National Scholar Updates

My remarks are dedicated to my paternal cousin, Shlomo Guttman and to my wife’s paternal uncle, David Teitlebaum, who both fell in Milchemet HaShichrur. May their memories be for a blessing.

I would also like to thank Dr Jeffrey Gurock, professor of American-Jewish history at YU for his leads and encouragement in my research.

This presentation will focus on two Americans, who each had a significant role in the establishment of the State of Israel. David (Mickey) Marcus served as a military advisor to David Ben-Gurion, Israel’s first prime minister. He was given the title of aluf, the first Jewish general since Yehoshua ben Nun. Charles (Charlie) Winters, a Protestant, who sold two cargo planes to Palestinians, i.e. Israeli agents and flew one of them from the U.S. to Czechoslovakia, where they were turned into fighter planes before flying on to Palestine. His activities in helping the fledgling state first received wide notoriety when President George W Bush issued a posthumous pardon in his name. Without the assistance of Marcus and Winters, along with many, many other Americans, it is doubtful that Israel would have emerged victorious from its War of Independence

I remember always being interested in the subject of how Americans, both Jewish and others assisted Israel in its War of Independence. As a teenager and in later years, I would see references to gun smuggling operations associated with the gangster, Meyer Lansky and how Paul O’Dwyer, a lawyer, who would become the president of the NYC Council, would defend some of those who had been arrested for such activities. In addition, there was MACHAL (mitnadvei chutz la’aretz or volunteers from abroad), for which approximately 5,000 volunteers from abroad came to help defend the future Jewish state.

However, at the time I never came across any comprehensive account of the activities of the above. It was only when I began to research this area that I found out why. What was being done in the case of sending war material was outright illegal under U.S. Federal law at the time and what American MACHAL volunteers had to consider was the potential loss of U.S. citizenship. This however, did not deter the approximately 1,500 U.S, volunteers, many of whom were WWII vets who did go to fight and played a crucial role in Israel’s winning the war.

David Marcus was born on New York’s Lower East Side in 1902 and was accepted at West Point in 1920, graduating four years later. He left service in 1927, earning a law degree and working in the U.S. Attorney General’s office and later under NY’s Mayor Fiorello LaGuardia in the department of corrections, where he was appointed to Commissioner of Corrections in 1940. However, with the outbreak of WWII, Marcus re-enlisted in the army as a lieutenant colonel, with duties as a division judge advocate. Later he was commandant of the army’s ranger school in Hawaii. Marcus parachuted into Normandy, France on D-Day, June 6, 1944, which was the major allied offensive of the war, and essentially marked the beginning of the end of the Third Reich. In 1947, Marcus left service with the rank of colonel, having been awarded a number of U.S. and British decorations.

Shortly after November 29, 1947, when the United Nations voted to partition Palestine, dividing it into Arab and Jewish states, the Haganah sent Shlomo Shamir to recruit high-ranking U.S military officers and technical experts in order to create a modern army for what would become the State of Israel. Shamir contacted Marcus, who began to look for such individuals. To his chagrin, he found none were willing to go, citing the need for assurances that their military status, citizenship or careers would not suffer as a result. This led Marcus to conclude, ‘I may not be the best man for the job, but I’m the only one willing to go.’

The Haganah was in no way prepared to fight the type of war it would be confronted with once Israeli statehood was declared. Aside from lacking sufficient arms for its troops, it also did not possess the organizational structure required to be successful in such an endeavor. Most of its leadership was composed of veterans of the Jewish Brigade, who did not have any training in large-scale operations. Therefore, before going to Palestine, Marcus memorized information from U.S. Army training manuals. While this material was not classified, it would not pass the scrutiny of British customs when he arrived at Lod. In addition, to avoid causing a diplomatic flap between the U.S. and its British ally, Marcus travelled incognito, under the alias of Michael Stone.

Unfortunately, David Marcus was killed by ‘friendly fire’, when he did not respond to a sentry, who addressed him in Ivrit, asking for the password. Aluf Marcus’ remains were returned to the United States and interred in the cemetery at West Point. The only American soldier buried at the military academy who died while in defense of another country.

On December 23, 2008, The New York Times ran the following headline: ‘Jailed for Aiding Israel, but Pardoned by Bush’. The article went on to describe the circumstances under which the 43d President of the United States took this step. What made this action unique is that it is only the second time that a presidential pardon has been issued posthumously. The pardon was issued on behalf of Charlie Winters, who was involved with the smuggling of three B-17 bombers to Palestine on behalf of the Haganah. At the time, this was in violation of the United States Neutrality Act along with an embargo on weapons to what was to become the Jewish state.

At this point, I’d like to give some background information that will help you understand what was going on in this country, right after WWII. The United States had been at war for four years and had converted its industrial complex to the making of materials for that purpose. Now with the end of hostilities, all these manufacturing facilities needed to be switched back for peacetime use. In addition, companies had huge inventories of war goods that they had no use for and began selling them at greatly reduced prices to anyone who could show the requisite paperwork and pay for them.
Realizing that, agents from Palestine (remember this is before the State of Israel came into being) came to the U.S. and recruited American Jews to assist them in this endeavor along with a number of other operations in preparation for what everyone knew would be a war, once the Jewish state was declared.

Charles (Charlie) Winters was born in Brookline, MA on February 10, 1923. He was the son of Scotch-Canadian and Irish parents, and at a young age contracted polio, which left him with a limp. This impediment prevented his performing military service and instead he worked for the government as a purchasing agent.

After the war, Winters went into the produce export business, buying two decommissioned B-17 bombers, which were converted to cargo planes and planned to use them in transporting fruits around the Caribbean. At that time he was living in Miami, FL. This plan was not working as he had hoped, so when his friend of his, Al Schwimmer, who was a flight engineer for TWA and also assisting the Haganah in obtaining war planes, asked Winters if he would be willing to sell the planes and ‘consider guiding them to somewhere in Europe’, Winters told Schwimmer that he would think it over.

