National Scholar Updates

Nehama Leibowitz and the Paradox of Parshanut

Nehama Leibowitz and the Paradox of Parshanut:

Are Our Eyes on the Text, or on the Commentators?[1]

By Hayyim Angel

 

 

 

Introduction: The Commentators as Our Eyes to the Text

 

In Elementary and High Schools, we do not study parshanut or exegetical methodology for their own sake; rather, we study Torah with the assistance of its interpreters. And if, God forbid, the Torah should be pushed to the side—whether its stories and laws, its teachings and ideas, its guidance and beauty—because of overemphasis on parshanim, then any small gain my book achieves will be lost at a greater expense (Nehama Leibowitz).[2]

 

In line with all traditional exegesis, Professor Nehama Leibowitz, zt”l (henceforth, Nehama, as she preferred to be called) emphasized that we must scrutinize the meaning and significance of each word and passage in the Torah, and perceive its messages as communicated directly to us. We accomplish these daunting tasks by consulting the teachings of the Sages and later commentators (mefarshim). In effect, they serve as our eyes through which we understand the biblical text in its multifaceted and ever-applicable glory.

Of course, the opinions of the mefarshim must be painstakingly evaluated against the biblical text. Sometimes, one position is preferable to another because it captures the language or the spirit of a passage more fully.[3] On many occasions, the text simultaneously sustains multiple interpretations on different levels.[4] But it is always the text that commands our attention.

            To those studying parshanut as a discipline, whether for methodological approaches or in historical context, Midrashim and commentators are no longer secondary to the biblical text. They are three-dimensional people living in specific times and places. Parshanut investigates how a given exegete approached the text, and what influenced him, such as Midrashim and earlier commentaries, intellectual currents of his time, and other historical considerations beyond purely textual motivations. The student of Tanakh views commentary as secondary literature, while the student of parshanut or history treats exegetes as primary sources. These contrasting perspectives almost necessarily will yield different understandings of the comments of mefarshim.

            For the most part, Nehama avoided studying Tanakh in its historical context, and likewise was reluctant to consider Midrashim and the works of later commentators in their respective settings. In particular, she devoted an entire study in an attempt to demonstrate that Rashi on the Torah always was motivated by textual considerations, and never exclusively by educational or other religious agendas such as polemics. Because of her emphatically text-centered methodology, Nehama also did not focus on individual contributions of mefarshim. She brought all mefarshim to her studies simultaneously, utilizing those comments that she believed elucidated the text of the Torah.

In theory, the disciplines of Tanakh and parshanut should be complementary. A heightened understanding of parshanut certainly offers one a more finely tuned ability to study Tanakh through the eyes of the mefarshim. But, as Nehama warned, it is all too easy to become sidetracked from the biblical text by overemphasizing parshanut. In light of this tension, we will consider those essays in Pirkei Nehama: Nehama Leibowitz Memorial Volume that explore the strengths and limitations of Nehama’s methodology.[5]

 

Close Text Reading and Nehama’s Evaluation of Peshat

 

Moshe Ahrend (pp. 42–49) and Elazar Touitou (pp. 221–227) observe that Nehama espoused a broad definition of peshat that places the overall spirit of a passage (ruah ha-ketuvim) at the forefront of inquiry. In contrast, exegetes such as Rashbam were more concerned with local meanings of what is found explicitly in the text (cf. Cohn, pp. 106–107).[6]

David Zafrany notes that Nehama accentuated the finest semantic nuances and redundancies (pp. 75–77). Predictably, this exegetical position led to Nehama’s particular fondness for the commentaries of Rashi and Ramban.[7] In contrast, exegetes such as Rashbam and Ibn Ezra believed in kefel ha-inyan be-milim shonot (poetic repetition) and other idiomatic conventions in the Torah. Nehama often referred to the latter group as “rodfei ha-peshat” (those who pursue the plain sense of the text) as a means of criticizing their viewpoint (cf. Ahrend, p. 38).

This discussion also underlies Nehama’s favorable outlook toward Benno Jacob and the Buber-Rosenzweig translation of the Torah. Although Nehama was acutely aware that these authors were not Orthodox Jews, they were attentive to the finer literary qualities of the biblical text, attributing significance to each word of the Torah.[8] Rivka Horowitz discusses the impact of these twentieth-century German-Jewish writers on Nehama (pp. 207–220).[9]

Moshe Sokolow (pp. 298–300) and Amos Frisch (pp. 313–323) both illustrate Nehama’s love of comparing and contrasting parallel biblical texts. Nehama followed the path of Rashi, Ramban, Malbim, and Netziv, against the approach of Ibn Ezra, Radak, and Ibn Caspi. The latter generally treated such repetitions as stylistic variations, without meaningful significance.

