National Scholar Updates

Art Appreciation and Creativity Development in the Jewish Day School

“Imagination is more important than knowledge.”

—Albert Einstein

“Pyramids, cathedrals, and rockets exist not because of geometric theories of structures or thermodynamics, but because they were first a picture—literally a vision in the minds of those who built them.”

—Historian Eugene Ferguson

Introduction

Art education is rarely prioritized in Jewish Day School curricula. A double curriculum of secular and religious studies often leaves little time for subjects whose importance is “still questioned.” Even in the best of secular schools, art education often survives, but only on a year-to-year basis with the constant threat of being slashed. If not for the monitoring by the education watchdogs and the relentless hard work of art advocates, there would be many artless schools in America and even more artless Jewish Day Schools.

The fact that art is offered in some schools and not others is nothing new. Many administrators or school boards have considered an art program “glorified busywork” and do not really understand the nature of art and its value to society. While no one group can be blamed for this misunderstanding, arguably most everyone who is against art programs rarely cares enough to give the matter of art education serious thought. As a result, the average Jewish Day School graduate, like most secular school graduates, is probably a victim of a passive attitude toward art education that often translates into no art classes being offered. There is a sad irony in this situation because the arts have always played a major role in Judaism. In this essay, therefore, I will argue that it is essential to have an art program in a Jewish Day School, and present ideas for what I think a rich art curriculum should consist of, taking into account limits on time that result from a “double curriculum.”

Before I talk about art education in a Jewish Day School setting, it is important to define what art is. It is commonly held that the definition of art has changed many times since the cave paintings were first created 40,000 years ago. It started with “art is magic,” then moved to “art is beauty and emotion,” then to “art is the artist’s view of the world,” and on and on and on. Each culture has defined art in its own way, depending on the time, the place, and the people who made it. But what is art today, in the twenty-first century, postmodern era? The present accepted definition is, “art is when a person takes any material or substance and uses it to make a statement.” Today, one can take paint, stone, clay, food, newspaper, scraps of metal, wire, cloth, vinyl, egg crates, rubber, or film and use them to make a statement. Anyone who has visited a museum of modern art anywhere in the Western world can attest to the variety of materials being used in unique ways. Like the paintings of the past, postmodern art of the twenty-first century challenges the viewer to think about and analyze what the artist is trying to say. But it may be more demanding than paintings of the past because the viewer may not readily understand the language of an artist who, for instance, uses a few tree branches to make a point.

What distinguishes art from science is that art and creativity are timeless. Science is like a ladder—each year humanity builds upon what it knows and what it has achieved to move forward and upward. When humanity makes progress in science, it usually replaces old techniques and old insights with new ones. Art is only somewhat similar, in that while artists employ techniques that build upon those of their predecessors, viewers do not cease appreciating and finding beauty in what came before. Cave paintings are just as fantastic to behold as a Michelangelo statue, or a Picasso painting, or an Andy Warhol silkscreen of a soup can, or a Frank Gehry piece of architecture. Someone might prefer one style over another, but each is still relevant today and can be appreciated. So with this in mind, why is it important to teach art in school?

Why Is an Art Education Important for Every Child?

Many people do not accept art as an important element in their lives or in the general education of their children. Therefore, there are numerous schools that lack art education, even in the richest and most progressive states.  I am fortunate to teach at a school whose headmaster and administrators value art education, but within many Jewish Day Schools across the country art education is often missing from their curricula. This is always an unfortunate state of affairs, and with budget cutbacks and financial restraints, the problem will only get worse. Therefore it is important to outline a few reasons why every child should have the opportunity of an art education throughout his or her years in school.

I use the term art education to mean a curriculum that combines the teaching of art appreciation and theory with the instruction of hands-on projects—seeing and doing. There are several reasons children benefit from this type of art education. Most broadly, art education can help nurture creativity and critical thinking, which are necessary to excel in a range of disciplines. If people stopped creating or thinking critically, progress in many fields—medicine, engineering, science, or literature would cease. At the same time, art education can encourage healthy risk-taking so that children become comfortable with stepping out of their “comfort zone,” and gain confidence in trying new projects. This ability to come to terms with risk-taking, and sometimes experiencing and recovering from failure, is an important skill-set to learn. Parents who therefore dream of their children becoming doctors or engineers or lawyers should consider that the skills taught in art education can be useful, and critical to, a variety of professional careers.

Aside from benefiting their future professional lives, art education both deepens and broadens children’s understanding of the world around them. Students who take art classes are not only able to appreciate art in museums, they are able comprehend and value the different cultures they come in contact with on a daily basis. Students equipped with this skill are more able to navigate through an increasingly multicultural world and interact intelligently with people of different backgrounds and faiths.

Finally, art education can help improve children’s academic performance. Making art is a uniquely human activity and the making and appreciating art marks an important stage in human intellectual development. In addition, research shows a correlation between studying art and academic achievement. For instance, art education correlated with higher SAT scores, and some studies show that students perform 30 percent better in business when they have taken art classes.[1]

Why Is an Art Education Especially Important in the Jewish Day School Setting?

To make connections.

We marvel at modern-day communication tools; the iPhone, the Internet, Skype, wi-fi, and the digital camera have all facilitated communication and the sharing of ideas. We can be in touch with people living anywhere in the world in a matter of a few seconds. But of course we cannot call or email people who lived years ago. Art is different, as it can put us in touch with civilizations and people that lived thousands of years ago. Art is the voice of what occurred.

Jewish Day School students are especially vested in history, so they can use art to better appreciate their Jewish cultural heritage and see how their forefathers and foremothers lived, as well as get a sense of the other civilizations of the ancient world. The art tells the story. Whether it is an ancient menorah, a ceramic jar, an Assyrian animal carving, an Egyptian tomb painting, a Babylonian ziggurat, or a Greek mosaic, art puts the viewer in direct contact with the past.

To nourish the soul.

How might a student feel when at the Kotel for the first time, or when he or she learns about the horrors of the Holocaust? The history and stories of the Jewish people can certainly open profound as well as unsettling emotions and feelings. In an art class, students can express their feelings and emotions and make a statement through the visual arts.  It is a place where they can incubate their thoughts without the pressure of a test. They can get lost in thought as they make a clay bowl; as they feel the wet clay slip through their fingers, they can find themselves. But it is where they can also explore their values and create a visual image that is reflective of their beliefs and concerns. For example, they can design a poster to express the injustice of the kidnapped soldier Gilad Shalit.  Nourishing the soul of a Jewish child has to include the arts as a way of integrating the life cycles, the emotions, the battlefields of Jewish history, and the spiritual meaning of our traditions. It is especially important and is a way of staying connected to Israel as well as the outside world.

To learn respect.

The world is filled with human rights violations, prejudice, discrimination, gender inequality, anti-Semitism, ethnic hatred, and war.  Art curricula can enlighten students both about their own culture, as well as the cultures of the world around them. The advantages of a Jewish education are enormous. But there is a downside to it. Day School students often grow up in an environment that is just like theirs, and they often miss the opportunity to mingle freely with kids from other backgrounds and lifestyles. An art program is a great way to learn about other cultures. This is increasingly important because Jewish people play on the world stage, and so it is essential that they be comfortable with other cultures for business, in politics, and for pleasure. For example, doing a Chinese landscape painting and along the way understanding the origin of this style of painting can help a Jewish Day School student learn about the symbolic meaning of the style and the culture within which it developed. Instead of laughing, which kids normally do when they see something that is bizarre or strange to them, if they have knowledge of what they are looking at, they can begin to respect different cultures. In the end, they will respect themselves as well for being culturally literate. Museum visits with observations and explanations are therefore very important. Worksheets, writing and sketching in the museum are wonderful ways to get children to ask about what they see.

To develop an interest in the aesthetic dimension of life.

Somehow a sense of aesthetics sometimes gets lost in the observant Jewish family tradition. Why? Does a sukkah have to be pre-fab and made of plastic? Does everyone’s wedding invitation have to look similar? Can a menorah be made from copper plumbing parts or fire bricks?  Judaica that is creative not only brings a smile to everyone’s face, but also can make them think more about the mitzvah. Holidays and semahot become more exciting and inspire more reflection when the Judaica is unique. Why does creativity tend to get lost in the tradition? This issue is something that I never quite understood, but is certainly a valid argument for a substantial art program in the Day School setting. There are endless possibilities for new and different ideas while keeping with tradition.

To take risks.

To become a creative person, one has to take risks, come up with new ideas, and have the tenacity to follow through with the creative process. In Jewish Day Schools, taking risks, or trying something different, is often avoided. More broadly, thinking and problem solving is becoming easier to avoid in the age of computer technology. It’s just easier to Google your way from start to finish. What is getting lost, therefore, is the teaching of problem solving and imparting the confidence in students to take risks. It is an especially important skill to have the courage to create something, change it, revise it, critique it and work with it. It doesn’t happen instantly. You have to work it through. That is the nature of the creative process. And you might get a great idea that just doesn’t pan out and that is okay too! It is just as important to learn from mistakes.

A Proposed Art Curriculum in the Jewish Day School

Ideally, if Day School art educators work together, a seamless art curriculum could be developed that would run from grades K–12 and that follows state standard guidelines.

Knowledge and skills would be built on prior experience, but would be revisited allowing for mastery. This is called a spiraling approach. Kids need to be re-exposed to the information and the experience for education and confidence building to work best.  The following are proposed standards, which are based, in part, on some baseline standards set by New York State:

Standard 1: Students should participate in the arts and make works of art that explore different kinds of subject matter, topics, themes, and metaphors. Students will understand and use sensory elements, organizational design principles, and expressive images to communicate their own ideas in works of art.

Standard 2: Students should know and use a variety of visual art materials, techniques, and processes and become aware of the many options and careers in the arts.

Standard 3: Students should respond critically to works of art connecting the individual work to aspects of human thought. They will learn to reflect on, interpret, and evaluate works of art using the language of art criticism.

Standard 4: Students should develop an understanding of the personal and cultural forces that shape artistic communications and how the arts shape the diverse cultures of past and present society. They will explore art and artifacts from world cultures and discover the roles that art plays in the lives of a given time and place. They will use art to understand the social, cultural, and environmental dimensions of human society.

With these standards as a guide and with the limited amount of time for art classes, I would propose the following:

K–2nd grade: An introduction to the different art materials and techniques, such as painting, sculpting, and printmaking. The emphasis should be on experimentation and exploration. Children should begin to feel confident with the materials. There should be a focus on Jewish themes, such as the holidays. Examples: a clay hannukiyah or a tzedaka box.

3rd–5th grade: An introduction to the elements of art, which are line, shape, form, color, value, texture, and space. Basic observational drawing skills and modeling skills should be introduced, as well as an introduction to the work of various artists.  Jewish themes should be used whenever possible. Examples: scenes of Israel painted in acrylic paint on canvas, three-dimensional soft sculpture.

6th–8th grade: Design principles should be introduced, such as balance, movement, rhythm, contrast, emphasis, pattern, unity, proportion, and variety. This is the language and grammar of art. Students in middle school should be given the opportunity to delve deeper into the art and culture of other lands as well as learn about the art of the Western world. An overview of the art movements as well as a close study of one of the artists should be explored. Examples: Chinese hand scrolls, hard-edge paintings, Picasso cubist portraits, pop-art paintings, the mosaic and South American rain sticks.

9th–12th grade: One unit of art is needed for a high school diploma and the choice is one of the four arts, which include dance, music, drama, or the visual arts. Students who choose fine arts should create a collection of artworks in a variety of media, based on assignments that encourage them to explore various ideas and viewpoints. Teachers should use rubrics for evaluation. College portfolios should be prepared for those students seeking admission to university art schools. Examples of projects: graphic design, lithography, computer graphics, poster design, and experimental sculpture.

Conclusion: To the Source

The center of our Jewish spirituality was the Holy Temple and from the beautiful biblical descriptions we know that there was an emphasis on aesthetics.  As it’s mentioned in the Torah, “Let them make a Holy Shrine that I may dwell amidst them” (Exodus 25:8). The descriptions in this part of the text tell us that the Israelites procured such materials as gold and silver along with fine artisanship, such as weaving, dyeing, and the setting of jewels. The Torah prescribes in detail all the fine materials to be used to build the Temple including the specific measurements and amounts. One could only imagine how beautiful it all was—a true work of art.

In the time of the Temple, Judaism’s expression of faith was fundamentally connected to the arts. And so it should be today as well. There is a concept in Judaism of “hidddur mitzvah”—beautifying the mitzvah. It is praiseworthy to not just fulfill the commandment, but to embellish the mitzvah with additional beauty, so as to express our love and respect for it. It is our responsibility as a community to continue that aesthetic journey with our children so that they may express their faith and so that they can appreciate and participate in the arts throughout their lives. After all, out of the Jewish Day School might come a great architect, industrial designer, fine artist, art teacher, graphic designer, interior designer, curator, art conservationist, art historian, commercial artist, fashion designer, frequent museum visitor, or art collector. Hopefully all of our children armed with a good art education in their Day School years will become lifelong participants in the creative process as well as the future caretakers of all of humanity’s artistic treasures. 


[1] The College Board Profile of SAT and Achievement Test Takes from 1990, 1991, 1992, 1993; “Why Business Should Support the Arts: Facts, Figures and Philosophy,” Business Committee for the Arts.

The Place of Orthodoxy in the State of Israel

As the head of the Center for Women's Justice, I encounter on a daily basis the intractable entanglement—the “Gordian knot”—of State and (Orthodox) religion in Israel. This union of religion and state supports a gendered society, infringes on the basic rights of women, challenges the democratic values of the State, and threatens to undermine Israel's integrity as the political expression of the Jewish nation.

Using some of the cases that have come my way at CWJ, I will illustrate the above and argue that the place of “Orthodoxy” in Israel should not be within the coercive sphere of the “state,” but within the voluntary sphere of “civil society,” alongside other expressions of Jewishness.

An Intrinsically Gendered Society

In Israel, the Chief Rabbinate Law of 1980 states that the Chief Rabbinate is authorized to give answers and opinions regarding Jewish law, to bring the public closer to the values of the Torah and its commandments, to issue kashrut certificates, and to decide who shall sit as rabbinic judges and as official city and community rabbis. The Rabbinic Courts Jurisdiction Law of 1953 (Marriage and Divorce) gives rabbinic courts sole jurisdiction over matters of marriage and divorce.[i] The Chief Rabbinate and the Rabbinic Courts are exclusively Orthodox, and they are gendered. Men and woman are not equal.

No woman serves on the Chief Rabbinate Council, or as an official rabbi of any city in Israel. No woman is permitted to sit on rabbinic courts as a judge.[ii] The Chief Rabbinate and its Rabbinic Courts are run by men. The Rabbinic Court Administration Office has tried to bar women from applying for positions as law clerks.[iii] In the Petah Tikvah Rabbinic Court, until recently, no woman sat in any position, even an administrative one.

Rabbinic Courts apply religious laws that discriminate between men and women. Women appearing before rabbinic courts have little say in their attempts to divorce their husbands. Grounds for divorce for women are few, if any, and are not mutual. [iv] If a woman refuses to accept a Jewish divorce (a get), the state has an specific exception to its bigamy laws[v] to allow him to marry another woman and continue with his life (heter-meah rebbanim). If a man refuses to give his wife a get, she can be bound to him forever.[vi]

This taken-for-granted gendered, and discriminatory, world of the Orthodox rabbinic courts trickles down into other parts of Israeli society in the name of pluralism, and tolerance. So, for example, Egged, the state bus company, had (until recently) allowed, facilitated, and enforced “separate” buses in which women were expected to sit at the back of the bus, separate, apart, and unequal to men.[vii] The Supreme Court of the State of Israel has barred women from praying at the Western Wall in prayer shawls and phylacteries and has, instead, delegated the women to a separate, but not quite equal, section of the wall.[viii]

The Infringement on the Bodies—and Basic Rights—of Women

In Israel, the state authorizes the Chief (Orthodox) Rabbinate and its (Orthodox) Rabbinic Courts to “discipline and punish”[ix] the bodies of women.

The Chief Rabbinate Office is responsible for monitoring, registering, and conducting all marriages between Jews in Israel. It requires all Jewish women, as a precondition to their marriage, to immerse in a ritual bath (mikveh); to undergo a course on when and how to conduct their sexual lives with their husbands; and to set a date of their wedding in accordance with their menstrual cycle.[x] The Chief Rabbinate issues directives that determine the way to operate the (state built) ritual baths that service (the bodies of) Jewish women, and has recommended that attendants refuse access to women who are single or divorced.[xi]

The Rabbinic Courts set and interpret all laws regarding divorce between Jews in Israel. According to those courts, adultery on the part of a woman is absolute grounds for divorce; whereas adultery on the part of a husband can be forgiven.[xii] The court sometimes conduct “sex” trials to try to bar a woman from engaging in sexual relations after marriage with a man who may have been her lover; and, should the trial prove the allegations true, the rabbinic court can direct the Ministry of Interior to note the fact on the woman's divorce ruling, thus literally branding her with a letter “A” and “outing” her lover on official state documents.[xiii] Should a Jewish woman commit adultery and bear a child of that illicit relationship, the court can conduct a hearing that will put such child on a blacklist that prevents the child from marrying another Jew (mamzer).[xiv] Moreover, under Jewish law as applied by Israeli Rabbinic Courts, a man can withhold a divorce from his wife indefinitely, infringing on her autonomy and freedom.[xv]

Challenges to the Values of a Liberal, Democratic State

By deferring to the (Orthodox) Chief Rabbinate and its Rabbinic Courts in all matters relating to marriage and divorce, the state infringe directly on the freedom of conscience of Israelis by subjecting them to religious irrespective of their religious beliefs, or lack thereof.

Israelis are not free to marry in the religious ceremony of their choice. Only Orthodox ceremonies are recognized by the state. Conservative and Reform ceremonies are not allowed, though many non-Orthodox rabbis conduct such ceremonies for their constituents despite the fact that those marriages will not be registered by the Ministry of Interior. (Members of Parliament have proposed to make such ceremonies specifically illegal.)[xvi] No civil marriage or intermarriage is conducted in Israel.

