to succeed. He is dedicated to attaining dignity. Adam II is covenantal; he is introspective, lonely, in search of community and meaning. He seeks a redeemed existence. Each human being, like Adam, is an amalgam of these conflicting tendencies. In creating humans in this way, God thereby underscored the dual aspect of the human personality. Human fulfillment involves the awareness of both Adams within, and the ability to balance their claims.

The Rav suggests that Western society errs in giving too much weight to Adam I. The stress is on success and control, pragmatic benefits. Even when it comes to religion, people seem to be more concerned with operating quantifiably successful institutions rather than coming into a relationship with God. In the words of the Rav: "Western man diabolically insists on being successful. Alas, he wants to be successful even in his adventure with God. If he gives of himself to God, he expects reciprocity. He also reaches a covenant with God, but this covenant is a mercantile one. ... The gesture of faith for him is a give-and-take affair" ("The Lonely Man of Faith," p. 64). This attitude is antithetical to authentic religion. True religious experience necessitates surrender to God, feelings of being defeated--qualities identified with Adam II.

By extension, the Rav is critical of modernizers and liberalizers of Judaism who have tried to "market" Judaism by changing its content. Any philosophy of Judaism not firmly rooted in halakha is simply not true to Judaism. The non-halakhic movements did not grow out of classic Judaism; rather, they emerged as compromising responses to modernity. Had it not been for the external influences on Western Jews, non-halakhic movements would not have arisen as they did. The litmus test of an authentic philosophy of Judaism is: is it true to Torah and halakha, does it spring naturally and directly from them, is it faithful to their teachings? If Torah and halakha are made subservient to external pressures of modernity, this results in a corruption of Judaism.

Modernity, then, poses serious problems for traditional religion. However, counter-currents within modernity offer opportunities. Already in the early 1940's, Rabbi Soloveitchik felt that the time had come for a new approach to the philosophy of religion. The "uncertainty principle" of quantum physics was an anodyne to the certainty of Newtonian physics. Thinkers in psychology, art and religion were proclaiming that human beings are not machines, but are complex organisms with religious, emotional and aesthetic sensibilities. Rationalism could not sustain and nourish the human soul. The Holocaust exploded the idealized myths of Western humanism and culture. Western civilization was moving into a post-modern phase which should be far more sympathetic to the spiritual character of human beings, more receptive to the eternal teachings of religion.

The Rav felt that a philosophy of Judaism rooted in Torah and halakha needed to be expressed in modern terms. Orthodox Jews needed to penetrate the eternal wisdom of the halakhic tradition, deepening their ability to cope with the challenges and opportunities of modernity and post-modernity. And non-Orthodox Jews needed to study classic Judaism on its own terms, freed from the negative propaganda of anti-Orthodox critics. After all, Torah and halakha are the patrimony of all Jews.

In his various lectures and writings, the Rav has provided a meaningful and powerful exposition of halakhic Judaism. He is a modern thinker, rooted in tradition, who has laid the foundation for post-modern Jewish thought.

Conflict and Creativity

The Rav has stated that "man is a great and creative being because he is torn by conflict and is always in a state of ontological tenseness and perplexity." The creative gesture is associated with agony ("Majesty and Humility," p. 25). As the Rav pointed out in "The Lonely Man of Faith," God created human beings with a built-in set of conflicts and tensions; this inner turmoil is a basic feature of the human predicament.

Religion is not an escape from conflict: it is a way of confronting and balancing the tensions that go with being a thinking human being. One must learn to be a creative free agent and, at the same time, an obedient servant of God.
Detractors of religion often portray religionists as seeking peace of mind by losing themselves in the spiritual realm.

Critics say: "it is easy to be religious; you do not have to think; you only have to accept the tenets of faith and you can avoid the responsibility of making decisions and facing conflict." To such critics, the Rav would say simply: you do not understand the true nature of religion. Religion is not a place for cowards to hide; it is a place for courageous people to face a totally honest revelation of their own inner being. Halakhic Judaism does not shield the Jew from ontological conflict: it compels him to face it directly, heroically.

It is precisely this inner tension and struggle which generates a lofty and creative understanding of life. Rabbi Soloveitchik's writings and lectures are vivid examples of religious struggle and creativity at their best. His use of typologies, his first-person reminiscences, his powerfully emotive use of language--all contribute to express his singular message: a religious person must live a creative, heroic life.

In his Ish ha-Halakha (Halakhic Man), the Rav notes that the halakhic Jew approaches reality with the Torah, given at Sinai, in hand. "Halakhic man, well furnished with rules, judgments, and fundamental principles, draws near the world with an a priori relation. His approach begins with an ideal creation and concludes with a real one" (Halakhic Man, p. 19). Intellectual effort is the hallmark of the ideal religious personality, and is a sine qua non of understanding the halakhic enterprise.

The Rav compares the domain of theoretical halakha with mathematics. The mathematical theoretician develops a system in the abstract; this theoretical construct is then applied to the practical world. The theoretical system helps define and shape practical reality. So it is with halakha. The classic halakhists immerse themselves in the world of theoretical halakha and apply halakhic constructs to the mundane world. The Rav observes that "both the halakhist and the mathematician live in an ideal realm and enjoy the radiance of their own creations" (Halakhic Man, p. 25).
The ideal halakhic personality lives in constant intimacy with halakha. Halakha is as natural and central to him as breathing. His concern for theoretical halakha is an expression of profound love and commitment to the entire halakhic worldview. This love and commitment are manifested in a scrupulous concern for the observance of the rules of practical halakha.

