National Scholar Updates

God Is Relocating: A Critique on Contemporary Orthodoxy—Four Observations

Lately, a strange feeling has gotten hold of me. I am not yet able to fully articulate it, but something tells me that God is relocating to a different residence. He has hired a moving company, and they are at this time loading all His furniture and possessions into a van and awaiting His instructions as to the destination. The truth is He’s been thinking about moving for a long time but has not yet done so because we, in our ignorance, are still busy visiting His old home, completely blind to the fact that the curtains have been taken down, most of His furniture has already been removed, and He is standing in the doorway, dressed in His jacket and ready to go. He nevertheless listens to us, smiling and feeling sorry for us that in our utter blindness we still believe we are sitting comfortably in His living room, chatting, and having coffee with Him, while in fact He is sitting on the edge of His chair, gazing longingly at the door, dreaming of His new home.

Synagogues—whether Orthodox, Conservative, or Reform—are no longer His primary residence. Surely some of the worshippers are pious people who try to communicate with their Creator, but overall, the majority of these places have become religiously sterile and spiritually empty. So God is moving to unconventional minyanim and places such as Israeli cafes, debating clubs, community centers, unaffiliated religious gatherings, and atypical batei midrash. The reason is obvious. In some of those places people are actually looking for Him. And that is what He loves; not those who have already found Him and take Him for granted. He is moving in with the young people who have a sense that He is there but cannot yet find Him. It gives Him a thrill. In some of these cafes He encounters young men sporting ponytails, without kippot, but with tzitziyot hanging out of their T-shirts, praying in their own words, attempting to find Him. In secular yeshivot, He meets women in trousers and mini-skirts who are earnestly arguing about what it means to be Jewish and who kiss mezuzot when they enter a fashion show. Then there are those who, to His delight, are keen on putting on tefillin once in a while and do this with great excitement; or who enthusiastically light Shabbat candles Friday night and can get into a serious discussion about Buddhism and how to combine some of its wisdom with Kabbalah and incorporate it into Jewish practice.

No, they don’t do so because it is tradition, or nostalgia, as their grandparents did, but because they sincerely want to connect, to grow and become better, deeper, and more authentic Jews—but at their own pace and without being told by others what they ought to do. They won’t go for the conventional outreach programs, which try to indoctrinate them and are often terribly simplistic. No, they strive to come closer because of an enormous urge and inner explosion of their neshamot. No better place for God to be, even if these attempts may not always achieve the correct goals and are sometimes misdirected.

At these unconventional sites, theological discourses take place over a glass of beer, and the participants talk deep into the night because they can’t get enough of this great stuff called Judaism. Many of these people want to study God and understand why He created the world and what the meaning of life is all about. What is the human condition? What is a religious experience? How do we confront death? What is the meaning of halakha? What are we Jews doing here in this strange universe? They realize that life becomes more and more perplexing, and these questions are therefore of radical importance. These are, after all, eternal issues. Who wants to live a life that passes by unnoticed? It is in this mysterious stratosphere that God loves to dwell. He can’t get enough of it.

Regrettably, His interest wavers when He enters conventional synagogues. He finds little excitement there. Many of His worshippers seem to go through the motions, activate their automatic pilot, do what they are told, say the words in the prayer book, and go home to make Kiddush. Few are asking questions on how to relate to God, why they are Jewish, or what their lives really are all about. Many do not want to be confronted with these nasty issues. They only disturb their peace of mind. A nice, conventional devar Torah is good enough. After all, everything has already been discussed and resolved. Regular synagogue visitors only speak to Him when they need Him, but almost nobody ever speaks about Him or hears Him when He calls for help in pursuing the purpose of His creation.

So God is moving to more interesting places. He laughs when He thinks of the old slogan, “God is dead.” It was a childhood disease. He knows we learned our lesson. It is too easy, too simplistic, and has not solved anything. He knows that He has not yet been replaced with something better. Oh yes, there are still run-of-the-mill scientists who believe that they have it all worked out. Some neurologists sincerely believe that “we are our brains” and that our thinking is nothing more than sensory activity. They seem to believe that one can find the essence of Beethoven’s Ninth Symphony by analyzing the ink with which the composer wrote this masterpiece. There are even Nobel Prize winners who believe that we will soon enter God’s mind and know it all, no longer needing Him. They are like the man who searches for his watch in the middle of the night. When asked why he is looking under the street lamp, if he lost his watch a block away, he answers: “This is the only place where I can see anything.” These scientists have still not realized that there are more things, on earth and in heaven, than their research will ever grasp. They have convinced themselves that they are merely objective spectators and have not yet understood that they themselves are actors in the mysterious drama of what is called life.

And God simply winks. During the duration of this long-term disease beginning in the nineteenth century, antibodies have been developing to fight against the denial of His very being. Although atheism is still alive and kicking, many have become immune to all these simplistic ideas. Over the years, more and more antitoxins have accumulated, and we are now stunned by the fact that He, after all, may indeed be in our midst. Suddenly, an outdated hypothesis has come to life again. God is a real possibility, and we had better become aware of that.

But here’s the catch: While the religious establishment is now shouting from the rooftops “We told you so,” it has not yet grasped that this is completely untrue. The discovery of God did not happen because of conventional religion but in spite of it.

The truth is that the great shift concerning God took place far away from the official religious establishment. It is in fact a miracle that some people continued believing in God while religion often did everything to make this impossible. For centuries the church blundered time after time. Since the days when Galileo proved the Church wrong, it was constantly forced to change its position. And even then it did so reluctantly. The enormous loss of prestige that religion suffered because of it is beyond description. God was pushed into the corner. Not because He was not there, but because He was constantly misrepresented by people who spoke in His name. Since the Renaissance, many other great minds have moved the world forward; and although several may have missed the boat, a large number of them introduced radical new perspectives of the greatest importance. Yet, the Church’s only response was to fight them tooth and nail until, out of utter necessity, when all its arguments had run out, it had to succumb and apologize once again for its mistakes. Time and again, religion lagged behind in sharing the victory of new scientific and philosophical insights. Ironically, long before the Church officially sanctioned these new discoveries, they were already part and parcel of the new world. As always, the imprimatur came too late.

Thus, religion paid a heavy price. Its territory became smaller and smaller. The constant need for capitulation made many people leave the world of religion and opt for the secular approach. And the story is not over yet. Scientists are now discussing the possibility of creating life forms in the laboratory that do not depend on DNA to survive and evolve. In all likelihood, several religious leaders will fight this again, with force and ferocity, and will probably have to succumb once more when they can no longer deny the hard facts of science.

But what was happening in the Jewish religious world? Although it cannot be denied that Judaism, too, got caught up in all these debates, and quite a few staunch traditionalists were not much better than some of the church fathers, the overall situation within Judaism was much more receptive to scientific developments. Whereas the Church declared in one authoritative voice— often the synod— that these new scientific discoveries were outright heresy, such pronouncements never took place in the synagogue. This is because Judaism is so different from other religions. Positions of unconditional belief were never its main concern. They were always debated, but never finalized, as was the case with the Church. What kept Judaism busy was the question of how to live one’s life while living in the presence of God and humanity, as expressed in the all-encompassing halakhic literature. Because of that, it did not see scientific discoveries as much of a challenge. There was also a strong feeling that scientific progress was a God-given blessing. The greatest Jewish religious thinker of the Middle Ages, Maimonides, was even prepared to give up on the concept of creation ex nihilo if it would be proven untrue. [1] Although he was attacked for some of these radical and enlightened ideas, the general attitude was: Let science do its thing, and if we were wrong in the past because we relied on the science of those days, we will now rectify our position. Even when the Talmud made scientific statements, many—although certainly not all—understood them to be the result of scientific knowledge of the day, and not sacrosanct. And even when these debates became more intensive, it was never argued that opposing views should be absolutely silenced. There was no final authority in matters of belief, no Jewish synod. At the same time, many sages warned against making science into an idol that is all-knowing and can solve life’s riddles.

Louis Kronenberger notes that

Nominally a great age of scientific inquiry, ours has actually become an age of superstition about the infallibility of science; of almost mystical faith in its non-mystical methods; above all…of external verities; of traffic-cop morality and rabbit-test truth.[2]

But today all this has changed. In many Orthodox circles, Judaism’s beliefs have become more holy than the pope. Suddenly, there is an attempt to outdo old-fashioned Catholicism; to insist that the world is actually nearly 5,800 years old; that the creation chapter must be taken literally; that the seven days of creation consisted of twenty-four hours each and not one minute more; that there is no foundation to the theory of evolution; and that the Talmud’s scientific observations came straight from Sinai. That this happened in the past, when there was limited scientific knowledge, is understandable; but that such claims are still made today is downright embarrassing. It makes us blush. We can laugh about it only because the hopelessness of some of these ideas has already passed the point of being disputable. They have faded into flickering embers soon to be extinguished.

Surely it could be argued that possibly science will change its mind. But if the core beliefs of Judaism are not undermined (and they are not!), and as long as there is no indication that science will change its mind in the near future, there is no need to reject these scientific positions. And let us never forget that it is not even completely clear what these core beliefs are! So why fight modern science? [3]

The incredible damage done by doing so is beyond description. It makes Judaism laughable and, in the eyes of many intelligent people, completely outmoded. It makes it impossible to inspire many searching souls who know what science teaches us. If not for this mistaken understanding of Judaism, many people would not have left the fold and could actually have enjoyed Judaism as a major force in their lives.

And it is here that many of us, including myself, are at fault. We blame the Synagogue for this failure, as we blamed the Church hundreds of years ago. Many of us have said, “Judaism has failed”; “It is outdated”; “I am getting out.” But such statements are as unfair as they are illogical. Judaism is not an institution external to us, which one can abandon as one quits a hockey club. We are the Synagogue, and we are Judaism. When Galileo revolutionized our view concerning the solar system, it was not only the Church that failed; we all failed. Those who from the perspective of Galileo claim that the Church was backward are reasoning post factum.

We must realize that although Judaism consists of core beliefs and values that are eternal and divine, it is also the product of the culture during which time it developed. That, too, is part of God’s plan and has a higher purpose. And when history moves on and God reveals new knowledge, the purpose is to incorporate that into our thinking and religious experience. Ignoring this is silencing God’s voice.

According to Alfred North Whitehead,

Religion will not regain its old power until it can face change in the same spirit as does science. Its principles may be eternal, but the expression of those principles requires continual development.[4]

That is why God is relocating. He doesn’t want to live in a place where His ongoing creation is unappreciated and even denied.

We have replaced God with prayers, no longer realizing to Whom we are praying. We even use halakha as an escape from experiencing Him. We are so busy with creating halakhic problems, and so completely absorbed by trying to solve them, that we are unaware of our hiding behind this practice so as not to deal with His existence. In many ways this is understandable. Since the days of the Holocaust, we have refused to confront the problem of His existence due to the enormity of the evil, which He allowed to happen. So we threw ourselves into halakha to escape the question. But although the problem of God’s involvement in the Holocaust will probably never be solved, we must realize that the purpose of halakha is to have an encounter with Him, not just with the halakha. Halakha is the channel through which we can reach Him, not just laws to live by.

Notwithstanding the incomprehensibility of the Holocaust, we must return to God. It’s high time we realize that His being is of a total different nature than we have ever imagined. God can only be understood in a way that is similar to the relationship between a computer hard disk and what you see on the screen. What you see on the screen is totally different from what is inscribed in the hard disk. You can examine the inside of the disk using the most powerful microscope, but you will see nothing even slightly resembling pictures, colors, or words. We are mistaken when we picture God based on the world screen. In no way does it reveal the actual contents of the hard disk, God Himself. All we know is that God’s ways—which we see only through the external sense of sight—is somehow related to the disk. The problem is that we believe we can have a good look at God by watching the screen. But we haven’t the slightest clue of what is actually going on in the disk. The Holocaust will almost certainly remain an enigma, but it can never deny the divine disk.[5]

It is in those who are still uncomfortable with God that new insights about Him are formed. And it will be in those uneasy environments that Judaism will be rediscovered and developed. The need for religious transcendence, and for the spiritual thread that keeps many young people on their toes, is enormous. Numerous secular people are joining a new category of spiritual theologians. Matters of weltanschauung are pivotal to many secular Jews now. The problem is that for them, and for the religious, the Torah is transmitted on a wavelength that is out of range of their spiritual transistors’ frequency.

Yes, we turn on the radio, but we hear strange noises and unusual static. There is serious transmission failure. We are no longer sure where the pipelines are. God has relocated.

In the world of physics, matters are becoming increasingly hazy. Our brains are penetrating places where well-established notions, such as matter and substance, have evaporated. They have been transformed to puzzling phenomena. They have moved, and God has moved with them. Science is becoming intangible, and it’s happening at a speed that we can’t keep up with. It puts us in a difficult position and causes us anxiety. We are all living in exile, within a mystical landscape. Those who are aware of this are alive; those who are not have left this world unwittingly.

The question is whether we move our synagogues to where God is now dwelling. Will we, the religious, live up to the expectations of the young people in cafes and discussions groups who have preceded us? Will we apologize to them and join in their discussions, creating a real religious experience out of our synagogue service? Or will we, as usual, stay put, fight the truth, and then be put to shame?

When will we move Judaism to the front seat so that it once again becomes the leader instead of a follower?

Will we move to God’s new habitat, or are we still drinking coffee in His old home, where the curtains have been removed and He is long gone?

***
There is a serious breakdown that has taken place in the Orthodox community worldwide. Today, most of these communities view themselves as observant, not model, communities. An observant community is one that is concerned primarily with religious observance. As such, it views halakha and a proper Orthodox environment to execute its demands as its priority. It sees its main obligation as ensuring that Orthodox Judaism survives the ongoing encroachment of secularism and assimilation. To a certain degree, its interest in halakha comes at the expense of Judaism itself. It lacks the language and spirit necessary to become a model community conveying the great message of Judaism to all other Jews, and even Gentiles.

Basically, it is defensive.

The Orthodox community does not realize that it is not observance that should be its main concern. Its primary goal should be to create a spiritual environment in which Jews, whether religious or not, take part in the great mission called Judaism, driven by a visionary halakha. Because it fails to understand this, it views strangers with suspicion. They are only welcome after a security check. The language spoken in these communities is of right and wrong, good and bad, safe and dangerous. It is a language of survival.

Mainstream Orthodoxy has fallen victim to a false kind of modernity in which flaunting irreverence has become the norm. Debunking is commonly practiced, and at every turn we experience the need to expose the clay feet of even the greatest. Human dignity, a phrase often used, has become a farce in real life. Instead of deliberately looking for opportunities to love our fellow men and women, as required by our holy Torah, many have rewritten this golden rule to read—in the words of Abraham Joshua Heschel—“Distrust your fellow man as you distrust yourself.” People’s lack of belief in themselves has spilled over to their relationships with others. Mediocrity has led them to believe that we are a generation of spiritual orphans. Influenced by materialistic philosophies, many a religious person who once revered his fellows has become part of the problem without even being aware of it.

When observing even those who are fully committed to helping fellow Jews find their way back to Judaism, we see an attitude that is foreign to religious life and thought. We cannot escape the impression that some people, without denying their love for their brothers and sisters, tend to talk down to “secular” Jews. This has become the norm. Constant emphasis is placed on the need to cure the secular person of his or her mistaken lifestyle. But this is asking for infinite trouble. It is based on arrogance. While religious Jews see themselves as the ideal, they relegate secular Jews to second-class status and decide that it is they who needs to repent for their mistaken ways. Such an attitude is based on the notions of contrast and lack of affinity. The secular Jew will always feel inferior. Therefore, the point of departure from which one reaches out to bring fellow Jews closer to Judaism is, at the same time, its undoing. The suggestion that “One should throw oneself into a burning furnace rather than insult another person publicly” [6] may very well apply, since it is the community of secular Jews that is being shamed and treated as inferior.

For Jews to bring others back to Judaism they need to celebrate the mitzvoth that the secular Jew has been observing for all or part of his life, not condemn his failure to observe some others.

Heschel writes, “The foundation should be humility, not arrogance.” [7] There is little doubt that secular Jews, consciously or unconsciously, keep a large number of commandments. Many of them may not be in the realm of rituals, but there is massive evidence that secular Jews are firmly committed to keeping interpersonal mitzvoth. Beneath the divisiveness of ritualism lie the underpinnings of religion, such as compassion, humility, awe, and even faith. The pledges are different, but the devotions are equal. It may very well be that the meeting of minds is lacking between the religious and non-religious Jews, but their spirits touch. Who will deny that secular Jews have a sense of mystery, forgiveness, beauty, and gentleness? How many do we know who lack inner faith that God cares? And how many will not show great contempt for fraud or double standards? Each of these is the deepest of religious values. We must try and make the so-called non-religious Jews aware of the fact that they are much more religious than they may know; that God’s light shines on their faces just as much, if not more, than on the faces of those we call religious Jews.

This not only calls for celebration but may well become an inspiration for religious Jews—not just by honoring secular Jews for keeping these mitzvoth but by taking an example from their non-observant brothers, by renewing these mitzvoth and good deeds in their own lives.

Just as the non-religious person needs to prove his or her worthiness to be the friend of a religious Jew, so the religious Jew needs to be worthy of the friendship of a secular fellow Jew. It would be a most welcome undertaking if the religious would call on the non-religious for guidance in mitzvoth in which they, the religious Jews, have been lax, as well as in how to improve themselves.

There is a significant need for calling Jews back to their roots by showing them that they never left. Once religious Jews learn that secular Jews are their equals, not their inferiors, a return to Judaism on the right terms will come about.

Orthodoxy celebrates its massive growth and unprecedented birthrate, but by doing so, it masks the tragedy of the thousands who are never given an opportunity to get in touch with Judaism or are unaware of how Jewish they really are. The language of condemnation and devaluation that permeates Orthodox classrooms not only makes it impossible for many to enter—but also causes numerous young people who were raised in a religious environment to leave the fold and turn their backs on Judaism. Even worse is the fact that Orthodoxy continues to point to this trend as evidence in support of the need for its insularity and separatism, blaming secularity for this tragic state of affairs, while the truth is that to a great extent it is Orthodoxy itself that is to blame.

***
The primary concern of Judaism is the art of living. To accomplish this goal it is committed to a strong sense of tradition and a determination to realize certain optimal goals. It is this road which has made Judaism unique and makes it stand out among the community of religions. This unique directness from a historical past into a messianic future; from Mount Sinai to justice for the orphan, widow, and stranger; and the ultimate abolition of war has saved Judaism from death by ice and death by fire, from freezing in awe of a rigid tradition and from evaporating into utopian reverie. [8]

Still, what Jews always looked for in the Torah was not just a way of living, nor the discovery of a truth but—this is scarcely an exaggeration—everything. Their love for the Torah was not just molded by particular teachings but by their conviction that everything could be found within its pages. God is no doubt central to Judaism but because the Jews never lost their intimate awareness of the multifarious colors of the Torah and its tradition, no dogma could ever gain authority. Even after Maimonides attempted, under the influence of Islamic theology, to lay down definite formulations of Jewish belief, Judaism refused to accept them as sacrosanct and did not allow such attempts to come between itself and the inexhaustible Torah text. It is for this reason that the kind of tension between religion and the quest for truth is almost unknown in Judaism. No sacrifice of the intellect is demanded.

One look in the Talmud proves this point beyond doubt. The flow of thoughts, opposing ideas, and the making and rejection of opinions and insights are abundant. The interaction between legality, prose, narrative, illusion, and the hard reality is astonishing. It makes the Talmud into the richest of all literatures; not even Greek philosophy was able to produce such a symphony of ideas in which the waves of the human intellect and divinity move forward and backward. There is an absolute lack of systematization, and it is clear that any such attempt was nipped in the bud. From a modern point of view, one might argue that the search for truth in the Torah was not directed toward proportional truth because such a notion was lacking by definition. The most persistent intellectual energy and analytic efforts were devoted to the continual contrivance of beautiful and profound interpretation to discover the totality of life.

Since the Torah was considered God-given, it might have been logical that fundamentalism would ultimately triumph and lead to conflict with science and other disciplines. But this inference is founded on a major misconception. Precisely because the text is seen as the word of God the essential ambiguity of the text was granted implicitly and every verse by definition has many levels of interpretations, both poetic and legal. There is even the compatibility of playfulness with seriousness since the former is a most important component of human existence as created by God.

Today, the attempt to streamline and straightjacket the Jewish tradition and to create a final Jewish theology is a major mistake and a complete misreading of its very character. Although there is, for practical reasons, a need to put halakhic living into a pragmatic context that requires conformity in action, this should never be the goal when focusing on Judaism’s beliefs. It is the task of the rabbis to do everything in their power to rescue Judaism from dogmatism. Although it can’t be denied that Judaism incorporates certain primary beliefs, these beliefs were always kept to the minimum and were constantly a source of fierce debate. Most important, one must remember that such “dogmas” never turned into a reductio ad absurdum. Freedom in doctrine and conformity in action was the overall policy to which the talmudic rabbis were committed, even when convinced of certain fundamental truths. This is also evident when one studies the relationship between the biblical text and the Oral Torah, where we see a minimum amount of words and maximum amount of interpretation.

It is detrimental to Jewish tradition to transform words into fixed clusters of thought and the storing up of whole theories. The idea is not to become the owner of a mass of information, which is entrusted firmly in one’s memory and carefully transmitted into notes. Once one does so, one becomes scared and disturbed by new ideas, since the new puts into question the fixed sum of information that one has stored into one’s mind. As such, ideas that cannot easily be pinned down are frightening, like everything else that grows and is flexible. Instead of being passive receptacles of words and ideas, the ideal is to hear—and most important to receive and respond—in an active, productive way. It needs to stimulate a thinking process that ultimately leads to the transformation of the student.

The attempt today to halakhalize and legalize Jewish thought is missing the whole message of the talmudic way of thinking. It will undermine the halakha itself since it will kill its underlying spirit. There is little doubt that due to the pan-halakhic attitudes that we now experience in certain rabbinical circles, we see the symptoms through which the halakha becomes suffocated and often rejected by intelligent, broad-thinking people. A plant may continue to stay alive in apparent health after its roots have been cut, but its days are numbered.

If the kind of rabbinical censorship that we have lately encountered in relationship to certain books and ideas on Orthodox Judaism was to be applied to the talmudic text itself, it would mean that the best part of this great compendium on Jewish thought and law would be censored and burned.

Freedom of thought must be guaranteed if we want the Jewish tradition to have a future. This applies in particular to teaching. A man or a woman who holds a teaching post should not be forced to repress his opinions for the sake of upholding popular simplistic opinions or even more sophisticated ones. As long as his or her opinions are rooted in the authentic Jewish tradition, and expressed with the awe of Heaven, it must be encouraged—however much this is disliked by some rabbinic authorities.

Uniformity in the opinions expressed by teachers is not only not to be sought, but is, if possible, to be avoided since diversity of opinion among preceptors is essential to any sound education. No religious Jewish student can pass as educated if he or she has heard only one side of the debates that divided the earlier and later sages. One of the most important things to teach is the power of weighing arguments, and this is the foundation of all talmudic debate. To prevent the teacher from doing do so or to bring this to the attention of his or her students is misplaced rabbinic tyranny and has no place in the Jewish tradition. It is the Christianization of Judaism by rabbis.

As soon as censorship is imposed upon the opinions that teachers may avow, Jewish education ceases to serve its purpose and tends to produce instead a nation of men and women, a herd of fanatical bigots.