Israelis are also not free to divorce in a manner of their choice. Even if they married abroad in a wedding recognized by the state under the rules of reciprocity (thus managing to bypass religious coercion at the wedding stage), if both husband and wife are Jewish, the couple will find themselves back on the steps of the rabbinate at the time of divorce. Recently, a rabbinic court held that such a couple must undergo the religious get ceremony in order to be divorced, and even incarcerated the husband until he gave the get.[xvii] Such order was a gross infringement on the husband's freedom of conscience, not to mention his physical freedom, and ironically, in direct contradiction of halakhic decisors, both in Israel and the Diaspora, who have held that Jewish couples who marry in a civil ceremony do not need a get. The husband had agreed to the divorce and simply wanted a decision of the court declaring that he was no longer married.

Israelis are not free to follow their conscience when going to the mikveh. Recently a young high school woman studying at a well-respected Jerusalem High School asked CWJ to petition the High Court of Justice to order the attendants at the mikveh to allow her to use the facilities when the attendant refused her access because she was single.

A Threat to the Viability of the Jewish Nation-State

One can argue that the Israeli state has effectively, and perhaps inadvertently, rendered “Orthodoxy” as the established “church” of the state of Israel[xviii] or as its official state religion.[xix] This gives voice, authority, and validation to “Orthodoxy” as a reflection of the “Jewishness” of the Israeli nation state, while in reality the (Orthodox) Rabbinate and Rabbinic Courts are not at all concerned with the values and interests of the state,  but rather with what they feel are the values and interests of the pan-national, or tran-national, Jewish people/religion. And the two are not necessarily in sync.

Thus, for the sake of the integrity of both the Jewish people and the Jewish nation, I posit that it is necessary to separate the Jewish “nation” from the Jewish “people,” and leave the imagining of the Jewish nation to its own separate sphere and consideration. This separation is not an easy feat, conceptually or practically, and it is one that has challenged the mighty and great. In 1970, Judge Moshe Zilberg, pondering the question whether one could be a Jew by nationality but not by religion,[xx] could not find a way to separate the two conceptions. He wrote: Nation (leum) and People (am) are synonyms and have the same meaning.”[xxi]

Judge Haim Cohen, on the other hand, understood that one's Jewishness from a religious perspective is not necessarily the same as ones Jewishness from a national perspective and that, when imagining what is a Jewish nation, the courts or whoever else is doing such imagining, must be guided by considerations such as human rights and freedoms. He wrote:

 

The halakha has its place of honor… I can imagine other purely legal considerations, with basic constitutional consideration at the fore, among them basic freedoms and human rights, that must guide a court's steps when it will, in the future, have to decide the question of a persons “nationality.” All of these considerations are legitimate and must move the court, and even obligate it, to decide the issue in a way that is not consonant with laws of religion.[xxii]

 

A Jewish nation, Cohen seems to be saying, must, first and foremost, be one that is consonant with and sensitive to human rights and freedoms.

The Need for a Place in “Civil Society”

While I have made a strong argument to take the Jewish (Orthodox) “religion” out of the Jewish state and its coercive state apparatuses, I would also like to make a strong argument for nurturing and sustaining Jewishness in the “nation” sense as a reflection of the morals and values of the Jewish state. To do this I would not relegate the Jewish religion to the very private sphere of the individual and family. Instead, I would place Jewishness in all its manifestation, as culture/tradition/religion, in the very public sphere of civil society—the space inhabited by voluntary civic, social, and religious organizations and institutions.

I would like Jewish culture/ tradition/religion to flourish in the State of Israel, thus sustaining the Jewish nation. I would even suggest that the state support the various activities of the various civic and social expressions of Jewish culture/tradition/religion without preferring one expression of Jewishness over the other. Israel should become the Mecca for Jewish learning, writing, art, music, and religious denominations of all sorts, including of course Orthodoxy in all its permutations. In the public sphere, and subject to human rights and religious freedom, Judaism would be the cultural capital of all Jews, Israeli and otherwise.[xxiii]

No religion—whether the current Orthodox, or any other variation thereof, be it benevolent Orthodox, Open Orthodox, Reform, or Conservative—should be thrust on the citizen of a democratic state. Today's benevolent Orthodox is tomorrows fundamentalist. The democratic and liberal values of a modern state must allow for freedom of conscience, or reflections of Judaism that may not be the ones that we personally espouse. Only such pluralism and tolerance with keep us together. Forcing all of us into one narrow, square hole for the sake of supposed unity and uniformity, is not working. Instead, it is alienating the great majority of us Jews from both the state and the religion.

Haval, what a shame. We Israelis and Jews of all denominations, including the ultra-Orthodox, deserve a more hopeful, pluralistic, and tolerant reality.


[i]Rabbinic Courts Jurisdiction Law (Marriage and Divorce). 1953.

[ii]See, for example, Convention for the Elimination of Discrimination Against Women (Israel expressly notes its reservations to section 7(b) of the law stating: “1. The State of Israel hereby expresses its reservation with regard to article 7(b) of the Convention concerning the appointment of women to serve as judges of religious courts where this is prohibited by the laws of any of the religious communities in Israel. Otherwise, the said article is fully implemented in Israel, in view of the fact that women take a prominent part in all aspect of public life.”)

[iii]Jerusalem Labor Court File 3252/08, Center for Women's Justice vs Rabbinic Administration (2008) (holding that tender for law clerks issued by rabbinic courts administration was discriminatory and void) (unpublished).

[iv] For example, if a woman has committed adultery, this is grounds for her husband to divorce her.It is not absolute grounds for ordering a man to divorce his wife, especially if he expresses remorse for his waywardness. Multiple wives were permitted in the Torah. Moreover, under Jewish law, men do the divorcing, not women. Women can, at best, ask for rabbinic intervention to convince their husbands to divorce them.

[v] § 179 Israel Penal Code (1977).

[vi]Talmud Bavli Yebamoth 112b.

[vii] In October 2010, the Ministry of Transportation adopted the recommendations of a committee set up in 2009 to deal with the legality of “separate” buses (http://img2.timg.co.il/forums/1_138417519.pdf). The ministry agreed that a person cannot be prevented from sitting in his or her seat of choice on the bus, thus overturning the policy that Egged had adopted regarding this buses since the beginning of the 1990s.

[viii]Dan Gat'z 4128/00 Prime Minister's Office vs Anat Hoffman (2003).

[ix] Cf. Michelle Foucault, Discipline and Punish (1975) (describing how the state has used its power to discipline and punish the bodies of criminals).

[x]One rabbi recently refused to perform a wedding when the bride could not present a mikvah attendant's certification that she had undergone the required ritual immersion

[xi]Apparently a recent directive of Chief Rabbi Metzger disallows the use of the mikvah by unmarried women. The Chief Rabbi's office has refused our requests to see the directives in writing.

[xii]See note 4.

[xiii] See, e.g., Bagatz File 982/04 citing Bagatz File 212/74 P'D 29 (2) 433 (2004) (describing under what circumstances reference can be made to the boel on official documents).

[xiv] The Rabbinate has a “black list” of “mamzerim” who were born of illicit relationships. See http://www.justice.gov.il/NR/rdonlyres/EC880D06-9620-44AC-9CC2-3A1ED52643F8/0/lineage.pdf (directive setting up special courts for minors who are suspected of being mamzerim, signed by Rubinstein and Rav Amar) (January 11, 2004).

[xv] See Jerusalem Family Court File 3950/00, P”M (2001) 29 (2001) (Greenberger, J. BenZion denying motion to dismiss claim for damages for get refusal, Judge BenZion Greenberger, an Orthodox rabbi, explains how husbands who refuse to give their wives a get are also infringing on their autonomy and freedom). J. Greenberger writes:  

Every woman, every person, is entitled to write the story of their life as they wish and in accordance with their choice—as long as they do not trespass into the domain of others—and this is the autonomy of free will…. The aspiration of a woman who wants a divorce to fashion her personal condition as a free person determining her own fate merits every defense as an inseparable part of her dignity as a person. (http://2335666652275703265-a-1802744773732722657-s-sites.googlegroups.com/site/centerforwomensjustice/file-cabinet-test/ETortGreenberger2001.pdf)

 

[xvi] Zevulen Orlev Proposed Amendment of Penal Code (Private Marriages) (2009). www.knesset.gov.il/privatelaw/data/18/1023.rtf.

[xvii] Haifa Rabbinic Court File 587922/5 (Dec. 16, 2010) (ordering incarceration of husband) (unpublished).

[xviii]Jose Casanova, Public Religions and the Modern World (1994), at 47 (defining a national “church” as one whose coercive and monopolistic capacities have the backing of the state).

[xix]See Chief Rabbinate Law (1980). Wikipedia (in Hebrew) (referring to the Chief Rabbinate as the “highest rabbinic establishment” of the state).

[xx] Bagat”z 58/68 Shalit, et al. vs Ministry of Interior and Haifa Registration Clerk, P”D 23 (2) 477–608 (1970) (holding that the registration clerk cannot interfere with a person's discretion to register himself as a Jew by nationality, regardless of whether he was considered Jewish under religious law). Six months after the decision, the Knesset amended the Registration Law to overturn the majority holding in Shalit.

[xxi] Ibid., 494.

[xxii]Ibid., 491.

[xxiii]See Casanova, supra n. 18 (reaching the conclusion, that, should religion have a public dimension, it must be subject to the values of human rights and freedom of conscience).

On Changes in Jewish Liturgy--a book review

On Changes in Jewish Liturgy

Options and Limitations

By Daniel Sperber

Urim Publications, 2010, 221 pages          

This is the second recent volume where Daniel Sperber, professor, rabbi, author of thirty books and more than four hundred articles, a leading expert on Jewish laws and customs, addresses what many consider deplorable treatments of women in Judaism.

The earlier book, Women and Men in Communal Prayer, treated the exclusion of women from being called to the reading of the Torah, called aliyot, in Orthodox Jewish synagogues. It offered the opinions of four prominent, well-respected, and articulate men, rabbis and scholars. Two, including Sperber advocated changing the current practice to allow women to participate more than presently. Two opposed the change. All four approached the issue from “halakhic perspectives,” meaning that the authors articulated opinions based on the precedents of past rabbinic rulings.

Sperber, as is his custom, presented a host of examples to support his view that the concept of “human dignity” should trump all arguments that disallow full participation of women in the Torah reading service. He did not contradict Jewish halakhah (law), but argued that the concept of “human dignity” is a vital part of halakhah. He uses the same historical halakhic approach in this volume. He shows that the law is not what people think.

This volume asks: can changes be made in Jewish prayers? Sperber examines many prayers, including the three blessings that are part of the introduction to the morning service, prayers that set the daily mood.

The origin of these “blessings offensive to women” is a statement by a second century CE rabbi in the Babylonian Talmud, Menakhot 43b:

It was taught: R. Meir says: A person (read, man) must say three benedictions every day, and these are they: “who has made me an Israelite (meaning, a Jew); who has not made me a woman; who has not made me an ignoramus.” Rav Aha bar Yaakov heard his son reciting the blessing, “Who has not made me an ignoramus.” He said to him: Why do you recite this blessing? Surely the ignoramus is also obligated in mitzvot.

Rav Aha advises his son to substitute “Who has not made me a slave.”

Should these prayers be recited as they are written because they are a Jewish tradition? Are they sacred because they were unchanged for two millennia and were repeated in this format by generations of Jews? Are Jewish prayers never changed? Sperber shows with dozens of persuasive examples, and with footnotes as long as the text itself, for those readers desiring further proof, in a dispassionate, scholarly, and easy-to-read manner that the answer to all of these questions is “no.”

He cites early talmudic sources showing that rabbis were sensitive to the feelings of women and disliked Rabbi Meir’s blessings. Remarkably, he discloses that the source of the blessings is not Jewish at all. Parallel Greek benedictions “are found in Greek classical sources, specifically in the writings of Plato and Aristotle, and in other Greek sources from the fifth century BCE,” some seven hundred years before Rabbi Meir.

                        Blessed are You Who made me an Athenian and not a barbarian.

                        Blessed are You Who has made me a man and not a woman.

                        Blessed are You Who has made me a free man and not a slave.

Sperber quotes many alternative versions of the Jewish wording written by rabbis who saw that “the Jewish prayers were deemed offensive to women.” He quotes also a host of examples of the changes made in other prayers. For example, he sites “nineteen (!) different versions of R. Meir’s first blessing, ‘Who made me an Israelite.’” He notes that our current prayer book changed Rabbi Meir’s blessing from a positive to a negative statement, “who has not made me a heathen” and that the prayer book has a new alternative version to “who has not made me a woman” that women can say, “who has made me according to his will.” So changes do occur.

In fact he sites many examples of changes, such as many different versions of the very important daily amidah prayers. He notes that different groups of Jews, Ashkenazim, Sephardim, Oriental, Chasidim, Mystics, and others have different wordings of prayers and even made substitutions. He cites the first Lubavitch Rebbe rewriting many of the prayers. He mentions the new prayers such as the prayer for Israel, America, Israeli soldiers, Israel’s Independence Day, and others. He tells about the insertions by poets of piyutim and tehinot, poems and supplications, into the prayer book and the changes made by printers. He reminds us that half of the Friday evening service, called Kabbalat Shabbat, is a sixteenth century invention of the mystics to Safed in Israel. He tells tales of mystics changing prayers so that the number of letters and words would suggest their notions of mystical lessons. He recalls that many prayers are different today because of Christian censors. These are just some of the multitude of alterations that he relates.

Thus, Sperber makes it crystal clear that past changes made in the prayer book show that changes are allowed. As an Orthodox rabbi, he concludes that a person should not “alter the text of the prayers in accordance with his current state of mind. Of course, this is not feasible, nor is it our intended message. We are speaking only of changes mandated by communal needs, major historical events or broad sociological changes.”

Is it enough, is it sufficiently sensitive and humane to allow women to say “who has made me according to his will” while encouraging men to thank God for not making them a woman?

New Family?

Together with some friends, I’ve established an organization called KayamaMoms. I’m religious, 40 years old and unmarried and I would like to have children. Like me, there are thousands of women in Israel and the rest of the world who have dreamed their entire lives about having a family but unfortunately have not yet found the right partner.

I won’t hide from you that today’s topic is very personal. As it happens many times in life, my own experiences have led me to realize that there is a collective social obligation on us to bring this matter out in the open and to enlist society, and specifically the Jewish world to this important issue. I don’t pretend to be objective; however I sincerely hope that even those who are not in my shoes will understand and empathize with us, as there is an objective problem in the Jewish community.

From the Torah we already learn that the quest for children is existential, permanent and deep; it pushes many women, including our Foremothers, our heroines, to act in ways that are almost above human capacity.

Rachel says to Yaakov: “Give me children or I shall die”. On this, Rashi says that the person who does not have children is considered dead. Ramban on the same verse says that what Rachel meant was that if she didn’t have kids she would kill herself with sorrow. We know that Yaakov was angry at Rachel for seeing her purpose in life in her “Eve” aspect of herself (i.e. – bearing children) and not in the “Isha (woman)” aspect of herself (i.e. fulfilling all the other womanly goals). Some Midrashic commentators criticize Yaakov for this reaction. Rabanan Droma in the name of Rabbi Alexandray wrote: “Yaakov was angry at Rachel…” Hashem answered him: This is how you answer women who are feeling such pain? – Your punishment will be that your sons will stand in front of her son (Yosef).

Chana who prays while "muttering "to herself and is accused by the High Priest of being a "drunk woman," defends her plight and continues to pray. And of course, it is only too appropriate to read the Gemara in Masekhet Berakhot in this context. It says in Shemuel I: “Chana is talking about that which deals with her heart” – “says Rabbi Elazar in the name of Rabbi Yossi ben Zimra: She was talking about what her heart was experiencing. She said to Hashem: Hashem – everything you’ve given to a woman was not in vain: You’ve given her eyes to see, ears to hear, a nose to smell, a mouth to talk, hands to do work, legs to walk, breasts to breastfeed: The breasts that you’ve placed on my heart – why should I not breastfeed? Give me a son so and I will breastfeed him! Elkana, her husband, doesn’t understand her pain and says to her: “I am better to you than 10 sons”.
Society does not always understand a woman's need to bear children, while women throughout history felt the importance of having children and fought for it.

Let us consider some realities in our world today.

First, there is a higher ratio of women to men resulting in a larger number of single women than "available" men. Second, these women approaching 35 – 40, feel pressured because of their dwindling fertility rates while the men of corresponding ages do not feel such pressure.

How are women meant to deal with this gap?

Many women in the religious Orthodox world are now considering single motherhood by choice.

When women my age consider this bold step, there are many aspects that they must consider: Halakhic, psychological and medical.

Let me start with the Halakhic considerations:
There are sources that are brought forth by organizations like Puah that state that becoming a single mother by choice, even by medical intervention only, is an act of prostitution that negates ‘love thy neighbor as yourself.’ They call this step “an unacceptable intrusion upon the authority of the Torah”, and add that “new” is forbidden by the Torah.

I think we need to employ some logic here. For instance, how is the use of donated sperm and IVF an act of prostitution? As for ‘Love thy neighbor as yourself’, we must look a little more broadly at this and consider the research that has been done on single parent families. In any case, why does the phrase ‘and you shall love your neighbor as yourself’ not also cover the thousands of women who will remain childless?

As for “new” being forbidden by Torah, each woman needs to consider to which community she belongs and whether belonging to that community is good for her.

The Halakhic issue of Yihus, status and lineage, also seems to come up here. But Rav Moshe Feinstein is of the opinion that a married woman is allowed to take sperm from a non-Jew. So how is it that there’s no problem with lineage in that case? And we know about many other cases where married women take donated sperm from a non-Jew, with Rabbinic permission. One of our members, Dr. Dvori Ross, did a full, important and very interesting research on the Halakhic sources and you are all encouraged to examine her research.