            These discussions illustrate vital aspects of Nehama’s learning methodology, and explain how she related to different commentators as a result. However, the majority of essays in Pirkei Nehama make parshanut the primary source of inquiry, exploring the methodology of various exegetes and/or Nehama as a parshanit and educator in her own right. One theme conspicuously (and unfortunately) absent from this volume is an essay devoted to Nehama’s own original interpretations on the Torah.

 

Between Dogmatism and Historicism

 

Dogmatism aspires toward absolute, supertemporal authority, but for this it pays the heavy price of blurring the distinctiveness of periods and perspectives. Historicism strives for greater differentiation and for explaining causal connection and circumstantial conditioning; but with its gain comes the loss it incurs with its complete relativization (Uriel Simon).[10]

 

Gavriel H. Cohn likens Nehama’s educational technique to Rabbi Joseph Soloveitchik’s memorable portrayal of his learning dialogue with the great talmudists (p. 26).[11] Her iyyunim guide the reader to the text, surrounded by mefarshim spanning many generations (cf. Cohn, p. 97).

            Several writers observe that Nehama’s synchronic and text-centered approach often comes at the expense of other aspects of parshanut study. In an analysis of Nehama’s methodology, Yisrael Rozenson remarks that Nehama treated Rashi and many other commentators as standing above historical circumstance and influence, exclusively interpreting the biblical text.[12] Gavriel H. Cohn notes that Nehama did place Abarbanel and Hirsch in their historical settings on occasion, and in rare instances she did so for others as well (p. 97, n. 18; cf. Ahrend, p. 39; Touitou, p. 232). With Rashi, however, there could be no exceptions. Nehama tried valiantly to demonstrate that Rashi on the Torah always was motivated by textual nuances and difficulties, and never exclusively by religious or polemical considerations. Her extreme position on this issue generated the greatest amount of critical discussion in Pirkei Nehama.

It is specifically through the defense of Nehama’s outlook by Shemuel P. Gelbard that one readily can identify its shortcomings (pp. 177–185). Gelbard asserts (p. 178) that Nehama did not prove her point conclusively in her article, “Rashi’s Criteria for Citing Midrashim.”[13] While allowing for rare exceptions for educational or polemical concerns, Gelbard maintains that Rashi almost always was motivated by something in the biblical text (p. 179). To substantiate his thesis, Gelbard adduces an impressive array of midreshei aggadah cited by Rashi that all address some difficulty in the text even as they also teach important religious lessons.

Enlightening in their own right, Gelbard’s examples do not prove his or Nehama’s claim, for two reasons: (1) To verify Nehama’s argument, one must take into account not only the Midrashim that Rashi cites, but also those he does not cite. Why does Rashi quote one Midrash instead of another, when the latter also may have been responding to a similar text anomaly?[14] (2) There could be, and in fact are, other examples in Rashi’s commentary that do not fit into this general analysis, a point Gelbard himself concedes. At the end of her article on Rashi’s criteria for selecting Midrashim, Nehama left the first issue for another study. The articles of Yitzhak Gottlieb and Avraham Grossman in Pirkei Nehama should be considered, respectively, as attempts at such further studies. They convincingly identify motivations in Rashi’s commentary beyond pure adherence to the biblical text.

Yitzhak Gottlieb quotes Nehama’s assertion that Rashi quoted Midrashim pertaining to semikhut (juxtaposition of passages) only when the juxtaposition presents some textual difficulty (pp. 149–175).[15] Gottlieb notes that although we always can find some text motivator for semikhut, it is more relevant to ask if there is a fundamental difference between those Midrashim that Rashi quoted and those he did not (p. 170; cf. p. 150, n. 4).[16] After a comprehensive examination of the midrashic discussions of semikhut, Gottlieb cannot ascertain any distinct pattern for those Midrashim that Rashi quoted versus those he did not, leading him away from Nehama’s conclusion. Gottlieb concedes that Rashi may not have had these omitted Midrashim available to him. But if Rashi did have them, it is reasonable to conclude that although Rashi generally was motivated by text concerns, he also cited certain Midrashim instead of others for other reasons, including his desire to disseminate his religious ideals: for example, to provide comfort for persecuted Jews, to affirm God’s love of Israel, and to defend Judaism against Christian polemical accusations (p. 174, esp. n. 99).