Today’s talmudists must realize that they can become imprisoned by their own talmudic knowledge. They may have tremendous talmudic expertise, but they may have forgotten that one needs to know more than only all the intricacies of text. One needs to hear the distinctiveness of its content, the spirit it breathes, the ideological foundations on which it stands. To know the Talmud is to know more than its sum total.

Techniques for dealing with individuals whose opinions are disliked have been well-perfected. Especially so when the condemners are people of power and the accused are young and inexperienced. It is an easy and well-known tactic to accuse the condemned of professional incompetence. Most of the time, the dissident is quietly dropped. In the case of more experienced individuals, public hostility is stirred by means of misrepresentation and character assassination. Since most teachers do not care to expose themselves to these risks, they will avoid giving public expressions to their less “Orthodox” opinions. This is a most dangerous state of affairs. It is a way to muzzle genuine and important knowledge and to deny people insight. But above all it allows obscurantism to triumph.

Certain religious leaders, including rabbis, may believe that such tactics of repression and character assassination work, but they should know that although books can be burned, the ideas expressed in them do not die. No person and no force can put a thought in a concentration camp. Trying to do so is similar to the act of somebody who is so afraid of being murdered and therefore decides to commit suicide so as to avoid assassination.

****

Torah study has become nearly impossible, and the problem lies not with the Torah but with people. To read the text requires courage. Not courage to open the Book and start reading, but courage to confront oneself. To learn Torah requires human authenticity; it means standing in front of the mirror and asking oneself the daunting question of who one really is, without masks and artificialities. Unfortunately, that is one of the qualities that modern people have lost. Modern people have convinced themselves to be intellectuals, removed from subjectivity and bowing only to scientific investigation. As such, these people have disconnected from their Self. Because people are a bundle of emotions, passions, and subjectivities, they cannot escape their inner world, much as they would like to. Still, modern people formulate ideas. They may proclaim the rights of the spirit and even pronounce laws. But these ideas enter only their books and discussions, not their lives.; they hover above their originators’ heads, rather than walking with them into the inner chambers of daily existence. These ideas don’t enter people’s trivial moments but stand as monuments—impressive, but far removed.

People are no longer able to struggle with their inner Self and therefore cannot deal with the biblical text. The text stares them in the face, and people are terrified by the confrontation. All they can do is deny the text, so that they may escape from themselves. Since they know that they must come to terms with themselves before coming to terms with the Book, they cannot negate it or disagree with it, as this requires them to deny something that they don’t even know exists.

Does that mean that these modern people are not religious? Not at all. Even the religious person is detached from the spirit. The religious person has elevated religion to such a level that its influence on his or her everyday life, in the here and now, has been lost. It is found on the top floor of his or her spiritual house, with its own very special atmosphere. It has become departmentalized. But the intention of Torah is exactly the reverse. Its words, events, and commandments are placed in the midst of the people, enveloped in history and worldly matters. What happens there does not take place in a vacuum but in the harshness of human reality. Most of the Torah deals with the natural course of a person’s life. Only sporadic miracles allow us to hear the murmurs from another world that exists beyond. These moments remind us that God is, after all, the only real Entity in all of existence. But the Torah is the story of how God exists in the midst of mortal human’s ordinary troubles and joys. It is not the story of God in heaven, but of God in human history and personal encounter.

The art of biblical interpretation is far more than just knowing how to give expression to the deeper meaning of the text. It is, after all, impossible to treat the biblical text as one would any other classical work. This is because the people of Israel, according to Jewish tradition, are not the authors of this text. Rather, the text is the author of the people. Comprising a covenant between God and humanity, the text is what brought the people into being. Moreover, despite the fact that the people often violated the commanding voice of this text, it created the specific and unique identity of the Jewish nation.

That is precisely why reading the text is not like reading a conventional literary work. It requires a reading-art, which allows the unfolding of the essence and nature of a living people struggling with life and God’s commandments.

This calls for a totally different kind of comprehension, one that must reflect a particular thought process and attitude on the part of the student.

George Steiner expressed this well when he wrote:

The script…is a contract with the inevitable. God has, in the dual sense of utterance and of binding affirmation, “given His word,” His Logos and His bond, to Israel. It cannot be broken or refuted.[9]

The text, then, must be approached in a way that reflects a human commitment to ensure that it indeed will not be broken or refuted. This has become a great challenge to modern biblical interpretation. Many scholars and thinkers have been asking whether the unparalleled calamity of the Holocaust did not create a serious existential crisis in which the text by definition has been invalidated. Can we still speak about a working covenant by which God promised to protect His people, now that six million Jews, including more than a million children, lost their lives within a span of five years under the cruelest of circumstances?

The reason for raising this question is not just because the covenant appears to have been broken, but also because history—and specifically Jewish history— was always seen as a living commentary on the biblical text. The text gave significance to history and simultaneously took on its religious meaning.

Can the text still be used in that sense, or has it lost its significance because history violated the criteria for its proper and covenantal elucidation?

Not for nothing have modern scholars suggested that there is a need, post-Holocaust, to liberate ourselves from this covenantal text in favor of shaping our destiny and history in totally secular terms. The Holocaust proved, they believe, that we have only ourselves to rely on, and even the return to Israel is to be understood as a secular liberation of the galut experience.

It is in this context that “commentary” needs to take on a new challenge: to show not only how the covenant, as articulated in the text, is not broken or refuted, but how in fact it is fully capable of dealing with the new post-Holocaust conditions of secularity. Without falling victim to apologetics, biblical interpretation will have to offer a novel approach to dealing with the Holocaust experience in a full religious setting, based on the text and taking it beyond its limits.

It will have to respond to the fact that God is the most tragic figure in all of history, making the life of humanity sometimes sublime while at other times disastrous. The biblical text is there to tell humans how to live with this God and try to see meaning behind the absurdity of the situation.

But above all, modern commentary must make sure that the Torah speaks to the atheist and the agnostic, for they need to realize that the text is replete with examples of sincere deniers and doubters who struggled all of their lives with great existential questions. The purpose is not to bring the atheists and agnostics back to the faith, but to show that one can be religious while being an atheist; to make people aware that it is impossible to live without embarking on a search for meaning, whether one finds it or not. It is the search that is important, the end result much less so. The art is to refrain from throwing such a pursuit on the dunghill of history throughout the ages. The struggle of homo religiosus is of greatest importance to the atheist.

That most secular people no longer read the Torah is an enormous tragedy. The Torah is too important to be left to the believer. The beauty of day-to-day life takes on a different and higher meaning through the Torah, and that will evoke in atheists a faintly mystical anticipation, which they will experience when they are alone or when they watch a sunset at the beach. A voice is born, and it speaks to them; they feels a melancholy that calls forth something far away and beyond. They happen upon a situation that suddenly throws them over the edge, and they get taken in by the experience of a loftier existence. They realize that the god they were told to believe in is not the God of the Torah. The latter is a God with Whom one argues; a God Who is criticized and Who wants people to search even if it results in the denial of Him.

This issue is related to other critical problems. Surveying Jewish history, we see drastic changes in the ways the biblical text was encountered. In the beginning the Torah was heard and not written. Moshe received the Torah through the spoken Word: “The Word is very near to you; it is in your mouth and in your heart, for you to carry out.” [10] God may be unimaginably far away, but His voice is heard nearby, and it is the only way to encounter Him.

At a later stage, the Word evolved into a written form. Once this happened, there was a process by which the spoken Word was slowly silenced and gradually replaced by the written form. With the eclipse of prophecy, God’s word was completely silenced and could then only be read. As such, the Word became frozen and ran the risk of becoming stagnant. At that stage it was necessary to unfreeze the Word, which became the great task of the Sages and commentaries throughout the following centuries.

Subsequently, a third element gained dominance. The text must be relevant to the generations that study it, while at the same time remaining eternal. Commentators throughout the ages have struggled with this problem. How does one preserve the eternity of the Word and simultaneously make it relevant to a specific moment in time? Many commentators were children of their time and clearly read the text through the prism of the period in which they lived. This being so, the perspective of eternity became critical. It was often pushed to the background so as to emphasize the great message for the present. Much of the aspect of eternity was thereby compromised, and that caused a few to wonder how eternal this text really is.

Others wrote as if nothing had happened in Jewish history. That reflected the remarkable situation of the Jewish people in galut: its ahistoricity. After the destruction of the Temple, Jewish history came to a standstill. Although much happened, with dire consequences for the Jews, they essentially lived their lives outside the historical framework of natural progress. It became a period of existential waiting, with the Jewish people anticipating the moment when they could once again enter history, which eventually came about with the establishment of the State of Israel in 1948.

Inevitably, then, some commentators wrote their exegeses in a historical vacuum. They hardly emphasized the relevance of biblical texts to a particular generation. Therefore, the student was often confronted with a dual sentiment. While dazzled by a commentator’s brilliant insight, the student was forced to ask: So what? What is the implication of the interpretation for me, at this moment in time? Here we encounter a situation in which relevance is sacrificed for the sake of eternity.

With the return of the Jewish people to their ancestral homeland, Jews are confronted with an unprecedented situation, which has serious consequences for biblical commentary. Due to a very strong trend toward secularism, caused by the Holocaust as well as other factors, the issue of relevance versus eternity has become greatly magnified.

Today, more than ever before, there exists a greater and more pressing need to show the relevance of the text. The radical changes in Jewish history call for a bold and novel way of understanding the text as a living covenant. At the same time, the drastic secularization of world Jewry and Israeli thinking requires a completely new approach on how to present to the reader the possibility of the Torah’s eternity. With minor exceptions, the religious world has not come forward with an adequate response.

Most worrisome is the fact that the majority of Jewish commentary books published today in Orthodox circles comprise compilations and anthologies of earlier authorities without opening any new vistas. It is as if new interpretations are no longer possible. The words of God are treated as if they have been exhausted. It clearly reflects a fear of anything new, or an inability to come up with fresh and far-reaching ideas. This phenomenon has overtaken a good part of the Orthodox scholarly world. Judaism is turning more and more into a religion in which one writes glosses upon glosses, instead of creating new insights into the living covenant with God.

No doubt, not every person is equipped with the knowledge and creativity needed to undertake the task. Years of learning are an absolute requirement before one can make a genuine contribution in this field. Still, one must be aware of the danger of “over-knowledge.” When the student is overwhelmed by the interpretations of others, he or she may quite well become imprisoned by them and so lose the art of thinking independently. Instead of becoming a vehicle to look for new ideas, the student’s knowledge becomes detrimental. This has happened to many talmidei hakhamim.

What is required is innovation in receptivity, where fresh ideas can grow in the minds of those willing to think creatively about the classical sources, without being hampered by preconceived notions. Only then will we see new approaches to our biblical tradition that will stand up to the challenges of our time.

****
We are currently living in a transitional phase of monumental proportions and far-reaching consequences. Our religious beliefs are being challenged as never before. We are forced to our knees due to extreme shifts and radical changes in scientific discoveries; our understanding of the origins of our holy texts; our belief in God; the meaning of our lives; and the historical developments of our tradition. We find ourselves on the precipice, and it is becoming more and more of a balancing act not to fall off the cliff.

We keep asking ourselves: Can we survive and overcome? What are the tools to make that possible? Or, shall we drop our earlier beliefs, give in, and admit our defeat?

In the old religious climate, everything was certain. We knew the truth. Traditional Judaism gave us the foundations, and everything was under control. The tradition was safeguarded behind shatterproof glass, well-protected and unshakable. But now, all certainty is affected by skepticism and the glass has been broken.

Today, faith dangles in the free flow of doubt, and we need to learn how to live in this new stratosphere.

The truth is that Jewish Orthodoxy (from the Greek orthos ("true" or "right") and doxa ("opinion" or 'belief") never existed. Originally, Judaism was highly unorthodox. Although it always believed in God and Torah, it never offered any specifics of what God meant or what Torah consisted of. That was left to speculation, never to be determined. The early Sages, as testified by the Talmud and philosophers, disagreed on some of the most fundamental issues of faith.

But over the years, we wanted more certainty. We wanted it handed to us on a silver platter, so that we could avoid debates and live a life of religious comfort, apathy, and mediocrity. Influenced by other religions, we adopted the need for cast-iron certainty and psychological security. So we began to rewrite Judaism in a way that would fit into the notions of established religions—well-structured, with a good dose of dogma. What we did not realize is that by doing so, we misrepresented Judaism by losing sight of the plot, thus doing it a great disservice.

We need to realize that our epoch of uncertainty is in fact much more conducive to authentic Judaism than all the conviction we've had in previous generations. It forces us to rediscover what Judaism is really about and gives us the opportunity to rebuild where rebuilding is required and leave untouched what should remain untouched.

Because we are compelled to reconsider, we will delve more deeply into the great resources of Judaism and stay away from all superficiality to which Judaism has lately succumbed. The greater the challenge, the more profound are the discoveries. Knowledge is important, but doubt is what gives you an education.

Moreover, we will actually be able to enter the minds of all those biblical figures who lived in constant ambiguity about God and the Torah. Avraham’s great doubts concerning the reliability of God in connection with His request to sacrifice his son Yitzchak was a most traumatic experience. It was the pinnacle of religious uncertainty.

Moshe’s bewilderment at not knowing who God was when he asked to see Him and God’s refusal to reveal Himself are the climax of intense religious struggle. In the desert, the Israelites asked whether God was among them. This came close to pantheism or even atheism. Nadav and Avihu’s unauthorized offering of a "strange fire" in the Tent of Meeting came from a feeling of ambiguity about whether the only way to serve God was by merely following the strict demands of halakha as given by God, or whether one could explore new avenues to divine service.

On one occasion, the Israelites were not sure whether the Torah was indeed the word of God. Korah challenged this very belief and declared that it was not from heaven and that Moshe and Aaron were not prophets.[11] This must have caused a major crisis among the Israelites.

The Torah gives evidence to a most difficult religious journey traveled by the Israelites, full of doubt, struggle, and trauma. Surely some of these doubts were more existential than intellectual, but the latter cannot be disregarded.

Once we realize that uncertainty was part of the biblical personality, we will have a much better grasp of the text and what Judaism is actually claiming. But this is only possible when we find ourselves challenged by those very existential doubts.

There is nearly nothing greater than the free flow of doubt in today’s society. It offers us unprecedented opportunities to rediscover real religiosity. In contrast, the quest for certitude paralyzes the search for meaning. Uncertainty is the very condition that impels humanity to develop its spiritual and intellectual capacity. Sure, this is a risky undertaking, but there is no authentic life choice that is risk free. Life means constantly moving and growing, whereas organic matter that fails to shift and grow decays and will eventually die. So it is with a person’s religious life. The role of religion is to accommodate the blossoming of the human soul and to prevent one from descending into a place of spiritual stagnation.

Whereas our not-so-distant ancestors in the days of the emancipation walked out and left Judaism behind, declaring it no longer relevant, we know better. We won't take that cheap and easy road. We know that Judaism is much too great to abandon, even if there are obstacles along the way. We are aware that Judaism stands head and shoulders above anything else, and that no philosophy or religious practice can replace it, but we have yet to discover what it is that gives Judaism its unique profundity. We still walk in our childhood shoes, knowing that we have not yet entered the world of adulthood. AusdemKindes—in das Mannesalter.[12] We realize that we must be careful not to obscure the real idea of growth, which is not to leave things behind us, but to leave things inside us.

What we all know deep down is that we have to renew Judaism from within. Not by letting it go, but by raising it up. Not through Reform and Conservative Judaism, or Orthodox dogma, but through a radical purifying process that will take years. Until now we have been busy digging and have found some very interesting elements, but we have not yet hit rock bottom and our findings have been too superficial and too few to make a breakthrough.

Over the years we have covered Judaism with too many clinging vines, to the point where we can no longer see or even recognize das Ding an sich, "the thing in itself." A thick scab has grown on Judaism, and it needs to be scraped off. We have to expose the founding pillars and build a superstructure. We must recognize that the barer Judaism gets and the more uncertain we become, the closer we get to where we need to be, until we hit the core. It will manifest itself in many opposing colors, creating an enormous, beautiful canvas. In this new setting it will be clear that religious uncertainty is one of the most powerful ideas, which keeps us on our toes. And it will give us great insight into Judaism’s core beliefs.

Beneath the clinging vines are divine words. For too long we have mistakenly believed that Judaism is the clinging vine itself. Yes, it had its purpose, but that is not where we will find divinity. It is deeper down, beneath the layers. The time has come to remove it. But it has to be done slowly and in such a way that we do not harm the core. We must remove outdated ideas, often borrowed from other religions; remove the galut from halakha, which became overly defensive; and have the courage to see a new religious world emerging, which will offer us the authentic meaning of the divine Torah and mitzvoth.

It will be painful for those who are looking for absolute certainty. We understand the anguish it will cause. But there is no turning back, and after a time the joy of uncertainty and of discovering the deeper meaning behind Judaism will be immensely greater than that which certainty could ever offer us.

The goal is not at all to be sure that the Torah was given at Sinai, or that all its stories are true. There are very good reasons to believe it is, but we don't know for sure and we should not know for sure. Is it not marvelous to take a leap of faith and live according to something that one cannot be sure of? Of what value are convictions that are unaccompanied by struggle?

Faith means striving for faith. It is never an arrival. It can only burst forth at singular moments. It does not arise out of logical deduction, but out of uncertainty, which is its natural breeding ground.

To have faith is to live with unresolved doubts, prepared to rise above ourselves and our wisdom. Looking into the Jewish tradition with its many debates, one clearly understands that those who deny themselves the comfort of certainty are much more authentic than those who are sure.

Faith means that we worship and praise God before we affirm His existence; we respond before we question. Man can die for something even as he is unsure of its true existence, because his inner faith tells him it is right to do so. This honest admission of doubt is not only the very reason why it is possible to be religious in modern times; it is the actual stimulus to do so.

We need to understand that faith is "the art of drawing sufficient conclusions from insufficient premises," [13] and "we can be absolutely certain only about things we do not understand." [14]

To believe is not to prove, not to explain, but to yield to a vision.

Of course belief cannot be credo quia absurdum est. It has to make sense and have a lot to say for itself in terms of knowledge and wisdom. Still, just as no building stands on rock-bottom, but on unsure pillars deeply driven into the ground so as to resist an earthquake, so must belief have enough strength to prove its worth without ever reaching absolute certainty.

Faith is like music. It is true because of its beauty not because of its intellectual certainty. Is it not created from impossible paradoxes, as well as a great deal of imagination that surpasses rationality and scientific or historical facts?

David Weiss Halivni writes,

The truly great need no synthesis. They absorb whatever experience offers them. Their intensely creative personalities act like a fiery furnace, melting away contradictions. What emerges is either a harmonious whole or a creative parallelism with parts that mutually fructify and supplement each other. The truly great do not need to trim edges, as it were, to make genuine experiences fit with each other. They preserve them intact. And if their experiences appear contradictory, they build an emotional bridge spanning them allowing both the landscape and the water to be seen. Lesser mortals resort to logical means of harmonization. [15]

The aim of halakha is to teach us the art of living with uncertainty. Halakha was not meant for those who are sure, because nobody can act out of certainty.

The most challenging question in all of life is what do you do and what do you believe when you are not sure. It is that notion that moves the scientist, the philosopher, and most of all the religious personality. We must destroy the security of all conventional knowledge and undo the normalcy of all that is ordinary. To be religious is to realize that no final conclusions have ever been reached or can ever be reached.

Halakha is the upshot of un-finalized beliefs, a practical way of living while remaining in theological suspense. In that way, Judaism doesn't turn into a religion that either becomes paralyzed in awe of a rigid tradition, or evaporates into a utopian reverie. This dynamic can only come about when Jewish beliefs consist of fluid matter, which halakha then turns into a solid substance. The purpose of halakha is to chill the heated steel of exalted beliefs and turn them into pragmatic deeds without allowing the inner heat to be cooled off entirely. Jewish beliefs are like arrows, which dart hither and thither, wavering as though shot into the air from a slackened bowstring, while halakha must be straight and unswerving but still adaptable.

Indeed, we should be careful not to make faith into an intellectual issue. It is much more than that. The moment we look down on those who continue to have unshakable faith, considering them primitive in face of the many challenges, we have overlooked an important dimension of real faith. Besides the fact that such an attitude reflects arrogance, it also misses an important point: Faith is always more than just thinking about faith. Yes, those people who have lost their faith yet still hold on to it, honestly attempting by way of discussion and study to give their lost faith a new shape, should be deeply respected. At the same time, we should not forget that they are searching for something that the "simple" believer already has.

When we place the reflection on faith higher than the direct experience of faith, we are involved in a purely intellectual endeavor. The search for faith can only be genuine when it is personal, deep, and emotional, and the intellect only plays a small part. The accompanying qualities must be humility, the notion of inadequacy, and a strong urge to find authentic faith. Genuine belief is a way of living, not an academic undertaking. It is an experience in which the whole of the human being is engaged.

Doubt only appeals to the intellect. The intellectual approach to faith is always a barer form of existence than faith itself. The reason is obvious. Besides our critical assessment, the other human faculties remain idle. Trust, hope, love and the notion that one is part of something bigger no longer play a role. Instead, life becomes nothing more than only itself. When doubt and skepticism are no longer the most important faculties through which one seeks religious faith, only then is it possible to actually find it. Skepticism, though it has its place, should not be at the center of one’s search. In today’s climate there is a certain gratification in going to the extremes of genius and brilliance until one nearly loses that which one would like to discover. Intellectual thought and scientific discovery can never cover the sum total of the inner life of man. When one prays, one is involved in something that the intellect can never reach. When one studies Torah and hears its divine voice, it becomes something different than what academic study can ever achieve. It is in a separate category, which is closed to the solely scientific mind.

It is vital that we see these facts for what they are. Only when we realize that intellectual certainty is not the primary path toward finding religious truth, will we be able to deal with our new awareness that the transitional phase we now experience has great purpose and has to be part of our religious struggle and identity. It won’t be easy. Novelty, as always, carries with it a sense of violation, a kind of sacrilege. Most people are more at home with that which is common than with that which is different. But go it must.

God has relocated.

[1] Moreh Nevukhim, Part 2, chapter 25.
[2] Louis Kronenberger, Company Manners: A Cultural Inquiry into American Life (Indianapolis, IN: Bobbs-Merill Co., 1954), 94.
[3] Regarding the claim that the full text of the Torah is divine, or that miracles are possible, it is a matter of debate whether these are completely denied by scientific knowledge or not. Many of these claims are not solely within the sphere of pure science. They touch on matters related to the philosophy of science or in the case of Bible criticism, to literary interpretation and the reliability of archeological findings.
[4] Alfred North Whitehead, Science and the Modern World (Cambridge: Cambridge University Press, 1925), 234.
[5] I borrow this comparison from my dear friend Professor Yehudah Gellman of Ben Gurion University. See his God’s Kindness Has Overwhelmed Us: A Contemporary Doctrine of the Jews as the Chosen People (Emunot: Jewish Philosophy and Kabbalah Series, Brighton, MA: Academic Studies Press, 2012).
[6] Berakhot 43b.
[7] See Avraham Joshua Heschel’s many essays in his The Insecurity of Freedom, Essays on Human Existence, New York: Schocken Books, 1972.
[8] Walter Kaufmann, Critique of Religion and Philosophy (Princeton: Princeton University Press, 1958), 268.
[9] George Steiner, “Our Homeland, the Text.” Salmagundi No. 66 (Winter–Spring 1985), 12.
[10] Devarim 30:14.
[11] See the Jerusalem Talmud, Tractate Sanhedrin, chapter 10.
[12] German for "from childhood to adulthood." Professor G. Heymans, Inleiding in de Metaphysica (Dutch), [Einfuhrung in die Metaphysik in German] (Groningen, the Netherlands: Wereldbiblioteek, 1933), Introduction by Professor Leo Polak.
[13] Samuel Butler and Francis Hackett, The Note-Books of Samuel Butler (Nabu Press, 2010), 27.
[14] Eric Hoffer, The True Believer (Harper Perennial Modern Classics: 2010), 81.
[15] David Weiss Halivni, "Professor Saul Lieberman z.l." Conservative Judaism, vol. 38 (Spring, 1986), 6–7.