In the end not only did Winters sell the planes to Schwimmer, he also flew one of them, with another pilot in the second plane Taking off from Miami, with a third B-17 that had been purchased in Oklahoma, the aircraft refueled in Puerto Rico, as if completing a normal shipping route and headed for Palestine by way of the Azores and Czechoslovakia. The Czech government was perfectly willing to provide landing facilities along with armaments for a price. These three planes, which were retrofitted to warplanes, constituted the only heavy bombers that the Israeli Air Force had during the war, but were reportedly essential in turning the tide of the war in Israel’s favor. In his diary on July 16, 1948, David Ben-Gurion, the Israeli Prime Minister noted their arrival in Israel and that they had already been used on several bombing runs in Egypt. They became the 69th Squadron Bombing Group of the Israeli Air Force, known as ‘the hammers’.

For his part in this enterprise, Charlie Winters, along with Al Schwimmer and several others were arrested, tried and convicted in U.S. Federal Court in Miami in January, 1949. While his co-defendants were not given prison sentences, on February 4, 1949, Winters was sentenced to 36 months in a federal penitentiary along with having to pay a $2,500 fine. This was due to his being found in violation on two counts of Title 18, section 88 and Title 22, section 452 of the U.S. Code. These citations deal with ‘conspiracy to export implementations of war’. Winters ended up serving 18 months of his sentence before being released. As a result of his sentence, he became the only American to go to prison for helping Israel!

When I originally began the research for this presentation, I contacted the federal archives in Atlanta, GA to see if they had a transcript of Charlie Winters’ trial. Unfortunately, they did not. However, they were able to supply me with court documents related to the trial, which gave me a sense of what went on in the courtroom. For example, initially Winters pleaded ‘not guilty’ to the charges against him. Then for some reason he changed his plea to ‘guilty’. While I didn’t see anything to explain this change, maybe some kind of deal was in the works. If that was the case, apparently it didn’t work out as subsequently Winters’ tried to change his plea back to not ‘guilty’, but the judge would not allow it.

Another bit of information that I received from these same papers and other sources is that just prior to Winters’ and his co-defendants being put on trial, there was a similar case in California, in which the defendants, although found guilty, did not do any jail time, having to pay a fine of $10,000 each. ‘unnamed friends of Israel’ provided the money for this. Perhaps these individuals also paid Winters’ fine as I was not able to find any information on this. After being released, Winters established a small export business in Miami.

At the time of his death on October 30, 1984,Winters had told his current wife, Joan about this incident. His two children from this marriage, Lisa and James along with Charles Todd and Charles Jr. from a prior one were totally unaware of their father’s activities in support of Israel. However, there were clues. According to his son, James, as a teenager his father refused to let him go hunting with his friends. This was because as a result of his criminal record, the senior Winters was not allowed to purchase weapons or keep them at home. The real tip off came at Winters’ funeral, when James found the setting decorated with blue and white flowers, Israel’s national colors along with Israeli officials in attendance. Afterwards, Israel flew Joan Winters to their country, where some of his ashes were interred at the Templars Cemetery in Jerusalem and the remainder spread over Har Tavor, located in Emek Yazreal, near Haifa.

Bibliography

Encyclopedia Judaica, vol. 11, pgs 722-3 and 945-6, Keter Publishing House, Jerusalem Ltd. 1972.

“Jailed for Aiding Israel in ’48, But Pardoned by Bush in ’08”, New York Times, December 24, 2008, pg. 1.

Medoff, Rafael. Militant Zionism in America: The Rise and Impact of the Jabotinsky Movement in the United States, 1926-1948. The University of Alabama Press, 2002.

Newspaper clippings, undated; MACHAL[Mitnadvei Hutz LaAretz] and Aliyah Bet Records; I-501; 16; 39; American Jewish Historical Society, Boston, MA and New York, NY.

Porath, Zipporah, Col. David (Mickey) Marcus, ‘A Soldier for All Humanity’. American Veterans of Israel Legacy Corp. 2010.

Slater, Leonard, The Pledge. Simon and Schuster: NY, 1970.

Weiss, Jeffrey and Weiss, Craig, I Am My Brother’s Keeper. Schiffer Military History, Atglen, PA, 1998.

Wikipedia.org/wiki/Charles_Winters

At around the time that the State of Israel was being recognized by the United Nations, the Chief Rabbis of Israel wrote a letter in Arabic to the Arab world. The Sephardic Chief Rabbi Benzion Uziel, who was fluent in Arabic, likely wrote this letter that was signed by him and the Ashkenazic Chief Rabbi Yitzchak Herzog.

Although so many years have passed since the formal establishment of the State of Israel in 1948, the message of peace conveyed in this letter has largely been eclipsed by the ongoing hostilities and warfare.

Yom Ha'Atsma'ut, Israel Independence day, is observed this year on Wednesday night April 22 and Thursday April 23. It's worthwhile to review the words of Rabbis Uziel and Herzog, and pray that the message of peace will prevail...sooner rather than later.

21 Kislev, 5708
"A Call to the Leaders of Islam for Peace and Brotherhood."

To the Heads of The Islamic Religion in the Land of Israel and throughout
the Arab lands near and far, Shalom U'Vracha:

Brothers, at this hour, as the Jewish people have returned to its land and
state, per the word of God and the prophets in the Holy Scriptures, and in
accordance with the decision of the United Nations, we approach you in peace
and brotherhood, in the name of God's Torah and the Holy Scriptures, and we
say to you:

Please remember the peaceful and friendly relations that existed between us
when we lived together in Arab lands and under Islamic Rulers during the
Golden Age, when together we developed brilliant intellectual insights of
wisdom and science for all of humanity's benefit. Please remember the sacred
words of the prophet Malachi, who said: "Have we not all one Father? Did not
one God create us? Why do we break faith with one another, profaning the
covenant of our ancestors?" (Malachi 2:10).

We were brothers, and we shall once again be brothers, working together in
cordial and neighborly relations in this Holy Land, so that we will build it
and make it flourish, for the benefit of all of its inhabitants, without
discrimination against anyone. We shall do so in faithful and calm
collaboration, so that we may all merit God's blessing on His land, from
which there shall radiate the light of peace to the entire world.

Signed,
Ben-Zion Meir Hai Uziel
Yitschak Isaac Ha-Levi Herzog

March, 2015 To our members and friends, Our ongoing programs for the Institute continue full throttle, including several great recent highlights.

On Sunday, February 22, I organized a symposium, “From the Academy to the Religious Community: How we can gain religious insight from academic Jewish Studies.” Over seventy people attended at Congregation Kehilath Jeshurun in Manhattan.