In the Talmud Tractate Yevamot 85b, there is a discussion on the issue of ‘be fruitful and multiply’. There is a question on whether the obligation to have children is only on the man or on the woman as well? Rabbi Yohanan ben Beroka says that the Halakha applies to both women and men, while the other opinion states that the woman is not obligated to have children as ‘conquering is not a womanly way’. The next section states that "conquering” is both on women and men (as it is written in the plural form). The final conclusion is that according to one opinion Halakha follows Rabbi Yohanan ben Beroka, while the other opinion states that Halakha does not follow Rabbi Yohanan ben Beroka.”

The tractate goes on to describe the case of a woman who asked for a divorce after she was married for ten years and did not have children. Rabbi Yohanan asked why she wanted a divorce since it was not she who had not fulfilled her obligation (i.e. she has no obligation to have children). She responded, ‘what will my fate be in old age? Who will look after me?’

What is clear from these and other sources is that there is at least one opinion that states that women are obligated when it comes to the verse ‘be fruitful and multiply’ i.e. to have children. Furthermore, even according to the opinion that she isn’t obligated to have children, her right as a women is valued with very high regard and she is able to request and receive a divorce.

The Meshekh Hokhma explains that the reason there is no obligation on a woman to have children is because Hashem’s judgments and His ways are ‘pleasant and all His ways are peaceful’; thus, you don’t force anything upon a woman that is difficult and dangerous for her. And so, according to the Meshekh Hokhma, before the sin of Adam and Eve the woman was obligated to procreate (as well as the man) as the verse ‘p’ru urvu’ is written in the plural, but after the sin when ‘be fruitful and multiply’ is written in the story of Noah it says ‘and He Blessed Noah and He blessed his sons’, which means that the commandment was then only on men. To summarize, when giving birth was easy, women were also obligated to have children, but once it became difficult and dangerous they were no longer obligated.

A special thank you to Rabbi Benny Lau for these sources.

There is an additional issue here and that is the fear that siblings (of children born through IVF) could inter-marry, and therefore, a lot of Halakhic authorities prefer that women use sperm from non-Jewish men rather than from Jewish men, as there is no issue of family relationships amongst non-Jews. Another Halakhic option is to use sperm from a Jewish man who is not anonymous.

Rabbi Yuval Cherlow sums up the Halakhic issue thus: ‘when a woman reaches the age where the chances of parenthood are expiring and when she has made all the efforts to get married and was not successful, one must not, according to Halakha, deny her hope’.

The Psychological Voice

Concern for the welfare of the child, the ‘you shall love thy neighbor as yourself’ if you will, must, of course, be examined.

There are those who say that becoming a single mother by choice involves a lack of consideration for the child, and is egotistical. Even if this were true, and I don’t think it is at all true, is it really that different from children born to a bad marriage where the reason to have the child is to unite the parents? Is it so different when children are born to couples with no money to raise them? Where is the concern for the child in these cases?

There is research that states that single parenthood does not have that significant a negative impact on a child growing up.

Michael Lamm, Professor of Psychology, Cambridge University writes that what is important for the child is not the presence of one or two parents as they grow up, but the quality of relationship with the parent, that the child feel supported and lives in a harmonious atmosphere in the home.

There is even research that suggests that children brought up with one parent can be more successful long-term than those brought up by two parents. In her book, ‘Choosing Single Motherhood,’ Mikki Morrissette suggests that many single mothers go further than their attached counterparts to find male role models for their sons, like grandfathers, uncles, godfathers, friends and teachers. Morrissette describes these as ‘collected families’ which give boys a broader variety of positive male role models. She also suggests that often boys of single mothers learn to deal with their aggression with more empathy than sons in traditional families. She asserts that these boys have a wider circle of interested parties and friends and thus they deal better with conflict and are often mature for their age. She has based these findings on research carried out over ten years focusing on sixty children who grew up without fathers.

Of course, as with everything, there are different opinions, but it is important to consider these details and remember that this conversation is about older, more mature women, women who are responsible, grounded and settled. We are talking about women who really really, from the depths of their souls, want these children, who want to give and bestow love. In comparison to the rest of the population I’m not sure how many come to motherhood from that place.

The medical challenges:

Usually, the chances of a woman over forty having a child is lower than 10% and of course the chances get smaller as the time goes on.

Today, the law in Israel that initially did not allow single women to freeze eggs, now does allow women between the ages of 30-41 to freeze eggs. One could therefore think that all our problems are solved. Thanks to the option of egg freezing it seems those women are now able to beat that omnipresent ticking clock. The trouble is that, in many cases, the closer a woman is to forty the more arduous is the process to become pregnant. The chance of pregnancy from a frozen egg is 17%. It is true that today there is new technology that boasts very high success rate for freezing eggs but we have to remember that only 17% out of 2-3 of these ovum end in a pregnancy. Additionally, a woman who freezes eggs and then waits is limited to the number of eggs that she had frozen. Despite the advances in the methods of freezing eggs, all experts agree that past a certain age (generally 40-41), there is a much higher rate of success to try and become pregnant through IUI or IVF. Also frozen embryos have higher rates of success than frozen eggs.

Let’s also remember that the price of this process is at least 15,000 NIS. The older the woman, the higher the cost and it can be up to two or three times more. In Israel, the medical process to become pregnant even with fertility treatments is covered by national insurance including for single women.
Another issue to consider is whether it is good to wait even longer to conceive, despite this now being technologically possible, and to be mothers at forty-five or fifty. Do we really want our children to be looking after us all their lives?

Despite everything I’ve said, it is very important for me to state clearly that we are not in any way coming from a point of creating a ‘new family’; that’s why we put a question mark at the end of the title of this presentation.

We at KayamaMoms believe in the traditional family unit as the preferred unit. I doubt there is anyone who would choose single motherhood over married parenting. But as you’ve seen the number of singles is growing and, to quote Rachel again, the deep ‘Hava li banim’ ‘Give me children – otherwise I will die’ desire only grows more intense.

Therefore, we at KayamaMoms, are creating a supportive and sustainable community that empowers women who have already decided to take this bold step and will provide advice and guidance to women who are thinking about becoming single moms. The organization will create seminars, including a question and answer evening with rabbinical leaders including Rav Benny Lau and Rav Yuval Cherlow as well as psychologists and doctors. We will also be organizing Shabbatot, including a singles Shabbat for single mothers, in the hope that finally everyone gets married.

It is also important to point out that a bad marriage doesn’t provide a good family life for children, and therefore we do not encourage anyone to ‘get married, have children and then think again about the relationship’; this is not an idea that’s good for anyone.

Single parenthood is not simple. It is the giving up of a dream that we all grew up with, and as we give up this dream we usually have to mourn its passing. Single parenthood isn’t for everyone, either. We at KayamaMoms will encourage women to consider this amazing option, to understand that the clock really is ticking and that the decision not to make the decision, might end up being the final decision.

Within the framework of KayamaMoms we will also actively try to change the laws regarding adoption that currently make it extremely difficult for single women who might prefer to adopt. We see adoption as a very noble and important act.

We will also work to equalize the prices of freezing eggs for single women to that of married women so that we don’t create a situation where singles become a disadvantaged group.

I am also aware that our community makes an effort to help singles get married. There are many different marriage orientated websites and believe me when I say I know every single one of them well, but I’m afraid that this wave, or tsunami, of single women who are growing older, is only increasing.

We also hope that KayamaMoms will help to raise awareness, so that people in the Jewish community work harder to introduce those around them towards matches that end in marriage.

Youth Education in Orthodox Synagogues

An Orthodox synagogue finds itself in an unusual position as an educational institution. Although there are growing numbers of Conservative, Reform, and multi-denominational Day Schools, it is often a synagogue-based religious school that provides the primary Jewish education for non-Orthodox youth. An Orthodox synagogue, however, has no such imperative, since most of its constituents send their children to Day School.[1] The Orthodox synagogue may ask itself: if our children already attend a Jewish Day School, what is our further role in Jewish education? The problem is that this question is not even asked.

Why isn’t this question asked? Many parents are satisfied as long as there is something for the children to do while the adults pray. Other parents expect the synagogue to reinforce what the children learn in school, but do not expect it to add anything to their children’s Jewish development. Often, the youth programming at an Orthodox synagogue is of a social nature. At best, the Shabbat morning groups offer a place for the children to pray at their own pace, and at worst they provide glorified babysitting.

An Orthodox synagogue can, and should, see itself as a serious educational institution, even if it does not have a formal religious school. In order to do that, as members and staff of Orthodox synagogues, we must challenge our assumptions about children at synagogue. We must think outside the box—in fact, outside of several boxes. I have framed the conversation below in terms of four of these “boxes,” which represent our assumptions and the resulting limitations we place upon ourselves. Some of these ideas represent efforts I have implemented at my own synagogue in Chicago, while others are dreams and musings of what could be possible. The goal is not to be exhaustive, but to stimulate conversation and to help us rethink what we assume to be true about children and synagogue. Once we free ourselves from these assumptions, we can think creatively about what children can gain from their synagogue experience. We can build innovative models of synagogue youth education.

 

Box #1: We think like a school.

 

One of the biggest advantages of providing Jewish education in a synagogue context is that a synagogue does not have the constraints of a school, such as grade levels, testing, and curriculum requirements. This may be obvious—“shul” is not school![2] So then why are we thinking like a school? For example, why must our youth groups be organized by grade level? There certainly are advantages to dividing children by age: they share a similar level of knowledge and ease of social interaction, and it also is the easiest way for everyone to know which room to go to. But the grade model might be an unnecessary limitation for a synagogue.

What if we organized the youth groups by neighborhood? What if each Shabbat morning children of a range of ages, who live near each other, gathered together to pray and learn together? What if each child in grades K–6 was paired with a child in grades 7–12 who lives in his or her own neighborhood, and these partnerships formed a mentoring relationship? In small groups, the older children would teach the younger ones, under the guidance of a well-trained educator, who would guide and facilitate these interactions. What if these children then saw each other later that afternoon on their block where, on long summer Shabbatot, they would gather in someone’s home for hevruta learning and Seudah shelishit? This is just one possible model, but we can simply recognize that there are many ways to organize the children into groups, and the grade division is just one. Once we let go of the assumption that “shul” needs to think like school, we open up richer and more creative ways of engaging the children.

The youth program could also tap into what is perhaps a synagogue’s greatest asset—the synagogue’s membership. This includes, but is not limited to, parents and grandparents who would be eager to participate and offer their presence and expertise. Young adults in the community are ready role models for teens especially. We have one older member of our congregation whose family has been with the synagogue for five generations. He possesses a wealth of knowledge about the congregation’s history, and some wonderful anecdotes about former rabbis and deceased members. He accompanied our B’nai Mitzvah group on a hessed outing to help clean up the synagogue’s cemetery, which is over 100 years old. He was able to regale the children with stories of past members and give them an appreciation of the heritage of our community. What a treasure.

 

Box #2: Just as long as the kids enjoy coming to synagogue…

 

I recently asked a parent (not a member of my synagogue) what she hopes her children will gain from the Shabbat morning youth program at her synagogue. She presented me with something of a hierarchy of goals. First and foremost, she said, it needs to keep them out of my hair so that I can pray in peace. If they enjoy it enough to make them actually look forward to coming to synagogue, all the better. And if they even gain something educational from the youth groups, then that’s wonderful.

Why have we set the bar so low? Shouldn’t we expect the synagogue to actively contribute to our children’s growth as Jews? Even in the best-case scenario, synagogues place unnecessary limitations on the education they offer. Some provide an extensive Tefillah program, where the children pray together at an age-appropriate pace, increasing the number of Tefillot as the children get older. In addition, they may talk about the parasha or play a game. These certainly are positive things for children to do, and these activities reinforce the skills and knowledge the children are already gaining in school. But can’t we offer education that children are not already receiving elsewhere[3]?

The synagogue is a place that is ripe for compelling and immersive Jewish experiential education. Encourage the children to ask their “big Jewish questions,” to explore ideas that their teachers do not have time to cover in school. Even within a parasha discussion, have the children get up and act out the characters in the story, or ask them what they might do in the same situation. One of the favorite games that our children like to play is “Agree/Disagree,” where the youth leader makes a statement (for example, “All Jews should make aliya, and the children respond by voting with their feet—standing on one side of the room or the other to demonstrate whether they agree or disagree with the statement, or anywhere in the middle to show where their opinion falls on the spectrum. They then defend their stance, which leads to rich conversations, and gets the children thinking about important Jewish issues.

If children are spending their time in engaged in these innovative and creative activities, when do they pray?

It is not necessary to eliminate praying from a youth group program. One can split the time wisely, or even weave some of these creative activities into the praying. However, there is another option: children can pray where the adults do. Which leads us to…

 

Box #3: Children and adults pray separately.

 

Most children who are readers are able to sit in synagogue and pray what they know. Even my two-year-old notices when we say “Shema,” and she covers her eyes and approximates the words. I recall that when I first knew the aleph-bet, I would sit with my mother for a few minutes and “daven,” reading the aleph-bet that was printed in the back of our siddur. After that, I could go outside and play with my friends. (Our tiny shteibel had no youth programming to speak of.) Sitting in synagogue is the best way to teach children about praying, and to show them the ways that the Tefillah is different on Shabbat than during the week. Bringing a book and a quiet snack also teaches children synagogue-appropriate behavior—to sit quietly and be respectful. Each parent knows his or her child, and knows what length of time is appropriate for that child. Bring your children to synagogue before groups start, and spend some time together in the sanctuary.

The youth groups can be designed to assume that children will be in synagogue with their parents beforehand. At our shul, we encourage our B’nai Mitzvah group (the 6th- and 7th-graders) to arrive for at least part of Shaharit and Torah reading. About halfway through Torah reading, the group meets for what we call “Tefillah Off the Deep End.” They start by praying Mussaf together, then break for a short Kiddush of their own, and finally engage in meaningful and “deep” discussions, often driven by their own questions.

It is a shame for children to experience synagogue in a vacuum, away from where synagogue happens for the adults. When they walk in and go straight to groups, and get picked up by a parent at the end, they never set foot in the sanctuary and never grow to understand what actually happens in a Bet Knesset. There are many ways to integrate children into the sanctuary. Our Yeladeinu group (1st- and 2nd-graders) comes into synagogue at the end, and sits together for the completion of services. They’ve learned to follow Ein K’elo-heinu and Aleinu, and they are even beginning to learn Anim Zemirot simply by hearing it each week. One rabbi I know has a “Bring Your Child to Shul Day” to encourage children to arrive before groups start. During Torah reading, he asks parasha-related trivia questions before each aliya, and the children search for the answers as the aliya is read. This is a great way to teach children to follow Torah reading, and to help them feel comfortable in the sanctuary.

An unexpected benefit to having children in the sanctuary is for the adults. There’s nothing like a child to make an adult take his or her own synagogue experience more seriously. When we are aware that the children are looking to us as models, we are challenged us to be our best selves.

 

Box #4: Youth Education is the job of the Youth Director.

 

I have encountered rabbis who are not tuned into what the children are doing in their synagogues. A Youth Director would benefit greatly from guidance and vision of the Board, the rabbi, and other stakeholders. Synagogue activities often operate in silos—the youth program, the hessed committee, and the adult education classes, for example, have minimal interaction. Instead of each one operating in its own bubble, these functions can coordinate their efforts. If the social action committee is organizing a drive for winter coats for the homeless, then have the children learn about the concept of a sukkah as a temporary dwelling (coordinate the timing with Sukkot), and think about those who do not have permanent homes. Offer a similarly themed class to adults on an appropriate level. Have the children participate in the coat drive, along with the social action committee.

Ideally, the youth education, as well as every other area of programming, is an extension of the mission and vision of the synagogue itself. The Board should give the Youth Director its mandate, to reflect the goals and values of the institution. The Youth Director often feels like they have the lowest job on the totem pole and that community members don’t respect the position. I believe this can stem from a lack of support and input from the synagogue stakeholders. The Board should engage the Youth Director as a partner in the synagogue’s growth in carrying out its mission.

 

Challenges

 

Our Sages teach us, “Emor me’at v’aseh harbeh” (Say little, and do much). It is easy to pontificate but harder to take action. Challenging the status quo is especially difficult when the general sentiment is that everything is “fine.” The children like coming to synagogue, and they’re even praying a little… what’s the problem? The greatest challenge is tapping into our creativity, peeking outside these constricting “boxes” and asking the question, “What if?”

It might also be challenging to motivate the children to actively engage in creative and thoughtful activity at synagogue. Jewish Day School students often see synagogue as a break from learning. They look forward to hanging out with friends or getting a good snack. However, children respond when they see that their time is being well-spent, and that they have much to gain. At our shul, I have parents who tell me that their kids jump out of bed on Shabbat morning because they don’t want to miss their group. For many children, however, jumping out of bed on Shabbat morning for anything will entail a real paradigm shift.

Often, the difficulty of motivating the children stems from the parents. Adults have a variety of reasons they come to synagogue, as well as their own baggage about what it has or hasn’t been for them. Parents who want their children to be happy about going to synagogue often hesitate to make it a requirement for their child. They worry that if they force their child to attend the youth group, it will make their child resentful. Some parents may recall their own feelings of being forced to go to synagogue when they were young, and do not want to recreate that for their children.

The problem with parents bringing their children very late, or not at all, is that they are depriving their children of the opportunity to develop an appreciation for the synagogue. How can your children enjoy something they barely get to experience? By trying to ease up on their children, parents are depriving them of a formative Jewish experience. Instead, parents should focus on modeling the desired behavior. Show your children how important it is for you to go to synagogue, and show that you are going in order to pray and to learn; that will send the message loud and clear that synagogue is worthwhile. If parents see the synagogue as place of growth and Jewish development, children will do the same.[4]

There are also some logistical challenges. In order to create a real youth education program you need real educators. Appropriate staffing can be difficult. Often, high school students are the ones running the Shabbat morning youth groups, but that makes it hard to create and implement high-level programming. At our synagogue, we hire graduate students and young professionals who are experienced educators to run our Shabbat morning program. However, in order to retain this level of employee, you need to pay well. We have made the commitment to pay them as would a competitive urban Hebrew school. That means devoting significant funds to the youth program.