The sage who attains the highest level of relationship with halakha is one "to whom the Torah is married." This level is achieved not merely by intellectual acumen, but by imagination and creativity. "The purely logical mode of halakhic reasoning draws its sustenance from the pre-rational perception and vision which erupt stormily from the depths of this personality, a personality which is enveloped with the aura of holiness. This mysterious intuition is the source of halakhic creativity and innovative insight . . . . Creative halakhic activity begins not with intellectual calculation, but with vision; not with clear formulations, but with unease; not in the clear light of rational discourse, but in the pre-rational darkness" (Besod ha-Yahid ve-haYahad, p. 219). The halakhic personality, then, is characterized by conflict, creativity, imagination, vision. The world of halakha is vast and all-encompassing. One who reaches the level of being "married" to the Torah and halakha has come as close to eternal truth as is possible for a human being.

Halakhic Activism

Rabbi Soloveitchik emphasized the Torah's focus on this-worldy concerns. "The ideal of halakhic man is the redemption of the world not via a higher world but via the world itself, via the adaptation of empirical reality to the ideal patterns of halakha. ... A lowly world is elevated through the halakha to the level of a divine world" (Halakhic Man, pp. 37–38).

Whereas the universal homo religiosus believes that the lower spiritual domain of this world must yearn for the higher spiritual realms, halakhic man declares that "the higher longs and pines for the lower." God created human beings to live in this world; in so doing, He endowed human life in this world with dignity and meaning.

Halakha can be actualized only in the real world. "Halakhic man's most fervent desire is the perfection of the world under the dominion of righteousness and loving-kindness--the realization of the a priori, ideal creation, whose name is Torah (or halakha), in the realm of concrete life" (Halakhic Man, p. 94). The halakhic life, thus, is necessarily committed to this-worldly activism; the halakhic personality is devoted to the creation of a righteous society.
The halakha is not confined to sanctuaries, but "penetrates into every nook and cranny of life." Halakha is in the home, the marketplace, the banquet hall, the street, the office--everywhere. As important as the synagogue is, it does not occupy the central place in halakhic Judaism. Halakha is too vast and comprehensive to be confined to a synagogue.

Rabbi Soloveitchik argues that non-halakhic Judaism erred grievously in putting the temple at the heart of religion. "The halakha, the Judaism that is faithful to itself ... which brings the Divine Presence into the midst of empirical reality, does not center about the synagogue or study house. These are minor sanctuaries. The true sanctuary is the sphere of our daily, mundane activities, for it is there that the realization of the halakha takes place" (Halakhic Man, pp. 94-5).

Consequently, halakhic Judaism is realistic, idealistic and demanding. Halakha is concerned with every moment, with every place. Its sanctity fills the universe.

Halakha is unequivocally committed to righteous, ethical life. The Rav points out that the great sages of halakha have always been known for their lofty ethical standards. The halakha demands high respect for the dignity of others. "To recognize a person is not just to identify him physically. It is more than that: it is an act of identifying him existentially, as a person who has a job to do, that only he can do properly. To recognize a person means to affirm that he is irreplaceable. To hurt a person means to tell him that he is expendable, that there is no need for him. The halakha equated the act of publicly embarrassing a person with murder" ("The Community," p. 16).

The ethical demands of halakha are exacting. One's personal life must be guided by halakhic teachings in every situation, in every relationship. The halakhic worldview opposes mystical quietism which is tolerant of pain and suffering. On the contrary, halakhic Judaism "wants man to cry out aloud against any kind of pain, to react indignantly to all kinds of injustice or unfairness" ("Redemption, Prayer, Talmud Torah," p. 65; see also, U-Vikkashtem mi-Sham, p. 16). The Rav's stress on ethical activism manifested itself in his views on religious Zionism. He accepted upon himself the mantle of leadership for religious Zionism; this placed him at odds with many Orthodox leaders who did not ascribe religious legitimacy to the State of Israel. Rabbi Soloveitchik eloquently insists that the halakha prohibits the missing of opportunities. After the Holocaust, the Jewish people were given the miraculous opportunity to re-establish a Jewish state in the land of Israel. For centuries, Jews had prayed for the return of Jewish sovereignty in Israel. Now, in this generation, the opportunity was being offered. For the Rav, it would be tragic and unforgivable to miss the gift of the moment. Not to respond to "the knocking of the beloved," not to respond to God's message to the suffering people of Israel--this would be a tragic error of terrible magnitude. This was not a time for hesitation: this was a time to embrace the opportunity of a Jewish State, an opportunity granted to us by the Almighty. The Rav conveyed a certain impatience with those who did not respond religiously to the new Jewish State. Like the Shulamith maiden in the Song of Songs, they were drowsy and hesitant at the very moment the beloved had returned. They were not fully awake to the significance of the moment, and the halakhic and ethical imperatives which flowed from it.

Interiority

All true religious action must be accompanied by appropriate inner feelings and thoughts. The exterior features of religious behavior must be expressions of one's interior spiritual sensibilities.