We enjoyed three talks: • Dr. Chaviva Levin: “What Medieval Jewish Apostates Can Teach Us about the Mitzvah of Ahavat HaGer” (loving the convert) • Rabbi Hayyim Angel: “Afterlife in Jewish Thought: The Evolution of an Idea and Implications for Religious Life Today” • Rabbi Dr. Jeremy Wieder: “Berlin in Volozhin? The Relevance of Academic Talmud to the Denizens of the Beit Midrash” Rabbi Wieder’s and my talks are available online at our website, http://www.jewishideas.org//online-learning. This is an exciting new development in the growth of our programming, and look forward to organizing future symposia with leading rabbis and scholars on relevant issues so that we can learn and build bridges in our broader community. Stay tuned!

Here are some upcoming programs for March and April: Kehilath Jeshurun (114 East 85th Street, between Park and Lexington Avenue in Manhattan): My next two Shabbatot as part of a monthly Rabbinic Scholar program will be a sermon on the morning of Shabbat March 7 at the Sephardic minyan (services begin at 9:00am), the afternoon class (4:25 pm) on “The Golden Calf: Terrible Sin, Great Learning Methodology,” and a se’udah shelishit talk after minhah on “Orthodoxy and Archaeology: Friends or Foes?”

On Shabbat April 18, I will give the sermon at the Sephardic minyan, (services begin at 9:00am). Classes are free and open to the public.

On April 19, 26, May 3 (Sunday evenings, 7:00-8:00 pm): I will give a three-part series on the Book of Ruth at the Young Israel of Jamaica Estates, 83-10 188th Street, Jamaica, NY. Classes are free and open to the public. Second Samuel: In-Depth Bible Study: I am continuing our in-depth Tanakh learning at Lincoln Square Synagogue (68th Street and Amsterdam in Manhattan). This semester we are studying the Second Book of Samuel. Newcomers are always welcome. Classes meet on Wednesday evenings, 7:15-8:15pm.

Remaining dates for the spring semester are: March 11, 18, 25 (not March 4, Purim) Classes are co-sponsored by our Institute and Lincoln Square Synagogue. Registration is required, please go to lss.org/RabbiAngel. Yeshiva University: Honors Rabbinical Program Continuing with our teacher training program, I am currently giving a nine-part series to Honors Rabbinical Students at Yeshiva University on how to teach Bible in synagogues. This course is open to Honors Rabbinical Students at Yeshiva University.

Here are some of the highlights from the past two months: • Shabbat January 2-3: scholar-in-residence program, Young Israel of Lawrence-Cedarhurst. • Monday January 5: Lecture at the Yeshivat Chovevei Torah-Maharat Winter Intensive. • Shabbat February 7, scholar-in-residence, Congregation Ohab Shalom in Manhattan. • Thursday February 12, Book Launch of my newest book, Jewish Holiday Companion, published this past November by the Institute. • Shabbat February 27-28, scholar-in-residence at Congregation Ahavath Torah, Englewood, New Jersey. As always, I thank our members and friends for their support and for enabling us to spread our Institute’s vision through teaching and publications throughout the country and beyond. Rabbi Hayyim Angel National Scholar

Israeli films receive large audiences worldwide. Many of them show the realities of life in the holy land, some with humor and some with sadness. Almost all of them demonstrate that Israel is a democratic country which is not afraid to show even its darkest aspects.

Currently one can watch such a dark story at the Lincoln Plaza Cinemas in Manhattan “Gett- the Trial of Viviane Amsalem”. Gett is Hebrew for divorce. This is a sad story of the difficulties, and one should say, impossibilities for a Jewish woman to obtain a divorce when the husband does not want it. Indeed the husband has to agree to GRANT a divorce. I purposely emphasize the word “GRANT” as the husband is all powerful in that procedure.

There are no civil weddings in Israel and each couple is married by clergy. If a divorce is needed, it will have to be sanctified by that clergy. The religious clergy is the unique ruling instance in the determination of the validity of the nuptial vows or their annulment. That clergy has all the keys. For Israeli Jews, the instance is the Israeli Chief Rabbinate.

The movie Gett is a theatrical representation of that problem. A woman, after 30 years of what she feels to be an unhappy marriage, seeks a divorce. Although she left their home years earlier, her husband does not want it. Seeking redress from the Court, she is facing a cold and entirely male tribunal. She has to endure repetitive sessions in court, continuing legal expenses, offensive language and insinuations from the judges and from the witnesses. All of this is with no recourse but to wait “at the pleasure of her husband”. This court is unable and/or unwilling to force the husband to grant the wife freedom. In this movie, it is only resolved after 5 years of struggle and persistent humiliation for the wife. In addition the “blackmailing” husband extracts from her a degrading compromise.

Unfortunately this is not a unique situation. When the movie was shown in Israel, many, many women came forward. They describe their own similar path of tears and suffering facing a legal system wholly biased and prejudiced. For some it took 15 years and more to solve their situation. The movie producers suggest that learned rabbis have over the centuries found ways to free women from this predicament using different interpretations of rabbinic laws. It further suggests that the current Israeli Jewish clergy is particularly unwilling to adapt to the realities of life and continues to promote this macho attitude.

This predicament is even more absurd when a husband makes himself unavailable for years or just disappears. The abandoned wife is just that, abandoned, without recourse and without a possibility to rebuild a Jewish family life.

It seems that this issue has become a power play by some religious political parties holding steadfast to their anachronistic position. Those same narrow minded individuals relish their power and are opposed to any change which might affect their status with its privileges. As a result of this obstructing stand, many Israeli Jews forgo an Israeli marriage for one out of the country. As the Rabbinate refuses to find a solution, the Government should assume that responsibility.

I ask myself: Why should a man have more rights than a woman when facing a divorce?
Why should it take years to solve a divorce?

Why cannot judges use their own wisdom to declare a divorce?

Is it appropriate to have a whole male bench when gender has such an important place in the proceedings?

These are obviously my personal views and apprehensions. One may feel differently but go to see “Gett” and make your own opinion and scream if you feel so.