The Ninth Level--Tsedek, not just Tsedakah, by Naomi Schacter

Four idealistic religious social activists started making the rounds among rabbis and other religious leaders four years ago, to see if perhaps they were missing something. Assaf, Chili, Efrat and Shmuli had grown up together in Jerusalem, been through the religious youth movements, yeshivas, army — but they were troubled. Times in Israel were difficult. Of course they were concerned about the recent Intifada and the security situation, but they were equally concerned about internal social problems: steadily rising poverty, trafficking in women, employment rights. These problematic trends were beginning to characterize their beloved country. And they could not understand why there were no organized efforts or cries of protest from the official rabbinic community, or efforts spearheaded by their own religious spiritual mentors. Where was the voice of Judaism on these issues? Thus was born the concept for a new organization in Israel, Bema'aglai Tzedek, to address the numerous social ills in Israeli society in connection with the millenia-old Jewish ethical traditions, which speak of Tzedek and Tikun Olam. These young and dynamic religious activists strongly believe that Jewish tradition has essential ideas to contribute to the current socio-economic discourse in Israeli society.

And this organization is making waves. Slowly, some rabbis are starting to acknowledge and try to deal with these issues. But why so few, and where were their voices beforehand, and where are their colleagues’ voices now, both here in Israel and in North America?

In Reform synagogues throughout North America, the voices from the pulpits talk about social justice, civil rights and other such issues. Why are these basic humanitarian issues not being regularly addressed from Orthodox pulpits? Surely humanitarian ideas do not conflict with deep-rooted Jewish values. Where is our concern for the commandments regarding social justice repeated many times in the Torah, such as "You shall not wrong a stranger or oppress him, for you were strangers in the land of Egypt. You shall not afflict any widow or orphan" (Ex. 22:21-2), or "If there is among you a poor man, one of your brethren, in any of your towns within your land which the Lord your God gives you, you shall not harden your heart or shut your hand against your poor brother, but you shall open your hand to him, and lend him sufficient for his need, whatever it may be"(Deut. 15:7-8).

I don't pretend to have answers to why the religious community has separated itself from issues relating to civil rights and social justice. In the current socio-political environment these values have become associated with the secular left. But it is unclear why that has happened. Assaf Banner, the director of Bema'aglai Tzedek, said that when he and his friends started talking the social justice lingo, people were surprised: “We didn't fit the stereotype of the secular Tel Aviv Ashkenazi with round wire glasses…."

When I discussed these issues with a colleague of mine, an intelligent young woman who grew up in the Reform movement in upstate New York, but is now a newly married, religious, head-covering Jerusalemite, she theorized that “halakhic imperatives emanating from the rabbinic tradition stipulate various laws aimed at preserving Am Yisrael, using the strategy of social isolation: inflexible kashrut laws, prohibitions against consuming alcohol in ‘mixed company’, etc. This isolationist approach has given way to the development of an Orthodoxy that is self-absorbed, ethnocentric, and the sociological backdrop to the stunted growth of social justice initiatives in the Orthodox community.” This seems to me a very important insight into our present situation, coming from someone who once sat on the other side of aisle, as it were. And it echoes certain thoughtful academic voices as well. As Menachem Lorberbaum, Chair of Hebrew Culture Studies at Tel Aviv University and a Senior Fellow at the Shalom Hartman Institute, told me: "Part of the problem is that there is no sense of Jewish peoplehood in Orthodoxy, no appreciation of the depth of diversity of Jewish people." He sees Orthodoxy as very insular, and legitimacy has become more important than substance.

Can it be that the Orthodox establishment is more worried about punctilious and zealous application of halakha, and keeping Jews separate from the rest of the world, than about enacting the elemental responsibility to uphold the dignity and basic rights of the disadvantaged and the weak? Why do the two have to be mutually exclusive?

Don’t get me wrong. I am not suggesting that the Orthodox religious community shows no concern for others. On the contrary, the commitment of Orthodox Jews to Hesed and Tzedakah is on whole exemplary. The ultra-Orthodox community takes care of its own, in a well-organized fashion, somewhat reminiscent of the institutionalized welfare-community infrastructure outlined in chapter one of the Talmudic Tractate Baba Batra. However, it seems that although the Orthodox community certainly practices Tzedakah with a laudable passion, the institutionalized and almost bureaucratic welfare state described in the Talmud has not been adopted.

There is a difference between Tzedakah and Tzedek. This distinction becomes critical in the context of the Jewish State. Tzedakah helps to ease an immediate urgent situation in a specific case, but does nothing to solve the deep-rooted social ailments which are the root of the problem.

Rambam's Tzedakah ladder is well-known. The highest degree of charity, the 8th level, requires strengthening the hand of one’s poor Jewish brother and giving him a gift or [an interest-free] loan, or even entering into a business partnership with him. In other words, we must help a poor person to get on his feet, so that he can break his dependency and progress on his own. In the context of the Jewish State, perhaps there is a level that is even higher – a 9th level which requires an institutionalized effort to eradicate poverty, to budget sufficiently to help the weakest citizens adequately, to enforce minimum wages and affordable health-care.

In the summer of 2003, when a series of budget cuts in Israel slashed welfare allocations, the single parents were among those hit hardest. Their summer vigil in an improvised tent-city outside of the Knesset attracted tremendous attention from the media and ultimately from the decision-makers themselves. But where was the organized rabbinic response as this group of (mainly) women fought for the State to help them provide food and shelter for their children? There was silence. This proposed 9th level requires proactive efforts for social change: if the government does not act, its citizens must raise their voices in protest; civil society organizations should not take upon themselves the State's responsibilities.

At the recent opening of a new Center for the Study of Philanthropy at Hebrew University in mid-March, the keynote lecture was delivered by Professor Leslie Lenkowski from the Center on Philanthropy at Indiana University. Although he did not refer to a 9th rung on the Rambam ladder, he did speak of the 8th rung, using the classic metaphor of "not just giving the fish, but teaching to fish, and… perhaps even reforming the fishing industry." Interestingly, in the second chapter of Baba Batra, in a discussion of fair business practice, detailed regulations are provided relating to the fishing industry that essentially allow for equal access to fish for all fishermen. This chapter could well be cited by Orthodox voices of social conscience here in Israel and abroad. North American Orthodox philanthropists who generously give to Israel tend to have a knee-jerk, negative reaction to social advocacy organizations – even while fervently supporting the soup kitchens, or their favorite Yeshivas and orphanages. Those causes are indeed extremely important and worthy; but is the exclusive focus on such service-providing charities really in the spirit of Rambam's highest rung?

Bema'aglai Tzedek is running numerous programs to try to wake up the religious Jewish community to the need for strong Jewish advocacy, Tzedek (and not just Tzedakah). Together with Bet Morasha they run a Bet Midrash Program that brings Rabbis and religious leaders together to study texts and develop Jewish responsa to social issues. Rabbi Benny Lau, nephew of the former Chief Rabbi, Israel Meir Lau, has been one of the main teachers in this program. Another leader active in these efforts is Rabbi Yuval Cherlow, Rosh Yeshiva of the Yeshivat Hesder in Petach Tikva and one of the leaders of "Tzohar" (an Israel-based group of religious Zionist Rabbis trying to shape the Jewish identity of the State of Israel, according to principled understanding and moderation). Rabbi Cherlow recently published an article in a journal, “An Introduction to Questions of Social Justice in Halakha."

Among its many interesting activities, Bema'aglei Tzedek's most innovative move thus far has been the creation of the "social seal" (Tav Hevrati). This plays on the authority and status of the required Kashrut certificate. Businesses (mainly restaurants), have to live up to certain standards of employment rights, disabled access, minimum wage, in order to receive the "social seal," which they are then entitled to display in their window. The "social seal" in Israel has caught on and is now prevalent in Jerusalem, Tel Aviv, Kfar Saba and Be'er Sheva. In the same way that customers routinely ask to see a Kashrut certificate before buying products or services, they may now confirm that a business has conformed to the standards of the the social seal. As Assaf Banner asks, "Shouldn't an observant Jew check first that the eatery has this social seal and then the Kashrut certificate? After all, the social seal concerns requirements that are Torah laws, and a number of the Kashrut standards came only later, as rabbinical laws."

It seems so obvious. I recently came across an article written by Rabbi Haskel Lookstein in 1971, titled "Kosher Lettuce." The reference was to the boycotts on agricultural products that were being harvested by underpaid and abused migrant workers. Given the human rights violations of these workers, he argued that the lettuce was not kosher. Kashrut here has a moral basis. To drive the point home, Rabbi Lookstein cited a moving Hassidic story: “It is told of the great Hassidic sage and saint, Rabbi Simha Bunim, that he once visited a matzah factory and saw the workers there being exploited. ‘God,’ he exclaimed, ‘the gentiles falsely accuse us in a vicious libel of using the blood of gentiles in our matzah. That is false. But we do spill Jewish blood into our matzah--the blood of the exploited workers.’ He thereupon issued a most unusual ruling. He declared the matzah produced under exploitative conditions as being ‘forbidden food,’ i.e. non-kosher.”

In order for social justice to return (and I say return, because I do think it was there in the early stages of the Jewish community, and certainly present in the times of Hillel), there has to be a combination of bottom-up and top-down efforts. The grassroots efforts to establish a society on the great pillar of social justice are many and impressive, but the religious leadership has to get on board, relentlessly teaching their constituents about the importance of social justice as it affects society at large.

Hanukkah: Bright Lights, Big Cities

The pace of technology grows so dizzyingday by day that it’s likely we’re now living more in the future than we are in the present.What were once mere imaginings of science fiction films -- the “futuristic” landscapes of Fritz Lang’s silent classic Metropolis,the flame-belching towers of Ridley Scott’s Blade Runner, and the gravity-defying dream scapes of Christopher Nolan’s Inception, to name but a famous few-- have proven, in fact, to be visionary. They have become our actual homes, our daily workplaces, our shopping malls and amusement parks. Stepping out of the subway into the digital blitz of Times Square after dark, for example, we might feel much as though we werehurtling headlong into cyberspace itself. Doubtless, we already inhabit a world where, as one modern author has observed, “technology is visceral…pervasive…Not outside us, but next to us. Under our skin; often, inside our minds.” Standing herein the midst of this brilliant, hypnotic, infinitely distracting (and, one might argue, ultimately illusionary)21st century atmosphere, would any of us notice the unadorned glow of a Hanukkiyah, Hanukkah lamp?

I raise the question to make a simple point. As human beings, we are eminently fallible, always distractable. Rabbi Moses Isserles (the “Rema”),in a gloss on the Laws of Prayer (Hilchot Tefillah 101:1),clearly suggests as much when he questions whether we ought to repeat a section of the Shemoneh Esrei if our attention wandered when we recited it the first time.The Rema’sargument is straightforward.What’s to prevent us from being similarly distracted the second time around? Still,though as physical beings we are all of us prone to distraction, as spiritual beings we try to transcend. As Jews in particular, we try to develop a capacity to hone in on a more truthful spiritual realm beyond the often-illusory realm of distractions in the material world. And that is the metaphorical significance of the question about Hanukkah lights in Times Square.

As thinking Jews,with an abiding allegiance to Jewish ideas and ideals,we try to see beyond the big lights of the big city in order to discover a more permanent, a more honest beacon that shines true, no matter how hidden, no matter how small. As thoughtful beings, we come to recognize true worth in the quality of our experience not in its quantity. Perhaps that, too, is what the Rema above is getting at, cautioning us against mere repetition of a blessing without a concomitant unclouded concentration and a meaningful change in spiritual perspective.

In his essay“Maamar al ha’Emunah,”Rabbi Elchonon Wasserman wonders how the great Greek philosopher Aristotle – to whom the Rambam attributed genius just below the level of ru’ach ha’kodesh and nevuah, divine spirit and prophecy – could somehow, despite his great intellect, fail to see past the illusions of the material world. Rav Wasserman concludes that Aristotle’s failing was an overriding attraction to the very physical olam ha’zeh and a consequent reluctance to turn away from its many seductive attractions.

Among the many heirs to Aristotle,committed to the continued transmission of Greek thought and practices known as Hellenism, were the Seleucid Syrians, whose kingdom was established from a slice of the divided empire of Alexander the Great, himself a world conqueror tutored first-hand by Aristotle. It is against these Seleucid Greeks that the warrior Maccabees fought long and hard, their ultimate spiritual victory coalescing into the very essence of the Hanukkah holiday. If we examine the decrees issued against the Jews of the Seleucid Syrian king Antiochus Epiphanes – as traditionally described in the discussion of Hanukkah by the Kitzur Shulchan Aruch (139:1) – we find the inevitable battle lines of Hellenism versus Judaism being drawn. Unsurprisingly, Antiochus sought to annul the Covenant between Israel and its Lord, “And Antiochus decreed prohibitions against the Jews, forbidding them to study and practice their Torah Laws.” The ancient extra-canonical Scroll of Antiochus, Megillat Antiochus,specifies (in verse 11) three gezerot, prohibitions, in particular. The enemy king’s designs were to uproot and eradicate the practice of a) Shabbat, b) Rosh Chodesh, and c) Brit Milah.

What makes this precise choice of prohibitions so pointed, in light of the above discussion, is the symbolic spiritual value they possess. First, the light of the Shabbat candles is analogous to the light of the Temple Menorah rededicated by the Maccabees; indeed, the Talmud itself (Shabbat 21a) introduces this analogy between Shabbat and Hanukkah candles in launching its locus classicus discussion of the Hanukkah holiday. Next, the so-to-speak “rekindled” light of the moon at Rosh Chodeshi s analogous to the renewal of the Menorah’s light after a period of spiritual darkness.Finally, the eight days of Brit Milah are analogous to the Talmud’s description of a tiny cruse of pure oil that, nonetheless, burned by divine miracle for eight days, exemplifying the transcendence of quality over quantity.

This theme of quality versus quantityi s reflected again in the Hanukkah “Al haNissim” prayer, which speaks of“the strong defeated by the assumed-to-be-weak,the many defeated by anacknowledged few.” The small burning “wicks” of Judaism outshone the bright lights of the imperial force of the Syrian army, the spiritual light of the Temple Menorah here dispelled the illusory darkness of the physical, earthbound Seleucid empire indebted in so many ways to Aristotle and Alexander. Despite the variety of traditional and ethnic culinary delights that have come to be associated with the “feast of lights,” there is no chiyuv of seudat mitzvah attached to Hanukkah, no obligatory festive spread. In celebrating the holiday, we acknowledge Israel’s rescue from spiritual annihilation. By contrast, because of the threat of physical annihilation that faced the Jews at the first Purim,we indeed rejoice n that holiday with the mitzvah of a substantive physical meal.

By publicizing the true meaning of Hanukkah, by placing the Hanukkiyah in the public eye – even in Times Square – we appeal to all humankind, Jew and non-Jew alike, to come and share, as an agudah achat,in the spiritual insights the Hanukkah lights afford us. The Talmud itself (Shabbat 21b) affirms this.Beit Shammai, the School of Shammai,maintains that we kindle the Hanukkah lights “keneged pri ha’chag.” The suggestion is that the lights correspond to the mussaf sacrifices of Sukkot that were brought specifically in consideration of the seventy gentile nations, meant to beseech Divine protection of the shivim umot ha’olam as our colleagues and compeers on this earth.

Rabbeinu Bachya ben Asher quotes a midrashic parable on the Torah portion of Beha’alotcha. A king once asked a beloved subject to prepare his home for a royal visit. Rather than flushing with pride, the poor fellow grew mortified. How could he host in his humble cottage a king accustomed to glorious gifts, golden goblets, and bountiful banquets at court?When the king arrived, resplendent in his retinue, the subject nervously fumbled to hide in shame the simple meal he had prepared. Yet, the king declared, “For love of you, my humble servant, I prefer this simple, heartfelt offering to all the artificial trappings my palace provides.”

The lights of Hanukkah are the Jewish nation’s simple offering for all the world to wonder at and reflect upon. They are a gift to God from the heart and soul of the People of Israel. Is it any wonder that the Master of the Universe, Who created at will the blazing sun, the bright moon, the luminous stars and galaxies, nonetheless, like the king in Rabbeinu Bahya’s parable,prefers our tiny, flickering lights of the Hanukkiyah which continue to outshine, from the time of the Maccabees to this very day, the brightest lights and biggest cities of history’s greatest empires.

Learning to Say Thank You

There is probably no sentiment as fundamental to Judaism as recognizing the good that others do for us and expressing our gratitude to them (in Hebrew, “hakarat ha-tov”). God is reputed to have created the world in a burst of loving-kindness for which humanity and all living creatures should intuitively praise Him, and the Jewish people’s special relationship with God is predicated on His kindness in having redeemed the Jews from Egypt. The very word for Jew in Hebrew, Yehudi, comes from the verb le-hodot, to thank, and hearkens back to our foremother Leah thanking God for giving birth to her fourth son. Therefore, I was not surprised to recently come upon a poster in Har Nof (a largely Haredi, Jerusalem suburb) proclaiming that this Jewish calendar year is the year of Hakarat Ha-tov.

Doubtless, we have many things to be thankful for—continued good health, a strong economy, some respite from our enemies--but this poster did not mention any of these issues. It loudly proclaimed that all and sundry should go to the grave of the illustrious Rabbi Yitzhak Ze’ev Soloveitchik (R. Velvel) and ask his forgiveness for not having stringently followed his halakhic ruling that one must recite the guest’s blessing for his host during Grace After Meals. Failure to do so, so the poster claimed, is clearly a lack of gratitude. Furthermore, the poster advised everyone to seek halakhic guidance to determine whether they need to request forgiveness for not having said the host’s blessing at the wedding of a friend or at their yeshiva (with the intent of thanking the donors). In particular, the poster stressed that one should ask forgiveness of one’s parents for not having recited the blessing on their behalf, as even six year old children eating their sandwiches at school should recite the host’s blessing for their parents. Technically speaking, their parents, who are kind enough to feed them and/or pay their tuition, are their hosts (Ketubot 65b). (Indeed, the poster adds, even a husband should thank his wife and a wife her husband—the more gratitude expressed the better in these tough economic times.)

At first I was astounded that this was the hakarat ha-tov the poster was talking about. While the process of mending our ways must begin with the small things that are more likely to touch us personally, effect our psyches, take root, and blossom, making this blessing the sole focus of Hakarat Ha-tov seemed to miss the bigger picture. However, when I re-read the poster, I realized that the crime committed by not reciting this blessing was not merely one of poor manners or of lax moral standards, it was actually a form of theft! R. Velvel, ztz”l, declared that his students should “demand (titba) of them that they recite the host’s blessing” because not doing so actually incurs a monetary loss. The author of the poster deduces this from the fact that the word “demand,” in Hebrew, implies that the host may actually sue the guest in court, and this would only be true if he caused a significant monetary loss by failing to recite the blessing.

The reason for this loss is the fact that the blessing includes a prayer that the host’s “property” or business dealings be successful; the poster explains that failure to make this request causes the host financial loss. In fact, the failure to say Grace in a group of ten men—thus, increasing the power of the prayer as “when the community prays, God does not reject their prayers” (bAvodah Zarah 4b, author’s source)—probably requires a special request for forgiveness for undermining the financial well-being of the yeshiva where one said Grace. Undermining another Jews’ livelihood is certainly a serious crime, so R. Velvel’s ruling makes sense.

However, what is lost in this attention to detail and the laws of damages is the simple matter of saying thank you. As R. Bahya Ibn Paquda writes at the beginning of Duties of the Heart being thankful is a religious duty and desideratum. We do not thank God for creating the world because we owe Him something or because, heaven forbid, He needs us to. We thank God because it is the right thing to do, because we intuitively sense that someone who bestows a kindness on us should be thanked. This is even true of a slave expressing gratitude to his master or a child to a parent, where clearly the giver’s beneficence is not without self-interest. How much more should we thank God or other human beings whose giving is truly selfless or close to it.

This having been said, the true irony of this poster is that the difficult economic times mentioned in this poster as an especially good reason for saying this blessing are the result of the Israeli government cutting back on subsidies and welfare benefits to, among others, the Haredi community. These “economic decrees”—treated by the Haredim like those of the Russian Czars’ of yesteryear—are partially a result of balancing the budget and partially a result of the secular state’s being fed up with sectors of society (particularly, the ultra-Orthodox) that do not produce economically, consume vast resources, and do not even say “thank you.”

When a secular Israeli tax payer who serves in the army looks at Haredi society, he sees a parasitic growth that produces nothing, contributes nothing tangible, and complains about not getting enough subsidies or welfare benefits to prop up its enormous families and enable its men to sit and learn comfortably without having to work. While the Haredim may argue that they have built up many not-for-profit organizations that benefit the entire population and that their learning protects the country, as much if not more than the army does, these arguments do not really hold water, since the secular and religious Zionist sectors of the population, generally speaking, work, serve in the army, study Torah (especially, the religious Zionist), and build up not-for-profits too. Furthermore, the very claim that learning Torah is comparable to giving up one’s life to protect fellow Jews is both inherently absurd and possibly inconsistent with Torah values, as the Talmud itself says, “Why do you think your blood is redder than mine?”

Ultimately, the poster makes sense. The Haredim should declare a year devoted to giving thanks. As a sector of society, they have been consistently unwilling to thank the rest of Israeli society for protecting and supporting them. Furthermore, as a group they have been unwilling to recognize that God has created a (secular) Jewish state that supports more yeshivot and Torah learners than have ever existed before in the world at one time! (Indeed, for this very reason the late R. Ovadiah Yosef ruled—unlike most Haredi rabbinic decisors—that it was permissible to say Hallel on Israeli Independence Day in order to thank God for the creation of the state). Most recently Haredim have been attacking the government for having the audacity to lower their welfare payments and have even been physically attacking other Haredim who have joined the army to protect them! Even R. Ovadiah’s Shas Party has recently attacked the state for attempting to destroy the Yeshiva world by considering drafting yeshiva students into the army. Since the government has explicitly stated that it is not attempting to destroy the Yeshiva world, the deliberate use of inflammatory rhetoric to misrepresent the government’s plans is the height of ingratitude. It is definitely time for Haredi society to read this poster and say thank you to those at whose table they dine.