Yet in non-Orthodox circles, it has long been fashionable to deride halakhic Jews as automatons who slavishly adhere to a myriad of ancient rules and regulations. They depict Orthodox Jews as unspiritual beings who only care about the letter of the law, who nitpick over trifling details, whose souls are lost in a labyrinth of medieval codes of law. To such critics, Rabbi Soloveitchik would answer quite simply: you do not understand the halakha; you do not understand the nature of halakhic Judaism. Interiority is a basic feature of the halakhic way of life.

Halakha relates not merely to an external pattern of behavior. Rather, it infuses and shapes one's inner life. "The halakha wishes to objectify religiosity not only through introducing the external act and the psychophysical deed into the world of religion, but also through the structuring and ordering of the inner correlative in the realm of man's spirit" (Halakhic Man, p. 59).

For the halakhic Jew, halakha is not a compilation of random laws; it is the expression of God's will. Through halakha, God provides a means of drawing nearer to Him, even of developing a sense of intimacy with Him. To the outsider, a person fulfilling a halakhic prescription may seem like an unthinking robot; but this skewed view totally ignores the inner life of the halakhic Jew. It does not see or sense the inner world of thought, emotion, spiritual elevation.

The halakhic Jew must expect to be misunderstood. How can others who do not live in the world of halakha possibly understand the profundity of halakhic life? How can those who judge others by surface behavior be expected to penetrate into the mysterious depths of a halakhic Jew's inner life? Those who stereotype Orthodoxy are thereby revealing their own ignorance of the true halakhic personality.
"Halakhic man does not quiver before any man; he does not seek out compliments, nor does he require public approval. ... He knows that the truth is a lamp unto his feet and the halakha a light unto his path" (Halakhic Man, p. 89). The halakhic personality strives to maintain and develop inner strength. One must have the courage and self-confidence to be able to stand alone. Self-validation comes from within one's self, not from others. "Heroism is the central category in practical Judaism." The halakhic Jew needs the inner confidence "which makes it possible for him to be different" ("The Community," p. 13).

Knesset Israel

Halakhic Jews feel inextricably bound to all Jews, even those who are unsympathetic to them and their beliefs. "Judaism has stressed the wholeness and the unity of Knesset Israel, the Jewish community. The latter is not a conglomerate. It is an autonomous entity, endowed with a life of its own .... However strange such a concept may appear to the empirical sociologist, it is not at all a strange experience for the halakhist and the mystic, to whom Knesset Israel is a living, loving and suffering mother" ("The Community," p. 9). In one of his teshuvah lectures, Rabbi Soloveitchik stated that "the Jew who believes in Knesset Israel is the Jew who lives as part of it wherever it is and is willing to give his life for it, feels its pain, rejoices with it, fights in its wars, groans at its defeats and celebrates its victories" (Al ha-Teshuvah, p. 98). By binding oneself to the Torah, which embodies the spirit and destiny of Israel, the believer in Knesset Israel thereby is bound to all the generations of the community of Israel, past, present and future.

The Rav speaks of two types of covenant which bind Jews to Knesset Israel. The berit goral, the covenant of fate, is that which makes a Jew identify with Jewishness due to external pressure. Such a Jew is made conscious of Jewish identity when under attack by anti-Semites; when Israel is threatened by its enemies; when Jews around the world are endangered because of their Jewishness. The berit goral is connected to Jewish ethnicity and nationalism; it reminds the Jew that, like it or not, he is a Jew by fate.

The berit yeud, the covenant of mission and destiny, links the Jew to the positive content of Jewishness. He is Jewish because he chooses the Jewish way of life, the Torah and halakha; he seeks a living relationship with the God of Israel. The berit yeud is connected with Jewish ideals, values, beliefs, observances; it inspires the Jew to choose to live as a Jew. The berit goral is clearly on a much lower spiritual level than the berit yeud; the ideal Jew should see Jewish identity primarily in the positive terms of the berit yeud. However, the Rav does not negate the significance of the berit goral. Even if a Jew relates to Jewishness only on the ethnic level, this at least manifests some connection to the Jewish people. Such individuals should not be discounted from Knesset Israel, nor should they be disdained as hopelessly lost as Jews. Halakhic Jews, although they cling to the berit yeud, must recognize their necessary relationship with those Jews whose connection to Jewishness is on the level of berit goral.

Ultimately, though, Jewish tradition is passed from generation to generation by those Jews who are committed to Torah and halakha. Thus, it is critical that all Jews be brought into the category of those for whom Jewishness is a positive, living commitment. Jewishness based on ethnicity will not ensure Jewish continuity. The Rav credited the masorah community with transmitting Judaism from generation to generation. The masorah community is composed of those Jews for whom transmission of Torah and halakha is the central purpose of life. It was founded by Moses and will continue into the times of the Messiah. Members of the masorah community draw on the traditions of former generations, teach the present generation, plan for future generations. "The masorah community cuts across the centuries, indeed millenia, of calendaric time and unites those who already played their part, delivered their message, acquired fame, and withdrew from the covenantal stage quietly and humbly, with those who have not yet been given the opportunity to appear on the covenantal stage and who wait for their turn in the anonymity of the 'about to be'" ("The Lonely Man of Faith," p. 47).