 

What Lies Outside the Box

 

In the face of these challenges, it is extraordinarily helpful to constantly remind ourselves of what creative and engaging youth activity could look like, and where it can lead young people. One recent Yom Kippur, I had a group of middle schoolers arranged in the four corners of a classroom. I had asked them to stand in whichever corner represented their own metaphor for God: parent, monarch, best friend, or guide. Only one girl stood in the corner that represented God as a best friend. When I asked her for her thoughts, she said: “I think of God as my best friend, who knows what I think and is always on my side.” I was genuinely moved. To go from this exercise into an examination of the “Ki anu amekha…” prayer, where we lay out numerous metaphors for the relationship between God and the Jewish people, enriched the discussion immeasurably. If we can create this kind of atmosphere of curiosity and thought for our youngsters, they will grow up feeling more connected to the synagogue and to their Judaism, and will be ready to contribute to our community.




[1]Although there are numerous Orthodox children who do not attend Day School, for the purposes of this article I focused on synagogues where the vast majority of the children attend Jewish Day School. A synagogue with a mixed population of Jewish and secular schools faces a different set of challenges.

[2]It is, however, interesting to note that the colloquialism “shul” comes from the German/Yiddish word for school.

[3]I have chosen not to dwell on the idea of summer camp, but it certainly is another source of valuable Jewish education. Non-Orthodox summer camps have succeeded in being high-level immersive Jewish education. Orthodox camps also provide valuable experiential education although often not as thoughtful or thorough, but not every kid goes to camp, and shul can still supplement and offer what camp does not.

[4]The problem, of course, is that synagogue often is not sufficiently engaging for adults either. Another conversation for another time…

The Future of Israeli Hareidism

 

No issue in Israeli public life arouses the range and intensity of emotions as does anything relating to Hareidim and Hareidism—the terms used for the “ultra-Orthodox” and their lifestyle. [1]  A typical discussion on any Hareidi-related issue is laden with ideology, dogma, and opinion, but short on facts, let alone hard data.

The sad reality is that most Israelis, including most dati-leumi (National Religious/ Modern Orthodox) Israelis, relate to Hareidim with a mixture of fear and loathing—and even hatred generated by that potent mixture. Hareidim feel much the same way about secular Israelis and, very often, about religious ones too. The mutual antipathy stems from the concern on each side that the other will seek to impose its views and lifestyle.

Yet this stereotyping tends to break down at the individual level. Thus, although the average Israeli will express strong negative views about Hareidim in general, s/he will often feel warmly toward Hareidi individuals he knows through family, community, or work connections. This is a positive and hopeful feature in a generally bleak picture, which carries important implications for the future—assuming Hareidim become more involved in, and even integrated into, the wider society.

That assumption is a critical issue—not just for the future of Hareidi society, but for the very existence of the State of Israel. I will argue here that the future is one of greater integration, but that outcome is far from assured. If the Hareidi sector of society adheres to the ideology of separation—which has been one of its bastions and sources of strength and which has, at least in some respects, intensified in recent years—then the tensions between the wider society and the Hareidim will be exacerbated, and the suppressed conflicts will likely become steadily more overt and possibly violent.

That negative scenario is much less likely, but it is essential to understand why. The reason is that the primary source of friction between the Hareidi and non-Hareidi sectors is no longer cultural, let alone ideological. In a postmodern society such as Israel, the acceptance of numerous lifestyles is increasingly the norm (even by Hareidim, as their self-defeating struggle against gay parades in Jerusalem illustrated very clearly). Most non-Hareidim therefore have no problem with Hareidism for Hareidim, although they obviously don’t like it or want it in their backyard. However, this acceptance is subject to two important conditions: that the Hareidim do not attempt to impose their values and life-styles on non-Hareidim, and that the Hareidi community and its lifestyle is not paid for by non-Hareidim. 

It is the first of the issues—perceived attempts by Hareidim to impose their mores and values on others—that generates most of the heat and light popularly associated with “Hareidi/ secular” clashes. Travel on Shabbat, gender separation on buses—these are the classic issues that have led to bitter and sometimes violent confrontations. But these are trivial matters in the wider scheme of things. At the macro level, the clash between the Hareidi sector of Israeli society and the non-Hareidi majority has been over resource allocation, which, in plain language, means money—but also manpower (because labor is also a resource, and a critical one at that).

As soon as the Hareidi/ non-Hareidi “clash” is put in those terms, it becomes more amenable to resolution. After all, in every country different groups and sectors of the population vie for “shares of the pie.” The competition may be between rich and poor, old and young, country versus city—each country has its own characteristics, but none is devoid of rivalry. In a democratic society it is the electoral process, which enables citizens to choose between the platforms of political parties, that provides a mechanism whereby that society decides how to divide up its proverbial pie. Each group’s starting point is that it deserves more, for whatever reason—but every group must relate its demand, either implicitly or explicitly, to its contribution to the overall society.

 

The Hareidi “Problem”—Burden or Blessing?

 

The singular feature of the Hareidi sector is that it bases its request for a growing share of the national pie on a contribution that the non-Hareidi majority does not recognize. The Hareidim claim, as an article of faith, that their contribution of studying Torah full-time is equal to, if not greater than, that of the majority who serve in the army and work for a living. For reasons that will be explored below, the non-Hareidi majority have acquiesced to an arrangement whereby Hareidi young men are not conscripted into the Israeli Defense Forces, nor do they join the labor force and engage in economic activity. Instead, they remain in a framework of institutions devoted to Torah study, encompassing secondary and tertiary education and developing into open-ended “post-graduate” studies in kollels for married men.

However, this acquiescence on the part of the political leadership of non-Hareidi Israelis does not reflect acceptance by them—let alone by the general public—of the principle that adult Torah study is an equivalent contribution to work and/or army service. Consequently, the growth of Israeli Hareidism has generated a widespread feeling that “the burden”—the financial burden of paying taxes, the economic burden of making the country self-supporting, and, above all, the physical/existential burden of defending the country—is not shared, and that the Hareidim do not pull their weight but rather live a parasitic existence, paid for and defended by their non-Hareidi compatriots. 

But since the highly democratic Israeli electoral system allows the Hareidim to express their beliefs and pursue their demands via political parties in the Knesset, and since the political system results in coalitions in which these parties are usually members—and since the Hareidi political parties’ primary raison d’être is to channel budgetary allocations to its constituency—the result has been that the Israeli public has continued to pay for the maintenance and expansion of Hareidi society.

To suggest that this is going to change is considered by most Israelis today as naive, ridiculous, or proof that the suggestor is detached from Israeli reality—or all of the above. Indeed, it is now universally accepted by informed and educated Israelis that the Hareidi population poses a major problem, even a threat, to the socio-economic well-being of the State of Israel—and hence to its existence. No serious analysis of the country, its society, economy and political structure, can or does fail to make this point. Even foreign analysts have “discovered” the Hareidi problem, which now features in analyses produced by the OECD and the IMF, as well as reports in the Economist magazine, The New York Times, and other important international news media.

The existence of so broad a consensus is a strong indication that the view it presents is very likely to be wrong. To the contrarian analyst, the only time you can be sure of anything is when there is unanimity among the experts about that subject. In particular, if the accepted wisdom is that something is a serious problem that seems intractable, then you can be fairly confident that it’s going to be all right. This general rule applies to the problem posed by Israeli Hareidism.

If I therefore move straight to the bottom line, my conclusion will be that the Hareidim are going to be integrated into the Israeli economy and, to a lesser extent, into Israeli society. This long and difficult process is already underway and is picking up speed. It is being driven by forces both from within Hareidi society and outside it, so that although the initial impetus for change may have been imposed on the Hareidim, today that is not the case. If anything the opposite is occurring: Change is being driven from within, by a new generation with a new mindset.

Last but not least, this conclusion does not mean that Hareidism is going to disappear, or that the Hareidim are going to become irreligious, or “Modern Orthodox,” or anything else. Hareidism of one sort or another is a permanent fixture within the spectrum of views and behavior that comprises Judaism, at least in the modern era. It can and will adjust, as it has done several times—despite the Hareidi mythology that they and their lifestyle are unchanging—and it is in the process of doing so again. This is tremendously good news for the Jewish people as a whole, for the State of Israel, and for the Israeli Hareidi community.

 

Mythology Meets Reality

 

Before analyzing the process of change underway, it is essential to review how we arrived at the current state of affairs. Along the way, we will discover how and why the process of change started some years ago.

The Hareidi problem, stripped of its emotional and religious over- and under-tones, boils down to one of demographics and economics and the relationship between these two areas. From an economic point of view, any society can afford—if it so chooses—to provide special privileges to a small group within it. In many societies, ancient and medieval, this group was the priesthood or clergy. The Torah itself adopts this concept by designating the tribe of Levi as the privileged group to be supported by the wider society in return for devoting itself to religious duties, both in the Temple and throughout the nation. Mainstream Hareidi ideology uses the Levites as an example and role-model for the position Hareidim wish to assume within Israeli society.

The concept of a small group of devoted scholars, engaged in keeping the flame of traditional Jewish study alive after the annihilation of the European Torah centers during the Holocaust, was accepted by Ben-Gurion and other secular leaders in the 1950s and provided the justification for the two key privileges granted the then-tiny Hareidi sector, namely the exemption of dedicated yeshiva students (and all religious girls) from army service and, even more importantly, the creation of a separate education stream for the Hareidi sector. At the time, these seemed to be minor concessions and did not attract significant attention; the cost, in social, military, and economic terms, was negligible.

However, two dynamics combined to change the relative position of the Hareidi sector within the wider society, and, consequently, to change the attitude of the silent majority of the population with regard to Hareidi privileges from one of passive acquiescence to increasingly vocal opposition. The first of these was demographic: Over time, the birth rate in the Hareidi sector rose dramatically, as this society adopted early marriage and large families not merely as social mores but rather as key cultural values. At the same time, the birth rate in the general population, especially the Jewish population, was declining as the immigrants from Europe and the Arab world adopted Western mores. The inevitable result was a steady rise in the relative size of the Hareidi sector within the overall Israeli population, from a negligible level at the foundation of the state to a small but noticeable minority by the 1970s.

This period—roughly the first three decades of Israel’s existence—is viewed today by many older Hareidim as a “golden age.” From their weak and marginal position in society, firmly planted in political opposition to the ruling Labor-left coalitions, the Hareidim were forced to struggle for anything they needed. Their small numbers and shared goals and needs forced them to work via a single political party—Agudat Yisrael—to protect and expand the privileges they had obtained. Their religious leadership, comprising a handful of outstanding personalities who had survived the Holocaust and were now dedicated to regenerating Hareidi life, focused their efforts on education as the means to produce a new generation committed to living by the old values and verities. Money was scarce, for the country as a whole and especially for the marginalized Hareidim but—as in the wider Israeli story—much was achieved, thanks to determination, focused efforts, and inspiring leadership.

In 1977, the second dynamic came into play. The “political upheaval” of May 1977 ended the hegemony of the Labor-left and brought to power a Likud-led center-right coalition. The new Prime Minister, Menachem Begin, invited Agudat Yisrael (AY) to join his government—and the invitation was accepted with alacrity. AY maintained that it could not accept ministerial positions because that would require accepting responsibility for government decisions and activities it could not approve of; instead, its representatives took deputy ministerial posts and other positions, notably the chairmanship of the Knesset Finance Committee, through which they became instrumental in making key policy decisions. More importantly, from the narrow sectoral perspective through which AY viewed its involvement in national politics, its entry into government and its prominent position in budgetary affairs allowed it to massively increase its access to funding for its institutions, educational and other.

The common perception is that from this point on, Hareidi power and influence rose steadily. This process was catalyzed by the deadlock between the two main political blocks that characterized Israeli politics through much of the 1980s and 1990s, and that allowed Hareidi parties to hold the balance of power and thereby to extract more concessions in return for their support. These concessions were almost always in the form of larger budgetary allocations, which gradually spread across a range of channels: the Ministry of Education provided budgets for the Hareidi school systems; the Ministry of Religion was the primary source of funding for yeshivot and kollels; the National Insurance Institute (NII), via its child allowances and other social welfare payments, became a critical source of funding for burgeoning Hareidi families; and, over time, a huge array of NGOs serving the Hareidi sector emerged, most of them reliant on government funding as their primary source of support.

To be fair, the process of tapping into the government budget to finance institutions and NGOs with a sectoral orientation was by no means a Hareidi monopoly. In the period from the late 1980s to the turn of the century, everyone got into the act, but the Hareidi parties were the acknowledged masters of this game—the biggest and the best.

Note that by this point it was necessary to speak of Hareidi parties in the plural. The old alliance of all the Hareidi groups under the AY umbrella broke down, once again under the twin forces of demographics and politics. There were now large numbers of people in each of the main sub-groups of the Hareidi sector—the Hassidim, the Mitnagdim (“Lithuanians”) and the Sephardim. The latter group not only broke away to form its own party but, under the leadership of Rabbi Ovadia Yosef and his chief lieutenant, Aryeh Der’i, launched an unprecedented  campaign that reversed the secularization process underway among Sephardic Jewry. Shas grew to become a mass movement, led by Sephardi Hareidim but attractive to a much wider public. Its relationship with the other mainstream Hareidi party, Degel Hatorah, is complex and multi-faceted, but the basic fact remains that Shas views itself as a Zionist party and as a full partner in the governing of the state. [2]

The process described above, of financing the growth of Hareidi education, welfare, and other systems from the state budget, was both the cause and the effect of Hareidi demographic and political expansion in the 1990s. It reached its climax in the “Halpert Law” of 1999, named after an AY Knesset member and foisted on another weak coalition in desperate need of Hareidi support in order to cling to power. The law changed the structure of child allowance payments from the NII so that, whereas hitherto the additional allowance for children under the age of 18 rose until the fifth child and then declined, now it would continue rising: each marginal child would bring in a relatively larger stipend. The obvious beneficiaries if this law would be the Hareidim—but also the Bedouin Arabs, where polygamous family structures existed and NII stipends enabled and encouraged high birth-rates.

The Halpert Law proved to be the high-point of Hareidi political power. But it is important to note that even in the late 1990s it was already apparent, both within and outside Hareidi circles, that Lord Acton’s dictum that power corrupts applied to Hareidim no less than to others. The most obvious evidence was the number of Hareidi Knesset members sent to jail for various forms of corrupt practices. Although I would tend to accept the Shas argument that its representatives, and Aryeh Deri in particular, were victims of a political witch-hunt inspired by the Ashenazi/ left-liberal “elites,” that doesn’t make them innocent—it just means they were picked on and picked off.

However, with the benefit of hindsight, it is clear that the peccadilloes of specific Knesset members and ministers were only the tip of a much larger iceberg. In effect, Hareidi political power resulted in Hareidi society becoming entirely dependent on the government budget. In other words, Hareidi Judaism—despite its proclaimed ideology of separation, self-sacrifice, and asceticism and its efforts to dissociate itself from Zionist ideology—turned itself into a branch of the Israeli welfare state. Nor did this happen by accident; the process became self-supporting  as more and more Hareidi leaders, their entourages and their institutions, became increasingly dependent on funding whose ultimate source was the government budget—and hence the Israeli taxpayer. True, there was an alternative source of funding, namely foreign donations. But after the fall of the Reichman brothers’ empire in the early 1990s, the illusion that one family had been designated by Providence to support the entire edifice of Israeli Hareidism was shattered. Foreign donations remained an ongoing source of support, but its role was increasingly to provide jam, while the bread and butter came from the Israeli government. The lesson of the rise and fall of the Reichmans seemed to be that no wealthy individual, however mind-bogglingly rich, could play the central role. The national budget was larger, more accessible and seemingly more dependable.

But government funding was earmarked for two main areas: education and welfare. As a result, both saw massive expansion. They became the focal points of activity for every entrepreneurially oriented Hareidi so that, sadly and ironically, they became the main “industries” within the Hareidi business sector. Furthermore, since the new generation of Hareidi entrepreneurs had neither experience nor formal education, management of the new entities was characterized by inefficiencies, superfluity, and corruption.

Educational establishments proliferated, each one of which was a business venture in an increasingly competitive market. The more successful entities, whether by design or by accident, became involved in real estate, catering and wedding halls, and other legitimate business operations. As for illegitimate activities, the reader is referred to the media and/or Google for more details.

The overall picture was one of rapid, headlong, and unplanned growth, in which the nimble and well-connected came out on top, while a wider class of political machers, public relations, marketing, and other consultants, along with the managers of the NGOs, emerged as an embryonic Hareidi upper-middle class. But there was nothing below them, other than a mass of yeshiva/ kollel families, dependent on meager stipends and living near or actually in relative poverty, as the cost of feeding, educating, and marrying off their numerous children consumed their small incomes. 

The Secular Backlash

 

The Halpert Law proved to be the proverbial straw that broke the camel’s back. By pushing their political power too far, the Hareidim triggered a political backlash on the part of secular, middle-class Israelis, against what was commonly called “Hareidi blackmail.” Since the two big parties were unwilling to clash with the Hareidi sector directly, the protest movement found a new outlet in the form of a new party, Shinui, which not only called itself  “the secular list” but was openly and stridently anti-Hareidi. Its leaders were indeed anti-religious, but most of its supporters were probably not; they, too, were concerned with money rather than ideology, above all with who paid taxes and who received benefits—as well as with who served in the army and did reserve duty and who didn’t.

One of the most remarkable of the many political parties to shoot across the Israeli political firmament, Shinui may arguably be regarded as the most successful. In its first election effort, in 1999, it won six seats, a highly respectable performance, but not enough to change the balance of power. But by the next general election, the country was in a very different position. The hopes of peace and security prevalent in 1999 had been dashed by the second intifada and the suicide bombing campaign, while the prosperity engendered by the high-tech dot.com boom had been expunged by the “tech-wreck” and a global recession. These, coupled with the impact of the suicide bombings on the domestic economy, had plunged Israel into the longest and most severe recession in the country’s history. Tax revenues plummeted—but expenditures continued to rise, as the welfare structure created in the 1990s was impervious to the ups and downs of the economy. The result was a massive budget deficit and a financial crisis in 2002, which occurred against a background of serial suicide bombings and an Israeli counter-offensive against the Palestinian terrorist groups—Operation “Defensive Wall.”