I would suggest that this Hakarat Ha-tov campaign begins by instituting R. Shlomo Goren’s ruling regarding the host’s blessing. R. Goren (the first Chief Rabbi of the Israel Defence Forces and the third Ashkenazi Chief Rabbi of the State of Israel) ruled decades ago that a blessing for the Israel Defense Force and the State of Israel should be recited in Grace After Meals at the place where the host is thanked. As he wrote, we are all supping at the table of the IDF and the State of Israel, (for if not for the government and the army we would be annihilated man, women, and child by our enemies and the country would be in a constant state of chaos). [Chief Rabbi Shlomo Goren’s Passover Haggadah, Am Oved, 1974, p. 58] The Haredim would do well not to forget this.

Learning Opportunities from our National Scholar

We are pleased to announce that our National Scholar, Rabbi Hayyim Angel, has just republished a Revised Second Edition of his book, Through an Opaque Lens: The Bible Refracted through Eternal Rabbinic Wisdom, with Kodesh Press. It contains twenty of his biblical studies.
 
It is available in paperback or in an electronic format for Kindle at amazon.com.
 
We remind you of the new feature on our website, jewishideas.org, that provides online learning opportunities. You can access many lectures by Rabbi Hayyim Angel by going to our new Online Learning area.
 
WEDNESDAY NIGHT CLASS ON BOOK OF SHOFETIM:  Tonight (October 30) is the third session in a 9-part class given by Rabbi Hayyim Angel on the book of Shofetim. It's not too late to join! The class meets on Wednesday nights, 7:15-8:15 pm, at Lincoln Square Synagogue, 68th and Amsterdam Avenue, NYC.

End the Chief Rabbinate's Monopoly

It’s painful to have one’s rabbinic credentials challenged by the Chief Rabbinate of Israel. But that’s exactly what’s happened to me. In truth, it’s much more hurtful to the many people I’ve been honored to serve over the years.

In recent days, I have been informed that letters I’ve written attesting to the Jewishness and personal status of congregants have been rejected by the office of the Chief Rabbinate. I’m not the only Orthodox rabbi to have his letters rejected – there are others.

I have chosen to go public because the issue is not about me, it’s about a Chief Rabbinate whose power has gone to its head. As Israel’s appointed rabbinate, it is accountable to no one but itself.

Nor could the Chief Rabbinate have denied letters from me or other rabbis without input from select rabbis here in America who, I believe, are whispering into the Chief Rabbinate’s ears. For me, they’ll whisper one thing, for another they will find some other reason to cast aspersions.

This is an intolerable situation. It not only undercuts the authority of local rabbis who are in the best position to attest to the religious identity of those living in their community, but wreaks havoc for constituents whom these rabbis serve.

Penning these harsh words about Israel’s Chief Rabbinate is not easy for me. I grew up in a home that venerated the Chief Rabbinate. After my parents made aliya, my father served as rabbi of Shikun Vatikin in the outskirts of Netanya, Israel. There he worked with Rabbi Yisrael Meir Lau, then Chief Rabbi of Netanya who went on to become Israeli’s Ashkenazic Chief Rabbi. Over the years I’ve met with many chief rabbis. I found them individually to be not only learned but caring.

But for some time, I’ve come to the conclusion that the Chief Rabbinate as an institution just doesn’t work. Built into the very fabric of the institution is the principle of kefiyah, rabbis overlording the citizenry, forcing their religious dictates down their throats. Indeed, the Chief Rabbinate has become a subject of scorn amongst the grassroots public in Israel.

Spiritual striving and religious growth can only be nourished in a spirit of openness. For this reason, Israel as a state should give equal opportunities to the Conservative and Reform movements. Their rabbis should be able to conduct weddings and conversions. For that matter, civil weddings should also be recognized by the State. As in America, it should be left to the general public – if they wish, in consultation with their local rabbis – to decide whether to accept or reject these conversions and wedding ceremonies.

Such an open attitude is not only important for non-Orthodox Jewry, but for Orthodoxy as well. When Orthodoxy is presented as the only option, when it’s forced upon people, it turns people off. A spirit of openness will make Orthodoxy more attractive.

A related reason that the Chief Rabbinate does not work is that it involves centralization of rabbinic power, that is, rabbinic power left in the hands of a select few who dictate religious policy throughout the country.

When the Chief Rabbinate years back questioned American Orthodox conversions, an Orthodox rabbinic organization, the Rabbinical Council of America, (RCA), rather than challenge the Chief Rabbinate and say clearly we have faith and trust in our rabbis in the field, capitulated to the Chief Rabbinate, and imported Israel’s failed rabbinic centralized format to the US.

And so they established a system where only a select, relatively few rabbis are permitted to sit on conversion courts, undermining the authority of local community rabbis, and placing unnecessary stumbling blocks before serious potential converts. In a piece I co-authored over five years ago, I strongly criticized this policy.

I predicted then that this would be but the first step towards further centralization. That it would not be long before a centralized rabbinic body fully usurps the authority of local rabbis, deciding which select few can do marriages. And only this body will be able to sign off on letters attesting to the Jewishness or the personal status of individuals from across the country. Is this the type of religious authority we want here in America?

The time has come for the government of Israel – its Prime Minister and Knesset – to pronounce in clear terms that the Chief Rabbinate will no longer have a monopoly on religious dictates of the State. This will present challenges. But these challenges pale in comparison to a coercive and centralized system which is vulnerable to abuse. As the motto goes, power corrupts, absolute power corrupts absolutely.

It’s only in the spirit of openness that Israel as a Jewish democracy will thrive. It’s in that framework that Israel’s citizenry will be able to reach higher heights – spiritually and religiously.

RCA deal hurts rabbis, converts
By Rabbi Marc Angel And Rabbi Avraham Weiss, JTA, March 10, 2008

(Rabbi Marc Angel is Director of the Institute for Jewish Ideas and Ideals, the rabbi emeritus of Congregation Shearith Israel in New York and past president of the Rabbinical Council of America. Rabbi Avraham (Avi) Weiss is the senior rabbi of the Hebrew Institute of Riverdale and founder of Yeshivat Chovevei Torah and Yeshivat Maharat.)

NEW YORK (JTA) – The Chief Rabbinate of Israel and the Rabbinical Council of America have concluded an agreement related to conversion that will allow the two groups to work together. This solves a problem that reached its peak when Israel’s Sephardic chief rabbi, Shlomo Amar, announced in April 2006 that he would no longer automatically recognize conversions performed by rabbis belonging to the RCA, the main union of Orthodox rabbis in America.

According to the terms of the agreement, the Chief Rabbinate approved a list of about 15 RCA rabbinic courts and approximately 40 rabbinic judges whose conversions will be accepted. From this point on, only conversions done by these rabbis or tribunals will be recognized. Any rabbi who wishes to be added to that list needs the approval of two leading Yeshiva University rabbis representing the RCA and one from the Chief Rabbinate. The RCA and the Chief Rabbinate also agreed that all conversions previously performed by rabbis, other than the 40, are subject to re-evaluation by the head of the RCA’s Beth Din of America.

This agreement is deeply disturbing on many levels. What is most troubling is that conversions, done years ago with the informal backing of the RCA, are now being scrutinized. This, we believe, strikes at the very ethical fabric of halacha. Over the years, thousands of people have been halachically converted and now they and their children, and for that matter, their marriages, will all be questioned. The pain that this will cause the convert, a person whom the Torah commands to love, will be unbearable.

Indeed, the RCA’s capitulation to the demand of the Chief Rabbinate to scrutinize past conversions done by its members raises the strong possibility that down the line the bar may be raised even higher. Already, the Israeli institution no longer represents the centrist, religious Zionist ideology, but is, in effect, made up of religious appointees of the haredi world. Years from now a new, more extreme Chief Rabbinate may very well pressure the RCA to question “sanctioned” conversions being done now.

Not only is the convert’s status questioned here, but the respected position of the local rabbi is also at stake. The policy sends a clear message that rabbis who have Orthodox ordination and are not among the chosen 40 do not have sufficient knowledge, judgment and wisdom to perform conversions – and they never have.

There is an irony here in that, from a certain perspective, congregational rabbis have a greater understanding of the issues surrounding conversion than those who are primarily situated in the Beit Midrash. These synagogue rabbis who are “in the trenches” with the potential converts have a unique understanding of the situations and conditions that affect their respective constituents. As is displayed on their ordination documents (smicha klaf), these rabbis are sent to spread Torah to their communities and have been invested with the trust, power and weight of our Torah to help shape the Jewish world. This decision undermines their mission.

If this agreement was meant to develop a mechanism of oversight, there are other ways in which this could have been accomplished. One proposal could have been that junior rabbis in their first three years do conversions under the guidance of senior rabbis. Additionally, the RCA could have questioned individual rabbis whom they suspected were doing conversions improperly.

We are not the first to raise concerns about the Israeli Chief Rabbinate. Over the last few years, there have been legitimate and important Orthodox voices in Israel that have expressed opposition to its rightward trend and its hard-line position concerning conversions in Israel. Now, through its deal with the RCA, the Chief Rabbinate is dictating its specific conversion standards to those living thousands of miles away in the United States.

Rather than extend the Chief Rabbinate’s reach to the Diaspora, the RCA should display confidence in its loyal members by declaring that their conversions are valid and acceptable in the eyes of God and halacha. This should be our posture as we move forward together with like-minded voices in Israel.

This was a moment of truth. The criteria on conversion as drafted by the RCA/Chief Rabbinate are the most stringent and do not reflect the range of legitimate halachic opinions. The approach insists, for example, that parents converting an adopted child commit to 12 years of yeshiva education. But suppose parents are only prepared to make an eight-year commitment; suppose they are committed to sending their child to a community day school; suppose, as is a growing trend in our Jewish world, they simply cannot afford tuition; and suppose their child has a learning disability and must be sent to a secular school?

We have received reports that such potential converts have already been turned away. What is next? Will past conversions, such as these, now be nullified retroactively?
If these standards become the criteria for who is a Jew, it means there will be only one voice – enforced by just two rabbis – speaking for Modern Orthodoxy in America.

The first issue is the question of who is overseeing the overseers: What are the criteria for appointment? What makes these 40 judges competent and hundreds of others not? What communities do they represent? Are the appointments based on merit? On politics? On being dedicated students of particular rabbis?

To consolidate so much power in the hands of so few rabbis – whether left, center or right – is a frightening step. Making matters worse, the RCA has chosen as its representatives two Yeshiva University rabbis who speak only for the right-wing of Modern Orthodoxy – effectively abandoning the organization’s trademark commitment to providing a home for both right- and left-wing voices. With its cowering to outside dictates, the RCA appears to have opted to reflect the haredi-controlled voice of the Israeli Chief Rabbinate, instead of insisting that the broad spectrum of Modern Orthodox positions be part of the solution.

What makes this chapter especially sad is that the new arrangement not only undermines the power of the local rabbi as teacher and spiritual guide, but even worse, puts fear into the hearts and minds of many wonderful converts who are upstanding Torah-observant and God-fearing Jewish souls.

Text and Context: Reflections on Contemporary Orthodoxy

“Home” is a concept not easily put into words. It is our refuge, our sanctum, our institution for the whole. It evokes the pictures of the happy family, of children playing in security, and the nurturing environment in which people grow into themselves. It is the place you go back to, that you belong to.

When home is not where your heart is, and the individuals comprising that home have no cohesive identity, there is no belonging – and sooner or later, those individuals (since, after all, that is all they are) learn that their home is broken, and they therefore run away to the refuge of their castles in the air (of which their psychologists collect the rent).

Today’s times have a need for stable homes, in any form, more than any other. Teens at risk, high school pregnancies, disappearing morals, urban blight, the wonderful statistic that one in four American college students possess an STD, the rise of postmodernism and its moral irreverence and irrelevance, the erosion of what is called “Judeo-Christian values”, the rise in cultural glorification of youthful promiscuous sex and violence (not to mention youth in and of itself)…Even Orthodox Judaism, bastion of the ironclad safety net, has begun cracking at the seams from an internal pressure created by its teenagers and the external pressure of the society described.

Today’s feel good stories which populate the self-help shelves in book stores all over the planet (Chicken Soup for the Soul and its genre) have one amazing quality worth noticing – a brilliant summation, in one moment, where everything comes together. We are inspired by these stories, taking solace in that perfect moment and its unspoken comfort that perhaps one day we will reach ours...and never think about where it may take us. We watch the poor family get their new house on Extreme Makeover, see their tearful reactions, and never see what happens when they can’t make the tax payments on the house, or simply get conceited and entitled with their newfound wealth/status symbol and wind up divorced. Or we see athletes winning the gold medal in the Olympics, shedding tears of joy while basking in the adulation of the crowd in their accomplishment, but do not see them return home broken and lost as to what on earth they should do next, now that the moment they have invested the last four years in has now passed. We all long for a “clockwork universe”, a world that responds to us and gives us what we need when we need it; years of watching TV shows and movies that operate on this principle may have something to do with it. Either way, this growing dream of the perfect moment, the clockwork universe striking twelve, is indicative of dreamers who feel their life is coming apart, directionless, and the loosening of bonds of family and friendship that give us the love and nurturing we need.

Listening to mental health professionals and community workers, the fast paced life of the twenty first century has robbed us of our family values, and our lost and confused children are acting out because they need to feel valued and validated; as the family is intended to provide the value and validation of the children as they embark on their quest for self, when it does not, the children look elsewhere – with disastrous results.
This may or may not be true.

The psychological need to be validated, to be valued, is nothing new. Self-help books and parenting manuals (and other such tomes of fiction) all stress the need for validation. This, in and of itself, is harmless at worst. It might carry the strange threat of turning people into hollow shells of themselves because they objectify everything about their own self, but that doesn’t really affect people too badly, right?

Living in the age of scientific reason, in which (ridiculously) something being “unscientific” means it cannot possibly be true, we seek validation from what is outside of ourselves; this is perfectly acceptable for investigating worldly phenomena, but comes up woefully inadequate for validating our own existence, and its experiences.
The root that “value” and “validation” share comes from the old French valoir, meaning "be worthy," which itself is originally "be strong," from the Latin valere "be strong, be well, be worth, have power, be able". Notice the difference in the shades of the meaning, though. It went from something within you, an enabling force of Selfhood, to something outside of you that you need in order to be that very Self in the first place.

Anyone who is a student of the Western zeitgeist’s evolution, or was simply alive at the right time, has seen this shift in meaning accelerate in the last fifty years. We live in a society in which people see this need for validation as a fact of life. Were this to just be a fact of Western life, that would be fine. But it has crept into Jewish life in insidious ways, and this has in turn corrupted our life beyond recognition. [1]

Of course, values are what we ourselves hold to be important, whereas validation is what gives us our worth. This is because the definition we give to ourselves (our “values”) is what creates our sense of validation.

In the West, the objectifying that people do of themselves is conceptual based – I am a doctor, an athlete, a religious man of faith, or any other such idea. This is who I am, it is what I think is important, and because it is what I hold dear and significant I, too, am significant for being this way.

The problem is when Torah observant Jews, such as many of those today, define themselves as those who do the XYZ of mitzvoth. Because the definition is action based, the value is doing these things (eating the properly baked crackers on Passover, only carrying on Saturdays within a proper string enclosure) – and the validation is their being done. Which has nothing to do with you at all.

Now, I bet you those who already have all the answers are jumping out of their chairs and screaming “of course it’s about you doing it – you go to Olam Haba for it!”
And I will answer you that if that is your motivation, you are no different than the four year old who needs a cookie to clean his/her room (or go to the toilet). It isn’t the cookie that is important, even if it is the reason the four year old is doing it. [2]
But if that four year old ritualizes cleaning his room for the sake of the cookie, he will never come to value a clean room. Nor will he develop feelings of self worth by having a clean room, because THERE IS NO SELF – only what needs to be done. And so we have adults who treat their marriages as rituals (“but honey, I bought you a nice new dress! See, I love you!” “But you haven’t paid any attention to me at all, you do not share your dreams, emotions, your experience of Life with me…”), who engage in magical thinking (“if I give $18 to this charity, then I will succeed in my business), and who have no fulfillment or self-expression in anything they do.

We naively think that the reasons for doing mitzvoth that we learn when we are four years old hold water when we are 16, or 60…and the consequence of this is the systematic destruction of any kind of self-validation that is predicated on a healthy sense of self, instead of its negation.

It is here, in that ridiculous, unintended, vicious, self-negating definition of value that Torah Observant Jewry finds itself. What is important is the prescribed actions and properly prescribing the proper actions. A self, a “me” with dreams and ambitions, goals and relationships, fears and loves, is at best extraneous and at worst a problem to overcome in the pursuit of perfectly prescribed perfect actions.

This world? Why bother? It’s only a stage – we do our actions and play our parts. Knowledge? What for? It only takes time away from prescribing perfect actions, and doing them. Worldview? Philosophy? Perspective? What do you need any of that for? It’s all simple – do whatever you can while you can for the biggest and best reward in the Next World.

In short, our vision of the ultimate human being is a well informed, perfectly efficient action machine with the worldview of a four year old.

Perhaps the greatest area this has become true is with learning itself. People spend more time learning today than ever before, yet asking them WHAT they learned usually yields a parroting of arcane subjects at best and a puzzled look as they simply say the name of the Masechta or Sefer. Learning has become an action, something you DO, instead of the acquiring of new information to fit into a worldview.

Of course, we make allowances and exceptions for those who want to do things like work. The actions remain paramount, only the focus changes. Instead of learning being the action one should focus on, we have others – tzedaka, for example. But regardless of the prescribed action, it remains the DOING that is important, and importance granting. People’s growth, their self discovery, their level of understanding of the world and of He Who is behind it, their depth, their humanity – it isn’t important.

Small wonder our children are off seeking validation from pop psychology and faceless strangers on internet chatrooms (that they are turning to under their covers on shabbat, perhaps [3]). It’s more than family that creates validation, it is Home. And the Bayit that was supposed to be there to validate and value the world itself is now a golden onion filled with those who find value in submission and in death, and we console ourselves with some parable about a flask in the sky that collects tears [4].

This worldview has serious historical underpinnings – it did not arise by accident.

Following the Holocaust, people came to the shores of a strange land (whichever strange land that was – America or Israel) to rebuild. As most people react in times of horrible loss, they hunker down defensively and seek to recreate what they had before. In this case it was the Europe of old, with its simple shtetl folk and overall educationless masses.

Judaism is a tradition based movement. Precedent and tradition are the two pillars of all Halakhic debate as well as Friday night conversations. It is no surprise that the ideals of the old world were imported as the pinnacles of achievement to strive for. The model person would be one motivated by faith, not reason, and action, not perspective; their identity would be one set and defined by a marked distance from intellectualism – after all, wasn’t that the problem with those Reformniks in Berlin who brought the Holocaust on us in the first place? Oh, no, never. Who needs questions – can anyone answer where God was during the Holocaust? So of what use are questions? Better to do what God told us to do and leave the questions alone.

This idea is said to have appeared in Europe around the time of the Chasam Sofer, who himself was battling those Reformers in their infancy. In an effort to combat their growing appeal and allure to the typical (unlearned) Jew on the street, he created the single most destructive pun in all of history - “haChadash assur min haTorah” [5]. From this nobly intended idea, a branch of arch-conservatism in Halakha was born. Or so goes the narrative.

It isn’t true.

Ashkenazi Jewry had this streak in it from the time of the early Acharonim. It is the tendency of exiled people to absorb influences from their host cultures (one only needs to look at our calendar; the names for the months in the Jewish calendar are Babylonian (!) in origin, and so were pretty much half the names of the amoraim living in Bavel - Abaye, Rava, Pappa, Huna, Rabbah, Rami, Rafram, Geviha, to name a few). The predominant influence in the lands of Ashkenaz was the Church. Looking through the Mussar/machshava seforim written in Europe, we find themes of needing to be saved from sin (albeit those of our own doing instead of some original flavor), emphasis on faith as the guiding principle of worship, a philosophical/ontological worldview based on the soul and a spiritual world in which its actions or beliefs are meaningful, a break from science, a religious worldview predicated on the personal (it is YOU and your being righteous or wicked which counts, as opposed to the Klal), among other examples. These are all Christian themes.

(For those who are going to point to the split between the Vilna Gaon and the Chassidim and say that innovation in Jewish life was alive and well, it is fairly argued that both camps were conservatively based. The Chassidic camp quickly ritualized everything in their way of life, venerating the simple unlearned faith of the farmer and wagon driver as the GOAL of Torah life. The stories passed down to each generation focused on a mystical happiness that could be experienced by those who believed, and denigrated those who learned but did not live their learning. The Litvish camp, while stressing the need to learn and know, valued a disconnected knowledge base that was not tied into experience – learn, but keep it in pilpul which is intellectually dazzling and utterly useless for answering a simple question of what to do. Both sides refused to engage the world around them, or even each other; both approaches preached the “hold on tight and do what you need to do” that we are calling attention to. Their namesakes and descendants still do.)

This cross-evolution is best referenced by the “Judeo-Christian values” the western world continues to use as its moral compass. It isn’t just that the Christian ones are based on the Jewish morals of the Old Testament (though that is true as well) – they work in tandem, are perceived to be the same thing. It is no accident that the support for Israel that is still present in the West is based on ethics, on shared morals, on shared beliefs in the primacy of the “Old Testament God”, a Messiah that will redeem the chosen ones from the Ishmaelite, etc.

This is why Western civilization exerts such a strong pull on Jews – it isn’t just that we are absorbing modern culture from them (hence the black hats, suits, and white shirts from the 1950s, for example) – we subconsciously see ourselves as one of their kind. The typical Ashkenazi looks at himself as a Westerner – not a Middle Easterner! And eventually, the need to be different and distinct begins to fade as the need to be echad min ha’amim takes over. As “enlightened humans”, who are “logical, rational, scientific” beings, why would it matter if I watch some pornography? Or eat only properly slaughtered chickens? Or not use my phone on Saturdays? Indeed, even in Israel, there are those who protest Israel passing a law designating the country to be a Jewish State, instead preferring to be a regular (read: Western) democracy.

Why are we different? Why is God setting us apart – to do the proper rituals? What’s the difference? Who wants to believe in an arbitrary God who desires Burger Delights instead of Big Macs? I want to be a person, not an action/ritual machine. A human being.

This, sadly, is what Rav Shimon bar Yochai was alluding to with his derasha of “ki adam atem – atem k’ruyim adam v’hem lo k’ruyim adam” (Yevamot 61a) – what Judaism IS is simply the way to be a human, Adam, the pinnacle of Creation. We all want to be something real, something valuable. And that is what it means to be Adam. To be Man, primal Man. Not a belief machine, not a ritual doer – Man. The human who is where the falling star meets the rising ape (in the words of Terry Pratchett).

And so, in a terrible way, our children are NOT turning to the outside for validation. They are, in their eyes, REturning to what is truly valuable, and valued – themselves – in the only way they know how.

Until we understand that, there is nothing we can do. For them, and for ourselves.

And so we have a generation where ALL are lost, confused, adrift…off course.
Those who follow after their hearts and eyes sometimes do not come back to the fold. Some do. Others die inside, leaving the passion and dreams of their youth behind in a maze of socially acceptable ways to numb their pain and disbelief. Some find consolation in highly personal relationships with the Divine, trying to navigate the slippery precipice of insanity and religious devotion.

And all suffer from a broken values system, crying out for God to validate their lives, their selves, their souls.

Now, we all know what you’re going to say next. “Is the rest of the world any better? Do they, too, not have this problem of a lack of self value in their lives? Does the rise in teen pregnancies, drug usage, gang participation, crime, and other markers of social deviancy not speak of this problem being present, and much worse, in the outside world?”

You are a hundred percent right.