To our members and friends

All of our educational programs and projects continue apace. I sent out my six-month summary last month, and here are some upcoming programs and projects for January:

The Institute for Jewish Ideas and Ideals is proud to co-sponsor a new ten-part series of weekly classes with Lincoln Square Synagogue in the First Book of Samuel (68th Street and Amsterdam Avenue in Manhattan). The classes are taught at a high level and accessible to people of all learning backgrounds. Ten Wednesdays from 7:15-8:15 pm from January 29-April 2. Registration for the entire course costs $150, or it costs $20 per class if you register in advance/$25 at the door per class. You can register at lss.org/RabbiAngel. If you have any registration questions, please contact Ms. Elana Stein Hain, [email protected].

Shabbat Jan 3-4: Shabbat scholar-in-residence at Keter Torah (Roemer) in Bergenfield, New Jersey. This Shabbat will have a strong biblical focus.

Monday Jan 13, 3:40-4:20 seder, 4:20-5:10 shiur, “Megillat Esther: What They Didn’t Teach Us in Day School.” At Yeshivat Chovevei Torah in Riverdale (3700 Henry Hudson Parkway). Students and alumni free, adults $50, students $36 for day. You can register at yctorah.org. This class is part of a Bible study-day conducted by Yeshivat Chovevei Torah.

This month, my newest book, A Synagogue Companion, will be published and distributed to members of the Institute and to interested synagogues and others. It is published by the Institute, in lieu of Conversations issue 18. If you are interested in ordering multiple copies for your school or synagogue at a very reduced rate, please contact Rabbi Marc Angel, [email protected].

The regular Conversations schedule is on track, with the next regular issue scheduled for publication in May.

I have recorded my classes on the Book of Samuel, and will be recording my classes on the Book of Esther for the Aleph Beta Academy. Their video editors will then create the educational videos that will be put on their website. Check out alephbeta.org to see my courses on Joshua, Judges, and Lamentations, as well as many other classes by other educators in this engaging format.

I will be continuing my teacher-training sessions at the Ramaz High School in New York on January 2. We are working with their Bible faculty in reviewing aspects of their curriculum. This session is open to the Ramaz faculty only.

I am beginning four new undergraduate courses at Yeshiva University: Samuel, Haggai-Zechariah-Malachi (an Honors course), and two sections of Jeremiah. These course are open to students at Yeshiva University.

In addition to classes to adults and college students, teacher training, and publications, part of my role as the Institute’s National Scholar is to be a resource, and I regularly correspond with many people on important issues in Jewish thought and education.

I recently received a note from a student who lives in Israel. This is a very lightly edited and abridged version of what he wrote: “I am currently in my fourth year in a hesder program. I recently finished my mandatory service in the army and during my service your online classes on Tanach and your books kept Torah alive for me. During a time in my life when Torah learning was not as accessible as one would want, your teachings made it accessible for me…Again I wanted to let you know just how much I enjoy listening to your classes and reading your books, they have really helped me learn Tanach in an entirely new fashion, and I owe my passion for Tanach study to you.” Needless to say, I was deeply moved by this note. This heroic young man who serves our nation took whatever free moments he had to learn Torah. I thanked him for sharing his thoughts and referred him to our Online Learning section on our Institute’s website so that he may access a growing number of our lectures online and perhaps find other materials and articles of interest.

My father, Rabbi Marc Angel, often receives far-away inquiries and comments through our Institute from every corner of the globe. Thank you for your support and encouragement in making all of this a reality, and we look forward to expanding our scope and reach in the coming years.

Thank you for your support and encouragement, and I look forward to building this vision with you and the broader community in the coming year and beyond. I welcome your ideas and suggestions. Please feel free to contact me at [email protected].

Rabbi Hayyim

Angel National Scholar

Maimonides (d. 1204) tolerated no idea that failed the test of reason. An ancient and robust tradition of superstition among the Jews did not deter him. Maimonides either ignored or rationalized scores of Talmudic halachot based on astrology, demonology, and magic.

Maimonides denounced astrology passionately, despite its popularity, calling the belief “stupidity” and its practitioners “fools.” His argument bears emphasis: Maimonides opposed astrology primarily on scientific rather than religious grounds. The Torah prohibits divination from the sky, he ruled, not because it displays a lack of faith in God, but simply because it is false.

But Nahmanides (d. 1270), pointing to Talmudic sources and consistent with his intellectual milieu, wrote a correspondent that it would be halachically unacceptable to ignore an inauspicious horoscope, because “one should not rely on miracles.”

Though a student of Kabbalah, Nahmanides also worked within the framework of Aristotelian philosophy. He was no anti-rationalist. He was worlds apart from today’s magic-remedy-dispensing “mekubalim” (miracle workers).

Medieval philosophers relied on reason to explain nature, but reason had practical limitations. Even the most confident rationalist could not explain all natural phenomena. Philosophers were forced to distinguish between “manifest” qualities — clearly understood properties such as size, shape, and color — and an “occult” or hidden property unique to a particular object (“segula” in medieval philosophical Hebrew).
The attractive force of the lodestone, a naturally occurring magnet, was the most commonly cited example of an occult quality.

The ancients knew that a magnet draws iron, but the cause of the attraction eluded explanation. Medieval scholastics viewed such “action at a distance” as an occult property; no manifest quality of the lodestone could explain its power. Likewise, the stars and planets were thought to influence the daily affairs of human life by means of emanations penetrating the cosmos — an even more impressive example of action at a distance.

Occult remedies were a problem for halachists and Jewish philosophers. The issue came into sharp focus in the early fourteenth century, during the Maimonidean Controversy.

Rabbi Shlomo Ben Aderet (“Rashba,” d. 1310), a student of Nahmanides, played a major role in this episode. Like many of his contemporaries, Rashba revered both Maimonides and Nahmanides.

Rashba was asked for his decision: Was it permissible to use a medallion engraved with the image of a lion — after the zodiac constellation Leo — to treat kidney stones? (Ironically, the radical Maimonidean rationalists were using this talisman; the anti-Maimonideans objected).

Rashba deliberates carefully, and takes great pains to address Maimonides’ broad prohibition of magic. He notes that Maimonides himself, following the Talmud, allowed for an exception: He permitted any empirically effective remedy, even if it was poorly understood and attributed to an occult virtue. Does this exception, Rashba wonders, cover the Leo medallion?