There had been serious tensions between Hareidim and secularists in 2000 over Prime Minister Ehud Barak’s “secular agenda” and what Hareidim perceived as excessive Supreme Court activism. But the events of 2002 exposed the Hareidi sector to an unprecedented degree: they paid little tax but received a disproportionate share of the government’s expenditure and, as usual, they played no role in the military campaign. All this made Shinui’s message resonate widely so that, with the help of a vigorous and nasty election campaign, the party won 15 seats in the election of February 2003, making it the third-biggest party in the Knesset and an obvious coalition partner for the Likud—which, led by Ariel Sharon, had won a tremendous victory, garnering 40 (out of 120) Knesset seats.

The election outcome enabled Sharon to turn Israeli politics on its head and build a coalition in which all the Hareidi parties—including Shas, to its amazement and horror—were excluded. Sharon appointed Binyamin Netanyahu as Finance Minister, with the seemingly Herculean task of pulling the battered economy into shape, and these two used their parliamentary majority and the atmosphere of dire crisis to rapidly legislate a series of sweeping reforms. In addition to rationalizing the tax system to generate higher revenues, Netanyahu homed in on the expenditure side, which was plainly out of control. Inevitably, justifiably, and predictably, he took a machete to the sprawling welfare system that had been constructed and of which the Hareidim were the prime beneficiaries.

In the course of 2003–2004, the overall amounts of government funding to the Hareidi sector fell drastically, probably by one-third, perhaps even more. The main blow was the slashing of child allowances, but the yeshiva stipends and other elements were also pruned. Not surprisingly, the Hareidim came to call this development “the Netanyahu gezeros” (decrees, a term usually applied to anti-Jewish laws by gentile anti-Semitic regimes). The alternative would have been to admit that they and their leadership had, through greed, short-sightedness, and sheer stupidity, set themselves up for this disaster. But whatever label is used, this was the watershed event that marked the end of the Hareidi welfare-state society that had been constructed over the previous three decades.

The sheer scale of the implosion in funding caused massive distress for many Hareidi families and forced many institutions to merge or close altogether. Objectively—and if the government’s aim was indeed to incentivize Hareidim to move from welfare into the workforce, as it claimed—then the cuts should have been phased in gradually, over a period of 5-10 years. But the immediate need was to stem the hemorrhaging in the national budget and, in this context, the swollen welfare budgets were the obvious targets. The result was traumatic—and that trauma set Hareidi society on a new path.

 

From Crisis of Confidence to a New Model of Hareidism

 

The immediate task facing the Hareidi leadership in the wake of the so-called gezeros was to address the crisis as best they could. In practice, beyond an emergency fund-raising campaign, the pain could only be eased gradually, as the Israeli and global economies began to recover. But the situation began to improve perhaps faster than might have been expected. The domestic scene changed: Shinui imploded in a welter of internal feuding and corruption charges, and soon disappeared entirely from the political scene—as far as its voters were concerned, its mission completed. Subsequent governments recognized that the cuts imposed by Netanyahu had been too drastic and allowed some increases in child allowances.

Meanwhile, a new development was sweeping the economies of the main developed countries where large Hareidi centers had developed. The greatest real-estate boom ever seen was minting millionaires seemingly by the minute, and a rich new vein of foreign funding opened up. For five years, from 2004 through 2008, unprecedented sums of money poured into the Israeli Hareidi sector, not just in the form of donations, but also as investments in real-estate and other businesses. The wider Israeli public was largely unaware of this, but anyone walking through the Hareidi quarters of Jerusalem and other Hareidi population centers could hardly fail to notice the surge of construction activity.

Once again, however, as with the Reichman saga 20 years earlier, the hope that foreign sources could replace the Israeli government in whole or part proved illusory. The real-estate crash in the United States and the subsequent financial and economic crisis in the West wiped out many of the new Hareidi tycoons, and, together with a series of scandals within the Hareidi Diaspora, served to eliminate key sources of funds, with the inflow drying up much faster than it had expanded.

Nor was the new money, even when it was available, a true replacement for the funds lost via the “gezeros.” Donations went via intermediaries, who generally took a hefty cut for themselves, to institutions and organizations, wherein a new Hareidi executive class began to emerge and adopt a lifestyle to match. The government money, or what was left of it, went to individuals and families who desperately needed it—although they then had to turn to the charity organizations to supplement it.  Thus the real-estate driven prosperity of 2004–2008 aggravated the existing income and wealth gaps within Hareidi society, with the majority of the Hareidi poor being left steadily further behind.

Meanwhile, even as the chimera of Diaspora real-estate money came and went, far-reaching changes were taking place in Israel, both inside and outside of the Hareidi sector:

  • Beginning in 2003, the Israeli economy began what was to become its longest-ever period of economic expansion. Although the global crisis of 2008 hit the Israeli economy too, its impact was short and after two tough quarters, the economy bounced back and resumed its growth path. In hindsight, the period 2003–2010 can be seen as “seven fat years” in which Israel surged ahead and prosperity became widespread. However, massive income and wealth gaps developed, with Hareidim and Israeli Arabs standing out as the two main population groups left out of the party.
  • If the economic success story is well-known, the extraordinary developments in Israeli demography since 2003 are not. Yet the data are official, regularly updated, and clear-cut. They show that a) since the slashing of child allowances the Hareidi birth-rate has trended lower (as has that of the Bedouins); b) the birth-rate among non-Hareidi Israelis has steadily risen; c) the birth-rate among Israeli Arabs continues along its long-term declining trend.
  • Within the overall economic success story, the single most important datum is not widely known. This is that the participation rate in the labor force has risen steadily and is now at a record-high level of 58 percent. This rate is still extremely low by Western standards, but the upward trend is the critical factor. One of the causes of this improvement, perhaps a central one, is the increase in the rate of participation among Hareidim, including Hareidi males.
  • Within Hareidi society, major changes are underway. Three, in particular, need to be highlighted, relating to a) politics, b) sociology, and c) psychology. Space only permits presenting these in “headline” form, but each is worthy of close examination.

 

Hareidi politics: The evidence of a crisis of leadership in Hareidi society is most evident in the political sphere, where it can actually be measured. The most obvious evidence is the failure of the Hareidi parties to increase their representation in recent elections, despite surging growth in the Hareidi voting population. This suggests that Hareidi votes, especially younger ones, are leaking away to non-Hareidi parties—a suspicion supported by reading of the Hareidi and non-Hareidi media and by anecdotal evidence. In addition to voting patterns in general elections, the faction- and personality-based feuding within the Hareidi political scene—the municipal elections in Betar and Jerusalem in 2008 are outstanding examples—is forcing many young Hareidim to the conclusion that their interests are not being promoted by traditional Hareidi parties. More generally, the shrinking of government support has revealed that Hareidi politics has become entirely focused on obtaining government funding and providing jobs through patronage, and has shed its ideological underpinnings.  Now that Hareidi parties are unable to provide sufficient funds or jobs to answer their constituencies’ needs, they have lost their validity and with it, increasingly, their support.

 

Hareidi sociology: The “gezeros” left  most Hareidim over the age of 35 with insufficient income to support their large families—and without education, training, or any practical means of finding jobs in the wider economy. Overnight, they became a “wilderness generation”—and the Hareidi leadership has not been able to provide systemic solutions to the crisis. The conclusion drawn by many younger Hareidim—especially those who are, for one reason or another, uncomfortable with or unsuitable to the yeshiva/ kollel lifestyle—is that they must look out for themselves. Specifically, they must be able to earn a living. This is fuelling a steady increase in the number of young Hareidim attending colleges and even universities, as well as vocational courses, in a broad range of fields. These efforts are being funded and guided by, inter alia, the Joint Distribution Committee, numerous individual philanthropists, and institutional philanthropies from overseas, as well as various Israeli government ministries and agencies—including most branches of the IDF.

 This means that the front line of Hareidi integration into Israeli society is now the labor market—but also that serving in the IDF, after yeshiva and perhaps some kollel study, is acceptable. The envelope is being pushed steadily outward, both in quantitative terms—the number of people involved—and in qualitative terms, meaning the kinds of things they do.

As this process moves forward, it is creating a genuine Hareidi bourgeoisie—people with real jobs and businesses that create income and wealth, rather than party apparatchiks and “welfare entrepreneurs” whose business arena is the Hareidi “hessed” empires that are the hallmarks of the sector’s poverty and welfare-dependence.

 

Hareidi psychology: This point is based more on subjective impressions than hard data, but it seems to me both correct and a logical accompaniment to and outcome of the preceding points. In Kennedy-style terms, we can speak of the torch being passed—more correctly, seized—by a new generation of Hareidim, who have come of age in the twenty-first century, tempered by terror and war, disciplined by a severe financial but also spiritual crisis, proud of its ancient heritage, and unwilling to impose on the next generation the ideals of genteel poverty on which it was brought up. Furthermore, this new generation sees and feels itself to be entirely Israeli, an integral part of the multi-cultural mosaic that is the State of Israel today. Unlike their grandparents, they feel no need to molder on the margins of society, and unlike their parents, they do not carry an inbuilt inferiority complex vis-à-vis secular or religious Israelis. Many of them are beginning to realize that they have much to give to the wider society and also much to learn from it, because—contrary to what they were told in school—they and their leaders do not have all the answers. Above all they are convinced, on the basis of what they have seen both in Israel and among their peers in the Diaspora, that it is possible to live a Hareidi lifestyle and yet interact, where necessary, with the wider society.

These new trends are the antithesis of the old-style welfare-state Hareidism. The battle between the two is ongoing and will take time to resolve, but the global reversal of the welfare state model ensures that the old system is doomed. The future of Hareidism lies with the new generation, which is engaged in a live experiment of adapting its lifestyle to a new socio-economic reality.

The track record of Hareidim in adapting to new circumstances is a good one. Furthermore, the overwhelming majority of the wider Israeli society, including the government and the main institutions of the state, are strongly supportive of this effort. How exactly it will turn out cannot be known—because the future is unknown. But too much hangs on the outcome of this effort, for the Hareidim, for the strength and cohesion of the State of Israel, and for the future of the Jewish people, for it to fail.

 

[1] Social scientists have expended much energy in the effort to define “Hareidi” and “Hareidism.” One reason they have met with limited success is because of the growing differences between Israeli Hareidim and their Diaspora counterparts. This article is concerned solely with Israeli Hareidism and assumes the reader understands the terminology, even without formal definitions: you know it when you see it.

 

[2] In the 1988 general election, Shas followed up its stunning 1984 debut when it captured four seats, by winning six seats. I was then a reporter for the Jerusalem Post and covered Shas on election night. When I asked Rabbi Yitzhak Peretz, then leader of Shas’ parliamentary faction, what portfolios it would seek, he said, “We view ourselves as potential candidates for every portfolio, including defense.”  Nothing could better illustrate the gulf between the inclusionist pro-Zionist attitude of Shas and the exclusionist anti-Zionist line of AY and Degel.)

 

 

Rabbi Hayim Palachi (1788-1868)--Rabbi of Izmir

The Jewish community of Izmir was an important center of Sephardic Jewish life during the centuries following the expulsion of Jews from Spain in 1492. It boasted vibrant synagogues and communal institutions, as well as a host of learned Torah scholars and a respected rabbinical court (Beth Din).

Izmir’s Chief Rabbis enlightened the Jewish community by answering hundreds of questions in Jewish law. They answered the questions not only from ?zmir but also from the distant Jewish communities. Rabbi Shemuel Yitzhak Modeliani from Thessaloniki noted that the Jewish community of ?zmir was led by respected people.

One of the most important features of ?zmir was its Hebrew printing press that published many books in Jewish law and thought. Izmir became an important publishing center for the Jewish communities of the Ottoman Empire and beyond.

The Izmir Jewish community functioned according to the religious rules. The Jews in the city fulfilled the mitzvot of the Torah in a spirit of faithfulness and traditionalism. Special teams were appointed in order to ensure the obedience of the religious laws. When these teams identified those who did not follow Torah rules, the accused were judged by the Beth-Din; and if they were found guilty, they were punished.

Beit Yaakov Rabi, founded by philantrophist Yaakov Rabi, was the biggest and most important among Izmir’s 16 synagogues and 50 yeshivot. When Rabbi Yaakov decided to move to Jerusalem, he left the the management of the Yeshiva to his nephew Rabbi Yosef Hazan, author of responsa entitled “Hikre Lev”. Rabbi Yosef Hazan’s daughter Kaden married Yaakov Palachi, who was well known as a religious scholar. In 1788, Yaakov and Kaden’s child Hayim Palachi was born.

From his early years, Hayim was in the presence of important religious leaders and received an intense education. In a short time, as a clever and enthusiastic boy, Palachi emerged as unique among his peers. The writer of “Bet Yitshak”, Rabi Yitzhak Gatenyo, was one of his teachers. When he was a student at Yeshiva at the age of 20, he married Rabbi Yitzhak Gatenyo’s daughter. They had two girls and 3 boys. Rabbi Hayim Palachi worked with Rabbi Rafael Yosef Hazan to prepare and publish the book, Simha le Hayim.

At the age of 25, Hayim Palachi received the title of “Haham Hashalem - Haham Kumplido” in Yeshiva. Rabbi Hayim Algazi honored him with this title and appointed him to the rabbinate. While his father was alive, he did not want to take any official duties. Yet, when his father passed away in 1827, he accepted the position of Dayan and Shofet. He also became the head of Beit Yaakov Rabi Yeshiva where he completed his education.

In 1849, he was appointed to the community’s Beth Din. Together with Beth Din members, Yesua Shelomo Arditi, Hayim Binyamin Pontremoli, Rahamim Nisim Yehuda de Sigura, Nisim Hayim Moshe Modai and 45 other rabbis, they ran the Beth Din and provided religious leadership for the community.

Aside from writing his books, he answered hundreds of questions from individuals and communities of various cities. His main principle was to answer all the letters and questions. His interpretations, explanations, and rulings were accepted around the world, and communities began to teach his doctrines. Rabbi Palachi maintained correspondence with leading Sephardic and Ashkenazic rabbis. In 1852, with an edict written by Sultan Abdulmecid, he was appointed as chief Rabbi of ?zmir.

His reputation spread throughout Ottoman lands, and in 1858 he was awarded a medal by Sultan Abdulmecid. At the same time, the Sultan granted him the rights of jurisdiction and the rights to judge according to both Ottoman and to Jewish religious laws. In this capacity, he became the legal judge of the Jews in Izmir. Later on, he was awarded a second medal by Sultan Abdulmecid.

As the Chief Rabbi of Izmir, he eased the administrative rules. He tried to apply the halakha in a way that made daily life easier. Meanwhile, his first wife died and three years later, he married a Vida Nama.

During his Rabbinate period, he gave importance to social welfare; and as an important mission, he thought of founding a Jewish hospital. He requested assistance from the wealthy Jews in town. Despite his request from Baron Rothschild and his negative reply, he did not give up. With the help of respected Senior Leon Adut, they contacted Rothschild again, and received the necessary support. He was also able to receive the support from Sir Moses Montefiore. The Jewish hospital was established. At the time, the population of ?zmir was 220,000, with the Jewish population consisting of about 16,000 souls.

Rabbi Palachi’s set a goal to maintain mandatory education to all Jewish children. He adopted a law which required every Jewish father to give Talmud Tora education to his children. Children would continue their education until they were able to read and write properly, and could grasp the fundamentals of Tefillah. Only the Mefakeah, the instructor, was allowed to decide when the children had achieved the required educational goals. Rabbi Palachi made sure that all the poor children also received education.

Rabbi Palachi felt deep responsibility for each member of the community. In order to protect the health of his followers, he prohibited smoking. He tried to solve the problems between spouses. He tried to solve the problems among friends who had business disputes.

The following story was told. A Jewish man was about to die. Hopelessly, his family asked Rabbi Hayim Palachi for his blessings and prayers. Rabbi Palachi asked if the patient was a behor (first born male) or not. After a positive reply, he asked if he had a proper pidyon (redemption of the first born) or not. They found that there actually had been a problem with the pidyon ceremony of this man. Rabbi Palachi arranged for a cohen to visit the patient so that a new pidyon haben ceremony could be performed. Rabbi Hayim Palachi recorded a note mentioning that this patient recovered and lived another twenty years.

Rabbi Hayim Palachi was very sensitive to events that affected Jews outside ?zmir as well. During the blood libel in Damascus in 1840, he called for the support of his Egyptian Jewish friend Don Avram Kamando, Baron de Rothschild and Sir Moses Montefiore. Through their intercession, the innocent Jewish victims in Damascus were exonerated.
On a trip to Israel, Montefiore stopped in ?zmir and reinforced his friendship with Rabbi Palachi. Montefiore contributed generously to the Jewish organizations of Izmir. In appreciation, Rabbi Palachi wrote a book dedicated to Montefiore and his wife. He also wrote a book in Ladino called “Y?MTSA HAY?M” that praised the English Queen’s efforts on behalf of the Jews of Damascus.

With the beginning of Tanzimat period—when the Ottoman government introduced modernization reforms-- we observe changes that were beginning to occur within the Jewish community of Izmir. Until then, the community was solely directed by its own Beth-Din; but with the Tanzimat, a council made up of a lay board of directors was formed. This secular administrative council had the authority to control the income of the community.

During Rabbi Palachi’s last years, there were disagreements concerning the management and organization of the community. In November 1865, the community formed a board made up of 1 president and 9 members. At their first meeting, this board invited Rabbi Palachi. They requested that he not sign any important decisions without first consulting the board. They also asked him to rescind a tax that he had imposed on the sale of alcoholic beverages, since he had not complied with the new administrative procedures. Rabbi Palachi acceded to the board’s demands. and Rabbi Palachi removed the taxes.