The masorah community actually embodies two dimensions--the masorah community of the fathers and that of the mothers. The Rav clarifies this point by a personal reminiscence. "The laws of Shabbat, for instance, were passed on to me by my father; they are part of mussar avikha. The Shabbat as a living entity, as a queen, was revealed to me by my mother; it is a part of torat imekha. The fathers knew much about the Shabbat; the mothers lived the Shabbat, experienced her presence, and perceived her beauty and splendor. The fathers taught generations how to observe the Shabbat; mothers taught generations how to greet the Shabbat and how to enjoy her twenty-four hour presence" (“Tribute to the Rebbitzen of Talne," p. 77).

The Rav teaches that Knesset Israel is a prayerful community and a charitable community. "It is not enough to feel the pain of many, nor is it sufficient to pray for the many, if this does not lead to charitable action" ("The Community," p. 22). A responsible member of Knesset Israel must be spiritually awake, must be concerned for others, must work to help those in need. "The prayerful-charity community rises to a higher sense of communion in the teaching community, where teacher and disciple are fully united" ("The Community," p. 23). The community must engage in teaching, in transmitting, in passing the teachings of Torah to new generations.

The Rav, Our Teacher

The Rav, through his lectures and writings, was the most powerful and effective teacher of Orthodoxy of our times. In his lectures, he was able to spellbind huge audiences for hours on end. His Talmudic and halakhic lessons pushed his students to the limits of their intellects, challenging them to think analytically. His insights in Torah were breathtaking in their depth and scope. Those who were privileged to study with him cherish their memories of the Rav. And those who have read his writings have been grateful for the privilege of learning Torah from one of the Torah giants of our time.

The Rav described his own experience when he studied Talmud. "When I sit to 'learn' I find myself immediately in the fellowship of the sages of tradition. The relationship is personal. Maimonides is at my right. Rabbenu Tam at the left. Rashi sits at the head and explicates the text. Rabbenu Tam objects, the Rambam decides, the Ra'abad attacks. They are all in my small room, sitting around my table."
Learning Torah is a trans-generational experience. It links the student with the sages of all previous generations. It creates a fellowship, a special tie of friendship and common cause. It binds together the community in a profound bond of love, and provides the foundation for future generations. Halakhic Judaism represents a millennial Jewish tradition dedicated to Torah and halakha, truth and righteousness, love and fear of God. It demands--and yearns to bring out--the best in us. One who strives to be a member of the trans-generational community does not suffer from spiritual homelessness.

When we and future generations sit down to study Torah, we will be privileged to share our room with Rashi and Maimonides, with Rabbenu Tam and the Rashba. And sitting right next to us will be Rabbi Joseph B. Soloveitchik, his penetrating insights leading us to greater heights in our quest to become "married" to the Torah.

References
Al ha-Teshuvah, written and edited by Pinchas Peli, Jerusalem, 5735.
Besod ha-Yahid ve-ha-Yahad, edited by Pinchas Peli, Jerusalem, 5736.
"The Community," Tradition 17:2 (1978), pp. 7–24.
"Confrontation," Tradition 6:2 (1964), pp. 5–29.
Halakhic Man, translated by Lawrence Kaplan, Philadelphia, 1983.
"The Lonely Man of Faith," Tradition 7:2 (1965), pp. 5–67.
"Majesty and Humility," Tradition 17:2 (1978), pp. 25–37.
"Redemption, Prayer and Talmud Torah," Tradition 17:2 (1978), pp. 55–72.
"A Tribute to the Rebbitzen of Talne," Tradition 17:2 (1978), pp. 73–83.
"U-Vikkashtem mi-Sham," Hadarom, Tishri 5739, pp. 1–83.

The Literary, Social and Cultural Life of the Judeo-Spanish
Sephardim During the Immigrant Generation (Early 1900's)

By Marc D. Angel

Proceedings of a Conference in NYC April 5, 1981

In his book, THE PROMISED CITY, Moses Rischin describes New York's Jews during the period from 1870 until 1914. This was an amazing period in American-Jewish history, with hundreds of thousands of Jews pouring into New York. The lower East Side became the most densely populated section of the city, with many thousands of Jews peopling its tenements and staffing its industry.

This book, as could be expected, focuses almost entirely on the Yiddish-speaking Jewish immigrants from Eastern Europe. There are a few scattered references to "Levantine Jews", and these references are quite superficial and contain inaccuracies. Rischin's book is a valuable study of Jewish life on the lower East Side and it is also a valuable reflection of the general ignorance concerning the Sephardic dimension of the Jewish life of the lower East Side.

Historians have not taken the time to study the experience of the Sephardic immigrants of the early 20th century. This is not very surprising. Even at the time when thousands of Sephardim were arriving in New York, the general non-Sephardic community was relatively unaware of their existence. Since they did not speak Yiddish, since they did not fit into the "normal" Jewish patterns of life, for the most part they were either ignored or misunderstood.

Over 25,000 Sephardic Jews from Turkey, the Balkan countries, Syria and elsewhere migrated to the United States during the first two decades of the 20th century. The vast majority settled in New York mostly on the lower East Side. The largest group of these immigrants spoke Judeo-Spanish. There were also smaller groups of Sephardim who spoke Arabic or Greek. Our concern in this paper is with the Jews of Judeo-Spanish background.