Rashba ultimately allows the practice. He skillfully argues that the medallion’s healing property, though occult, is as natural as magnetism (the following is the earliest description of a magnetic compass in Hebrew literature):

“Consider the occult property of the magnet, at which iron leaps, and furthermore, the common practice of sailors: They insert a needle into a floating piece of wood and magnetize the needle, which navigates on the water’s surface until it points to the pole. Not a single philosopher comprehends this in terms of natural philosophy. Likewise, all occult properties are natural — in the manner of drugs and herbs — and include no element of paganism.”

This chapter in the history of three intersecting fields — philosophy, science, and halacha — remains relevant today. How should a modern traditional Jew respond to magical cures, astrology, and the variety of “segulot” (talismans, in its current usage) increasingly promoted by Jewish charismatics?

We may be tempted to fall back on the old debate between Maimonides and Nahmanides and decline to take a stand. It would be presumptuous, so the argument goes, to come down on either side.

But there is a better approach, which takes historical context into account. An example from another area of halacha may help disentangle the issue.

Centuries ago, several prominent halachists permitted smoking on non-Sabbath holidays, based on its presumed health benefits. The rationale was that smoking fell into the halachic category of kindling for a universally appreciated pleasure (e.g., a healthful activity), which is permitted on holidays.

No halachist today would tout the health benefits of smoking simply because this (erroneous) idea is part of the halachic record. Thankfully, scientific progress makes such a prospect laughable.

Needless to say, science has evolved considerably since the fourteenth century: The Renaissance, Copernicus, Galileo, Newton, and the Enlightenment; not to mention Darwin and Einstein.

We have known for some time that magnetism is not an occult force. We also know that astrology is a pseudo-scientific fantasy (on this score, Maimonides was far ahead of his time). Much of what was fact to the medievals may be of interest to historians of science, but is no longer scientific reality.

Nahmanides and Rashba were no fools. If they were active today, they no doubt would mock practitioners of magical cures and those who would read fortunes from molten lead or coffee grinds. Maimonides likewise would abandon his own outdated science.
On scientific questions, religion must follow the very latest science. To settle for anything less is to invite a return to a darker, occult age.

I rubbed my eyes in disbelief when I read that Sephardi Chief Rabbi Yitzhak Yosef has extended the ban on television and computers by decreeing that anyone using the “abomination” of smartphones be prohibited from leading prayers. Like most Israelis, I felt profoundly ashamed that a “chief rabbi” could seek to impose such primitive views on the Israeli public. Under such circumstances, is it any surprise that Israelis have utter contempt for the Chief Rabbinate?

The time has come for the vast majority of us, including nonobservant Jews, who take pride in the fact that we represent a cultured people which was at the forefront of enlightenment and civilization from time immemorial, to stand up and say enough is enough.

The state has imposed upon the nation a Chief Rabbinate that is now dominated by the most extreme and obscurantist elements. We are not living in the Middle Ages when our sages were actually trailblazers in enlightenment and worldliness. Indeed, Maimonides, one of the greatest Jewish thinkers and halachists of all time, was an utter repudiation of what today’s ultra-Orthodox extremists symbolize. Steeped in Torah, he was nevertheless a worldly man, considered one of the great physicians of his time, and even wrote books relating to Greek philosophy. He called on Jews to adhere to the “golden path” of moderation and shun extremism. However, because of his worldliness, Maimonides today would be ineligible to teach in most haredi educational institutions.

It is clear that this obscurantism has no relationship with piety or standards of religious observance. Many ultra-Orthodox Jews, especially in the Diaspora, take pride in high academic and professional achievements. Few endorse the extremes of gender separation and inequality which have more in common with the Taliban than with traditional Jewish practice. Likewise, many haredim reject the approach of extremist Israeli-based rabbis that commitment to a Torah life necessitates eschewing a livelihood.

Under the mantle of the Chief Rabbinate, the extremists display contempt for and seek to undermine the Zionist state -- which pays their salaries. They prohibit their followers from serving in the army or performing national service.

If these elements merely sought to practice an obscurantist lifestyle, that would be their democratic prerogative. However, it is outrageous to seek to impose on the entire nation rigid and primitive lifestyles inconsistent with the Judaism that sustained our people throughout the millennia.

In the past, we were privileged to have chief rabbis who were spiritual giants -- Rabbi Isaac Herzog, Rabbi Ben-Zion Meir Uziel and Rabbi Shlomo Goren -- whose piety and learning was unsurpassed and who sought to unify the nation, thus making Yitzhak Yosef’s edicts sound like the ravings of a troglodyte.

The current Chief Rabbinate and its courts are incompetent and corrupt and largely recruited on the basis of “jobs for the boys.” They lack a modicum of compassion and frequently transform what should be routine marriage applications into a bureaucratic nightmare, encouraging thousands of nonobservant Israelis to bypass the rabbinate and perform their secular weddings in Cyprus and elsewhere. Were it not for the admirable and courageous work of Tzohar, the rabbinical organization that provides a warm and friendly service for thousands of Israelis, the numbers would be even higher.

But the worst aspect of this abhorrent structure is the almost venomous approach toward converts which is disparaging, humiliating and usually forces them to withdraw in disgust.

There are over 300,000 Russian immigrants who regard themselves as Jews, are indistinguishable from other Israelis, and serve in the army but are not considered halachically Jewish. It is clearly in the national interest to encourage them to convert before the impending crisis when they will seek to wed and will be told that they are ineligible because they are not Jewish. This has potentially enormously divisive social implications and the makings of a long-term disaster for the state.

Instead of employing halachic precedents for easing conversions of Jews of mixed marriage -- especially from a society like the Soviet Union which denied Jews the right to a religious education and ruthlessly persecuted those seeking to practice their Judaism -- today’s Chief Rabbinate does the opposite.

Indeed, current Ashkenazi Chief Rabbi David Lau was only elected after pledging not to tamper with the prevailing conversion restrictions without the approval of the extremist elements such as those who sought to retroactively annul conversions authorized by religious Zionist Rabbi Haim Drukman.