Soon, factions arose within the community—some in support of Rabbi Palachi, and some opposed to his continuing in his post as Chief Rabbi. As the situation worsened, the Chief Rabbi in Istanbul appointed Yakir Geron in order to maintain a stability in Izmir. Meanwhile, Baron de Rothschild advised Rabbi Palachi not to worry and if he wished, he would be glad to offer him a position in London’s Grand Rabbinate. But Rabbi Palachi did not wish to leave ?zmir, in spite of the growing tensions within the community.

In 1866, the Secretary of Istanbul’s Chief Rabbi, Samuel Danon, was sent to Izm?r. In his report to the Chief Rabbi, he indicated that the only way to solve the complicated situation in Izmir was to remove Rabbi Palachi from his position and to appoint a new Chief Rabbi. The Chief Rabbi Geron approved this report, that had been signed by 60 people from ?zmir. The Chief Rabbi applied to the government in order to receive permission to remove Rabbi Palachi from his post.

This tension and polarization within the community deeply saddened Rabbi Palachi, and he shut himself into a synagogue. He opened the ark and put 2 candles in his hand; he turned candles upside down and began to pray. At that moment, there was a very strong earthquake. People were terrified and came to apologize from Rabbi Palachi, fearing that the earthquake had occurred due to the Rabbi’s prayers. Even his opponents now wished that he would be the Chief Rabbi. In resuming his post, Rabbi Palachi forgave all that was done to him and did not foster any bad feelings against anyone.

Rabbi Hayim Palachi wrote 72 books in total. The names of his books always included the word “hayim”. This was both an allusion to his name, as well as an allusion to the Torah being a source of life.

Izmir suffered fires from time to time. In one great fire, many Jewish houses, including Rabbi Hayim Palachi’s, were burnt down. The fire spread to the Jewish neighborhood at night, while people were asleep. Despite the fact that fire spreaded so quickly, the Jews were able to leave their houses alive. Yet, thousands of Jews became homeless. The majority moved into their relatives’ houses until new houses could be built.

All the books Rabbi Palachi collected since the age of 16 and the books he wrote, were kept in the cellar of his house. One of his students who was informed about the cellar, put his life in danger by entering the burning house in order to save one of the boxes of books.This box had only 14 books. The other books which Rabbi Palachi had worked on for years—were destroyed in one night.

Seeing the Jews in despair and losing so many of the manuscripts of books he had written, Rabbi Palachi was deeply pained. For six months, he stayed in bed, hovering between death and life; his son Avraham cared for him tirelessly. During this illness, Rabbi Hayim dictated words of Torah to his son, who recorded his father’s words on paper. When Rabbi Hayim recovered, his son showed him his notes. Rabbi Hayim was amazed to learn that he had been able to transmit the contents of his lost manuscripts, and that his son had been able to restore much of the work that had been lost in the great fire.

As he grew old, he became increasingly weak. While reading the Torah portion on Simha Torah, Rabbi Palachi started to cry. This chapter of the Torah was the last prayer Moshe Rabenu recited to the children of Israel before his death. The congregation started crying with Rabbi Palachi. People sensed that his death was close. When he died a few months later, on 17 shevat 5628, many Jewish and non-Jewish people from ?zmir attended his funeral. Due to their respect, many tradesmen closed their businesses and attended his funeral. With the Sultan’s order, an official ceremony was arranged, with part of the Ottoman army in attendance.

Rabbi Palachi was buried in Bahri Baba Jewish cemetery.
***
Rabbi Eliezer Gabay had lived in ?zmir a while before making aliyah to Israel in the 1960’s. During his stay in Izmir, he received an education in Mahazike Tora. After his migration to the city of Lod in Israel, he established a yeshiva in the name of Rabbi Hayim Palachi and made a great effort to teach Rabbi Palachi’s books. He convinced the governor in Izm?r and mayor Ahmet Pri?tina to designate Rabbi Palachi’s tomb as a sacred place. In addition, with the support of the community, using the water flowing from the nearby spring, they built a mikveh.

Religious Jews Leaving Religious Life

“Then you begin to give up the very idea of belonging. Suddenly this thing, this belonging, it seems like some long, dirty lie ... and I begin to believe that birthplaces are accidents, that everything is an accident. But if you believe that, where do you go? What do you do? What does anything matter?”
—Zadie Smith, White Teeth

Going off the derekh is one of the greatest epidemics facing the religious Jewish community today. You would be hard-pressed to find a frum family untouched by this phenomenon, whether it is a child, sibling, spouse, cousin, friend, or schoolmate who has left religion behind. In the wake of the individual leaving is a tempest of emotions—confusion, guilt, anger, hurt, and sadness.

All too often, the religious Jews left behind are focused on their pain, their hurt. “How could my child do this to me?”Alternatively, anger and bitterness lead to blame. “There is just something wrong with him.” “There are problems with the community.” But neit¬her of these attitudes is constructive. If we want to cure this spiritual disease, we have to turn these questions on their heads.
We must look at the situation from the point of view of the person who has gone off the derekh. We must ask ourselves instead, “How does he/she feel?” We must ask ourselves, “What could I have done differently? What can I change to help him/her return and prevent any similar future occurrences?” Only by asking these difficult questions and facing their (often painful) answers head-on can we learn what we could do differently the next time and, if we are lucky, we will learn what we need to know to help bring them back and to offer healing.

Freedom without Limits

In Yiddish, going “off the derekh” is called “freiing out,” from the German word frei, to be free. When religious Jews leave the practice of their religion, they are “free”—free to eat or drink anything, free to do anything at all on Shabbat, free to socialize with and date any person they want. Suddenly nothing is forbidden. Suddenly there are no limits.
But how free is freedom without limits? And how good does it feel when it is accompanied by rejection from all that you once knew and loved? The life of the frei is no utopia. They discover very quickly that a life of freedom from religious restrictions is not the paradise they once envisioned.

They have spent their lives as a part of something bigger: not just a family, but an entire community where they belonged. Now where do they fit in? Their friends and family are on a mission to bring them back—and if not, they simply no longer have things in common. In some cases, they feel anger and bitterness toward their family and previous lifestyle. They feel confusion, shame, and guilt for hurting their family and friends.

Yet, how can they fit into a world of which they have never been a part? They have limited shared background, no shared memories with people outside of the religious community, and no friends to turn to. They have been educated to believe that everything they are now doing, along with the people they are doing it with, is wrong.

The freid-out individual may still want to connect with family, but he/she is left in conflict. Can such a person go to his parents’ house for Friday night dinner and enjoy his mother’s chicken soup and challah—or will it end in a fight when he leaves to see a movie with friends? Freid-out people want the best of both worlds, but no longer know where they stand.

Freiing out is a long and difficult process. Beginning to understand the pain and emotional tumult involved is the first step to healing—and to learning what we can do differently to prevent it happening in the first place.

Why People Go Off the Derekh

“Children’s nerves are easily affected; great care ought to be taken to avoid any disturbance in their lives, until they are practically mature. But who realizes that for some boys at school an undeserved imposition may cause as much mental anguish as the death of a friend will later on? Who really appreciates that something quite trivial may cause in certain immature minds an emotional upset which may in a very short time inflict incurable damage?”

—Guy De Maupassant, “Looking Back”

The reasons people go off the derekh are as varied and individualized as the people themselves. Each person’s unique set of life experiences, personality, strengths, and weaknesses contribute to his/her ultimate decision to leave religion. Nonetheless, the reason one leaves can generally be placed into at least one of six main categories.

Religious Misery

People do not voluntarily give up something they enjoy. If Judaism is bringing happiness and fulfillment into someone’s life, they will not leave it behind. Remember, we all find happiness in different things, so what attracts you to Judaism might not attract someone else. In fact, it could even repel them.

On the other hand, if you can figure out what they like about Judaism and you make that a focus for them, they will not want to leave. You have to make their passion your priority, regardless of whether or not it is a passion you share.
People going off the derekh are often angry or depressed. If you see a child, a student, a friend, or even yourself in one of these states for an extended period of time, these are warning signs. You need to respond right away. Find out what the underlying problem is. If a person is miserable in any sort of Jewish context, they are at risk.

Judaism can be an overwhelming religion. It controls what and when you can eat, what you can wear, and even with whom you can socialize and how. So logically you might be tempted to think that it is this avalanche of restrictions that eventually snows people under. But it is not so.

The reality is that the small things often cause the most suffering. Instead of wishing he could eat bacon cheeseburgers at McDonald’s, your at-risk child is more likely wondering why he can’t eat at his friend’s home, which, although kosher, is not kosher enough.

The solution? Pick your battles very carefully. How important is the battle overall if you bear in mind that by winning you could be losing in much more significant and long-term ways?
When you have a dispute with your child, change your priorities. Instead of focusing on being right and teaching them to be just like you, ask yourself how you can make them happy. This does not mean compromising on morals and values, but on finding a way to help your child or friend maintain a positive connection with Judaism and with God.
For example, if you know music resonates with a person, find music they can connect to that will convey your message. If they enjoy studying, find a text that addresses the issue. And at the end of the day, remember to always pick your battles wisely.

The same applies to adults. For instance, a married man may want to go to university and study for a degree, but he is stuck working a simple job amidst a Hassidic community that doesn’t approve. Or the newly married ba’alat teshuvah living in Tzefat who occasionally wants to go to Tel Aviv and watch a movie but her husband forbids it. I know both of these people. Sadly, they both grew frustrated and left their families and communities.

I do not mean to advocate what is right and wrong when it comes to how we choose to observe our Judaism. However, we must realize and accept that often it is these types of things that build up the religious misery experienced by individuals going off the derekh.

Role Model Discredit

Being a religious Jew is not a simple decision that affects only the individual who practices religious Judaism. When you wear the garb, walk the walk, and talk the talk, suddenly other people look to you as a role model. Deciding to be religious is a conscious decision to be a role model, like it or not.

Think about it: You never encounter someone who says, “Oh, that guy just stole something! All secular people are thieves!” However, you do hear people say, “That man with the black hat and beard just cursed me for dressing differently. Those religious Jews are so judgmental!” When you decide to present yourself as an observant Jew, you are representing the entire Jewish people.

There are two levels of role model discredit: discrediting only what a person says, or simply discrediting the person or institution as a whole.

When a child constantly disagrees with a parent, he or she is unlikely to discredit the parent as a person, but will almost certainly discredit what the parent says. If this occurs, it is not irreversible. If the parent can learn to look into the child’s point of view and can show this, the child can still respect the parent, even if he or she persists in disagreeing. The same applies for a judgmental friend or spouse.
However, when there is not such a strong personal investment as there is between a parent and child, or between spouses, as in the case of an educational system, it is easier simply to discredit the person—or the institution—as a whole. If a child is a member of a Jewish baseball team and his or her teacher or principal tells the child this is not acceptable and that they should be spending more time studying, it is easy for the child to discredit the entire system. The child may think, “I love baseball. I make so many friends and get exercise. But if Judaism is against baseball, then maybe Judaism is not for me.” Once again, the individual religious person becomes a representation of the entire system.

The above example may not apply in a Modern Orthodox community, where it could be acceptable to play in a sports league. But this example can apply to anything that is slightly out of the norm in relation to the particular community, such as joining a Jewish scout troop or taking up surfing.

Adults can also discredit their rabbi or religious mentor, if he (God forbid) ends up in prison for crimes such as fraud, child abuse, or theft. When this happens, it can create a mountain of emotional turmoil as the individual reflects on the years of hypocritical teachings they listened to.

Complicating the matter further is the issue of respect. Respect is only given in return for respect received, or when it is earned. Unfortunately, children often do not feel respected in a religious setting. The teacher who chides his student for playing baseball will almost certainly lose any respect the child previously had for him if baseball is fundamentally important to the child.

If you are dealing with an individual who has lost respect for you or is discrediting what you say, you must first rebuild their trust and regain their respect. Only once this breach in relationship is repaired can you begin to work on bringing the individual closer once again to their Judaism.

Being Prejudged or Labeled as Frei

The self-fulfilling prophecy is a very real danger. A study was done in which a teacher was given a classroom full of remedial students. Instead of being told they were remedial, however, both the teacher and the students were told they were in a special class for gifted students. Astoundingly, in spite of previously diagnosed learning disabilities, all the students in the class performed at a gifted level.

The converse is also true. When we are told repeatedly that we are stupid, we will begin to think we are stupid. And if we think we are stupid, we will begin to act stupid.

So, too, with the person who is told they are freiing out. They may not think of themselves as frei just for wearing jeans or eating non-cholov yisroel ice cream in a Hassidic community… but if the world begins to tell them they are, they will begin to believe it. And once they believe they are freiing out, they will begin to do more frei things. Because, after all, if they are frei anyhow, they might as well!
Too many people have said, “Going to university makes people frei out” or “Joining the Israeli army will make you go off the derekh.” This is the wrong message to send! Saying any career, hobby, or passion will lead to freiing out is a dangerous message. Not only can it lead to role model discredit, as discussed above, but it can also force a person to make a difficult decision: to choose between their passion and their Judaism.

Before you ever say the words, “You cannot do that and still be frum,” or “What you want to do is not a Jewish profession,” or “If you do that, you will go off the derekh,” make absolutely sure that you know what you are talking about. You may be planting the idea into the person’s head that they need to go off the derekh if they want to do the things that they love, as opposed to allowing them to try to think up a way to pursue their interests and still keep their Judaism.

Instead of planting the idea in the person’s head that he or she must go off the derekh to do what he or she loves, try asking the person how he or she plans to keep up with Judaism when they do it. Or, better yet, help the person think of ways. How can you work Judaism into that person’s passion? Unless the person is pursuing something very extreme or dangerous, such as drug use or pursuit of another religion, there is almost always a way to fit Judaism in. You just have to find a way to do it—and to help your friend or family member find that way, too.

Rejection and Conditional Love

Perception is everything. The day outside may be bright and beautiful, but if a person is blind, she will still say it is dark. To her, it is dark, and it does not matter that the sun is out.
All too often, we focus on what the objective reality of the situation is, but this is the wrong attitude to take. We can argue all day with the blind woman that it is bright out, but it will not change the fact that to her it is dark. Her subjective perception, even if at odds with scientific empiricism, is her truth and her reality. If we want to deal with her, we must accept that and treat it as reality.
Normally, parents love their children unconditionally. I cannot ever imagine my son doing anything that would take away my love for him, and I am sure other parents feel the same. Yet, through our actions we can convey a different message.
Imagine a home where Torah study is strongly rewarded. The parents praise their children when they spend time studying Torah or succeed in Torah-related pursuits. But then when their children excel in something unrelated, such as music, art, sports, or other secular studies, they ignore them—or worse, tell them they should be studying Torah instead.

Of course those parents are proud of their children. Of course they want them to succeed. Of course they love them. But what message are they sending?

Judaism should be a source of joy and security for a child, but in a home like the one I just described it becomes the opposite. It becomes at best a burden for the child to bear, at worst the child’s competition for a parent’s approval and affection. The child begins to feel the parents’ love is conditional. If they don’t feel they can meet their parents’ expectations—or don’t feel they even want to—then they begin to feel rejected. This starts the child on a downward spiral, often ending in depression. Once the child is depressed, they are vulnerable and their Judaism is at risk of declining.

But this is not true only in a parent-child relationship—it is true of any person regarding their relationship with the community as a whole. Any person who feels rejected by the wider Jewish community, or only loved by the community at certain times, is at risk just as that child is.

The solution is to show love at all times, not only when the child, spouse, student, or friend shows interests in common with yours. Of course, show pride in Torah study achievements. But, even if it is hard, also show pride in the mundane, worldly things in which the individual has taken an interest.

If your child is not interested in doing the things you want him or her to do, try thinking of new ways to phrase things. Have you ever told your child, “You must come to shul and daven; you cannot go play outside now”? Perhaps you could rephrase it as, “I need you to sit next to me while I’m in shul. I have a hard time keeping up with the hazzan, and I need you to help me!” Instead of telling your child to sit and study Torah, sit down and study Torah yourself—then tell your child you are having a hard time understanding and need his or her help. Try to think of something positive that will make your child happy to do it. As a bonus, your child will feel respected and needed.

Finally, never use anything related to Judaism as a punishment. All too often, parents and educators use Judaism in the wrong way, which gives the child negative associations. Telling a child to copy over the bentching (grace after meals) for talking during bentching will certainly not give them warm, fuzzy feelings toward these texts.

Dysfunctional Home and Abuse

It may seem obvious that abuse would lead to someone going off the derekh, but often it is overlooked. Abuse comes in many forms, some of which are not so obvious. It is one thing if parents beat their children or someone sexually abuses them, but what about emotional or psychological abuse? What about spousal abuse? What about a home that is simply “dysfunctional”—where the parents fight all the time, or are divorced?

Any type of abuse or dysfunction, whether overt or hidden, is a major risk to a person’s relationship with Judaism. As with any abusive situation, there are a few strong and enlightened individuals who are able to overcome this, but the majority of people cannot. For anyone abused, especially by a parent, spouse, teacher, member of the clergy, or even a member of the community, it becomes increasingly difficult to separate the religion that person supposedly stands for from their negative and harmful actions. Similarly, a child growing up in a dysfunctional home, although not abusive, is at risk when Judaism is a large part of the home life, and the home life is problematic. It is easy to confuse the two of them.

Sadly, many people refuse to have anything to do with Judaism on account of past abuses. One man, although in his 60s, still insists that Judaism cannot be a very good religion to follow if his grandfather, who wore a black hat and beard, could beat his children and grandchildren in such a violent way. The outwardly religious grandfather represented to this man everything that Judaism stands for and—even as an adult and even with his grandfather dead for over 40 years—he cannot emotionally disentangle the two.

Even if victims of abuse can be rational enough to see that their abuser and their religion are not intertwined, their Judaism is still at major risk. Victims of abuse often suffer from low self-esteem and feelings of rejection, and are prone to depression and anxiety, all of which are risk factors for freiing out. Children in dysfunctional homes are also likely to feel these same emotions. Additionally, they may not receive the love and attention they need when their parents’ energies are pointed elsewhere.