Some of my research on these Sephardim appeared in an article in the American Jewish Year Book of 1973. That article included a historical background of Sephardic life in the United States, the reasons for their migration here, some of the early communal and cultural efforts; the article also includes a sociological survey of American-born Sephardim which attempts to describe the effects of the Americanization process on this group. I have also written a book, published by the Jewish Publication Society, based on the Judeo-Spanish newspaper, La America, which appeared during the years of 1910 through 1925. These works provide a comprehensive picture of the Sephardic experience in New York -- and indeed in the United States -- and this paper will only touch on some of the major points.

The Judeo-Spanish speaking Jews formed their own unique society in the lower East Side. They brought with them their cultural heritage from the Sephardic communities of Turkey and the Balkan countries. They were quick to establish restaurants and coffee houses to cater to their culinary tastes. They established their own self-help groups, their own synagogue services, their own burial societies, and their own communal organizations. Sephardim naturally gravitated to streets and buildings which were already inhabited by other of their countrymen. There were buildings and streets which were populated almost exclusively by Sephardim. By living in these enclaves, the new immigrants could feel as if their social context had not been completely uprooted, that they were still living among their own people. In particular, Sephardim were concentrated on Chrystie Street, Forsythe Street, Allen Street, Broome Street, Orchard Street, Eldridge Street and the streets in the general vicinity.

The lower East Side was hardly a beautiful place to live. Jack Farhi, writing in the summer of 1912 in La America, described the situation of the Sephardim of the lower East Side: "We live in New York! In an oven of fire, in the midst of dirt and filth. We live in dark and narrow dwellings which inspire disgust. We work from morning to night without giving ourselves even one day a week for rest. We sleep badly, eat badly, dress ourselves badly..... We are very frugal, saving our money to send to our relatives in the old country or just hoarding it for a rainy day. We are losing the best days of our lives, the time of our youth..."

Because the setting of their lives was so dismal and so disorienting, Sephardim sought opportunities to meet their co-religionists in order to reminisce or just to pass the time of day. The Sephardic coffee houses and restaurants mirrored the hopes of the immigrants and also their frustrations. They would pass the time playing cards, drinking Turkish coffee, and discussing topics of concern to them. Because of their popularity, coffee houses not only served as recreational centers but also as intellectual and political centers. Any cause or movement which needed to win adherents would seek them in the coffee houses. Orators would make their speeches. Publicists would post their flyers and circulars on the walls. Yet the coffee houses also mirrored problems within the community. They became hangouts for idle and unemployed people, many of whom had become despondent. Also, some of the customers were short-tempered. It was not uncommon for disputes and even fistfights to break out for one reason or another.

In 1910, Mr. Moise Gadol -- a Bulgarian Sephardic Jew -- came to New York to visit relatives. He visited a coffee house and was surprised to find so many young people frequenting it when he thought they should have been at work. When he learned that they were unemployed, he was shocked. Gadol himself was a man of great culture, an active businessman in Europe, and a master of eleven languages. The poverty and despair which he saw among his Sephardic co-religionist on the lower East Side stirred him. So many of them seemed helpless. They did not know where to turn to find jobs. The programs of the Jewish community to help immigrants learn English were geared to Yiddish-speaking immigrants. The Sephardim could not benefit from these programs at all. Jewish organizations which attempted to assist immigrants often did not even recognize that the Sephardim were Jews. Many a Sephardic immigrant would complain that they were believed to be Italians, Greeks or Turks by Jewish officials. Life on the lower East Side was difficult even for the many thousands of Yiddish-speaking Jews; how much more so for the Sephardic Jews who were left almost entirely on their own.

Gadol decided to remain in New York and publish a Judeo-Spanish newspaper, La America. He felt by doing this he would be able to provide practical advice to his readers as well as to give them general enlightenment and intellectual guidance. Moreover, Gadol convinced the leaders of the Hebrew Immigrant Aid Society to establish an Oriental Bureau in order to help the "Oriental" Jews -- those who were coming from Levantine countries. Gadol himself served as the secretary of the Oriental Bureau, initially as a volunteer, and spent many hours helping newly arrived Sephardic immigrants -- that others would have ignored -- to get through the immigration procedures. He also helped many people find jobs and gave advice on how to keep their jobs. In the pages of La America, he printed a glossary in order to teach Sephardim English. Interestingly, he also included Yiddish definitions, believing that since many Sephardim worked for Yiddish-speaking employers, Sephardim needed to know Yiddish in order to advance in America.

The pages of La America are a fascinating reflection of the literary, cultural and social life of the immigrant generation of Sephardim. Gadol was a brilliant journalist. Even when reading his editorials now, so many years after they were written, one senses the energy and vitality of the author. The newspaper included news items about Sephardic communities in the United States and abroad. It included poetry and some literary work. It was a forceful spokesman for Zionism, for the advancement of workers, for individual initiative. Gadol printed several articles by a person who signed her name simply as Miss A, which argued for the equality of women.

But for all the good he intended, Gadol did not achieve notable financial success with his newspaper. Quite the contrary. The paper was constantly plagued by financial problems and he would work at other jobs in order to subsidize his newspaper. None of his partnerships lasted very long, because his partners did not share his dedication to La America. They preferred to make money.

There were other Judeo-Spanish publications that appeared among the Sephardic community. The most well-known is the successor of La America, La Vara. La Vara continued publishing until the late 1940's.