In recent years, the Chief Rabbinate attempted to widen its influence and also sought to centralize control of rabbis in the Diaspora akin to the Vatican’s control of the Catholic Church. It demanded total subservience to its stringent and hostile approach toward conversion and rejected conversions undertaken by more enlightened Orthodox rabbis despite the fact that, according to Halachah, a conversion court can be convened by any three religiously ordained rabbis. If successful, this centralization would lead to a reign of zealotry unprecedented in Jewish history. From the Mishnaic era, there were disputes in halachic interpretations between the more stringent followers of Shammai and the more liberal disciples of Hillel, but the people could select the rabbi they chose to follow, and no one disputed their legitimacy.

The previous government, which excluded the haredi parties, intervened and tabled legislation to enable Israelis to select the rabbis of their choice for marriage, divorce and conversion. Unfortunately, under pressure from the haredi political parties, the current government turned the clock back, reverting to the totally centralized control by the Chief Rabbinate. This emboldened the Chief Rabbinate to further abuse its power by attempting to force the retirement of Rabbi Shlomo Riskin, one of the principal and highly respected Orthodox rabbis seeking to bring about conversion reform. Only due to a storm of protest did the attempt fail.

This led to a schism and the creation of a new conversion court, independent of the Chief Rabbinate, headed by a renowned scholar Rabbi Nahum Eliezer Rabinovitch, head of the Maaleh Adumim hesder yeshiva, Rabbi Riskin, and Rabbi David Stav, head of Tzohar.

This court, rather than seeking to impose the most stringent regime of observance on converts, will apply the more flexible solutions and interpretations of Maimonides reflected in the approach of former Chief Rabbi Uziel, who approved conversions without obsessing on the minutiae of observance.

This is an explosive situation, with the haredi groups in government pressing Netanyahu to compel the Interior Ministry to endorse the Chief Rabbinate’s refusal to recognize conversions by the new courts.

With a majority of one, Netanyahu is in an impossible position -- which he himself created by capitulating to all the haredi demands when he formed his government.

Yet, if the new conversion courts are not recognized by the Interior Ministry, we face a social disaster in which the most extreme elements of the ultra-Orthodox will further intensify their control of the nation.

The truth is that the current Chief Rabbinate -- which has no standing as an institution in Halachah -- alienates the nation from Judaism. No communal group accepts its authority. Despite having hijacked the Chief Rabbinate to exploit it as an instrument to impose their stringent interpretations, haredim themselves continue to despise the institution. Many also feel embarrassed by the primitive outbursts like those of Yitzhak Yosef, and recognize the need to educate their children so that they can earn a livelihood. Religious Zionists are obviously appalled with the abuse of an institution that was created to unite the nation and is now dividing it.

But it is the secular parties from both the Left and Right that created the haredi Frankenstein’s monster. Most nonobservant Jews are utterly ignorant and incapable of distinguishing between any varieties of Judaism and display contempt for all forms of religion. They fail to understand that the religious orientation of the state-sponsored rabbinical establishment is at the core of national identity.

The secular parties should have ensured that qualification for rabbinical leadership, at a minimum, involves loyalty to the Jewish nation state and its institutions. To have rabbis on a state payroll who refuse to permit the prayers for the welfare of the state and its armed forces in their synagogues, is an abomination. For secular parties, for the sake of political expediency, to endorse the appointment of a chief rabbi who has himself not served in the army and does not support the draft, is unconscionable.

Today we stand at a crossroads. In an ideal society, the prime minister and leader of the opposition would suspend political differences on this issue and either dissolve or restructure the Chief Rabbinate so that it provides a Zionist religious leadership, more in tune with the national need. But since this is unlikely to happen, the secular Zionist parties will bear the guilt for exploiting short-term political benefits to create generations of extremists and anti-Zionists who will ultimately undermine the Zionist state and devour them.

Isi Leibler may be contacted at [email protected]

The Rhythms of Jewish Living
A Sephardic Exploration of Judaism’s Spirituality
By Rabbi Dr. Marc D. Angel
Reviewed by Rabbi Dr. Israel Drazin

Rabbi Angel demonstrates his well-known knowledge and writing skills in this very informative exploration Jewish practices. He offers details about and explains Jewish daily observances and holidays, the differences between Ashkenazic and Sephardic Jewry, the unique Jewish use of time, halakhah, theology, history, sacred places, divine revelation and providence, confronting death with the right attitude and without fear, the significance of the State of Israel, the manner in which Jews highlight and celebrate family, how people can transcend themselves, and much more.

I’ll give some examples.

The rabbi stresses the importance of a sensitive relationship between humans and nature. The Bible emphasizes this relationship by speaking about creation in the beginning of the Bible. Additionally, all of the biblical holidays are related to nature: spring (Passover), summer (Shavuot), and fall (Sukkot). Many blessings do not focus on what is eaten but on the renewal of nature. Jews recite blessings when they observe natural phenomenon such as lightning, thunder, very strong winds, and rainbows. They approach God in a two-fold manner, through the divine creation of nature and the divine revelation of the Torah. But it is God that is the most important; therefore Jews turned to the west away from the sun as they left the temple.

He writes, “There has been a steady and increasing alienation between Jewish religious observance and the natural world, with a parallel diminution in sensing awe for God as Creator of the natural universe.” He points, for example, to the wide-spread current practice of placing stained-glass windows in synagogues, which obstructs outside views and “symbolize a changed sense of spirituality, a break from traditional outdoor religiosity.”

Rabbi Angel describes some Sephardic practices, such as the custom during the Passover Seder “of placing a piece of matzah in a sack and carrying it on their shoulders as though they were among the Israelites of old carrying their belongings as they escaped from Egypt.” This practice, as many similar Sephardic ones during Passover and other Jewish holidays, deepens the holiday, “we are sharing a historical national memory and we are attempting to identify ourselves with our redeemed ancestors.”

The Jewish meal is another example of our identification with our ancestors. “The table upon which one eats is considered symbolically to be the altar in the Temple in Jerusalem. It is consecrated. One is not supposed to treat the table with disrespect, to sit on it, to place one’s shoes on it. Before eating a meal, we ritually wash our hands as a sign of purification. Just as Jews in ancient Jerusalem had to purify themselves before coming to the altar, so we must do likewise. We recite the blessing over bread, but before eating it we dip it in salt. This is reminiscent of the practice in the Temple to add salt to the sacrifices offered on the altar.”