Abuse must be dealt with before addressing anything relating to religious observance. A professional should be involved if the victim needs counseling to help with the recovery process. Sadly, however, many people live in denial. Parents who fight constantly, for instance, may refuse to admit to themselves that theirs is not a happy home. Unfortunately, when this occurs, the denial is likely to continue, even when (God forbid) the child is out doing drugs with friends.

The Mind

The mind is a powerful creative force in our lives. It has the power to do some truly extraordinary things and to enable us to accomplish unprecedented feats. Unfortunately, it also has the power to control and harm us, even when we are not aware of it. This is because our subconscious mind is constantly working, making associations and influencing our emotions and reactions.

Have you ever felt unexplained anxiety, fear, or paranoia? Have you ever felt negative feelings toward someone who has done you no harm, or given you no reason to dislike him? What about feeling highly stressed by a seemingly benign situation?

All of these are reactions that may be governed by our subconscious mind. It does not matter if the fear has a basis in reality or not. Perception is reality for the person who is experiencing it. To the child who is afraid of the monster under the bed, it is very real no matter how many times you explain that monsters do not exist.

Often when we have either strongly positive or strongly negative experiences, our subconscious mind forms associations. My grandfather fought in the Second World War, where he no doubt saw and experienced many traumatic things. From then on, he was terrified of flying and would never set foot in a plane. His fear of flying was real for him, even though we tried many times to explain that statistically planes are much safer than cars.

This is true also when it comes to Judaism. Negative experiences can color our reactions. If a child has had bad experiences with being forced to wear a yarmulke, for instance, he may not only try to avoid wearing one at all costs, but he may also feel an unexplained dislike for anyone he sees wearing one. He himself may not even understand why he feels this way.

This problem is compounded by the rigid system imposed by many religious groups. In the Chabad Lubavitch system, for instance, a boy is expected to attend yeshiva (with no secular studies), followed by more yeshiva, bachur shlichus, Smicha, marriage, one year of kollel, and then shlichus (to work in a Jewish community). Boys growing up in this system are often taught this is the only option available. They feel pressure to conform, especially if they are from a prominent family or they want to get a good shidduch. But what of the boys who don’t fit in?

To the individual who recognizes where this path is heading, it is no longer a subconscious matter and it becomes even stronger as he becomes more aware and conscious of the situation.

Not everyone is cut out to follow the same path. Some men can sit and study Talmud all day every day of their life and feel content and fulfilled… but not everyone is like this. Boys who do not fit the mold may slowly feel more and more anxious and stressed, sometimes without even understanding why. A girl may feel stressed by having to conform to a path of getting married at a young age and starting a family, when really she prefers to wait to marry and perhaps go to university.

When pressure builds up, without being confronted or released, eventually it will “explode.” When it does, these boys and girls are left running for the nearest exit. Instead of maintaining their Judaism and simply following a different path, they leave their Judaism altogether. They just didn’t know there was any other way.

Children of ba’alei teshuvah have yet another stumbling block before them. They frei out much more frequently than children of frum from birth (FFB) parents. Why? Because they have no family precedent when it comes to this rigid path set before them. Children of FFBs are often following the same road their parents, grandparents, and other relatives took, and so are more comfortable with it. But children of ba’alei teshuvah look at their parents and their extended families and see them all following completely different paths. They will then be less comfortable conforming to the path set before them.

Be very careful not to give children (or anyone, but especially children, who are most impressionable) negative associations with Judaism. What may seem like a small thing to you as a parent or educator could have a huge impact on the child or student in their relationship with the matter later in life. Learn to recognize the warning signs within yourself and your friends and family. If you have unexplained negative feelings toward something or someone within Judaism, stop and ask yourself why. Take some time out for quiet reflection and see if you can trace it back to an experience in your past. At least then, if you confront it, you can begin the healing process.

Maintaining Individuality

The secular world is a vast and enticing place. With individuality as one of the core values embraced by secular society, how can we expect Jewish youth, no matter how cloistered their existence, to remain unaffected? Yet Judaism is a religion designed to roll with the punches; that’s how it has survived so many centuries. So how do we fit individuality into a seemingly conformist religion?

The first, and most important, thing to realize is that Judaism is not as conformist as your own group would have you believe. In Judaism, unlike Christianity, we do not believe that just because I am of a certain group, God will only accept my worship, while everybody else will be rejected or eternally punished. When it comes down to it, our disputes are minor. All major Orthodox Jewish groups agree with one another on a great deal of points.

Unfortunately, we spend our time arguing about and focusing on that minor set of differences. You don’t hear Jews sitting around arguing about whether or not we should give more tzedakah, invite more guests for Shabbat, and visit the sick more often. You don’t hear people debating if it’s necessary to study Torah, go to shul, and keep kosher. What we do hear are arguments about whether or not the Lubavitcher Rebbe is moshiach, the style of a hat, shietle, or kippa, and how many call-ups there should be to the Torah on a Shabbat morning. But in the main, these are issues that are in constant change when we compare them to the overarching beliefs central to the Torah.

Judaism is in constant evolution on the peripheries. However, at its core it is unchanging and it is on this core that we must focus.

If a child, student, or friend chooses to follow a slightly different path in Judaism, embrace it. Sure, you may have 1 percent in which you differ, but you have 99 percent in which you agree—and that’s pretty good! In our family, we have many different strains of Orthodox Judaism, from Chabad to Belz to black-hat Yeshivish. If you relax and let individuals find their uniqueness within the 1 percent of differences, hopefully they will not need to seek it in the other 99 percent.

The Modern World

Of course, there are many temptations in the secular world to which we and our children will inevitably be exposed. The question is in our management of them. Some things in the secular world are indisputably dangerous, while others actually stand to benefit us, even as religious Jews.

Clothing

Many sects in Judaism adhere strictly to a certain dress code. Males must wear black pants and white button down shirts, a certain color of socks, or a certain kind of kippa. Some groups will tell girls they cannot wear certain colors. But if an individual chooses to do something outside of the norm, you have to ask yourself, is this outside of halakha or just our minhag?

We Jews have always moved around and this has affected our manner of dress. The Jews in Russia wore streimels and long kappatas because it was freezing cold outside. The Jews in Africa wore turbans, hijabs, and long flowing robes to keep cool. Some groups of people, such as the Jain people in India, have lived in the same location for thousands of years and so have not needed to change their way of dress—but this is not true for us.

It is true that we are supposed to maintain our own style of dress and not follow after the non-Jewish fashions, yet what does this really mean? We are taught that if all the non-Jews begin to wear a certain color of shoelaces, we should not change the color of ours. But we are not told we are not allowed to use shoelaces! They are practical and useful for tying shoes onto feet and we are permitted to use them.
Too often we see people going off the derekh because of what I call “black hat issues.” They struggle within a community that puts so much focus on the brim size of a hat or even as silly as the frame style of a pair of glasses. Some people leave their Judaism behind because of trivial matters such as these and how they have affected them growing up.

Modern Media

In the modern world, it seems that communication is everything. From books to television to the Internet, we as religious Jews must confront a variety of secular influences contrary to our Jewish values. What should we do? What can we do?

The first step to addressing these outside influences is to ask ourselves about their benefit. What positive uses does this instrument have? How can it be used to improve our lives? How can it strengthen our Judaism? Or, conversely, will this damage our Judaism?

A lot of people like to blame the blandishments of the outside world as causes for people going off the derekh. However, the welcoming world is not at fault. It only permits the process to take place. It is a lot easier today for people to move away from the Jewish community and establish themselves in a secular world then it was ever before in history. Instead of pointing the blame at the secular world with its inventions and influences, we need to decide on how best to manage it within our own society. We need to figure out what we can do differently.

Dealing with Someone Who Is Off the Derekh

How do we respond if someone in our family is going or has gone off the derekh? How do we interact with them when they seem to be rejecting everything our beliefs stand for? One thing is clear: We cannot help them heal and bring them closer again to Judaism if we cannot open the lines of communication. That must be the first step.

If, as we explained above, the single greatest cause for going off the derekh is depression, anger, or general unhappiness with Judaism, then the single greatest way to bring people closer once again is to make Judaism a source of joy. Judaism is a religion that is conducive to joy and happiness. It does not encourage severe deprivation or require its adherents to fast for an entire month out of every year. It does not necessitate vows of silence or celibacy. There are no hot coals to walk over, no self-flagellation, no beds of nails. Instead, there are candles to light and songs to sing. There are big family meals and a strong sense of community. Judaism is equipped with absolutely everything we need to create a joyful atmosphere.

The problem comes when someone is discontent with some part of Jewish ritual or observance. If we can identify what is making a person unhappy, we can infuse that part with happiness. The individual who does not want to go to shul finds it uninteresting and unfulfilling. Could another shul be found with a different style of davening? Compelling them to go to a shul where they are bored will underscore their negativity. Jewish practice needs to be rewarding and meaningful.

Shower your children with love and affection. Give them a regular gift better than a weekly allowance: your time. Spend time with your children doing normal, fun things. Find out what they enjoy and do that with them, whether it is going camping or kayaking, doing arts and crafts, or even learning some new musical instruments and forming a family band. Bonding with your child will create a positive relationship whose power cannot be underestimated.

In nine out of ten cases where children have gone of the derekh they felt the parents put religion before them. There is the story where a Rav went to be menachem avel (comforting mourners). The house of the deceased was filled with Jewish religious books, yet all the children were obviously not religious. The Rav asked them what they thought of all their father’s Torah books. The children replied, “These books were our competition for time spent with our father.”

Take the time to listen and try to understand your child (or your friend), even if you initially disagree. It may take some time to gain enough trust from your teenager for her to open up to you, but when she does, sit quietly and listen; do not judge. If she tells you that she feels like you don’t understand her, don’t argue and tell her you do, just try to accept that she feels that way. Ask her what she thinks can be done to improve or resolve the situation. If she has somewhere to turn, a shoulder to cry on, someone to lean on in a difficult situation, then she is less likely to turn away from Torah when her beliefs are put to the test.

Pick your battles wisely. When you see what you perceive to be a fault in someone, think again before you approach them. Remember, you may succeed in getting the person to change his kippa for one that may be more kosher to you—a velvet one for a knitted one, or a knitted one for a suede one—but keep in mind, the individual may be in the middle of a battle that is trying to blast the kippa totally off his head.

Instead, find a way to put a positive spin on the situation. Maybe your daughter does not enjoy staying in shul during Torah reading, but she is happy to run a program for children. Maybe your friend comes to shul every Shabbat but never walks inside. He does not like to daven, and instead volunteers as security. Find a way to get them involved in something positive and fun from their point of view, and you’re on the right path to getting them to stick with their Judaism.

Make the very language you use positive: Stop saying what should not be done, and start saying what should be done. Give your child some action to grab onto and focus on. Find ways to permit things rather than prohibit them. Instead of taking the muktza toy away on Shabbat with a, “You cannot play with that on Shabbat,” hand the child another toy and say, “You can play with this toy now.” Instead of saying, “I hate having to interrupt my afternoon to pray minha,” try saying, “I get to take a break in the middle of my busy day to relax, refocus, and reconnect.” If you start changing the language you use, you will be amazed at the positive impact it has on both your own outlook, and on the people around you.

Allow for some individuality. Not everyone fits the mold and not every road is the right one for every person. All too often communities present themselves and their way of doing things as the one and only true way to serve God. But this is not so! Judaism is a diverse religion, with many ways to serve Hashem available. If we make this known to our children, students, and friends they will not feel trapped within a system they do not fit into. They need to know and trust that they can make a choice to do things a bit differently and still be accepted. In this way, they can follow their own individuality while still adhering to their Judaism and feeling themselves a part of the community.

One thing many communities can do better to this end is to embrace spirituality. All too often there is so much emphasis placed on prayer and ritual observance that the spiritual and emotional aspects are glossed over or ignored completely. For most people who frei out, emotions are a huge part of the reason they go off the derekh. So why not embrace the emotional ties to God that spirituality can help forge? Spirituality is the reason why so many great teachers, from the Ba’al Shem Tov to Rebbe Nachman of Breslov, advocate going into the fields to pray. For many people, being alone in nature confronts you emotionally with the power and majesty of God. Just going through the motions is not enough. Spirituality imbues ritual with passion. We need to make shul a place of spiritual experiences, not just somewhere to conduct rituals.

One of the most beautiful things about Judaism is that it embraces and encourages people to ask questions. Education about our faith is the main goal of the Pessah seder—and one of the vehicles used is by asking questions. (Incidentally, the Pessah ritual also incorporates storytelling, song, food, and prayer, thereby catering to many different types of learning.) People today are asking more and more questions. As Jews, we have to learn to answer the tough questions like, “How do we know God created the world?”—and not just belittle them if we feel we do not know how to respond. If people feel safe and secure in asking hard questions, and they get the answers they seek, they will feel their faith has a foundation and it will be more likely to stand rather than fall. Judaism is not a religion of blind faith.

We also need to work on our educational systems. Education on issues such as why we believe what we believe and why we do what we do (hashkafa) gives children a sturdier foundation. Education on middot teaches them how to behave and why. Yet, these topics are virtually non-existent in most yeshivas. It is all well and good for children to sit and learn Gemara, but this is worth very little if they do not know how to act or why to believe. Try adding a class on hashgaha peratit (divine providence), bitahon, or emunah to student courses and you may find yourself inspiring your students like never before.

Finally, we need to focus on ourselves. While it is important for us to concentrate on the people in our community who are freiing out, we also need strong supports in order to deal with situations as they arise. Form groups of people who are concerned, groups of “People Who Care.” (Topics like “Dealing with Children at Risk” often result in a debate about what it means to be “at risk” and whose child is more at risk than another, which is counter-productive.) Parents need to be able to lean on one another for support, and to offer ideas and suggestions. Together, we can find solutions.

Correspondence: Eli Haddad and Rabbi Dr. Nathan Lopes Cardozo on Reviving the Halakhic Process

To Rabbi Dr. Nathan Lopes Cardozo:

Dear Rabbi:

Your article the Spring 2010 issue of Conversations on “The Nature and Function of Halakha in Relation to Autonomous Religiosity” has inspired quite a bit of discussion in our family. Your comments have hit squarely home and crystallize the religious anomie of several of our recently married children. You issued a passionate call for responsible rabbinic leadership to meet the challenges of a less-than-dynamic halakhic process. This is vital to the authentic continuity of our traditions. Please grant me a few moments for a layman’s reflections on this matter.

Halakhic decision-making, since the sealing of the Talmud by Ravina and Rav Ashei in the fifth century C.E., has always been the province of local rabbinic authorities. The subtleties required for rendering the decision of complex issues can only be appreciated by the local Rabbi. The local socio-cultural context provides the framework for a proper and relevant understanding of the issues involved. This feature of our halakhic process has kept our oral law perpetually dynamic and eternally relevant. The application of legal principles to changing local circumstance and nuance demands continuous adaptation. What may be right for one local community at a particular time and place may not necessarily be right for another congregation at the same time but in another region or country. How the values and principles of Torah are applied depends on the subtleties of social context.

The convergence of several unique factors in the broad social context of our information age has indeed bred the paralysis of halakhic evolution. To borrow a term from a popular author and journalist, I call these factors “flatteners”—“Halakhic Flatteners”

1. The emergence of the “professional rabbi” in combination with other flatteners detailed below is probably the most important factor. The Sephardic tradition as detailed by Maimonides calls for community rabbis to serve the local community while pursuing their own professional or commercial career goals. Accepting fees for formal positions as “judge” or halakhic decisor was frowned upon. Yes, valid arguments against that position are made for today’s rabbinic leaders, especially in a world that is increasingly specialized. However, Maimonides’ point needs to be understood. The politics of deciding how to apply law need to be removed—decisions have to be rendered with complete INDEPENDENCE. The current legal decisions of the “professional rabbi” are not and cannot be free of political considerations. The dictates of serving synagogue boards as well as of supporting large yeshiva study centers promotes the practice of what we can label “political/commercial rabbinics” rather than practical rabbinics. Halakhic decision making becomes hostage to the necessity of maintaining crowd/communal popularity and raising money for rabbinic institutions to sustain salaried rabbinic positions rather than what may be necessarily “legally correct.”

2. Instant global communication - Any creative or innovative practice of any remote community is now instantly communicated. It is then subject to analysis and critique by the “professional rabbis” whose interest may very likely be the promotion of their own authority, their own ideology and their own local and vocal constituencies. The political and peer pressure of e-mails, blogs and the internet can suffocate innovation and inhibit the correct application of law to circumstances that may demand a different rabbinic approach than the norm. Flat and politicized worlds cannot accommodate the flexibilities needed for dealing with the subtleties of local social context.

3. Mass education—With lifestyles focused on leisure rather than survival, more than ever before, more people are engaging in religious study. This establishes an exciting base for intellectual ferment and the possibility of a true Jewish Renaissance—unseen for centuries. However, there is nothing more dangerous than a little knowledge, especially when politicized in a world of instant communication. When all of these flatteners combine with the next flattener, the results are explosive.

4. The revolt against secularism and the concurrent rise of religious fundamentalism. This is an understandable reaction to the excesses of an indulgent society and an amoral culture. The constant bombardment of the individual with anti-traditional messages through every media portal can provide a justifiable basis for isolationism in ghettos. It is a rather natural reaction to the excesses of the age of greed and materialism (the 1980s and 1990s) and our new, in the words of President Obama, “culture of irresponsibility.”

5. The rate of change of the social condition has quickened. Women are now, for the most part, treated as equal in ability and opportunity to men. The nuclear family is under siege. Revolutions in the fields of medical and life sciences pose serious ethical and halakhic dilemmas. The major institutions that dominated society for millennia are withering. Indeed, the very premises of traditional cultural values are seriously challenged. Before the twentieth century, history was defined mostly by political and religious institutions. In the past century, this paradigm has changed. Technology, more than ever, is rapidly changing the institutional landscape. (an example: The Mideast revolutions and social media). In order to remain relevant, halakha must address these major and continuously changing social dynamics.