And that doesn’t change a thing about what I said. Just because someone else has a broken nose doesn’t mean yours isn’t broken too. And if we are to reconnect with what it truly means to be a Jew and if we are to take steps to reach for Tikkun, then we must acknowledge what is broken, regardless of how it compares to others.

Of course, those of you who haven’t thrown this essay away in disgust by now are probably saying “but of course, I agree, it is important for our children to experience things, but what of the Torah? If it is assur, then you can’t do it! Obviously our children are just baalei taavah and not motivated by any of this higher calling of wanting to be Adam or whatever. You’re just making excuses for our kids.”

What of the Torah, indeed? What, exactly, IS the Torah? We have touched on this issue, skirted around it, illuminated one facet or another perhaps here and there – but a working definition, or a relatable one at least, is certainly needed. Those who have the answers will not hear or see the question, and those who are not looking for a life of Realness, of Truth, of living as Man (and instead prefer their own interpretations and a life in their own heads) don’t care about anything other than their fantasy/simulation based experiences. But those who do care and are searching, looking, seeking a life that is bound within the covenant of living in two worlds and being One with their Creator – they instinctively know the need to understand the Torah that is itself called the Berit (im lo beriti yomam valayla chukot shamayim va’aretz lo samti - Yirmiyahu 36:25).

The long and terrible descent of the Torah from Supernal Wisdom and blueprint of the Universe to antiquated and outdated rulebook has been one with disastrous consequences. Chazal trace the darkness we find ourselves in (and certainly the very same darkness we associate with the “Dark Ages”) to the translation of the Torah into Greek (which is altogether odd, as we know that you are allowed write a sefer torah in Greek, as the Mishna in Masechet Megilla states), which theoretically would mean that your Artscroll Chumash just may be a horrific destruction of what Torah was meant to be.

The wonder of what was so bad about the events of Ptolemy requesting a translation of Torah is ongoing. So is the fast day we keep to mourn its taking place (Asarah b’Tevet – though really it is the fast of the 8th of Tevet, which we do not observe; instead we lump the events of the 8th, 9th, and 10th together and fasting on the 10th). It is made especially confounding by our own enthusiastic embracing of the Targumim, which themselves are translations of Torah. So it can’t be the act of learning the Torah in another language that is the issue, right?

Perhaps the most innocuous and subtlest problem of translating the Torah is its being turned into a book. Books are dead, they do not speak – they merely record information that you can decode later, perhaps. Torah was meant to be given by speech (hence HaShem trying to give the Aseret HaDibrot by telling them to us directly!), has an essential component to it that is supposed to be ONLY speech (Torah she’Baal Peh…You know, the one that everyone thinks is written down, fixed and unchanging), and can only be given over by a teacher to a student in the guise of a relationship (gadol shimusho shel torah mi’limudo - Berachot 7b)…through communication.

So it comes as no surprise that the single most destructive element of what passes for Torah Judaism today is the slavish devotion to the rules, the cemented behaviors, and the “always ask someone who knows (because you do not and cannot)” attitude that arises from a text-based Judaism. “Dos shteit!” is the rallying cry of the current generation of teachers, educators, rabbonim and learned men. If it says it in the book, it must be true.

Of course, the CONTEXT you place your text in can possibly make all the difference in the world, but then again, why would we bother with trivial matters like that?
It is no accident that today’s communication on all levels has broken down due to contextual wrangling. We consistently worm out of things, or shoehorn them into other things, all while attempting to have our preconceived views win out. Isn’t it funny how we all know what the Rabbi is going to say before he says it? Or how we can know what Shas or the Agudah will think and hold of a certain issue – before they say so? We know their agenda, and therefore we know them too. The context they have of the world defines them.

And it defines each person too. We are what we see – the I and the eye are the same. This is so true that Nevuah is influenced by the perceiver [6]! When Yoshiyahu was king, he sent his messengers to ask Chulda HaNeviah for a message regarding the impending doom portended by the Torah scroll that was found in the Beit HaMikdash, bypassing Yirmiyahu. The Gemara (Megillah 14b) asks why he would do this, and answers that he thought that since she was a woman, she would have more rachamim – which is an absurd answer, unless you understand that the Navi shapes his/her Nevuah!
The Torah is no different – it, too, is completely dependent on the context we place it in. Perhaps the greatest disaster facing the Jewish people today is the loss of context to Torah, to Yahadut, to what it means to be Yisrael.

This is something we already touched on earlier – the prevailing context of the Torah lifestyle is one of actions, of doing, of being a vehicle. There is no mental picture, no vision, no overarching and all encompassing idea to what Torah is supposed to be. We take a pasuk here, a gemara there, and make it mean what we want it to mean, or turn it into a stand alone moral lesson, or simply treat it as a nuclear utterance of the Holy One.

Torah is defined by Halikha/halakha. That is to say (since the words mean practically the same thing) that Torah is meant to be a vehicle in and of itself; it is a path, a book of direction, a roadmap. The only way you can bridge two worlds is by constructing a bridge. And when you realize that Torah only shows up after Adam is thrown out of Paradise, then it makes perfect sense that it is intended to be the way to get back to it.
This is why the favorite simile of Torah is an ocean – it is the yam shel Torah. And it is no accident there that the term for a boat is the term for a Self. For self, boats, perception, eyes and “I”…they are all parts of the same Halikha from here to There.

This idea is made clearer by looking at Moshe’s request of HaShem after the sin of the golden calf– of all insanely wild things he asks for, it is the “Halo belechtecha imanu” that he insists on. But of course he does – he is demanding that haShem Himself accompany us along that twisted, winding, journey of Selfhood. And the sin of the golden calf itself is only seen within the context of ma’amid Har Sinai – Torah itself!

This is where the vibrancy, the personal connection, the very dependence of Torah she’Be’al Peh on a person’s own experiences, lessons learned, and sense of self comes from – and the ice cold death knell of that same self when it is removed from Torah itself. Do you think there is a list of souls and corresponding letters in Heaven? What do you think the Midrash means when it says each of us is a letter in the Torah? It is our life itself that sheds Light on the Torah – ki heim chayeinu, in the most beautifully obvious understanding of the term (!).

There is an old Greek parable of the ship of Theseus, which set sail over the course of many years. Over time, every one of its parts had been replaced as they had worn down or broke. Yet it is still the same ship of Theseus – for the whole is greater than the sum of its parts.

Torah is that ship – over the years, each part of Torah has been re-interpreted, revitalized, and relearned by those who delve into it. We add layers of context, meaning, and shed new light and understanding on things not seen before. In fact, the things we add to it are pieces of ourselves, literally – an insight here, a lesson learned there, a painful and delicate balancing act of applying what Life has taught us. But it is still the same Torah given on Sinai! And we sail that ship from shore to shore, from one world to the next, turning our mundane experiences of the world into Light, and Truth.
Yet today our leaders see all of planet Earth and all it has to offer us as some sort of twisted siren’s song, luring us to our deaths. “Why bring the ship of Torah into those waters?” they ask. As if there are ANY waters that are not part of that Yam shel Torah in the first place! It is perhaps the saddest thing of all that the very ship of Theseus that was meant to live forever and give life to those who create it anew each generation has been hijacked by those seeking to steer it safely away from any Sirens that would tempt those who sail it; yet it is they who are driving everyone to jump ship and swim for the Sirens – without the benefit of the Ship, which was what would have kept them safe in the first place. For it is Torah that grants us the ultimate Self– with it, we can face anything and emerge victorious. Rav Yosef celebrated each Shavuoth by announcing that the Torah he learned is what made him himself [7] – because, as we’ve said, the I and the eye are the same. Without it, you’re just another puff of stardust adrift in a cosmos with no meaning.

So instead of sailing ships of Selfhood through the world, integrating our experiences and consciousness, and bringing the ideas of Torah to Life, we peer into books of which we decided that we have no right to argue with, and look up our lives in a table of contents that does not have any content of our Soul. We have created a belief system around it that says that the subjugation of oneself to their dicta and rulings is what the Heavenly Court will judge our lives on, and that anything outside the purview of these books is not called life.

This text/sefer based Judaism and its slavery, which itself is the ultimate mockery of the dictum of Chazal which states “ein lecha ben chorin elah mi she’osek baTorah” (Avot 6:2), makes it is obvious that the preconceived notions and givens and agendas of those interpreting the books are alive and well; they govern how things work, invade the space of Halakha, and make a farce of the halikha of that Halakha. It is not a boat of Selfhood in a sea of Existence to these charlatans, but itself the siren’s song offering power, connection to God, or perhaps even a cheap way to sell your soul in return for some heaven. But mostly, it offers power – power over others, power over your environment, and most importantly power in the sense being able to define what is True and what is not.

For the ultimate issue we all have with a Torah lifestyle that no amount of cute PR campaigns, Project Inspire shabbatons, and glitzy Gateways seminars can fix is: simply, deep down, we all know that the helm of the ship has been hijacked by those who seek to define their present little worlds as Heaven itself…who seek to be the Arbiters of Truth, according to their understanding of it, and to revel in the power that affords them.

Have you ever noticed the correlation between people’s concretizing Truth and their abandonment of a progress-based worldview/narrative? It seems that the more we think the Truth is here, the less there is a need to keep looking for anything else. Again, look at the Church and the Dark Ages, or the fundamentalist Islamists of today – medicine? Faith. Science? God. Rights and Freedom? Submit to God through faith. There is nothing left to do other than believe…right? Or at our current crop of leaders, who hide behind a self-referentially manufactured empowerment called “Daas Torah” while advising other to their doom in the name of the L-rd . [8] And why? To keep their own power, of course .[9]

There is a nagging doubt in everyone’s mind that asks in a hushed whisper “But where is this GOING?!” which is beaten down by an enthusiastic, Tertullian-esque “af al pi kein!!!” in frenzied hope that perhaps we can figure out later, without having to change now. We develop a bordering-on-insane hero worship cult for a few great men, and lament what we will do because there is no one who can fill their shoes; and we enthusiastically follow everything the people who use these men as mouthpieces say.

Only we can rent a stadium, pack in 40,000 people, and decide the biggest evil in all of the known universe is cell phones and internet. Then we congratulate ourselves for a Maariv davened by 40,000 people together, while the rest of the world laughs themselves sick over how ridiculous it is to rent the stadium for crying about the internet in the first place. Of course, no one is happy about the night’s events, because everyone had a different agenda to advance . [10] But hypocrisy and flattery are alive and well, so everyone says what an unmitigated success this was, because the gedoilim spoke and the oilam listened. Even though there were no gedoilim talking, as they were just being used as mouthpieces for some filter software. Even when the whole world is laughing in our faces, we still hold onto the stupidities of being good sheep and doing what you’re told as you’re driven to the edge of the cliff by some internet filter selling snake charmer who convinced some people with beards the importance of his product [11,12, 13] . And many, many people shook their heads in disbelief and wondered if this is the vision for the future that we are selling ourselves. Or if we have one at all anymore.
And considering that it is the Torah itself that is meant to give us the Way to the destination, the very Home we have been chasing all this time, this is the saddest thing of all.

So what to do? Is it truly hopeless?

I say not.

Children have what Einstein termed Holy Curiosity; they have an instinctive need to find the Truth, both within themselves and in the world. There is a golden lining to this “calamity” of “teens at risk” – sometimes, the children can remind the parents of what is supposed to be, just the same as parents teach children of what was before – it is no accident that our mevaser ha’geulah, Eliyahu HaNavi, is tasked with “v’heshev lev avot al banim, v’lev banim al avotam” – for both are necessary, both are true, both are part of the ongoing Tikkun.

We, the children of Avraham Avinu, who was enjoined “hit’halech lefanai v’heyei tamim”, must continue to search, to inquire, to reject falsehoods and idols manmade, to be the Man for which the world was created.

If there is something to be done, it is to simply encourage, to engage in meaningful and passionate conversations with passionate people searching for meaning, and to teach Torah to our children in the way that Shelomo HaMelech entreated us to – Chanoch L’Naar al pi darko, gam ki yazkin lo yasur mimenah.

We must remember (and this word means to reconnect – to re-member, to connect to again) the rich tradition, the contextual Judaism of yore, the Torah that demands of us to See and Know (and not simply obey [14] and follow). It is this Judaism, this Yahadut, that our children can thrive in as they become themselves in a world that was made for nothing else.

[1]What once set the Jewish people apart from all others was its Life, its “joie de vivre” for lack of a better way to put it. Jewish people had a cheekiness, a sense of self, an Existential Chein that both proclaimed that Jews were distinct, yet open to all possibilities. “We are not you, but we could be anything…” The youthful abandon of “Lechteich acharai baMidbar”, mixed with the seriousness and self-definition of “Naaseh v’nishma”, is the perfect snapshot of the genetic personality of those descended from Yaakov/Yisrael.
Instead, it is seen today to be a need to be removed from all possibilities, to run away from fundamental science and knowledge, to build fences to keep the world away; we glorify Heaven at the expense of Earth, creating castles in the air of minute distinctions between super-kosher and supersuper¬-kosher so as to say we are better Jews than the person next door (who, nebach, eats that hechsher). We venerate the Gedolim and denigrate ourselves, questioning whether we have a right to our perceptions on the parasha or p’shat in the Gemara. Who are we, after all? They are men, and we are donkeys, and donkeys don’t have the right to have a p’shat in Gemara…

[2] Much like the apocryphal story (attributed to Bertrand Russell, Winston Churchill, and Groucho Marx among others) about a man who asks a girl if she will sleep with him for a million dollars. Of course, she says yes. He then offers her two dollars and she slaps his face, saying, ‘What do you think I am?’ He answers, ‘I know what you are. We are just haggling over the price.’
So there are those who will only put on black boxes if the price is Heaven (“a million dollars”).
[3]A sarcastic and caustic reference (from pain that it is something these teenagers feel a need to do) to the “half shabbos” phenomenon written about by the OU and others.
[4] The famous medrash (which I do not know its source) about how G-d collects all of our tears and when the flaskis filled, the Messiah will come. Besides the obvious point that this implies that the L-rd is a sadist, it’s also completely ridiculous in the context it is placed in by this understanding.
[5] Taken from the Halachos of grain harvested before and after the Omer, the pun reads to mean “all things new are prohibited by Torah law”.
[6] The prevailing understanding of Nevuah as a phone call from G-d is a mistaken one. The one person whose Nevuah was as such was Shimshon’s mother, whose name is Tzlelponi…which technically MEANS “phone call”.
[7] Pesachim 68b – “chado’i nafsho’i…ki harbei Yosi ika ba’shuka…” One of my favorite lines in Sha”s. There are many Tzvi’s in this world, but there’s only one me.
[8] “College? Feh! Don’t worry about employment prospects. You have a chiyuv to learn.” Or “You’ve been out with her 8 times already. You don’t have a reason to say no, so marry her!” Or, and I am really not making this up, in 1933-1945, “Don’t leave Europe, we are meant to stay here…”
[9] God forbid for you to think I am accusing them of consciously doing this. I am simply saying they are no different than the Miraglim, who made the same mistakes.
[10] Can you imagine the Kiddush HaShem that would have been made had we invited all those (Jewish and not) who suffer from the inadvertent evils the internet provides (community leaders, social workers, school principals, to name a few) to join us in an open dialogue to find a solution, for all the world? What better example of an ohr la’amim than that?
[11] Which, sadly, is not much different than the salmon fishery guy who revived a question of parasites in fish in order to create an in effect rule to buy his product. Although this fish man’s chutzpa was far greater, as his question he raised was already asked by the Gemara and ruled to not be a problem, so he announced that Nature has changed and therefore those very same parasites are now reason to say the fish is assur.
[12]And that doesn’t even hold a candle to the kashrut agencies who publicized their important findings on the status of some bourbon distilleries ownership by (irreligious) Jews and the subsequent problem of chametz she’avar alav haPesach and their insistence that due to this people should only buy bourbons with an acceptable hechsher…except this SAME AGENCIES ARE PUTTING A HECHSHER ON THOSE SAME DISTILLERIES once their new batches are finished aging.
[13] Not to mention the new push to not drink sherry cask scotches, as it may be a problem of yayin nesach. Except Rav Moshe Feinstein, who is the halachic benchmark for these communities in just about everything else, says it is not a problem at all (and supposedly drank them himself). However, now that you can see kosher symbols on scotches, you can understand the sudden difference in understanding of the halacha…
[14]It is worth noting there is no word in Lashon HaKodesh for “obey”. Modern Hebrew invented one, l’tzayet, as it was necessary for the army…

Single Women Who Want to Have a Baby

Question to Rabbi Yuval Cherlow, Rosh Yeshiva of the Hesder Yeshiva of Petach Tikva:

I ask you to bravely write an answer to a question that has been disturbing me very much for quite some time. I am a thirty-six years old woman, rather pretty, educated and well taken care of, who has been attempting for over fifteen years to get married, but to no avail…

I want to have a child!!! I dream all the time about him and I want a child!!!

I beg of you: please articulate for me the entire issue from the very beginning till its end. with a specific conclusion. Am I allowed to bring a child to the world while I am not married? To be exact “How may I have a child?”

Response from Rabbi Cherlow:

I shall attempt to the best of my ability to articulate the entire matter and all its various considerations.

  1. The fundamental principle of our existence is the complete Jewish family. The Torah has written in the story of Garden of Eden: “Therefore shall a man leave his father and his mother and shall cleave unto his wife and they shall be one flesh,” and it taught us that all the elements of the family are concentrated in one place: Living with a mate [shall a man leave his father and his mother], in matrimony [shall cleave unto his wife] and the fertilization [and they shall be one flesh.] Therefore, the constant yearning and goal is to establish a family, and the framework to give birth to children. Since the issue is already mentioned in the story of the Garden of Eden, we may learn of its high importance, and its being the foundation of human continuity. In contrast with the culture of the world in which we live now, which is a world of taking apart and colorful reassembling, this is the stability and holiness of the Jewish family. Therefore, before considering any other option, it is essential to make every effort to establish a legal and proper family in which to give birth to children.
  2. Due to the holiness of the Jewish family there exists a deep hesitation to giving birth to children outside of such family framework, which could be established. The Rabbis integrated the mitzvah of “be fruitful and multiply” to the mitzvah of marriage, and they explained that is the reason why the mitzvah to get married is not an independent ‘stand-alone’ commandment. The halakha expects people who wish to get married to build a Jewish home on principles of concession, mutuality, respect, willingness to compromise, the acceptance of a spouse–even if not perfect- and much more.
  3. When a woman reaches a point when it becomes probable that she will not be able to establish a Jewish home despite her strong will to do so and her willingness to compromise towards that goal, coupled with the continuous ticking of her biological clock and the declining chances of giving birth, but she nonetheless still wishes very much to have a child-- there exists a serious unresolved question that is still disputed among the halakhic authorities. Some claim that a woman’s strong wish for a child should not outweigh the significance of the holiness of the Jewish family, nor the benefit of a child to be born into a family with a father and a mother: thus there is no way to move in this direction. Moreover, there is a social framework that one must consider as well, namely, the desire to prevent the slippery slope of the wish to give birth to children out of wedlock in much younger ages, and in fact where giving birth with no husband may become the normative or even ideal mode of life. Sometimes, social tenets designed to protect the holiness of the Jewish family restrict the private will of the individual.
  4. On the other hand,  some rabbis claim that when one reaches the stage where the chances of pregnancy are about to fade, and when a person demonstrates that she did all in her power to get married but did not succeed, there is no way to prevent, halakhically, the realization of her hope to bear children.  That is because even the Torah describes that a childless woman feels as if her life without children is not a life, [“Give me children, if not I am a dead “(woman)]. The Midrash comments that Jacob pained Rachel when he replied to her in an inappropriate manner; that is because there is no clear prohibition on a woman to give birth without first establishing a home. That is due to the fact that one is prevented from entering into the issue of “the right to become pregnant”, for it is an issue of human conduct that preceded the Torah, and is a fundamental of human existence. That is because sometimes a woman may give birth to a unique child of her own with no father, and raise him/her with love and care more than in a dysfunctional family which continues to give birth to children.
  5. I tend to lean toward the second opinion; however, because of the serious responsibility attached to maintaining the holiness of the Jewish family, there is a need to limit that permission to women who are about thirty seven years of age, and who have reached that age unwedded through no fault of their own. The age was arrived at from the research of the medical sciences regarding the declining chances of a woman’s impregnation, which is close to the last possible deadline for it. There is no way to permit this at a younger age, but one should continue to try every way possible to establish a Jewish family [by marrying].   
  6. Obviously, even after the process of impregnation has been successfully completed, the woman should still attempt to establish a Jewish home [by getting married].

The ways to do so:

In today’s medical technologies, there are three main possible ways. First is the regular way, namely sexual relationship. On the one hand, it is the natural and simple way, yet on the other hand in these types of relationships there exist a direct violation of Jewish holiness – pre-nuptial sexual relationship.

  1. The second possibility is artificial insemination. The advantage here is that it is not a complicated medical procedure. On the other hand, it involves some degree of discomfort, and in addition, there exists the possibility of using a relatively large amount of sperm in the process, giving rise to the issue of “wasting sperm purposelessly”.
  2. The third possibility is in vitro fertilization; this too has advantages and disadvantages. The advantages are its high level of probable success, fertilization with no sexual relationship etc. The main disadvantage is that it requires a medically invasive procedure with no medical cause, in an ovarian stimulation, which may lead to a hyper stimulus, and in full anesthesiology in harvesting the eggs etc. Of the above three ways, it appears that artificial insemination is the preferred method. As a second choice I tend to favor the IVF, which has become the relative norm, better than a sexual relationship intended for the exclusive purpose of impregnation.
  3. An independent question is which sperm to use. Here there are three basic choices. The first and best of them is the sperm of an identified Jew. It is assumed that we are referring to a person who will be willing to recognize the child as his own, and who reaches an agreement with the woman about the essence of such recognition. One may reach different types of agreements, some which will require nothing from the donor and/or an agreement of full partnership in caring for the child, similar to those that exist among divorced couples.
  4. The second possibility is to use sperm of an anonymous donor. It is halakhically preferred to use sperm of a non-Jew, in order to avoid the need to define the child as one of unknown parentage (where we need to be concerned whether the child is illegitimate), for even though one is dealing here with a rabbinic prohibition [rather than a Torah prohibition] we observe all those prohibitions very carefully, especially when we deal with genealogy. One has to remember that according to halakha a woman may not marry an illegitimate man. Therefore, it is entirely possible to argue that by [using sperm from an anonymous Jewish donor who may be illegitimate] one may cause harm to the child who was born from the sperm of an anonymous Jew. There are several reasons to prefer a gentile’s sperm; some of them are medical [avoiding marriages between relatives]. It is indeed true that there may be a desire for the child to be born from Jewish sperm, but the halakhic preference for non-Jewish sperm is unequivocal, and one should not use sperm of an anonymous Jew.

The above is written with a deep feeling of pain for this reality where there are women who have reached this age but did not find a way to establish a home despite their strong wish to do so. These things are very personal; obviously, and one should not employ this route a priori, for it stands in clearly against the Torah’s ideal goal, and compromises the holiness of the Jewish family. It is self-understood that there is a long journey following the birth-- raising the child lovingly and with warmth, with proper education in mitzvoth; but these are topics of their own.

(In light of the many reactions to Rabbi Cherlow’s first responsum, he wrote a second responsum on this topic.)