Rabbi Angel gives readers an extensive interesting historical account of the ancient great court in Jerusalem, popularly known as the Sanhedrin, comprised of seventy-one scholars. Readers may be surprised to learn that the Great Court “even had the power to overrule a law of the Torah (see, for example, the discussion in the Talmud, Yevamot 90b.” Maimonides wrote in his Mishneh Torah, Laws of Rebels 2:1, that in ancient times the law was fluid and flexible. Each Court had the right and responsibility to use its own understanding in applying the word of God to the people of Israel. Each Court “ruled according to the way it seemed to them that the law should be – their judgment is the law. If a subsequent Great Court found a reason to refute their decision, it should refute it” for the Torah states we are “only obligated to follow the Court which is in your generation.”

This power to change laws was traditionally given only to the Great Court. Unfortunately, the Great Court ceased to operate when the Romans destroyed the temple in 70 CE. Several efforts were made to reestablish the authority of the Court, but these efforts failed. The latest call for the reinstitution of the Great Court was made by the Sephardic Chief Rabbi of Israel, Rabbi Benzion Uziel (1880-1953) in 1936, but his call went unheeded. Soon thereafter the dissolution of the Court in 70 CE, in the mid-second century, Rabbi Yehuda the Prince compiled the Mishnah, a record of the rabbinical teachings up to his time. From then on, the Mishnah and the subsequent discussions on the Mishnah in the Gemara, together called the Talmud, one composed in Israel and the more widely accepted one in Babylon, became, together with later composed law codes, the fixed laws. Rabbis no longer went to the Torah to determine the law. Today, the law, called halakhah, is no longer fluid.

Rabbi Angel discusses the different approach that Sephardic rabbis take to Jewish law and Judaism from that of Ashkenazic rabbis after the time of the Great Court. Ashkenazim primarily lived in Europe under Christian domination under harsh conditions and were generally unable to secure a secular education. It wasn’t until the eighteenth and nineteenth century that these Jews were westernized. In contrast, Sephardim had a far better life in Spain until they were expelled in 1492. They made great contributions to the Spanish culture in science, medicine, philosophy, and mathematics. Whereas Jews in Ashkenazic lands – France, Germany, Italy, Poland, Russia, and Eastern Europe – lived a sober, melancholy life, and focused on piety because of their restraint, Sephardic Jews were on the whole a happy people. While they were quite observant of halakhah, their observance did not lead them to become sober or overly serious.

“Rather, the pleasures and aesthetics of this world were viewed in a positive light.
Sephardic holiday celebrations and lifecycle observances, for example, were characterized by the preparation of elaborate delicacies to eat, the singing of songs, and a general spirit of gaiety and hospitality…. This spirit carried itself even to the serious season of the High Holy Days, when self-scrutiny and repentance were expected…. The unstated assumption was that eating, rejoicing, and being happy of heart were not in conflict with piety, even in the serious season of penitential prayers.”

The effect of Christian persecution upon Ashkenazic Jewry also resulted in Ashkenazic rabbis being more stringent in their halakhic rulings. “H. J. Zimmels, in his book ‘Ashkenazim and Sephardim’…suggests that Ashkenazic inclination to stringency was largely the result of centuries of persecution suffered by German Jewry.” Rabbi Angel also cites Chief Rabbi Benzion Uziel who wrote that Sephardic rabbis “felt powerful enough in their opinion and authority to annul customs that were not based on halakhic foundations. In contrast, Ashkenazic rabbis tended to strengthen customs and sought support for them even if they seemed strange and without halakhic basis.”

Among much else, Rabbi Angel discusses how understanding how to die tells us how to live. He notes that the Midrash Genesis Rabbah interprets the divine statement in Genesis “Behold it was very good” as referring to death. He explains how both nature and the Torah provide paths to God and that God’s revelation through nature may be experienced today by all people, Jews and non-Jews alike.

Changing the Immutable

By Dr. Marc Shapiro

Since time began, since the more intelligent men and women realized they had ideas they could not share with others, yet they had to speak, they learnt to lie.

Highly respected philosophers did so. The pagan Greek Plato called what they said “noble lies.” The Jewish Maimonides named them “essential truths.” The Moslem Ibn Tufayl gave the lies no name, but wrote a book describing why it is necessary to hide the truth.[1] The Roman Plutarch hid the truth in his famed history “Parallel Lives,” and gave an idealized version the ancient heroes “with the intention of conveying moral examples to imitate or avoid.”[2] They knew that the lies they taught the masses were not facts, but teachings that advance what they considered to be good, what we could call “pedagogical truths,” focusing on education, or “orphaned truths,” unrelated to real truths, or “pious myths.”

As many other philosophers, Maimonides recognized that intelligent people, leaders, clergy, philosophers, and teachers of all kinds need to teach people lies – such as, God spoke to prophets, you will be resurrected, pray and God will help you, this is what God demands, God will punish you unless you do this, there will be a messianic time when all evil will cease – to make people feel good about themselves, feel secure, “know” that there will be a better time, behave properly, provide stability, preserve order, and teach and promote values. Maimonides told readers of his Guide that he will place both his true ideas and “essential truths” in his Guide so that the common people will find notions in it that support their beliefs while intelligent people will be able to sift the true teachings from the dross.[3]

Even the Bible seemed to sanction lies. Abraham told his servants and his son Isaac that he and Isaac will return from offering a sacrifice while he had every intention when he said this that he would offer Isaac as a sacrifice to God. Jacob misled his father Isaac claiming he was Esau the son that blind Isaac wanted to bless. Moses attempted to persuade Pharaoh to let the Israelites leave Egypt saying they would return after three days. The biblical book Chronicles suppressed the truth contained in the earlier biblical books; they retold the earlier-told tales in a manner that erased mistakes made by biblical heroes, such as King David’s adultery and murder of Bathsheba’s husband. The Chronicle version is “actually far from a detached recording of what happened in the past.”[4] And there are many more examples of dishonesty in the Bible. Abraham ibn Ezra states: “Our sages explained this beautifully, for ‘a prudent man conceals shame.’”[5]

The Talmud recognized a concept halakhah ve’ein morin ken, meaning that although something is technically permitted, the rabbis do not inform the masses of the leniency out of fear that using this permission could have negative ramifications. Nachmanides (1194-1270) contends that this concept is in the Torah which states “It is the glory of God to conceal a thing,”[6]

The rabbis lied and continue to lie for many reasons, such as the interest of peace, to stop people from sinning, to avoid embarrassment, to prevent injury, to collect money to support the study of Torah, to help feed a poor man, to improve a person’s chance of marriage, when one has a mental reservation that what he is saying is not true,[7] for educational reasons, and if the lie leads to a good result. Each of these reasons is subjective; one rabbi may feel that the lie is appropriate while another might strongly disagree. It is as if the rabbi is saying, I can lie if I think it is proper to do so and if I feel that it is better for the person to believe my lie rather than know the truth.