6. The paranoia in the Orthodox world created by Conservative and Reform Judaism (as well as the overwhelming success of assimilation.) The success of alternate forms of Judaism in nineteenth-century Europe and later in America has created a charged atmosphere among Orthodox Rabbinic circles that promotes instant overreaction to any creative or lenient halakhic decision. The defense of “tradition,” is paramount, whether the suggested practice or halakhic ruling even defies Torah law itself.

These six convergent forces have contributed to the paralysis of the world of halakha. Set within this petrifying framework, the current method of rabbinic decision making cannot address rapidly changing general and local needs. It cannot address subtleties and shies away from confronting the serious moral dilemmas that accompany a world changing faster than ever. It loses elasticity as well as its dynamic capability. As we have stated, it is subject to the many political/commercial dictates of a centralized and remote Ivory Tower of rabbinic authority, most of whose leaders have retreated into the world of Fundamentalism, where change is anathema. And those Rabbis who do attempt to resolve burning issues or deal with local needs are themselves burned in the process. Just look at the reactions to Rabbi Rackman, a”h,” on the aguna issue or Rabbi Avi Weiss on just about any issue.

Hence, Rabbi Cardozo, halakhic paralysis.

I would like to suggest that the solution to halakhic paralysis has to be halakhic. I propose that we respect the legal process set in place after the Talmud was sealed in the fifth century. The Rabbis determined that halakha must be locally applied; kal vaHomer (how much more so) in a world where the rates of change vary in its different social and local contexts, However, the current definition of a “local community” must be understood in terms of new 21st century understandings. Communities are no longer merely small towns, shtetls or even local city neighborhoods. Communities are today defined as groups of individuals with common interest. Mention the word “community” today and most people think of the concept of virtual community, social media, Facebook, and web blogs. In an age of leisure and mass transportation, mass education and global communication, I suggest that this definition be broadened.

The traditional physical neighborhoods of major urban centers and suburban enclaves can no longer be considered exclusively as local communities. Communities are now defined by activity or interest rather than exclusively by geography. There are gym and health club communities, golf clubs, dance clubs, and political clubs. Communal life itself previously was characterized by long hours of work, the nuclear non-working mother family, and a local house of worship. This image of a local community is history.

Therefore, the concept of halakhic rulings being rendered by LOCAL community rabbis must now respect the need for this expansion of the term “local community.”

Let me provide a concrete example:

Several years back I attended an unusual Saturday minyan on the Upper East Side of Manhattan. It was presented as an Orthodox service, where men and women sat separated by a mehitsah, in accordance with Orthodox custom. Otherwise, women were equal participants with men as Cantors, Torah readers and Torah olim. It felt funny to me at first, since my background is Sephardic Orthodox. I approached the young, bearded Orthodox Rabbi at the end of the service and inquired how he could halakhically justify this type of service. He answered that for this group, the egalitarian activity of the women is halakhically acceptable. He explained that the traditional reason of not allowing women to participate in the services is due to the concept of “kavod tsibbur,” or the fact that male congregants would not respect women as they would men, and that involving a woman in any part of the service would detract from the majesty of the service. This particular community of individuals defined their attendance at that minyan by their commitment to egalitarian principles. Therefore, the issue of kavod tsibbur, preventing women from participation alongside men in their minyan, just did not apply.

Here we have the halakhic process totally respected with complete authenticity but non-traditional practice.

Perhaps the evolution of halakha, which eternalizes our Torah and its values, has to respect the new expanded definition of “community” and allow the time honored practice of having “local” rabbis properly posek for their new communities.

Consider the results of an exposure of our new young Jewish “activity/interest” communities to halakhic principles and their new “local” and contemporary application (as to why they might differ from other halakhic communities). This would not only inspire active inter and intra community debate, but stimulate new understandings of halakha and a new appreciation for committing and living our sacred halakha directed lifestyle.

In addition to a re-definition of “local community,” perhaps our leading rabbis should consider the use of twenty-first century technology to mitigate or “unflatten” some of our previously detailed “flatteners.” Perhaps our leading rabbis can develop a “Virtual Sanhedrin.” By that I suggest the development of a secure blog site where rabbis who share a common philosophy and respect for each other, can debate issues honestly, openly and in the cool, calm medium of a confidential and secure blog site, with controlled access only by this Rabbinic group . Furthermore, i suggest that the debates conducted over this web blog be done anonymously, with specific reference numbers assigned to each rabbi who would present their issues by numerical code. For important issues, this medium can provide the time to flesh out complications and develop more authentic legal rulings. The flatteners of rabbinic commercial/political issues, of larger than life personalities, and of instant publicity would be much more controlled. Real issues can be thoughtfully addressed and more honestly debated. This healthier debate process will result in more meaningful halakhic consensus and decision making. The fact that decisions are arrived at anonymously by group consensus will also provide political cover for any specific congregational or professional rabbi. I think the Rabbis of the Babylonian Academies, would have loved these incredible modern tools of communication for enhanced debate.

Perhaps this very same communication technology can be used to promote learning and to stimulate debate amongst active and involved community laymen. The e-mailing of “halakhic issue alerts” from the local community rabbi can become:
1. a terrific teaching tool
2. a confidential polling tool for the Rabbi to feel out public opinion prior to issuing local decisions.
(a halakhic ruling should not be openly promoted if the community would not respect it :
ex. A young adult singles mixed dancing in Orthodox synagogues during the 1950s and 1960s)
3. a community energizer on large, common and serious issues.

Imagine the ferment and excitement generated by exploring an issue like “organ donation.”
(Fragile—handle with care)

Indeed, in a rapidly evolving, technologically developed world, certain halakhic questions require specific technical expertise. Here, perhaps, rabbis of like philosophy and mutual respect should consider establishing virtual panels of specialists to deal with technical issues. Let us call this “the specialist blog.”

The panels can debate internally (a la the previous “virtual Sanhedrin” model) and, in turn, e-mail the rabbi who faces the difficult question.

I am sure this type of process currently functions in an informal manner. Why not formalize it and publicize its structure to the group of rabbis of like philosophy. I can suggest panels on:
1. Medically Assisted Conception and Birth
2. Living Wills and the Ethics of Artificial Life Support
3. The Digital Home on Shabbat

Lastly, and rather simply, why not utilize the medium of large flat screen streaming video and or DVD to present the positions and/or debates of rabbinic Superstars. Imagine a remote far flung community gathering in a synagogue to hear a presentation of Rabbi Jonathan Sacks on Pluralism and its impact on halakha.

We have here several 21st century platforms that can truly energize local synagogue life as well as stimulate adult learning and commitment to a relevant halakhic process.
If I may summarize some of these ideas:
a. an expansion of the term “local community”
b. the “Virtual Sanhedrin”
c. the “specialist” blog
c. “Halakhic Issue Alerts”
d. the “Streaming Superstar”

These simple ideas can be part of an overall process to liberate halakha from its paralyzing flatteners. Rabbi Riskin offers a wonderful spin to the classic Talmudic episode of “the Tanur of Achnai.” This story deals with halakhic authority and ends with God chuckling as His support for the minority opinion on a halakhic issue is overturned by a rabbinic court. The classic Divine response is “Nitzhuni Banai”—“My children have defeated my argument.” Rabbi Riskin answers that perhaps we should read the text as “Netzahuni Banai “—as God saying “You have eternalized me”—that by making law subject to rabbinic decision making “You have kept my law eternally relevant.”

Rabbi Cardozo, we salute your inspired call to restore halakhic dynamism. As you have pleaded so forcefully, our rabbinic leadership must respond now with new methods of decision making to keep our Torah eternally relevant.

Response to Eli Haddad:

Dear Eli,
I read your observations with great interest. While I fully agree with your thesis that halakha has been flattened for all the reasons you give, and while I admire the solutions you suggest, I believe there is another, much more fundamental problem we need to deal with. Unless we do, your solutions will not have the result you so desperately seek.

We are confronted with a terrible misunderstanding of what halakha is really all about and what it wants to accomplish.
It is not just on the practical level that halakha is flattened, but also on the ideological, religious level. We have separated halakha from a conscious awareness of God. Our halakhic living has ignored Him. We are more concerned about the specifics of halakha than we are about our existential relationship with God. No doubt this is partially the fault of the halakhic process itself. Even the Sages, when discussing these issues, rarely mention God in their conversation, making it very legal and often dry in a religious sense. The reason for this is obvious. There was no need to mention God in all these debates because they were thoroughly touched by His presence, just as water touches every part of our body while we are swimming. One does not have to mention water when completely immersed in it. God was the great background music to anything the Sages felt and said. In their view God was a challenge, not a mere notion. They had a trembling sense of the “hereness” of God. They realized that they were more known by God than God could ever be known by them.

In modern times, this religious experience has been lost on us. We study Talmud and halakha in ways that have been deeply affected by the secular environment in which we live. God-consciousness has left us. The majority of us are no longer God-intoxicated. Most if not all of our halakhic authorities have also fallen victim to this sad situation without even being aware of it. They decide on halakhic matters while God is not actively present. This does not mean that they do not believe in God or that they have no yirath shamayim, but it does mean that they are not stirred by His presence while dealing with halakhic issues. How often is God mentioned in sheeloth u-teshuvoth?

One needs to have a religious experience while deciding the halakha. Rabbis do not realize that one can only render a halakhic decision while simultaneously experiencing the wonder of life, the astonishment of existence and the marvel of Judaism. halakha can only be decided on and lived when we ask the question: How are we able to, even dare to, live in His presence? Halakha is a protest against taking life for granted. One of its aims is to make us aware that there is no commonplace, no moment of insignificance, and no deed of triviality. Halakha is the attempt to undo the attitude of “everydayness,” but it can only work when we are fully conscious of this impediment and realize that there is no way to understand the meaning of halakha unless we make this goal our most important concern. If the posek (halakhic arbiter) does not realize that this is the function of the halakha and that this should be his ultimate goal when making a decision, his attempt to lay down the halakha is futile.

The problem we face is not realizing that halakhic living may become, if it hasn’t already, a form of avodah zarah (idol-worship). When we think that by following halakhic demands we will automatically draw closer to God, we are guilty of self-deception. We do not realize that we often use halakha as a way to escape Him. We believe that as long as we are living a halakhic life we do not have to make a supreme effort to draw closer to Him through the development of our God-consciousness. But this cannot be done by halakha. It needs to come from awe, from radical amazement, as Abraham Joshua Heschel called it. Only then is the halakha able to develop and deepen these notions.

This, however, is no longer part of Jewish Education. We have allowed the spirit of halakha to be flattened and have incorporated this dullness into the way we teach our children Judaism. We have made Judaism common instead of an astonishing experience. No wonder many of our young people drop their Judaism!

Only after we have cultivated this God-awareness can we start speaking about proper halakhic observance. Its goal is to take this cognizance and introduce it into every level of our lives. The fact that we see an unhealthy emphasis on rituals, but a disregard for matters that relate to ethical standards, proves my point. Violence, a severe dislike for non-Jews, and financial corruption within the Orthodox community, all of which are not even properly and fiercely condemned by our rabbinical authorities, are the obvious result of this escape from God in the name of halakha. If Orthodox Jews would really experience the awesome presence of God, how would it be possible for them to engage in these practices? (Is it not most remarkable that rabbis who suggest slight changes in Jewish rituals for the sake of greater religious devotion are condemned as heretics and as non-Orthodox, while those so-called Orthodox Jews who violate major tenets on the ethical side of Judaism are still considered to be Orthodox?)

When conversing with yeshiva students I often ask them how many years they have spent learning in yeshiva and how many masekhtot (talmudic tractates) they have studied. Once they tell me that they have mastered a good portion of the Talmud, I ask them what they would answer if a secular Jew, or a non-Jew, would ask them why they are religious. Nearly all of the students respond in total indignation and are completely taken back by this question. They have no answer. When I ask them how is it possible that after so many years of intensive study of religious texts they are still incapable of responding, the usual answer I receive is they have never thought about these questions, nor have their teachers ever discussed these matters with them. Topics such as religion, God and the meaning of life are taboo in many yeshivoth. The half hour spent on mussar literature is, for the most part, nothing but lip service. These topics are treated as hukath hagoyim, meant for religious non-Jews, and too inferior for Jews to discuss. On several occasions I have challenged their teachers or rashei yeshivoth about this. Most of them, although not all, avoided my questions by telling me that more gemara learning or “another tosafoth” would do the trick. They were sincerely convinced that this was the solution to the problem. When I showed them the inadequacy of such an answer and kept pressuring them, it became crystal clear that they themselves were deadly scared of these topics. The policy was to ignore these issues and bury one’s head in the sand. When their students abandon yeshiva and, in today’s parlance, “go off the derekh,” they are totally surprised. But is this not obvious? What else should we expect?

God’s voice needs to be heard rising from the text, but we have long stopped teaching our students to hear it. It has been replaced with ceremonies, “observance” and humroth (stringencies), but not with holy deeds. God is of no importance unless He is of supreme importance, said Heschel.

In fact, many yeshivoth will skip—and not without pride—all non-halakhic texts, such as the aggadoth, which in fact deal with the most important dimension of halakhic living—the religious transformational purpose of the halakha. By ignoring these texts, they are sending a message to their students, not only that this part of the Talmud is inferior but that authentic religiosity is of little value. Teachers do not seem to realize that although halakha may be able to inform a man how to act in any given situation, it cannot provide insight into the quality of a given act, nor can it provide a sense of spiritual change that is the result of the performance of, or adherence to, a specific dictate. The power of aggadic and other non-halakhic material is in preventing mechanical observance and freeing man’s spirit, as well as in suggesting what one’s religious aspirations should be all about. Halakha is only the minimum of these religious aspirations. Religious non-halakhic material allows the unseen to enter the visible world and was formulated to give man the ability to go beyond the realms of the definable, perceivable and demonstrable.

Methods such as the Brisker approach to Talmud learning—today immensely popular in many yeshivoth—have in fact made this experience nearly impossible. While “hakiroth” and even “pilpul” may give spice to the discussion, they are unable to draw the student’s attention to the existential meaning of what religiously needs to be accomplished through the engagement with these texts. This is a tragedy of the first order, for which Orthodoxy pays a heavy price.
Precisely that which needs to be its most important goal has been totally dismissed and buried under the sand of halakhic discourse.

Another most important issue, which should be central to halakhic conversation, is the Jews’ obligation to be “a light unto the nations.” The Jewish people have been called upon by God to be the instrument through which He enters into the lives of all people. The universal purpose of Am Yisrael is to inspire and to transform. This has serious consequences for how halakha should be applied and, above all, how it should be taught. Nearly no halakhic authority seems to make this a central point when dealing with halakhic issues. Most halakha is decided by focusing solely on the exclusive needs of the Jewish people. Universalistic issues are ignored. While some profound Hassidic thinkers and people like Chief Rabbi Avraham Yitzhak Kook dealt with these issues when writing non-halakhic works, I can think of only Hakham Benzion Uziel, the former Sephardi Chief Rabbi of Israel, who incorporated the universalistic mission as expressed by the prophets in his way of halakhic decision making. (See also Rabbi Dr. Marc D. Angel’s book: Loving Truth and Peace: The Grand Religious Worldview of Rabbi Benzion Uziel, Jason Aronson, Inc., Northvale, New Jersey, Jerusalem, 1999)

Most present-day halakha is self-centered and often under the pressures of our galuth experience and defensiveness. (See Rabbi Eliezer Berkovits’s Hahalakha, Koha V’Tafkida.) What is urgently needed is prophetic halakha.

One of the most serious complaints by young searching Jews, when studying halakha, is the absence of the notion of mission and concern for the rest of mankind. This flattens the halakha in ways that do great damage to its very image.
All that is mentioned in this letter is only the tip of the iceberg. Mainstream halakhic Judaism will become more and more irrelevant in the years to come, except for a small but growing community of religious Jews. But the more they will dedicate their lives to halakha, the more the rest of our people will be detached from it, for the very reasons the religious Jews get more involved: the stabilization of and self-satisfaction with halakhic living. halakha has become a platitude instead of being a great spiritual challenge. Our thinking is behind the times.

Exciting News from the Institute for Jewish Ideas and Ideals

Spring 2013

We are very pleased to announce that beginning June 1, 2013, Rabbi Hayyim Angel will serve as National Scholar of the Institute for Jewish Ideas and Ideals. A remarkable scholar and teacher, Rabbi Hayyim Angel will dramatically increase the programming of our Institute by offering classes, serving as scholar in residence in communities throughout North America, organizing public conferences, conducting seminars for Judaica teachers…and more. Along with his work for our Institute, he will be expanding his teaching at Yeshiva University.

This dramatic new development has been made possible through the generosity of major supporters of our Institute who are also devoted admirers of Rabbi Hayyim Angel’s outstanding qualities as teacher and lecturer. This is a tremendous step forward in our Institute’s ongoing efforts to foster an intellectually vibrant, compassionate and inclusive Orthodox Judaism.

The well-known author, Naomi Ragen, recently wrote an article in praise of our Institute. “The truth is, something good is happening in Orthodoxy….The Institute for Jewish Ideas and Ideals is one of the prime movers of the Orthodox Spring….The Institute has been publishing an influential journal called ‘Conversations’ in which distinguished Orthodox rabbis and personalities express a wide cross-section of eye-opening opinions…encouraging a new kind of leadership.” Rabbi Hayyim Angel typifies this new kind of wise and creative leadership.

As we enter this new stage in the life of our Institute, we invite your added support and commitment.  Together, we can move forward to shape a better Jewish future.

SPECIAL BONUS:  Those who contribute $165 or more before June 20, 2013, will receive a complimentary copy of Rabbi Hayyim Angel’s new book surveying the Prophets and Writings of the Bible; Contributors of $1000 or more will also receive a copy of Dr. Pinchas Polonsky’s new book of commentaries on the Arfilei Tohar of Rabbi Abraham Isaac Kook; Contributors of $5000 or more will also receive an additional special publication.

All contributors will receive the satisfaction of being the Institute’s partners in promoting an intellectually vibrant, compassionate and inclusive Orthodox Judaism.

 

Shalom uvrakha,

 

Rabbi Marc D. Angel