The Judeo-Spanish press in New York deserves special attention. These journalistic achievements must be counted among the most important cultural ventures of American Sephardim and are testimony to the literary and creative impulses within the immigrant Sephardic community. The newspapers provided a medium for articulate Sephardic thinkers, for poets and essayists, for political activists, for religious teachers. The newspapers brought to the Sephardic masses a world of ideas and imagination and helped lift them from the dreariness of their everyday lives. Both La America and La Vara had subscribers throughout the United States and even in foreign countries. The Judeo-Spanish newspapers are clearly the most important literary productions of the immigrant Sephardic generation.

But it was not always easy to find appreciative readers and subscribers. Due to their poverty and lack of formal education in the old country, many Sephardic immigrants had little interest in the newspapers. Enlightened and dedicated Sephardic leaders exerted great effort to stimulate the minds of the Sephardic community. One such man, Mr. Albert Amateau, noted his frustrations in an article in La America, November 29, 1912. He stated that he tried very hard to assist the Sephardim to advance. "But I found myself isolated on all sides and it was impossible for me to work against this apathy alone, without help from anywhere." This sentiment is echoed many times by Moise Gadol and by others. Professor Mair Jose Benardete, who was then a young man, accompanied the venerable Mr. Nessim Behar who sought to encourage Sephardim to attend English classes. Benardete recalls: "We went up and down the malodorous tenements, knocking at the doors of those humble, temporary homes of the new arrivals at the very hour when the men were having their supper after working long hours at very unhealthy and unremunerative jobs. Nessim Behar, the apostle, expected these bodies, whose energies had been squeezed out of them, to have enough physical stamina to respond to the appeal of the spirit." And, Behar was successful in a great many cases.

Along with these efforts to educate and enlighten the Sephardic masses, there were also efforts to organize the community into a cohesive unit. The Sephardim of Judeo-Spanish background spoke the same language; yet they too were divided into many small groups. Usually, Sephardim tended to form societies based on their city of origin. Instead of uniting into large organizations or congregations, the Sephardic immigrant, sponsored a host of small self-help groups, synagogues, and religious schools. A number of Sephardic leaders called for a united community, and one of the outspoken advocates of this idea was Moise Gadol. In 1912, the Federation of Oriental Jews was established. It served as an umbrella organization for a number of Sephardic societies which affiliated with it. While it had some success, it was a short-lived venture. None of the societies wanted to give up any of its autonomy to a more general organization. There were a variety of subsequent efforts to form a central Sephardic community, none of which had lasting success. Yet, the efforts themselves are noteworthy and testify to the progressive and broad-visioned leadership that did exist within the community. Unfortunately, this leadership could not completely succeed among the immigrants.

The individual societies -- and there were many of them -- attempted to provide a number of services to their members. Usually, the major benefit was burial. Gadol frequently argued that the Sephardim needed an organization that would take care of them while they were alive, not just societies to care for them once they were dead. As time went on, the various societies did try to expand their services to include such things as medical care and legal advice. The societies also sponsored picnics and social events to bring their members together. Most also sponsored religious services for the High Holy Days. Some of the societies had literary groups associated with them.

It should be noted here that the Sisterhood of the Spanish and Portuguese Synagogue had a settlement house on the Lower East Side to assist the Sephardic immigrants. It was first located at 86 Orchard Street, but ultimately moved to larger quarters at 133 Eldridge Street. This building housed a synagogue, Berith Shalom, as well as a Talmud Torah, clubs for children, classes for adults, social services and much more. It became a beehive of activity. While relations between the new Sephardic immigrants and the old established Spanish and Portuguese Synagogue were not always cordial, there was much to be proud of in the relationship.

No discussion of Sephardic life would be complete without mention of the dramatic productions in Judeo-Spanish. There were virtually hundreds of performances of plays sponsored by Sephardic societies in New York, and the enthusiasm for drama was also evident in other cities of Sephardic settlement. Often enough, the plays would be of Biblical themes; some would be translations of French plays; others would be original works by Sephardim in Turkey or even the United States. Dramatic productions were put on to large and enthusiastic audiences. The pages of La America report that plays drew capacity crowds, some numbering over a thousand people. Since the Yiddish theatre and English theatre were not comprehensible to the Sephardim, they developed their own dramatic programs and catered to their own interests.

These productions are significant because they provided creative outlets for Sephardic producers and actors, as well as writers. While the quality of the productions was mixed, individuals could aspire to play important roles before large audiences. Some of the plays were quite elaborate, with rented costumes and special theatrical effects.

A vital part of the cultural life of the Sephardic community was oratory. In those days, before the emergence of television, people were entertained and enlightened by gifted orators who could stir their emotions and give them ideas. The Sephardic community could boast of a number of individuals who earned distinction as notable orators. One of the best known was Mr. Albert Matarasso, who came to the United States from Salonika. Matarasso was well-educated in his native city, and brought with him substantial rabbinic and general knowledge. He spoke with force and enthusiasm. People still remember him as an orator "with a silver tongue", a man who was invited to speak at many a communal gathering. We should also recall the name of Mr. David N. Barocas who spoke with eloquence and precision. For these men, oratory was an art form.

The Sephardim created their own literary, social and cultural institutions as manifestations of their own unique cultural background. They were Spanish-speaking -- but did not come from a Spanish-speaking land; they came from countries in the Levant -- but they were separated by religion from others who had come from the same lands; they were Jews -- but were culturally far different from the overwhelming majority of Jews in the United States. Consequently, they were a separate and, to a certain extent, isolated entity.