Marc B. Shapiro[8] points this out and shows how this phenomenon continued from ancient time to righteous Jews today, including famed rabbis who lie to other Jews. His book is superb, scholarly, comprehensible, well-documented with copious supportive notes, very readable, and above all eye-opening. He shows that all too many rabbis in the Orthodox community rewrite the past by snipping out of books of prior rabbis and scholars, even well-respected ones, that which does not fit into their personal world-view. They “insist on viewing the past through the religious needs of the present,” erasing the liberal opinions of the past to obligate others to follow their personal notions of what is right. Organizations such as ArtScroll distort the interpretations of Bible commentators in their ArtScroll commentaries when what is said contradicts their understanding, as they deleted the “offending view” of Rashi’s grandson Rashbam on Genesis 1:5 that in the Bible the day began in the morning. These rabbis are turn their backs to what is true when they are convinced that what was said would lead readers to observances they dislike. Paradoxically, rabbis who make these changes consider themselves traditional, even hereidi, ultra-Orthodox, men who decry the changes wrought by the Reform movement; yet they too are uncomfortable with the past, the history of Judaism and its practices, and feel the need the revise what is most sacred to them, what the Torah actually says and Judaism.

They conceal the conviction of many sages that parts of the Five Books of Moses” were composed after Moses’ death, such as Abraham ibn Ezra and the famed pietistic Rabbi Judah HeHasid who held this post-Mosaic view. They hide the fact that the codifier Moses Isserles felt that it is permissible to drink non-Jewish wine. They censored Joseph Karo’s “Shulchan Arukh” where he states that the “kapporot” ceremony on the day before Yom Kippur in which people transferred their sins to a chicken was a “foolish custom.” They erased the opinion of Rabbi Hayim of Volozhin quoting the Vilna Gaon “that in matters of halakhah one should not give up one’s independent judgment, even if that means opposing a ruling in the “Shulchan Aruch.” They excised the statement of Rabbi Joseph Messas (1892-1974) from his “Mayim Chayim” where he ruled that married women have no obligation to cover their hair, a decision also held by Rabbi Joseph Hayim (1832-1909) and many others. They conceal the ancient decisions by respected rabbis such as Rabbenu Tam, Rabbi Solomon Ganzfred in his “Kitsur Shulchan Arukh,” and others that the “shekiah,” sunset for the purposes of when the Sabbath starts, takes place much later than what is usually regarded as sunset, that the Shabbat begins when it is dark about an hour after the current practice. They obscured the ruling of the highly respected codifier Rabbi Yehiel Mikhel Epstein (1829-1908) that one is allowed to turn on electric lights on festivals. They expunged the opinion of Rabbi Samson Raphael Hirsch that everyone does not need to devote his life to Torah study and the opinion of Maimonides in his Introduction to his opus “Mishneh Torah” that Jews need not study the Talmud. They erased the Vilna Gaon’s belief that it is only a custom for males to cover their heads and that in Orthodox families in Germany, male Jews only covered their heads when at prayer or saying a blessing. They painted head coverings on the pictures of the Lubavitcher Rebbe, Menachem Mendel Schneerson, and many others who did not wear a head covering in college. They hide that Rabbi Kook, the first Chief Rabbi of Palestine as well as Maimonides taught that people need to exercise.

Also, hereidi Jews as well as rabbis who are afraid to deviate from them will not mention the words breast, gay, homosexual, rape, or insert the words in their newspapers, and even exclude pictures of women, including that of Hillary Clinton, even though this is not prohibited in the Torah and was not the practice in ancient Judaism.

These are just some of the many examples that Dr. Shapiro gives in his excellent book (with a couple that I added) of how rabbis and others have changed and are continuing to change the immutable Torah.

We could, of course add many more to the couple of hundred example offered by Dr. Shapiro, for Dr. Shapiro notes that he is not giving a complete list of violations. For example, many rabbis today do not reveal that the behaviors they are advocating in their sermons is not taught in the Torah. Also, when these rabbis sermonize today and base their sermons on the “fact” that the “medrish” says such and such, the rabbis do not reveal that there are multiple Midrashim, each saying something somewhat different than the others, and the position they are advocating is not held by other Midrashim.[9]

[1] Plato’s “Nobel Lie” is discussed in his Laws 2.663d-e. He lived in Greece between 427 and 347 BCE. Maimonides’ “Necessary Truths” is in the Guide of the Perplexed 3:28. In essence, although people may consider this incredibly insulting, philosophers recognize that the vast majority of people need to be taught fraudulent notions and treated in a paternalistic fashion by those who are convinced they know what is best for them. Ibn Tufayl died in 1185. His book is Hayy ibn Yaqzan, University of Chicago Press, 2009.

[2] Donald R. Kelly, Faces of History, New Haven, Conn. 1999. Kelly notes that none of the Roman historians were objective in a modern sense.

[3] It is not easy for readers to identify the “essential truths” and as a result there are Maimonidean scholars who are convinced that Maimonides believed that prophecy is from God, angels exist, God controls people, etc.

[4] In a commentary attributed to Rashi, the Bible and Talmud commentator points to a number of times that the book of Chronicles has a goal to portray King David in a positive fashion.

[5] Proverbs 12:16.

[6] Nachmanides commentary on Numbers 30:2 referring to Proverbs 25:2.

[7] As in the somewhat ridiculous practice of some people of saying a lie while crossing one’s fingers.

[8] Changing the Immutable, How Orthodox Judaism Rewrites its History, By Marc B. Shapiro, The Littman Library of Jewish Civilization, 2015, 347 pages.

[9] Many rabbis use the made-up word they heard in the Yeshivas, a Yiddish mispronunciation of Midrash.

I