According to our tradition, when a person enters the hall of study, he recites the prayer of Rabbi Nehunyah Ben Hakana that includes the words: “May it be thy will, Lord my God, that no stumbling-block be caused by me and that I shall not fail in matters of halakha, and that my colleagues shall rejoice in me, and that I shall not say on the defiled that it is pure and conversely, on the pure that it is defiled, and may my colleagues not err in matters of halakha so that I may rejoice in them.”  This prayer was not completely fulfilled in my case. Many of my colleagues did not rejoice in what I’ve written, and a small number even claimed that I have erred in matters of halakha and that I declared the defiled to be pure. I therefore decided to add clarifications to what I have written, and may be the number of those who rejoice in my teaching surpass those who do not rejoice in my teaching. As previously, I pray to the Master of the Universe begging that I shall not fail nor err in matters of halakha, and not err in the way I write it. I predicate my response on the belief that all those who did not rejoice in my teaching had pure and worthy intentions and their position deserves a carefully weighed response.  There were almost no foolish comments nor statements that should not have been made.  This issue is worthy of a serious discussion among scholars of halakha, and there are many opinions, which are not so far from each other, as I shall demonstrate, despite the clear variances among them. I wish to thank all those who responded, particularly those who disputed my arguments and required me to re-examine what I’ve written.

My response will deal with three subjects: The first is my ruling itself, and the decision regarding the status of she who reached the age of almost being unable to give birth to a child of her own. Second are the various considerations that may lead to a different ruling, particularly the fear of the slippery slope leading to the destruction of the institution of marriage. Third is the publication policy and public discussion of such issues. The delving into halakha should always take precedence to the issue of general publication. 

Let us commence with the common denominator among all the rabbis: there is no one who disputes the idea that the Jewish family is the unique and basic holy path for a happy and complete life.  That is how I started my discussion last time, and I dedicated to it more than a few sentences. Even beyond that, in my daily life I dedicate the majority of my time to this topic. Ten years ago, I acted as a partner in the establishment of the rabbinic association, “TZOHAR”, [let me clarify that “TZOHAR” has no common halakhic stand in this matter, and therefore let there be no doubt that my previously stated opinions do not reflect the position of “TZOHAR”; indeed, some of my colleagues there disagree with me]. Since then I have dedicated many days and nights facilitating the establishment of a Jewish home in accordance with the laws of Moses and Israel. I merit the [opportunity] to participate with the rest of Israel’s rabbis, whose main preoccupation is to assist in establishing families, peaceful homes, avoidance of divorces, finding solutions to problems of fertility—these are an integral part of their lives. The accusations against me, claiming that I allegedly assist in the destruction of the sacredness of the Jewish family, ought to be refuted by my constant investment of time and effort in these matters. In my two sites “MORESHET” and “KIPAH” alone there are about 15,000 correspondences dealing with these issues. The majority of these correspondences are not made public due to their private and intimate nature. Moreover, a large share of my rabbinical work is involved with similar topics. Therefore, there is no variance between all Israel’s rabbis, who see the establishment of a Jewish home as the basis of national sanctity. The previous article opened with a discussion about the Jewish family, which comprise three principles whose origin is already mentioned in the story of the Garden of Eden - living with a mate, matrimony and children – and only when all three elements are simultaneously fulfilled one may speak of complete family sanctity.

Because of the above and due to the extreme importance of the family’s sacredness in Israel, I already wrote previously that one must do all needed in order to be married. A part of the spiritual prerequisite is to fully comprehend the deep meaning of living with a mate, the fact that none of us is perfect, and a prospective mate is also imperfect. One must convert the dreams of a charming prince or princess coming into their lives riding on a white horse, into a realistic relationship with people with positive and negative traits. One should be willing to pay some price in order to fulfill dreams – in order to build a proper Jewish family. Moreover, it should be made abundantly clear that any sexual relationship out of wedlock is strictly prohibited. I’ve written about this topic many times, and in the great disputation regarding immersion [in a Mikvah] of single women, I’ve stated unequivocally that such action is strictly prohibited, and I find no way to permit it under any circumstances, even if it involves declaring the transgressor as deserving the punishment of  “Karet” in this context. 

This position is not one of Judaism attempting to guard itself from self-destruction. It is far beyond that, and it is the radical message that the Torah projects to the entire world; it calls on us to resist the major trend of the destructive process in which we find ourselves. In the Western world, in which we live, the various elements of establishing a family are diverse, and what is taking place is the profane destruction and uprooting of sacredness as a basis of the family unit. We strongly deride this major destruction, and we continue to strongly adhere to what is considered to be a novel idea – the molding of the man-woman relationship into the concept of sacredness of the Jewish family unit. This holiness is one of the great messages which we are spreading around the world, and we do so with strength. We believe that this special flag will redeem the world from its current destruction, and will sanctify the reality, and will return the concept of family to its proper position. The preceding, as stated earlier, is a common denominator among all the rabbis in Israel, and as much as I am aware, despite all the multitude of disputation in the rabbinical world, no rabbi disputes this.   

The question that must be dealt with is one of “a posteriori” [Bediavad]: single women who have done all in their power in order to be true to the concept of family sacredness, and did not merit, for whatever reason, to establish a home in Israel, yet wish to experience parenthood and to raise a Jewish child--what is the law for them? I shall emphasize, particularly addressing the secular public and its criticism of what I wrote, that the intention is by no means to, Heaven forbid, bring the rabbi unto the privacy of the bedrooms of people. The proper place of a rabbi is in the Torah academy and not in people’s bedrooms. A believer incorporates in his considerations as a vital element the spiritual and halakhic implications of his deeds. Then he turns to his rabbi, whose specialty is exactly in those domains, in order to learn how the Torah rules on these subjects. No one knows how many women are perplexed by this question; therefore, any empirical statement will be of no real value. This question is not an exclusive one to women, but to all who seek the true knowledge of the faith, because much of the spiritual world is especially built on principled inquiries on various issues. This is the essence of Torah study; we tell the Yeshiva students repeatedly that we cover the entire Talmud regardless of its practical implications for actual life, exactly because what the Torah in its entirety projects on the rabbinic personality. Therefore, this question relates not only to adult women who are frustrated because of this issue, but to all whose proper study of Torah is important.

In this a posteriori situation I irrevocably think that such action is permissible. From the many critics from the rabbinic world, I heard no one who claimed that this is prohibited in principle, and that there is no halakhic way for a single adult woman to give birth. I even heard the Chief Rabbi of Israel Rabbi Amar in a radio interview on Kol Israel, say that when an extraordinary situation such as this exists one must inquire of a knowledgeable authority. I must emphasize that I do not claim that Rabbi Amar has agreed with what I have said.  I simply infer from his reply, as I do from all the critics, that what I said is correct regarding marital issues, There is no prohibition on an adult woman to become pregnant and give birth in a specific manner, when her goal is to merit parenthood and child-bearing.

From the wide public response to what I said, there were those who argued that one must keep in mind the child’s welfare. Because of that, one should prevent a single adult woman from bearing children. There is no dispute with the fact that it is better for a child to grow up in a family with a father and a mother; to the best of my knowledge all the researches agree with that premise. However, the insertion of this argument of ‘the child’s welfare’ into this discussion constitutes a horrible slippery slope, which one must avoid at all cost, even before one commences this slide downwards. I shall emphasize that I am not just talking about a potential slippery slope [which will be discussed later] but about a factual slippery slope. For if we were to incorporate the argument of “the child’s welfare’ in the question of child-bearing, then we will be required to investigate all the world’s couples, leading to a situation where one will require a permit to bear a child. It is possible to unequivocally determine that there are numerous couples that any child born to them may expect a miserable life. Therefore, the insertion of the argument of “the child’s welfare” in order to prevent an unwedded woman from impregnation will stand to no test. Deciding who is worthy of having a child and not, based on the argument of ‘the child’s welfare”, will inevitably enable a child to sue his parents for living in Tel Aviv with all its pollution, or similarly against parents who live in Hebron and bore children in a dangerous environment.

Beyond that, one may not, in the name of halakha, invoke the argument of “child’s welfare” when the concept of child’s welfare appears almost nowhere in a halakhic discussion.  To remove all doubts I shall emphasize, that there is no body of laws, which considers the child’s welfare as does the halakha; however, it is exceedingly difficult to find a single limitation which was placed on the parents because of the argument of “the child’s welfare”. A halakhic discussion must be conducted on the basis of a search for the truth and not be manipulative in nature. Therefore, one may not employ the argument of “the child’s welfare” in places where it is convenient and fits well a priori, and conversely reject it in rulings regarding issues of matrimony, such as birth etc. Such practice may distort the issue of family planning in certain circumstances [mistaken in our view] regarding the damage caused by families with many children and many other issues.  Therefore, from the principled or from the empirical aspects one should not regard the consideration of “child’s welfare” as an influencing argument on the discussion at hand. Whoever inserts the argument of “child’s welfare” to this discussion will cause a far greater damage to the family institution in Israel.  

Similarly, it is impossible to invoke an argument against a woman as selfish in the name of halakha. Do women who wish to give birth think of themselves only? About such claims the Midrash says: “Is that the way one answers a painfully hurting women?” Many adult women are tormented with great pain and are abused by men who drag them along for a long time. They see their friends readying their children to get wedded: may we call such women selfish? Even the suggestion that their problem may be solved by adoption resembles the consolation Elkanah [gave his wife Hannah] “Am I not better to you than ten children?” His loving words did not console Hannah at all. In general, I find it difficult to comprehend how one can dare to judge those in such a terrible state and then offer alternative suggestions, while the Torah itself describes such state as “I am dead”.

I wish to comment here that there is a severe contradiction in many of the replies:  they argue that a married woman should do everything possible and more regarding impregnation, claiming that in the end the reward exceeds the price demanded of her, and the matter is important not only from the ideological and religious aspects but also a matter of mere existence. These proponents are strict in regard to postponements of pregnancies etc., yet when it concerns a single woman who is tormented, all these considerations evaporate. Obviously, they claim, the answer is unequivocally that it must be prohibited. Is there any selfishness spoken about here?

In sum, I have reviewed all the arguments of those who disagreed with the essence of what I’ve written related to this matter and I found no refutation which proves that what I have written is wrong.

Since the second part of my article –how to do it- did not merit a real discussion, I shall not repeat it. I shall say only that three main arguments were advanced. The first is a medical one: There are those who think that there exists another solution, namely freezing one’s eggs [and using them at such later time when one is married]. Being a member of the Helsinki Committee for medical and genetic experimentations, I am proficient in the research subject of freezing eggs. In the last few weeks I have been dealing intensively on various aspects of egg freezing [IMF], both in slow freezing and in the emerging technologies of flash freezing. One should not deceive women in this matter. The percentage of successful impregnations via these methods is about 2-4% per egg, and the flash freezing which is still in progress is far from being a successful medical procedure. It is still in the realm of research and not a medical protocol. Similarly, it is a complex problem because in reality what is suggested actually tells the woman to freeze her eggs [meaning to prefer harvesting eggs by invasive methods] and to gamble –if she is lucky and gets married then it was a wise decision, if not she will be forced to be impregnated only on the day she defines it as that day when all her chances to bear children have faded away, I find it very difficult to comprehend this logic. Above all, making the procedure of egg freezing into a modus operandi creates with it very serious ethical problems [maintaining one’s fertility even beyond the normal age of fertility etc.] and my ethical stand is that one should minimize such procedures. The same argument applies to the suggestion of partial implantation of an ovary. To this day, the scientific research is not convinced that what enables one’s impregnation following a partial ovary implantation is due to the implanted portion. There are many researchers who suggest that pregnancy is enabled by the portion of the ovary that was there before. Moreover, what is the medical and halakhic rationale to employ such a drastic procedure?

The second matter regards the order of priorities in impregnation. In view of the fact that in general I tend to articulate my ideas in a very gentle and composed manner, on occasion some matters require a sharp and unequivocal statement. Therefore, I shall repeat and say, in my humble opinion, the preferred manner, from the halakha’s point of view, is insemination by an identified Jewish man. This is the great fundamental of preserving the Jewish pedigree. Many commented that it is difficult to find men who would agree to this, because from the legal point of view, even if the woman is willing to waive the recognition of his fatherhood, the child may be able to sue and chances are that his claim may be granted. There are legal remedies, however, and I am not the expert in this field; I am just pointing it out to prevent any stumbling blocks [for the woman]. If the above way is not feasible, the only other way is a gentile’s insemination. Under no circumstances is one permitted to enter into a sexual relationship out of wedlock, and if due to my gentle style of expression in my previous article [it might have been understood] that there exists such a possibility, now all is crystal clear.

The suggestion that the woman should be married for one day in a fictitious marriage contradicts all my halakhic way of thinking. The halakha was not designed to create fictions, even though we required them on rare and critical occasions [e.g. the permission to sell hametz before Passover]. One must minimize this method and not create situations where they should be utilized.

The second area is the fear that such a ruling, and certainly making it public, will exacerbate the deterioration of the family’s sanctity in Israel. Many claimed that once women will be cognizant of this option, they will not adequately exert themselves to get married. Once this is permitted by halakha, they will prefer to bear a child via that route without paying the price of being married – compromise etc. Moreover, it will draw women of younger ages into this realm, since the age of 37 cannot be upheld unequivocally.

I shall emphasize at the outset that the arguments brought forth by my detractors were more than legitimate in a halakhic discussion; they were essential arguments. The rule of halakha is not decided based upon analytical considerations alone. There are numerous considerations, and this is the reason one must support scholars of halakha so that one may learn from their method of ruling.  Even in this article I base my unequivocal rejection to prenuptial relationship on something that is far beyond the formal aspect of the issue at hand. That is the way the halakha has been decided over the generations, and similarly it is true for this matter here and now. Thus, in principle, arguments such as these are truly of extreme import, and one must deal with them seriously. The question is if in the case we are discussing, these arguments allow an adult woman to go through a fertilization process enabling her to have a child.

The confrontation with these heavily weighed arguments has to be conducted on three levels. The first level is the empirical one – would the number of women who will opt not to get married as a result of this ruling, increase substantially? My position that rejects this possibility is based on the Torah itself, as it says that the origin for marriage is “It is not good that a man should be alone, I will make a help meet for him.” Similarly the principle position of the Talmud is that “It is better to dwell with a load of grief than to dwell in widowhood,” [Kidushin, 41A]. Because of my constant preoccupation with the human soul, I increasingly know the reality that the majority of single women want very much to get married. There is no real temptation to remain alone, and it is very difficult to raise a child alone. The assumption that there are many women who marry at an advanced age just to bear a child and now will refuse to be married – is an assumption whose factual support is very weak.

Concerning the biological time-clock, the age of 37 is not arbitrary, but is determined by medical research which affixed this age as the last opportunity [to bear children]. This is the basis for setting this age, and not the fear of the advancing of age. Therefore, my evaluation is that no substantial slide will occur that will draw younger women into this decision that could contribute to the slippery slope of destruction of the family unit.

The second level is the essential question of making a ruling based on the fear of a “slippery slope”. One has to recognize that invoking the argument of “slippery slope” is problematic in essence, for it injures one woman in order to prevent another one from sliding down the slope. This consideration caused our sages to minimize such decrees. One should not make a decree upon a decree, maintaining all the discussions in the Talmud where the question of “should one decree or not decree” are present. Those who believe in the value of the argument of “slippery slope” must be very cautious from the very same concept, due to the hyper usage of this argument [as a basis for ruling,] for if not, one will find himself in a state of self-contradiction.  As a result, one who wishes to prohibit suffering single women from bearing children must be the one to produce proof that the usage of the argument of “slippery slope” indeed justifies such prohibition. In my humble opinion no such proof was presented.

The third level is that, opposed to the prohibitive ruling are other fundamental and solid considerations, especially the halakha’s recognition of the horrible suffering of the childless woman left to live alone because she found no one with whom to build a family. Therefore, the assumption that it is better to prohibit [her from bearing children] lest this cause a deterioration of the institution of the family, as I’ve said, I strongly doubt if this is empirically correct, and it is problematic from the halakha’s point of view. Whenever a decree is issued, one must consider the price, and the price here appears very heavy, as we claimed above when we cited Rachel, our matriarch. The suffering of an unmarried woman who is also deprived from having a child is extremely severe. Therefore the ruling prohibiting women to do so is problematic in itself, and the burden of proof is on those who prohibit.  One who wishes to decree that a single woman may not be allowed to bear a child, he is the one who much bring forth a proof [for his prohibition] and not the person who permits her to do so.

The most problematic issue is the publicizing of these issues. This is also the main critique which I received, and it requires me to investigate again and again the issue of making such topics public.  Much of what I heard from my rabbinic colleagues has made an impact on me, and definitely shook my feeling of certainty in regard to the importance of making these issues public. The heavily weighed arguments against publicity made me reach a certain conclusion. However, prior to that decision I wish to elaborate on the arguments supporting publicizing [such issues].

I shall commence with the personal dimension. I think that one has to live a very “transparent” life in areas of principles [not in matters of personal feelings or other intimate matters]; namely, one should reduce the gap that exists between his genuine thoughts and what he says aloud; he must seek complete harmony. In my opinion, it manifests the Torah’s commandment that one should not lie, as well as the obligation that one’s yes is true and one’s no is also true. By that I see the fulfillment of the Torah’s commandments “Thou shall fear no one” and on occasion “Thou shalt not follow a multitude to do evil”. I see in it a wonderful tool to confront the temptation to gossip in private; one has to accustom himself to think that everything he utters in private is as if it were stated in public. By doing so, he will not permit himself to say something he ought not say; it surely is a wonderful controlling device. I resent situations where people say one thing but think something else; [that is the reason I do not assign great importance when various groups of people convene, because the most important thing is not what they say in these conventions but what they say at home; and even more important is that every one would listen to what the other one truly says at home about himself.] I dislike apologetics, where people frequently are not willing to stand courageously behind the true position of the Torah; instead they present all sort of excuses etc. Therefore, naturally I feel that a person must truthfully tell what he thinks and not mask it.

Furthermore, our holy Torah, our sages, the composers of the codes of laws and all the books I know –never hid anything. I assume that if the people who claim that one should avoid making things public had lived during the time of Moses, they would have suggested to him not to write the rules of divorce in the Torah, but to write that if a couple has marital problems they should go to their rabbi to ask for his advice, since if the divorce rules were written in the Torah it would cause the danger of “slippery slope” toward divorce even if it were possible to save the family. Indeed, there exists in halakha a concept of “this matter should not be spoken of in front of the ignorant”; however, it is applied very rarely. All the laws of the oral Torah are fully exposed, all are accessible, and parts deal with subjects much bolder than the relatively narrow one which I dealt with in my responsum. The clear majority [of halakhic opinion] does not require one to ask the advice of a scholar on the specific personal level, but [halakhists] write clear and concise halakha which involves the public at large, and this involves a much larger slippery slope. Thus, it is again incumbent on those who claim that one should hide the halakhic rulings from the public to prove that position.

Beyond that, the main reason we give for learning all of the disputations in the Talmud is that this is a means to attain the spirit of the Torah. The discussion of the topic of adult single women who wish to bear children is not restricted to itself alone but has further implications. It illuminates several general rules, from the great importance of establishing a family, as well as indicating the great sensitivity the Torah demonstrates to those in great pain and suffering. This topic might turn into such a key subject on both of these aspects, and on exposing the world of halakha regarding this subject in its entirety. Finally, it may cause many more to come back in full repentance. It is so important to me to illustrate how the halakha operates with courage and integrity, and to state out loud that a Cohen may not wed a divorcee, that intermarriage is among the most harmful acts to Jewish holiness, and that a man and a woman sign a truthful covenant with no permission of any kind to sway to one side or the other and defile the sacredness of this covenant. Conversely, one must state courageously and honestly what is permissible.  

Essential is the understanding of the period in which we are living today. We are living in a period in which the control over knowledge is not the way by which one advances dear and important topics in the world. One of the main characteristics of our time is the fact that the hierarchy in the realm of knowledge is completely different. In view of that, the main struggle is not conducted by attempts at stopping or halting, but by constant nurturing of the free choice. We the rabbis from all affiliations must invest our strongest efforts to refrain from issuing decrees and building walls, to the side of strengthening and glorifying the will, to guard the words of the living God and the deep spiritual direction by which one should live. In our post-modern world people live lives of free choice in all areas, also in this area. Therefore, one cannot treat the public in general as if it was waiting for the rabbis to give permission to bear children out of wedlock. The public at large is faithful to God’s words and His Torah, particularly because of the fact that they choose to do so from free will. Our major effort must be in that direction. Therefore, personally, I tend to strengthen the family unit in Israel in a way of empowerment of the free choice and not by concealing the information.  Thus, I find it hard to accept the principle that there are matters one does not divulge to the public. As previously mentioned, the written law did not act that way, and the oral law too did not act that way. Thank God, we are exposed to all that our sages have written, and I find it very difficult to understand why we must start acting differently now.

The claim that making this issue public will bring about the destruction of the institution of the Jewish family unit demands a solid and true proof, and those who criticized me did not present those proofs. The institution of the family unit has been finding itself in great trouble for a long time. Some of the reasons for this have nothing to do with what the rabbinical world does, but emanate from the general culture and from the post-modern world in which we live. However, a major portion of its weakness originates in other areas of the rabbinical world that has no bearing on the subject I discussed above. On the contrary, let the critics ask the women who are not married why are they not married in accordance to the laws of Moses and Israel, and let them discover how many of them do not get married because they are planning to bear children at an advanced age out of wedlock, and how many of them are not married for a variety of reasons which are connected to very restrictive and problematic rulings. Each couple which lives together out of wedlock without a proper Jewish wedding constitutes a painful testimony to this reality.

The strengthening of the Jewish family unit will not be attained by building higher barriers of entry. The building of the family unit is attained from the other direction, i.e. encouragement of proper free choice, education to good family life, exposure to holiness and purity, the establishment of rabbinical authorities the likes of “TZOHAR”, and other such groups, which draw the nation to the sacred. In general, there is no room in our world where one can build things by concealment of information. We need to come out stressing the message that emphasizes the strength of the family unit in Israel. Part of this message is the clear spelling out of those things which are prohibited, and part of the message is the humane and compassionate approach of the halakha where it employs those considerations.

Among the many elements that contribute to the destruction of the family unit in Israel is the fact that the halakha is regarded by many as unfair and unethical. This subject is not simple at all, and it requires a thorough examination.  The great message of the Jewish family unit also contains the pain sometimes caused to some individuals e.g. a Cohen who wishes to marry a divorcee, a young woman whose husband was injured and is vegetating in a hospital, and many more such cases.   We need to stand strong, without apologies, and declare that indeed this is the price we are asked sometimes to pay in order to preserve our holiness and purity. Even then there are occasions where the courts find a solution. Exactly because of that, our Torah must be one of Truth. In areas where the halakha makes possible the utilization of human pity and compassion that do not contradict the manifestation of The Master of the Universe-- one must do so with all his might. I deemed it very important to publicize this issue, as an integral part of the struggle to advance the proper way of the family unit in Israel.

The weighing of all the pro and con reasons led me to conclude in favor of publicizing the issue. Much of what friends and colleagues have told me caused me serious inner doubt about my decision. I intend from now on to consult some of my friends before publicizing such issues. I shall not publicize issues without hearing a second opinion regarding the principle of publication. I assume that there will still be a gap between my thoughts and those of others, yet there is nothing better than having another eye looking at things. This will be the modification that I will implement following the large criticism, which consisted of many true ideas which were stated for the sake of the ‘fear of God’ and the desire to correct. 