Remembering Justice Benjamin Nathan Cardozo
 

by Rabbi Marc D. Angel

Benjamin Nathan Cardozo (1870-1938) was one of the greatest American jurists. During his distinguished career, he served as Chief Judge of the New York State Court of Appeals from 1926 until his appointment to the United States Supreme Court in 1932. He was known for his calm wisdom, personal dignity, and his commitment to social justice. His speeches and writings were characterized by clear thinking and graceful style.

            Cardozo was born into a Sephardic Jewish family that had roots in America since Colonial days. Among his ancestors were those who fought in the American Revolution. His family was associated with Congregation Shearith Israel, the Spanish and Portuguese Synagogue of New York, founded in 1654; he retained his loyalty to Shearith Israel throughout his life, and was buried in the congregation’s cemetery upon his death.

            As a young attorney, recently graduated from the Law School of Columbia University, Cardozo had several interactions at Shearith Israel that reflected his generally traditional worldview. In 1895, as the congregation was planning to build a new synagogue building on Central Park West, a number of leading members were calling for reforms in the synagogue’s customs. For centuries, Shearith Israel had followed the ancient traditions of Western Sephardim, including the separation of men and women during prayer services. The reformers called for various changes, including a seating arrangement in the synagogue that allowed men and women to sit together. The congregation’s religious leader, Dr. Henry Pereira Mendes, strongly opposed the reforms. Tensions within the congregation came to a head at a meeting of congregants on June 5, 1895. A number of reformers put forth their motion to institute changes; Dr. Mendes and another synagogue leader spoke in opposition to their motion. Then the 25 year old Cardozo made “a long address, impressive in ability and eloquence,” in which he argued for the continuity of synagogue tradition. He pointed out that the congregation’s constitution provided for separate seating of men and women, following in the traditional patterns of Spanish and Portuguese congregations. It would be unlawful to violate the constitution. Aside from the legal point, Cardozo stressed the importance of maintaining synagogue traditions that had been established and maintained by generations of congregants. Regardless of one’s personal opinions or level of religious observance, the synagogue is a sacred space that should maintain its integrity.  Following Cardozo’s speech, a vote was taken: the motion to alter the synagogue customs was defeated by a vote of 73 to 7!
 

            In 1898, Cardozo gave a talk at Shearith Israel on Benjamin Disraeli, late Prime Minister of the British Commonwealth. Disraeli was born into the Spanish and Portuguese Jewish community of London, but his father had his children baptized before Benjamin’s Bar Mitzvah. So he was a Jew by birth and by public perception; but was a Christian by formal religious profession. In spite of facing ongoing anti-Semitism, Disraeli rose to the top of the British government, a highly regarded confidant of Queen Victoria.

            The young Cardozo drew a thoughtful portrait of Disraeli’s personal and political life. He could not help but recognize the phenomenal rise to power of a man who was constantly subjected to anti-Semitism in spite of his having been baptized. Although Disraeli presented himself as a Christian, he never flinched from pride in his Jewish background. He described Christianity as a fulfillment of Judaism. Cardozo noted that Disraeli’s position was problematic:  “So we find it to the last—the same union of loyalty to the race and disloyalty to the faith, the same impossible effort to reconcile the irreconcilable and to treat the religious tenets of his manhood as a development of the religion in whose shelter he had been born” (Disraeli, the Jew, Essays by Benjamin Cardozo and Emma Lazarus, ed. Michael Selzer, Selzer and Selzer, Great Barrington, Mass, 1993, p.49). Cardozo noted that Disraeli—in spite of his tremendous successes—was ultimately a conflicted and lonely soul:  “The nation marveled at his wit; it laughed at his sallies; it applauded his intrepid spirit; but all the time, it must have felt within its heart that he was a stranger within its gates.”

            To his credit, Disraeli never apologized for or denied his Jewishness. Quite the contrary. He flaunted his Jewishness and presented the Jews and Judaism in positive lights. Cardozo offered an appreciation of Disraeli’s role vis a vis the Jewish people: “As we look back upon him now, we see, I think, that he affected us for good. He taught us to think worthily of ourselves—that indispensable condition, as men have often said, which must be satisfied before it can be hoped that we shall be thought worthily of by others.  He was himself, before all the world, a living illustration of the powers that are in us, of our resources, of our intellect, of our vigor; of our enthusiasm, of our diplomacy; of our finesse. … He might have stood for many other and perhaps greater things; he might have aided us in many other ways; but these he did stand for an in these he did aid us; and if the aid might have been greater, it none the less was great. It is something to have contributed a little to rousing the self-consciousness of a race, in waking it to a sense of its own dignity, and in waking others to a sense of its latent powers. In these days of Zionism, in these days of Herzl and Nordau, let us remember that we are working upon soil which Disraeli and men like him have helped posterity to till. By his own personality, as well as by his words and deeds, he seemed to weave into the woof of English public life some portion of the Hebraic spirit; to Hebraize the mid of the Protestant and the Puritan; and even to revive in his own day some glimmer of those ancient glories which it was one of the functions of his life to illustrate to the world. For that service at least, let us honor him tonight” ((pp. 65-66).