Let it be the will of God that all will merit to establish a healthy, faithful, pure and holy home in Israel, and that they should not need radical solutions in difficult circumstances, and that they should not need to take apart the three main ingredients of marriage but will build a proper home, and that these issues that we dealt with shall remain in the realm of theory only, and that every one shall find his proper mate.

A New Analysis of "Kol B'Isha Erva"

There is no prohibition whatsoever of innocent singing; rather, only singing intended for sexual stimulation, or flirtatious singing, is forbidden. Although this distinction is not explicit in the early rabbinic sources, it closely fits the character of the prohibition as described in different contexts in the Talmud and the Rishonim, and it is supported by the language of the Rambam, the Tur, and the Shulchan Arukh.

Q: We have a practice in our school, in ceremonies organized for various events, that a female student sings as part of the ceremony. Is this practice halakhically acceptable?

A: The issue of "Kol B'Isha Erva" (the voice of a woman is nakedness) is discussed extensively in many contexts, mainly in the responsa of the great rabbinic figures of the past generation. Even, so this issue has not been discussed in relation to communities that already have an established practice of leniency and allowance of women to sing publicly. The premises of this responsum will be thus:

A) The tradition of the poskim (halakhic arbiters) of examining existing practices and investigating whether the community has legal ground on which to stand.

B) The assertion of the Maharshal, (accepted as practical halakha) that psychological and spiritual need is considered an important concern that justifies reliance upon a lone or minority halakhic opinion. And according to reliable accounts, there are women in certain communities who are so offended by the ruling forbidding them to sing in public that they turn away from the Torah and commandments due to it.

We will investigate the topic of "Kol B'Isha" according to its principal sources. For clarity's sake, these sources will be investigated topically, without tangential digressions, and not in chronological order.

What is the subject of the original saying "the voice of a woman is erva (nakedness, lewdness, or sexual impropriety)"?

The Talmud in Masekhet Berakhot 24a relates:

Rabbi Yitzhak said: "A handbreadth of a woman is erva." With respect to what [does it constitute erva]? If we should say that it is for looking [at a woman], had not Rav Sheshet said: "Why does the scripture list the outer adornments together with inner adornments? To teach us: anyone who looks at even the little finger of a woman is as if he were looking at her genitalia!" Rather, it refers to his wife, and for the recitation of Shema.

As is often the case with the Oral Torah, there is almost no word in this passage that has not merited much interpretation. For clarity's sake we will deal only with the interpretations that are important to the halakhic issue at hand.

The Talmud presents Rav Sheshet's statement as opposed to that of Rabbi Yitzhak, thus creating a conflict between the two statements. The Talmud resolves this by claiming that the statement "the handbreadth of a woman is erva" was said only in the context of the recitation of the Shema: it is forbidden to recite the Shema in the presence of a women who has a handbreadth of customarily covered flesh exposed, and this ruling applies even to one's own wife. In contrast to this, the words of Rav Sheshet - that one must not look for pleasure[1] at even the little finger of a woman - are meant to apply in general circumstances. Even though it would have been possible to explain Rav Sheshet's statement as a simple moral injunction, the Talmud in Masekhet Avoda Zara defines it as a prohibition of looking at a woman in an inappropriate way.[2] Thus, the statement of Rav Sheshet finds its way to the Rambam, the Tur, and the Shulhan Arukh as practical halakha - there is even a disagreement among the poskim as to whether the prohibition is deoraita (biblical) or derabanan (rabbinic).[3]

The next section of the Talmud leads to differences of opinion among the Rishonim, as it is unclear with regard to what context the following sayings are presented:

Rav Hisda said: "The shin of a woman is erva, as it is said: (Isaiah 47) ‘Bare your shin, wade through the rivers,' and it is written: (ibid.) ‘Your nakedness shall be uncovered' and your shame shall be exposed.'"

Shemuel said: "The voice of a woman is erva, as it is said: (Song of Songs 2) ‘For your voice is sweet and your face is comely'"

Rav Sheshet said: "The hair of a woman is erva, as it is said: (Song of Songs 4) "Your hair is like a flock of goats."

After the Talmud has suggested a different context for each of the two opening, "conflicting," statements of the previous section, it is difficult to ascertain to which context it is appropriate to attribute these following statements. The saying that is relevant to our discussion is that of Shemuel: "The voice of a woman is erva."[4] Does this refer to the specific, narrow prohibition regarding the proper recitation of the Shema, or is it a broader prohibition similar to that of inappropriate glances? A third possibility is that the relegation of the prior statements to their specific contexts was simply due to the Talmud's need to resolve seemingly competing statements, and that Shmuel's statement can therefore be applied to both domains.

All of these interpretive options are raised by the Rishonim and the Aharonim:

HaRav Yitzhak MiVienna, the author of the Or Zarua, holds that "Kol B'Isha" applies, like the prohibition of gazing at women, only in general circumstances, and has no bearing whatsoever on the recitation of Shema.[5] This also seems to be the opinion of the Rashba in his Hidushim,[6] as well as the stance of the Rosh: "Shemuel said: ‘The voice of a woman is erva, as it says "for your voice is sweet and your face is comely"' - to listen to, and not with regard to the recitation of the Shema."[7]

This also seems to be the position of the Rambam in the Mishneh Torah:

"And it is forbidden for a man to ‘wink' using his hands or his feet, or to hint with his eyes at a woman forbidden to him, or to joke with her or to act light-headedly, and even to smell the perfume she is wearing or to look at her beauty is forbidden, and willful violators are to be beaten as upstarts. And he who looks at even the little finger of a woman to take pleasure in it is like one who looks at her genitalia, and even to hear a voice of an erva or to see her hair is forbidden."[8]

From the equation of the prohibitions regarding voice and hair to the general prohibition of looking, we can infer that their presence does not necessarily imply sexual stimulation - rather, what is problematic is the inappropriate interaction with them by the looker or the listener. Therefore, in the laws of the recitation of the Shema, the Rambam does not list the voice of woman as one of those things that detract from the proper recitation of the Shema: "And the whole body of a woman is counted as erva; therefore, he should not look at the body of a woman when he is reciting; even if it were his wife and even if only a handbreadth of her were exposed, he should not recite in her presence."[9]

The Tur as well ruled, in accordance with the Rambam, that "Kol B'Isha" is limited to the topic of general modesty: "and it is forbidden to listen to a voice of erva,"[10] making no mention of a connection to the recitation of the Shema.

In contrast to this, the Raavya rules, in accordance with precedent opinions, that the central prohibition of "Kol B'Isha" specifically regards the recitation of Shema.[11] This is also the opinion of the Ritva in his Hidushim on Masekhet Berakhot. This position can be supported by the stylistic similarity of Shemuel's statement to the first statement "a handbreadth of a woman is erva," which is relegated by the Talmud itself to the topic of the recitation of the Shema. We]find a similar (though somewhat broadened) ruling in the Mordekhai, who states that not just the recitation of the Shema, but even learning Torah is forbidden in the presence of a woman singing:

It is prohibited to recite the Shema in the presence of an unclothed non-Jew, and it also says in the Talmud that a handbreadth of a woman is erva, even his wife, meaning a handbreadth of flesh that is customarily covered, and likewise the shin and voice of a woman are erva. And Rav Hai Gaon explained that this is all with regard to the recitation of Shema. And Rabbi Eliezer from Mitz wrote in Sefer HaYireim: "Therefore it is forbidden to perform the core parts of communal prayer while listening to the voice of a woman singing, but due to our sins we are settled among the nations in a condition of imperfect observance, and therefore we are not careful not to learn Torah in the presence of non-Jewish women singing," and so ruled the author of Halakhot Gedolot, and so ruled Rabbenu Hananel..."[12]

Rabbi Yosef Karo rules in the Shulhan Arukh according to the opinion of the Rambam in the Mishneh Torah that we should understand the Shemuel's statement in the broader sense: "and it is prohibited to listen to a voice of erva"[13] and he even rules to be stringent on the issue of the recitation of Shema as well: "One must be careful not to listen to the voice of a woman singing while reciting the Shema,"[14] and this ruling is in concert with his words in his magnum opus, the Beit Yosef: "And with regard to the halakha, it seems that we side with the Rambam, but it is in any event good to be cautious before the fact not to see hair and hear the voice of a woman singing during the recitation of Shema."[15]

In summary: there is a fundamental dispute among the Rishonim. Important Rishonim held that the main prohibition of listening to a woman's voice is only during the recitation of the Shema and other core parts of the prayer service, in accordance with the intuitive context of Shemuel's statement "the voice of a woman is erva." In contrast to this approach, other Rishonim held that the prohibition is analogous to that of looking at a woman, though it is still appropriate to be stringent with regard to the recitation of the Shema as well.[16]

What manner of a woman's voice is considered erva?

The poskim that hold that it is forbidden to hear the voice of a woman in general, and not just during the recitation of the Shema and the core parts of prayer, are divided as to what type of voice is prohibited - is it forbidden only to hear a singing voice, or is listening to common speech proscribed as well? And what about a singing voice that people are already used to? Is every type of singing voice prohibited? Let us begin this discussion with a disagreement between the Rashba and the Raavad described by the Rashba himself:[17]

And the fact that Rav Yitzhak said that a handbreadth of a woman is erva, and that we hold that this applies to his wife during the recitation of Shema, the Raavad of blessed memory explained that it is possible that this refers to a normally covered part of her body, and Rabbenu Hananel commented on this, saying that the shin of a woman is a normally covered and sexually provocative part of the body, even to her husband, and even though it is not normally covered on men, but her face and hands and feet and the non-singing voice of her speech, and her hair that comes out of her braid that is not covered, one need not worry about these as he is used to them and not disturbed. And with regard to another woman, it is forbidden to look at anything, even her little finger and hair, and it is forbidden even to hear her speak, as we say we say in Masekhet Kiddushin: "'let your honor send a salutation to Yalta [Rabbi Nahman's wife]!' He said to him: ‘thus said Shemuel: "the voice of a woman is erva."'" And nevertheless it seems to me that this refers specifically to the voice of a salutation, because there is intimacy in it.

It is important to pay attention to the fact that even the Rashba did not prohibit hearing all speech of a woman, rather only speech that has "intimacy."

In any event, his position is not ruled as halakha by the Shulhan Arukh: "one must guard against hearing the voice of a woman singing." Even though this is said specifically in reference to the recitation of the Shema, the Magen Avraham applies it to general rules of modesty as well: "'The singing voice of a woman' - Even an unmarried woman, and see the Even HaEzer 21, which states that the singing voice of a married woman[18] is always forbidden to hear, but the voice of her speech is permitted."[19] The Maharshal had already asserted that there is no prohibition of listening to a woman's speech:

And that which it says that the voice of a woman is erva, meaning that it is forbidden to speak with a woman, as Rashi explained, that if I should say hello, she would answer me - this seems to me to be strained, for they only prohibited listening to a singing voice, as the scriptures say (Song of Songs, 2): "For your voice is sweet and your face is comely." Also, we do not find that the original great sages were careful not to converse with women, as we see from several instances in the Talmud and other works not referenced here. Rather one should not ask a woman how she is doing out of a sense of intimacy. And we do not hold according to Rabbi Eliyahu Mizrahi, who forbids talking to women, even to ask her where her husband is, and I have already proved that his position is false, see in the chapter "Hasokher et Hapoalim," Siman 6, and the ruling that one does not use a woman at all, adult or child, we shall write, God willing, ahead in Siman 80, that nowadays we rely on the opinion opposed to Shemuel, that said that everything done for Heaven's sake is permitted."[20]

This explanation of the poskim, that the voice prohibited because it might lead to immodest behavior is that of song, is supported explicitly in the Talmud in Masekhet Sota: "Rav Yosef said: ‘when men sing and women respond - it is immodest; when women sing and men respond - it is like a fire in chaff.' What is the practical difference? That one should abolish the one before the other."[21]

Rashi explains:

"Like a fire in chaff" - because the responder pays special attention to hear the singer, and consequently the men will pay attention to the women's singing, and the voice of a woman is erva, as it is written: "let me here your voice" (Song of Songs, 2), and it will fire his evil inclination like a fire in chaff. But when men sing and women respond, there is a little immodesty, as the voice of a woman is erva but it does not fire his evil inclination to the same extent, because the singers to not pay such close attention to hearing the responders.

From the words of the Marshal and the Magen Avraham, we can understand that there is a prohibition of listening to the voice of a woman singing; given this, the poskim advise several dimensions that allow us to be lenient in various ways:

A) Everything here refers only to a lone voice and not to song in a group, as "two voices are not heard."

This distinction is widely accepted among different groups within the community, and it is therefore the custom to permit women's singing in a choir. This dispensation is extremely strained, alien to the character of the subject, and transferred from an altogether different context - hearing the sound of a shofar on Rosh Hashanah.[22] Rabbi Yehiel Weinberg has already raised a serious difficulty on this avenue: "With regard to what is written that two voices are not heard, is it not explicit in the Talmud that because it is pleasant to listen to, one would pay more attention? And nothing is more pleasant to listen to than what our sages attested to, that the voice of a woman is erva, from the verse "For your voice is sweet and your face is comely," see Berakhot 24."[23]

B) The prohibition applies only to listening in a manner similar to looking at a woman for sexual pleasure.

This distinction can be taken from a simple reading of all the material related to the subject, from the language of the Rishonim and the ruling of the Beit Yosef about them, although it is not stated specifically. According to this approach, my teacher, Rabbi Aaron Soloveitchik, ruled that there was no problem in public song when we, his young male students, were participating in the singing. Rabbi Aaron did not permit listening to women by themselves, even in a group, but at the heart of his position was the equation to the prohibition of looking, and the distinction between staring for sexual pleasure and general, innocent sight - and the difference is clear.

C) There is no prohibition whatsoever of innocent singing; rather, only forbidden is singing intended for sexual stimulation, or flirtatious singing.

Although this distinction is not explicit in the early rabbinic sources, it closely fits the character of the prohibition as described in different contexts in the Talmud and the Rishonim, and it is supported by the language of the Rambam, the Tur, and the Shulhan Arukh: "it is forbidden to hear a voice of erva" as opposed to language forbidding song generally.[24] (Even according to the most correct reading of the text of the Rambam - "to hear the voice of a forbidden woman or to see her hair," the word erva referring to the woman herself - the distinction is still supported by the context and the Rambam's general sense.)

The two latter distinctions are necessary, for they solve a difficulty in the language of the Beit Yosef: "And with regard to the halakha, it seems that we side with the Rambam, but it is, in any event, good to be cautious before the fact not to see hair and hear the voice of a woman singing during the recitation of Shema."[25]

This language is strange. If a general prohibition already exists on hearing a woman singing, the soft language "but it is in any event good to be cautious before the fact" with regard to the recitation of the Shema is inappropriate. However, if we interpret this position in accordance with the Tur (Even HaEzer, Siman 21) that this is with regard to problematic listening and problematic singing, we can understand the language of Rav Karo that during the recitation of the Shema one should "be cautious before the fact not to...hear the voice of a woman singing." It is appropriate to be careful during the recitation of Shema not to hear any singing of a woman, even that which is not problematic from the perspective of modesty.

These two latter distinctions are brought in the Sedei Hemed in the name of the Divrei Hefetz,[26] and were criticized by Rabbi A. D. Horowitz in a letter to Rabbi Yehiel Weinberg:

And as for what the Sedei Hemed said in the name of the Divrei Hefetz - firstly, the Sedei Hemed writes that is correct to act stringently, despite his opinion, and besides this, did not the Sedei Hemed write explicitly: "only one who does not intend to gain pleasure from her voice?" In that case, who can be responsible for monitoring such a thing? And also, what he writes in a letter that in religious singing the young men do not intend to benefit from the voice of the young women - it is a painful joke to say this, and it is easy for his venerable learnedness to say this in his old age (may he live long) (see the Tosafot on Masekhet Sota 19a, s.v. "Vekhohen," referencing the Talmud Yerushalmi, about an old priest). Does it not say in the Talmud, Masekhet Niddah, 13a, to the effect that in fear and trembling there is no suspicion of sinful fantasy - and even there the Beit Yosef wrote in Orah Haim, Siman 3, that the poskim left this out, as they could not be sure, and all depends on one's personal character..."[27]

We should pay attention to the fact that although Rabbi Horowitz's criticism of our latter distinctions (that the only prohibition is that of listening for pleasure, and that we need not worry about religious singing) is quite strong, there is still no claim of a formal prohibition on all song, rather a concern that these distinctions would be difficult to implement in reality: There is no possibility, according to this approach, that we will avoid all "exceptions", and that we will ensure that everyone will be listening innocently, and we must assume that there will always be some of the listening to women that will be problematic.

It seems to me that specifically these distinctions are the most appropriate to our circumstances, and that it is relatively easy to implement them. I have been asked for practical advice many times by students who have long been used to hearing female singers, and only discovered the halakhic problems with this after they had acquired a broader Torah knowledge. I always ask them how they react to the women's singing, and without exception they claim that the song does not arouse them unless it is intended to. Songs with this intention are characterized by their lyrics, melody, musical style, dress and body language. In communities that have the practice of permitting women's singing in serious ceremonies (even if this practice developed unintentionally) even those who wish to change the practice do not claim that the music arouses them, rather they think that there is a formal prohibition on all female singing. We are therefore witnesses to the fact that there is problematic singing, and there is singing that is entirely non-problematic.

It is likely that the stringent approach of Rabbi A. D. Horowitz can be explained by the Raavya, who considers the matter dependent on acclimation, and if so, even if groups within a certain community can be justifiably lenient, this possibility is not open to every community:

It is ruled in Halakhot Gedolot that all that we say here, that a handbreadth of a woman is erva, even if she is his wife, and with regard to another woman, even something smaller than a handbreadth, and likewise the shin of a woman is erva, and likewise the hair of a woman is erva [and likewise the voice of a woman is erva] - for all of these things it is forbidden to recite the Shema in their presence, and so explains Rabbenu Hananel. And I say that the reason for this is that even though the voice is not visible to the eye, there is nevertheless cause sexual fantasies. And all of the things [that we have related above] as erva only refer to things that are not customarily exposed. But we do not worry about an unmarried woman who regularly leaves her hair uncovered, because this does not cause fantasies, and so too with her voice [that he is used to].[28]

In light of the fundamental disagreement among the Rishonim and the interpretations offered of the ruling of the Shulhan Aruch, we can summarize:

· It is permitted to be lenient with regard to listening to the voice of a woman singing when there is a clear sense that the listening is innocent and the singing is innocent.

Such an assessment is dependent on five conditions:

1. Context and appropriate atmosphere

2. The lyrics of the song

3. The musical style

4. Dress

5. Body language

According to this approach, there is no problem with those among our daughters who are modest and upstanding to develop a career in singing, even within the general culture, as long as they do not make concessions of the refined foundations of Torah culture, and do not cooperate with the vulgar, commercialized aspects of the culture surrounding us. In an approach that is not accepted as halakha, the Sefer Hasidim held that there is a parallel prohibition on women to listen to the voices of men.[29] Even though this is not practiced halakha, it is ideal to pay attention to the five conditions I have outlined even in the case of a man singing in the presence of women.

· The dispensation for two or more voices is far-fetched and should not be relied upon alone.

In practice, when we rely upon this dispensation alone, there are many pitfalls. It seems that we have found a simple, easy answer, and we need not worry about the lyrics, or the melody, or the musical style, or the dress or body language, and in reality this sometimes creates a culture unbefitting the spirit of the Torah.

1. The Rishonim write about looking for pleasure or sexually inappropriate looking, and distinguish between this type of gazing and "sight".

2. Avodah Zarah 20a, ulistakulei mi sharei

3. Beit Yosef, E. H. 21

4. Every statement of this passage deserves its own discussion, as they each have unique characteristics and their own parallel passages.

5. Or Zarua, 1, hilkhot taharat keriat shema utefilah, no. 133

6. Hiddushei ha-Rashba, Berakhot 24a

7. Rosh, Berakhot, 3:37

8. Rambam, Hilkhot Issurei Biah, 21:2.

9. Rambam, Hilkhot Keriat Shema 3:16; See also his Responsa, no 224.

10. Tur E.H. 21

11.Raaviyah, Masekhet Berakhot, vol. 1, no 77, quoted at the bottom of p. 7.