            In a series of lectures at Yale University in 1921, Cardozo reflected on the nature of the judicial process. “There is in each of us a stream of tendency, whether you choose to call it philosophy or note, which gives coherence and direction to thought and action. Judges cannot escape that current any more than other mortals. All their lives, forces which they do not recognize and cannot name, have been tugging at them—inherited instincts, traditional beliefs, acquired convictions; and the resultant is an outlook on life, a conception of social needs….We may try to see things as objectively as we please. None the less, we can never see them with any eyes except our own” (The Nature of the Judicial Process, Yale University Press, New Haven, 1921, p. 12).

            Cardozo’s own “stream of tendency” included a deep respect for tradition…but a keen awareness of the forces for change. While he understood that judges must not set aside existing rules at pleasure, he also criticized “the demon of formalism.” Judges must balance their decisions, taking into consideration the welfare of society. Cardozo drew on a Talmudic teaching that describes God as offering Himself a prayer: “Be it my will that my justice be ruled by my mercy.” He suggested that judges keep this prayer in mind during their own deliberations (pp. 66-67).

            In a keenly self-revelatory comment, Cardozo reminisced on what he had learned from his experiences as a judge. “I was much troubled in spirit, in my first years upon the bench, to find how trackless was the ocean on which I had embarked. I sought for certainty. I was oppressed and disheartened when I found that the quest for it was futile….As the years have gone by, and as I have reflected more and more upon the nature of the judicial process, I have become reconciled to the uncertainty, because I have grown to see it as inevitable” (p. 166).

            In a subsequent series of lectures at Yale, Cardozo noted that “law must be stable, and yet it cannot stand still….The victory is not for the partisans of an inflexible logic nor yet for the levelers of all rule and all precedent, but the victory is for those who shall know how to fuse these two tendencies together in adaptation to an end as yet imperfectly discerned” (The Growth of the Law,Yale University Press, New Haven, 1924, p. 143).

            Cardozo appreciated the need for balancing various tendencies—the faithfulness to precedents and the drive for change. It is not a simple matter to judge fairly and correctly. “In our worship of certainty, we must distinguish between the sound certainty and the sham, between what is gold and what is tinsel; and then, when certainty is attained, we must remember that it is not the only good; that we can buy it at too high a price; that there is a danger in perpetual quiescence as well as in perpetual motion; and that a compromise must be found in a principle of growth” (pp. 16-17).

            Cardozo’s vast erudition was accompanied with a profound sense of social responsibility, his own personal dignity, and a calm wisdom. He was serenely confident and competent; and at the same time, he was genuinely humble and self-reflective.

            He was a proud Jew. He was moderately observant of religious rituals, although not strictly so. He expressed his views on religion on various occasions. In 1927, he spoke at a dinner in honor of the 75th birthday of his rabbi at Shearith Israel, Dr. H. P. Mendes. In praising Dr. Mendes, he underscored the values of doing justice, loving mercy and walking humbly with the Lord. That same year, Cardozo spoke at a dinner in honor of his friend, Rabbi Stephen Wise. He again stressed the role of religion as an agent of social justice. “Religion is worthless if it is not translated into conduct. Creeds are snares and hypocrisies if they are not adapted to the needs of life….Has there been some social wrong, some oppression of the people, some grinding of the poor? That is a matter for religion. Has there been cruelty to Jews abroad or to colored men at home?....That is a matter for religion. Has the sacred name of liberty, which should stand for equal opportunity for all, been made a pretext and a cover for special privileges for a few? That is a matter for religion. (quoted in Andrew L. Kaufman, Cardozo, Harvard University Press, Cambridge, 1998, p. 190).

            But religion was more than social justice. At its best, religion must be marked by a selfless idealism and commitment to transcendent ideas. In 1931, Cardozo gave the commencement address at the Jewish Institute of Religion, and referred to Tycho Brahe, the 16th century Danish astronomer, who devoted long years to mark and register the stars, when people mocked him for this seemingly useless endeavor.  “The submergence of self in the pursuit of an ideal, the readiness to spend oneself without measure, prodigally, almost ecstatically, for something intuitively apprehended as great and noble, spend oneself one knows not why—some of us like to believe that is what religion means” (Kaufman, p. 190).

                             *     *     *

            When I began serving Congregation Shearith Israel in 1969, and for many years thereafter, the rabbis’ gowning room was the old office of the late Rabbi Dr. David de Sola Pool. Several photographs hung on the walls, including one of Justice Benjamin Nathan Cardozo which he presented to the Congregation in 1932 upon being appointed to the United States Supreme Court. He inscribed it: “To the historic Congregation Shearith Israel in the City of New York, with the affectionate greetings of its member.”   

            Thus, every morning and evening before synagogue services, I was greeted by the handsome visage of Justice Cardozo. Although he died before I was even born, so that I did not know him personally, I somehow felt a friendship and kinship with him. He was, for me, an entry way into the past of my congregation and community. His photograph conveyed the confidence and the judgment, challenging us to be faithful to the past and yet open to the needs of the present…and future.      

References:

Cardozo, Benjamin N., The Growth of the Law, Yale University Press, New Haven, 1924.

__________________, The Nature of the Judicial Process, Yale University Press, New Haven, 1921.

Kaufman, Andrew L., Cardozo, Harvard University Press, Cambridge, 1998.

Selzer, Michael, Disraeli, the Jew, Selzer and Selzer, Great Barrington, 1993.