12. Mordekhai, Berakhot, chapter Mi sheMeito, 247:80

13. Shulhan Arukh E.H. 21:1

14. Shulhan Arukh E.H. 21:1

15. Shulhan Arukh O.H. 75:3

16. Beit Yosef O.H. 75

17. Rashbah Berakhot 241

18. In the interest of objectivity, it should be pointed out that the Rif overlooks the subject entirely. see the full text of the Talmudic passage: Kiddushin 70a .According to Magen Avraham, it seems that the only prohibition is regarding a married woman, and not a single woman who he may marry. See also Tzitz Eliezer 7:28; and Yabia Omer 1, O.H. 6

19. Magen Avraham, O.H. 75:6

20. Yam Shel Shelomo, Kiddushin, chapter 4, no. 4

21. Sotah 48a

22. Rosh Hashanah 27a

23. From a letter sent to Rabbi Avraham David Horowitz, cited in Seridei Esh, 1:121, p. 394

24 Tur, Even haEzer, no. 21. Rambam, Issurei Biah, 21:2

25. Beit Yosef, O.H. 75..

26. Sedei Hemed, section Kof, kelal 42 (vol. 5, p. 282)

27. The full text of the letter can be found in Seridei Esh, vol. 1, no. 121, p. 394.

28. Raaviyah 1, Berakhot no. 76; Mordekhai on Berakhot 247:80

29. Sefer Hasidim, no. 614

Growing Gender Issues within the Orthodox Community: A Psychohistorical Perspective

Development of Formal Jewish Education for Women in the Orthodox Community The issues surrounding the education and status of women have been universal over time and cultures. As late as 1868, the English parliament was debating whether women could own property. One of its statesmen announced the following, which was picked up by The London Times, “giving women the right to own property will destroy marriages and society as we know it” (Munday, 2012). This issue, incidentally, was resolved by the Torah thousands of years ago in the divine decision relayed by Moses to the five daughters of Zelophehad, giving them the right to own land (Num. 27:1–11). But the defining issue today for Orthodox women are the problems caused by their rise to the top of the educational ladder in both secular and religious studies. Their rise in status, by virtue of their professional achievements in the secular world, is well known. What is not as well known are their professional achievements in the religious world. In the last century, formalized Torah education for women began with the Bais Yaakov movement founded by Sarah Schnirer (1883–1935). This pioneer Jewish educator from Krakow, Poland felt the need to establish a structured school system for girls, which opened there in 1918 with 25 students. It later spread throughout Poland with a complete curriculum of Hebrew and secular studies. Of special interest was the formidable religious studies curriculum, which consisted of Tanakh (Bible) with commentaries, explanations of the liturgy, Dinim (laws), Jewish history, Hebrew language, Yiddish, and Jewish ethics and values. A teachers’ seminary sprang up later to train future women educators (M.M. Brayer, 1986, pp. 122–125). In America, the Bais Yaakov movement began in the Williamsburg section of New York City in 1937, when it came under the umbrella of the Agudath Israel movement and has since grown considerably throughout the country. An early supporter of Sarah Schnirer was the world-famous sage, Chofetz Chaim (1838–1932), who gave a pragmatic reason for the need to establish the Bais Yaakov schools: Formerly a woman lived in her father’s home and was ensconced in Jewish tradition and followed the halakhot she observed there. In this home-oriented society there seemed to be no necessity of teaching a woman Torah; but in our mobile society, where women are no longer confined to the home and secular education is open to them, one should teach them Torah to prevent them from leaving Judaism and forgetting their traditional values. (M.M. Brayer, 1986, p. 129) If this was true of the Chofetz Chaim’s generation in Europe, how much more so is it necessary in twenty-first century America, where assimilation and intermarriage are at an all-time high. This legacy of Torah scholarship for women that took root during that era has flowered into the advanced level of scholarship we witness today in America and Israel. Although there have always been exceptional women who had higher education, they were relatively few. Beruriah, wife of R. Meir (second century C.E.), Yalta, wife of R. Nahman bar Yaakov (fourth century C.E.), and the daughters of Rashi (eleventh century C.E .) are noteworthy examples (M.M. Brayer, 1986, pp. 156–160). Each came from prominent rabbinical families and their arranged marriages with leading rabbinical figures of their respective generations helped cement their deserved reputations. The story of Beruriah, in particular, is worthy of special mention. Her vast knowledge, character, and scholarly reputation rivaled that of her husband Rabbi Meir. She took issue with the talmudic statement that women are literally “simple-minded” (Da’atan Kalot) or better said “emotionally fragile.” Her husband insisted that this statement was true. To prove his point, Rabbi Meir resorted to unbefitting actions that ultimately led to her death (Rashi, Avodah Zara18b). Although circumstances today are far more favorable for learned women, there nevertheless remains a deep-seated resistance to granting them a greater voice in religious affairs, as evidenced by the increased efforts to divide and separate the genders. Never in our history have there been so many highly learned Orthodox women in the scholarly text-based realm of Torah, Talmud, and halakha. In Israel we have an abundance of scholarly professional Orthodox women, heretofore unheard of in Jewish tradition: To’anot, professional women (advocates) who help in dealing with halakhic matters of divorce; Dayanot/Yo’atzot (Judges/Advisors) who make halakhic decisions on women’s issues relating to family purity; Menahalot (Directors) of women’s teacher seminaries such as Michlalah, Machon Gold, and so forth; and Women’s yeshivot (academies) such as Matan, Migdal Oz, and so forth. This virtual explosion of higher learning inevitably seeks an outlet in communal leadership in more proactive ways. As a result, we now find Orthodox women serving on community religious councils in Israel, a venue previously reserved only for men. In a recent column published in The Jerusalem Post (June, 2012, pp. 22–28) Rabbi Shlomo Riskin wrote, “Women’s greater involvement in Torah learning and teaching will produce different dimensions to the quality of Torah which is emerging.” Rabbi Riskin also reported, in an interview he had with the late Lubavitcher Rebbe, in which the Rebbe stated that “the greatest challenge facing Orthodox Jewry is the position of women in society and our halakhic response to a newly found acceptance of female equality within Western culture.” The Rebbe’s observation is indicative of one of the prime motivating factors behind this unprecedented growth. It is the rise of the Feminist Movement that began in the 1960s and that has propelled women’s issues to the forefront of Western culture. Under the leadership of Betty Friedan, Gloria Steinem, Bella Abzug, and other outspoken American Jewish feminists, this movement has impacted Modern Orthodox women’s thinking as well. A number of Orthodox women led by Blu Greenberg established the Jewish Orthodox Feminist Alliance (JOFA), which challenges traditional views about women’s participation in Jewish life cycle events and in religious services. In its wake came the emergence of separate Women’s Prayer Groups, which began to appear in larger Jewish communities around the country. These services gave well-educated Orthodox women an opportunity to practice their skills and to assume leadership positions in conducting their own services, hitherto only open to their male counterparts. Subsequently, other Orthodox women’s organizations and adult schools began to emerge. The formation of the American women’s adult school Drisha occurred in 1979, which as its Hebrew name indicates, involves inquiry into fairly advanced Hebrew religious texts. These new female-driven developments both here and in Israel pose a threat to the traditional hegemony of male Orthodox leadership. They are coming at a time when the American Orthodox rabbinate is also undergoing increased growth in numbers and influence. We therefore now turn our attention to tracking this Orthodox rabbinical growth pattern, and how it interfaces with the changes in status experienced by Orthodox women discussed above. The Growing Empowerment of the Orthodox Rabbinate In the pre-Holocaust era, “parish” rabbis served the religious needs of American Jewry, serving in communities large and small scattered throughout the length and breadth of this great country. These local Orthodox rabbis were the posekim (decisors) of Jewish law as it applied primarily to ritual questions relating to prayer services, holiday observances, kashruth, marriage and divorce, and death and burial. Their influence in addressing broader social, economic, and political issues was quite limited. The role of the rabbi was more insular, as he was tied to the religious needs of the local community. This is in stark contrast to the role of the Hassidic rebbe, who is viewed as a personal family mentor in all facets of life both secular and religious. The Hassidim were at that time a small minority within the Orthodox fold. After World War II this picture began to change dramatically. Orthodox communities gravitated to cities with large concentrations of Jews— Chicago, Baltimore, Philadelphia, New York, Los Angeles, and so forth. This movement was in no small measure a response to growing assimilation of American Jewry, especially in smaller far-flung communities. To counter this wave of assimilation, the Orthodox communities began to build Jewish Day Schools, which gained momentum in the 1940s. This centralization of Orthodox Jewry together with improved communication via the media allowed the Orthodox rabbinate to exert a wider sphere of influence on a national scale, especially in kashruth (kosher dietary) matters (for example, the Orthodox Union, and in Day School education—Torah uMesorah). Strong centralized rabbinic leadership represented greater security and safety not only in combating assimilation and intermarriage, but also in developing an intensive expanding educational system that would produce future Orthodox scholars and lay leaders. As a result, rabbinic bodies became stronger, larger, and more powerful in the lives of their constituents. Although numerically much smaller than the Conservative and Reform movements, the Orthodox are now the fastest growing of the four American religious denominations. In a recent population study The New York Times reported that of the 1.1 million Jews living in New York City, over 40 percent are Orthodox, a rise from 33 percent in 2002, a decade earlier, and that 74 percent of all Jewish children in the city are Orthodox (UJA Federation of New York, 2010). Considering that its ally is the powerful Orthodox rabbinic establishment of the State of Israel (which did not exist in the pre-Holocaust era), Orthodoxy has become a formidable presence today in the world Jewry. This population increase is due not only to the increased birth rate among Orthodox Jews, especially among the Hassidim, but also to the growing numbers of ba’alei teshuvah, disaffected young Jews seeking a more intensive expression of their Jewishness. There is a growing number of Orthodox outreach organizations and yeshivot. Internal Issues within Orthodoxy The challenge for expanding Orthodoxy is no longer external, survival in secular America, but internal, containing and bridging the widening divergence of ideology and practice within its ranks. On the left are the more liberal Modern Orthodox, and on the right are the proliferating Hareidi Orthodox. This ideological divide centers on their respective responses to modernity and to their attitudes toward the surrounding secular environment. Within this attitudinal diversity, there is a perceptible “sliding to the right” (S.C. Heilman, 2006) within centrist Orthodox ranks. As for the role of the local centrist rabbi, he is seen more and more assuming the image of a “rebbe.” The Hassidic rebbe, by virtue of his exalted position, enjoys a special personal relationship with his Hassidim. This translates into the centrist rabbi now becoming more involved in many life issues of his congregants that previously were not part of his job description and for which he was not trained. He is now called upon as a consultant on business financial matters, occupational choices, personal family issues, parenting, sexual abuse, and the sundry societal problems afflicting our youth. Since clergy are often viewed unconsciously as parental figures, the new role of the rabbi as “super parent” induces their congregants to become more “childlike” in this relationship, which means less autonomy and more dependence. This slide to the right is not only apparent in the increasing empowerment of the rabbi, but more so in the intense impact Day School and yeshiva rebbes have in relationship to their students. As a result of their more right-wing education, this generation of students has become very visible today in the Orthodox community. One needs but visit a centrist Orthodox synagogue to observe a conformist trend, where the growing number of young men are garbed in their popular wide-brimmed black hats, black suits, and white shirts. This has come about because they attend Day Schools and yeshivot where the rebbes are recruited from the large pool of candidates available among the Hareidi Orthodox. These students comprise the future leadership of their respective congregations, which are moving in the same right wing direction in which their yeshiva rebbes were educated. This direction embodies a more insular approach to Judaism than that which was experienced by their parents. This rebbe-talmid (teacher-student) model is similar to that of the rebbe-Hassid relationship reflecting a more exclusionist outlook toward Jewish and secular life. Into this more insular social and religious milieu, we now find the learned accomplished Orthodox woman seeking greater acceptance and participation in what were previously traditional male roles. The Psychology of Groupthink To understand the underlying tension between these two movements: aspiring highly educated Orthodox women and the right-leaning Orthodox leadership, we need to examine group psychodynamics in their way of thinking as well as in action. In so doing we can better anticipate what lies ahead between these two contending groups. We are taught in Pirke Avot (4:1), “who is wise, one who learns from everyone.” Whereas Sigmund Freud is viewed as hostile to religion, his psychological insights into the workings of groups termed “groupthink” can nevertheless be instructive in analyzing our subject. One of people’s most basic needs is to belong. As a result, people will attach themselves to one or more persons. They receive satisfaction from belonging and being part of the group. The human tendency pushes us to connection with and acceptance by others. One of the difficulties that people anticipate is the fear of loss of love from others in the group. People will, therefore, conform to the group ethos at all costs. As Freud puts it, An individual forming part of a group acquires solely from numeric considerations, a sentiment of invincible power which allows him to yield to instincts, which had he been alone he would perforce had kept under restraint…We know today that by various processes an individual may be brought into such a condition that having entirely lost his conscious personality he obeys the suggestions of the operator (leader) and commits acts in utter contradiction to his character and habits. (Freud. Vol. 18, pp. 67f) Freud argues that there is a contagion of affect in groups. This is best demonstrated at organized sports games, where the enthusiasm and identification with the winner is seen in clothing identifying with the team and other external signs. This enthusiasm and affect help keep the group cohesive. The downside of this is that group thinking predominates and critical thinking is suspended. This allows the leadership to deliver an edict and there is no questioning or critical thinking regarding something that as individuals may not be acceptable. The power of the leader and the group as a whole is strong enough that to experience being excluded from the group is viewed as punishment and inclusion as reward. Freud lists the army and the church as prime examples of this theory. How do these Freudian insights help illuminate the sources of tension building up in the Orthodox community over the changing status of women? They help explain the psychological causes behind this mentality of “groupthink,” and how this in turn fosters greater conformity, dependency, and compliance with the leaders’ views. These traits of conformity, compliance, and dependence may not be discerned at first. Over time, however, in order to feel accepted by the religious community the person eventually “falls in line.” Dissent and individualism place one on the fringe of the group at best, and rejected at worst. In Freudian terminology, the leader’s demands bypass the person’s superego, i.e. conscience, in the interest of group unity. Groupthink has enabled rabbinic bodies to issue various edicts or humrot (restrictions) designed to further separate the sexes not only at religious services and functions, but also at organizational dinners, lectures, and social functions. The separation of the sexes at religious services has always been the Orthodox model. However, these new humrot exceed normative Orthodox practice that existed in pre-Holocaust America. It may be argued that they are even more stringent than what was observed in most Orthodox communities in pre-Holocaust Europe. This groupthink, however, is regressive because it takes well-educated Orthodox adults and puts them into a childlike role of accepting the arbitrary paternalistic authority represented by Orthodox leadership. The success of these efforts in groupthink finds some Orthodox women not only complying with these segregationist measures, but also abetting them by censuring those individualist women who may think and act differently. In a recent gathering (Asifah) of thousands of Orthodox men concerning issues relating to the use of the Internet, an interviewer asked several men why they were there. They answered in kind, “We cannot seem to control ourselves, so we came to get the rabbi’s guidance to help control our behavior.” This is another example of groupthink, where one’s behavior is controlled by the leader, rather than determined by one’s own free will. Noted psychoanalyst, Eric Fromm, in his discussion of humanistic versus authoritarian ethics provides another psychological source bearing on our subject. In analyzing the concept of authority, he distinguishes between rational and irrational authority. In speaking of the empowerment of the Orthodox leadership, to what kind of authority are we referring, rational or irrational? According to Fromm, irrational authority always seeks power over people, which can either be physical or mental. It is built upon fear because criticism of the authority figure is forbidden. Rational authority, on the other hand, is based on equality of both authority and subject, who differ only in the degree of knowledge and skill in a particular field. Authority on rational grounds is not intimidating and does not call for irrational awe. Rational authority not only permits but also requires constant scrutiny of those subjected to it (E. Fromm, 1942). Rational authority in our case, would allow for Orthodox leadership to adjust to the changing status of women rather than distancing and dividing them from the rest of the community. There is no need for a display of power and control by issuing arbitrary edicts such as we see in the following cases. A number of years ago a Lashon haRa (gossip) campaign targeting women swept the Orthodox community. The women were given stickers to affix to their phones reminding them not to use this means for speaking Lashon haRa. Men apparently are not suspected of violating this restriction! Another campaign directed toward women is the importance of observing higher standards of tseniyut (modesty). It is argued that some of the moral failings of Orthodox men are caused by women’s lack of tseniyut observance. A recent event occurred that illustrates the “progress” of this trend of regressive actions toward women. In 2012, in a large Orthodox community a number of unfortunate events occurred, such as severe accidents, premature illnesses, and sudden deaths. In response to these events a community meeting was called for women with the expectation that it would emphasize the reciting of Tehillim. Several inspirational speakers were invited who would offer comfort to a shaken community. The first male speaker declared that these unfortunate events occurred because women had not adhered sufficiently to the Orthodox tseniyut dress code. The solution presented was for women to become more aware of appropriate modesty, which would help prevent further disasters. A female speaker then offered a more “creative” solution. Each woman upon leaving the meeting was advised to go home and search for a garment that is not tseniyut and discard it. Though it may appear comical to believe that the unfortunate events and the solutions offered had any logic, it certainly demonstrates the psychology and power of groupthink. It also betrays an unconscious fear of the perceived power of women. It shows a tendency to concern oneself with externals such as what we wear, rather than to search internally for ethical and moral failings that apply to both men and women. A number of years ago, I attended an international conference for Orthodox mental health professionals. The theme of a major seminar was “What is happening to Orthodox youth once they attend college?” The two main speakers were very experienced Orthodox professionals. One was the Hillel director of an Ivy League College. The other was the female director (PhD) of an accredited Orthodox women’s college. Each related stories of students who had completed 12 years of Day School education prior to their admission to college. The male director bemoaned the fact that a number of Orthodox students had “forgotten” to bring their tefillin with them to college, did not attend the minyan, and were even seen eating at McDonald’s. He also reported questioning students about a hypothetical case involving cheating on a final exam. Of the religious denominations he questioned, the Orthodox students scored lowest in ethical behavior. The female director of the Orthodox women’s college then spoke about her interviews with Day School graduates applying for admission. Many reported negatively about their previous seminary and Day School experiences, specifically citing their frustrations when asking challenging religious questions. Some complained that teachers were more concerned with externals such as the length of their skirts and the color of their shoes than with their inner spiritual growth. At this point many of the women in the audience spontaneously arose and applauded enthusiastically because they felt, for the first time, someone had validated their own personal experiences. Although these reports were difficult to hear, one would have expected that mental health professionals and clergy in attendance would have taken this as a “wake-up call” to look for ways of addressing these issues. Much to my surprise, the following morning the woman speaker received a verbal reprimand by the conference authorities for her views, unlike the male speaker whose observations on Day School education were even more damaging. Ironically, the next day’s speaker, a rabbi of note, reported about his recent trip to Israel, where he had rushed to prevent his daughter’s expulsion from a seminary for asking too many challenging questions relating to faith. It was disturbing to observe the disproportionate anger directed at the female director, instead of addressing the underlying issue, which is the failure of Day School students to internalize Orthodox religious values. The Day Schools are very successful in teaching texts and rituals to those who remain within the protective environment of the system. However, after they graduate and move on to college, it is apparent that many have not mastered the internal religious discipline needed to adjust to a challenging, secular environment. The discriminatory reaction of the establishment in this episode is further evidence of the growing tension of these two parallel movements, that is, the changing status of women and the implied threat to male leadership. The question persists, how is it, at a time when the status of Orthodox women has risen to unprecedented heights in both secular and religious life that we are witnessing these new regressive actions? As in the previous discussion based on group psychodynamics, here too we may profit from viewing the problem from a psychological perspective. Traditionally, Orthodox leadership was male-dominated primarily because men were the most educated. They therefore are experiencing the change of status of Orthodox women today as a narcissistic injury because they experience it as taking away from, or interfering with their identity as religious leaders. This destabilizing effect upon Orthodox leadership is felt on both a personal and communal level. The male experiences the change in women’s status as an attack on his sense of self and identity. To redress this narcissistic injury requires an immediate response in order to reestablish his sense of value, self-esteem, and equilibrium. The way to do this is apparently to return the status of both men and women to an earlier time and space. Given the growing empowerment of the new rebbe-model in Orthodox life sustained by the groupthink mentality of the laity, these newly instituted edicts represent attempts to redress perceived rabbinical power losses caused by the rise of women’s stature in religious life as will be illustrated in the following timeline chart. These restrictions are not merely random symptoms of a “sliding to the right,” but their chronological and psychological pattern betrays a reactionary policy undeserved by our accomplished women. The following is a partial chronological list of Orthodox women’s professional/educational accomplishments since the 1970s. Timeline of the Rise of Orthodox Women’s Stature in Educational/Religious Life 1970s • Earlier graduates of Orthodox women’s colleges and teacher seminaries, such as Stern College in New York and Machon Gold and Michlalah in Israel, assume positions in Jewish life in America and in Israel. 1976 • Midreshet Lindenbaum, women’s Talmud study movement in Israel (originally Michlelet Bruria founded by Rabbi Chaim Brovender) 1979 • Establishment of Drisha Institute in New York • Establishment of Matan women’s yeshiva in Jerusalem 1980s • Increased Bat Mitzah celebrations for Orthodox girls • Introduction of separate women’s Orthodox prayer groups 1986 • Eshel-Sephardic School for Orthodox Women established in Israel • Midreshet Ein Hanatziv, an Orthodox Women’s college, established by Kibbutz Hadati 1988 • Women begin serving on Israeli Religious Councils. 1990s • Rabbi S. Riskin of Ohr Torah Stone spearheads movement to establish a school for To’anot (female rabbinical advocates) dealing with women’s halakhic issues 1997 • Nishmat, Torah study center for women begins to train Yo’atzot (female halakhic advisors) regarding Niddah (laws of Jewish family purity) • Beginning of J.O.F.A. (Jewish Orthodox Feminist Alliance) in America • Migdal Oz, a women’s Bet Midrash, established in Israel 1998 • Machon L’Parnasah – Orthodox women’s college established by Touro College in New York 2009 • Sara Hurwitz receives ordination from Rabbi Avi Weiss of Hebrew Institute of Riverdale New York as a “Maharat” • Rabbi Weiss opens Yeshivat Maharat in New York The following is a partial list of various edicts/restrictions enacted by some of the male Orthodox leadership targeting women from 1970s to the present. Whereas these may not reflect the views of many centrist Orthodox rabbis, they are included because the general rightward drift of the Orthodox movement. Measures Taken by Orthodox Leadership to Distance/Separate Men and Women • Greater pressure on women to observe more strictly the laws of tseniyut, with less pressure on males to exert self-control • Introduction of separate seating for Orthodox women at non-religious functions, such as congregational banquets, lectures, and social events • More and more congregational/organizational shiurim (classes) designed separately for men and women • Mehitzot increasingly being erected on the dance floor at weddings to separate men and women • Kiddush celebrations following services increasingly being separated for men and women • National Orthodox organizations press for the closing of separate Orthodox women’s prayer groups because “it divides the family.” (See 1980s on women’s list) • After the first graduating class of To’anot, Israeli rabbinate protested that women are entering an exclusive male space. The following year the To’anot exam was made unusually difficult to prevent further women graduates from entering the field. The Israeli Civil High Court of Justice condemned the rabbinate’s exclusionary policy (see 1990s in women’s list) • National Orthodox rabbinic organizations protest granting of Semikha (ordination) to women and censure Rabbi Avi Weiss for his actions (see 2009 in Women’s list). The following extreme measures are characteristic of some Hareidi communities both in America and Israel. • Signs warning women to observe strictly the laws of tseniyut • Separate entrances for men and women entering into Orthodox buildings • Separate entrances for men and women entering private homes hosting a public celebration or religious simha • Separate shopping hours for men and women in certain upstate New York stores • Separate sidewalks for men and women • Women instructed to sit in the back of public buses in certain neighborhoods in New York and Israel • Male relatives, includeing fathers and grandfathers, are not invited to attend graduations, plays, and even Siddur presentations (1st grade) in certain girl’s schools. Conclusion The beauty of halakha is its adaptability to meet the changing needs of the Jewish people. In less than a century since the advent of formal Jewish education for girls via the Bais Yaakov movement in the beginning of the twentieth century, education for Orthodox Jewish girls and women has reached unprecedented heights in quantity and quality. Orthodox women have established a vast network of schools of higher learning and organizations to sustain this movement. They have reached a stage where they are seeking opportunities for greater positions of leadership, within the framework of halakha that befits their newly won status in Orthodox life. Their motivation is generated by a sincere need to express their deep commitment to God and to religious life. There are enough examples to show where halakha, in the past, has been sensitive to the special needs of women and has adapted accordingly (M.M. Brayer, 1986, p. 152). Moreover, as early as the eleventh century, Jewish women in Franco-Germany demanded the privilege to perform mitzvoth (religious commandments) from which they are exempt if they choose to do so on their own, and Rabbi Yitzhak Halevi (one of Rashi’s teachers) permitted them to do so (Siddur Rashi, 1912, p. 127). However, we are currently seeing in Orthodox leadership a regressive divisive tendency via various edicts that further separate women from their families and from normal social interactions. Although one may consider the occurrence of these new restrictions as mere coincidence, their timing precisely during the decades of women’s greatest achievement in attaining professional leadership positions in the religious community, draws one to the inescapable conclusion that a causal relationship exists between women’s actions and establishment’s reactions. This is causing a growing internal division within an otherwise expanding successful movement. This division arises more from human frailty, than from purely religious considerations. They derive from fear of loss of power in religio-political terms or from feelings of narcissistic injury in psychological terms. This perceived loss could be overcome if we but learn to accept and even embrace this rise in women’s stature in a spirit of greater unity. In so doing our Orthodox leadership can find the creative means to do this within the framework of halakha. Bibliography Brayer, Menachem, M, The Jewish Woman in Rabbinic Literature (Hoboken, NJ: KTAV Publishing House, 1986). Freud, Sigmund, “Group Psychology and the analysis of the ego.” The Standard Edition of the Complete Psychological Works of S. Freud, vol. 18 (London, England: Hogarth Press, 1955), 67–134. Fromm, Eric, Man for Himself, An Inquiry into the Psychology of Ethics (New York: Holt, Reinhardt and Winston, 1942). Georgeson, John G., and Monica J. 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