Avraham Grossman bolsters Gottlieb’s conclusions by identifying likely polemical and educational examples from within Rashi’s commentary on the Torah (pp. 187–205). Grossman surveys opinions of scholars ranging from Nehama’s extreme efforts to deny all historical impact on Rashi, to Yitzhak Baer and Elazar Touitou’s equally far-reaching assertions about the impact of historical circumstances on Rashi’s commentary.[17] Grossman adopts a middle position and maintains that many instances of Rashi’s selection of Midrashim do address textual difficulties, but others emerged primarily from polemical, or other religious concerns.

Rashi saw assimilation and persecution among French Jews, and therefore used his commentary to inspire them during the grim period surrounding the First Crusade. Grossman asserts that on occasion, Rashi may have selected Midrashim he knew were far from peshat in order to convince his community that they are loved by God and should remain faithful to the Torah and mitzvoth (p. 189).

Grossman then cites examples where Rashi explicitly stated that he preferred an interpretation le-teshuvat ha-minim (to answer the heretics) to explanations of the Sages, since Christians were taking the midrashic messianic interpretations of biblical texts and applying them to the Christian savior (p. 190).[18] However, these instances occur exclusively in Rashi’s commentaries on Nakh. In Rashi’s commentary on the Torah, there are no explicit examples, making the enterprise of pinpointing polemical exegesis speculative.[19] Grossman rises to this challenge by adducing ten instances of polemic and five of other religious-educational matters, where Rashi on the Torah clearly deviated from peshat or consistently selected certain types of Midrashim from among many others to support his educational agendas.

            For example, Rashi’s famous rereading of Jacob’s statement to Isaac—anokhi. Esav bekhorekha, “It is I. Esau is your firstborn” (Gen. 27:19)—is against the plain meaning of the text. In the generation following Rashi, Rabbi Menahem ben Shelomo (Sekhel Tov) wrote that were one to accept Rashi’s reading here, a dualist would be able to support the existence of two deities from the Ten Commandments by reading its first verse, “Anokhi. Hashem Elokekha”! Grossman maintains that Rashi knew he was deviating from peshat in this instance (pp. 192–193). He did so, in all likelihood, because Christians regularly accused Jews of being deceitful in business, emulating their ancestor Jacob.[20] By writing that Jacob did not use deceit (even translating “mirmah” as “wisdom” on 27:35), Rashi deflated the Christian indictment at its roots.

            Grossman also demonstrates that Rashi consistently quoted Midrashim that defended the character of Jacob and those that lambasted Esau. Such consistent patterns plausibly can be understood against the background of Jewish-Christian tensions in medieval Europe. Rashi used Jacob as a symbol for the Jews, and Esau represented a combination of Edom, Rome, and Christianity.[21] Although several of Rashi’s comments also may address textual anomalies, the consistent pattern of midrashic selections can be understood more fully against the polemical backdrop.

At the end of his article, Grossman reaffirms that many of Rashi’s comments were in fact textually motivated (pp. 204–205). However, the primary, overarching goal of his commentary was to provide religious guidance to Jews. If his educational goals coincided with peshat—which they usually did—then Rashi could teach biblical text and Judaism simultaneously. If not, Rashi favored religious teaching over a sterile, “scientific” response to the biblical text. Although one may debate individual examples cited by Grossman, blatant deviations from peshat such as “Anokhi. Esav bekhorekha” and consistent patterns of Rashi’s citation of certain Midrashim over others confirm his general thesis.[22] In a separate article published in the same year as Pirkei Nehama, Shemuel P. Gelbard also reached the conclusion that Rashi had several “meta-issues” behind his commentary.[23]

In his essay on Nehama’s treatment of Rashbam, Elazar Touitou (p. 232) marvels at Nehama’s reluctance to acknowledge Rashbam’s operating in polemical context even when Rashbam explicitly stated that he was responding to minim (Christians).[24] Touitou’s most convincing example of polemic relates to the Golden Calf episode. Although Nehama credited Rabbi Judah Halevi (Kuzari 1:97) for defending the honor of Israel in his interpretation of the Golden Calf episode,[25] she did not envision a similar possibility for Rashbam when he wrote (on Exod. 32:19) that Moses dropped the tablets because he was physically exhausted. As a result, Nehama rejected Rashbam’s unusual interpretation outright:

 

It appears to us that Rashbam, considered one of the greatest pashtanim, has distanced himself significantly from the peshat of the text. Does the text want to teach us about Moses’ physical weakness? It appears that the description of the shattering of the tablets in Deuteronomy completely refutes his comments.[26]

 

To justify Rashbam, Touitou notes that medieval Christians viewed the Golden Calf episode as proof of Israel’s failure to accept God (p. 229). They claimed further that Moses’ shattering of tablets represented the abrogation of God’s covenant with Israel. Well aware of these assertions, Rashbam feared that French Jews, suffering from persecution and discrimination in Christian society, might have their resolve further weakened by these arguments. Therefore, Rashbam eliminated the sting from the Christian position by maintaining that Moses was physically exhausted. But there is little doubt that he understood peshat in the verse.[27]

By demonstrating how certain interpretations of Rashi and Rashbam can be explained in historical context, Grossman and Touitou are able to justify why these commentators veered from peshat on occasion. Nehama’s insistence on viewing Rashi and Rashbam exclusively as eyes to the text led her to rebuke Rashbam’s interpretation of Moses’ dropping the tablets and simply to ignore Rashi’s comments on “Anokhi. Esav bekhorekha.” Moreover, she neglected opportunities to highlight the heroism and greatness of Rashi and Rashbam as religious leaders in medieval France.

However, the historical approach to parshanut, when taken too far, can undermine peshat learning. For example, Touitou (pp. 230–231) observes that Rashbam deviated from the midrashic reading of the sale of Joseph, maintaining that the Midianites (and not Joseph’s brothers) sold Joseph to the Ishmaelites (Gen. 37:28). Touitou questions whether the text alone really would have motivated Rashbam to offer a new interpretation. Touitou further observes that Rashbam waited until Parashat Vayyeshev (Gen. 37:2) to introduce his discussion with his grandfather Rashi pertaining to the importance of peshat, and the ability to formulate perushim ha-mehaddeshim be-khol yom (new interpretations that develop each day).

Touitou proposes that Rashbam was responding to Christian paralleling of the Joseph narratives to the stories relating to the betrayal of their savior. Therefore, Rashbam wrote that the brothers did not sell Joseph in order to upset the parallels Christians were trying to create. Touitou further suggests that Rashbam waited until Vayyeshev to discuss his peshat methodology precisely because of the importance of anti-Christian polemics behind his emphasis on peshat.

Though stimulating, Touitou’s hypothesis is unconvincing. Why did Rashbam fail to introduce the importance of peshat during so many earlier stories in Genesis also associated with polemics? More significantly, Touitou attempts to bolster his thesis by asking, “Is it reasonable that Rashbam would deviate from such an established interpretation,” and by wondering whether the text alone really would have motivated Rashbam (p. 230). These questions essentially eliminate peshat study, and reduce all novel interpretations to polemical responses.

Nehama may have been unnecessarily harsh on Rashbam for his explanation of Moses’ dropping the tablets out of exhaustion. However, that overly critical viewpoint appears to be a small price to pay for what otherwise might lead to the overlooking of a genuine text issue by relativizing an interpretation to historical circumstances. Nehama devoted an entire iyyun to the sale of Joseph, demonstrating how Rashbam derived his opinion from the text, and also how many later commentators adopted his approach.[28] While Rashbam’s original reading subsequently could have been useful to counter Christian arguments, there is no reason to believe that polemics are what motivated Rashbam in this instance. His interpretation is reasonable, if not likely, in peshat.

For that matter, Nehama’s ascribing Rabbi Judah Halevi’s interpretation of the Golden Calf episode to his love of Israel also leads to this problem. Many later commentators, from Ibn Ezra until Amos Hakham (Da’at Mikra), adopted the Kuzari’s general explanation as peshat in the narrative. By suggesting that Rabbi Judah Halevi was motivated by his love of Israel, Nehama sidestepped an important peshat debate that continues until today.

            After all this discussion, it seems that one must modify Nehama’s earlier comments only slightly: In her study of Rashi’s selection of Midrashim, she should have written that Rashi generally cited Midrashim to address textual concerns, but occasionally allowed his overarching role as Jewish educator to supersede technical peshat considerations (as argued by Gelbard, Gottlieb, and Grossman). In her iyyun on Moses’ shattering the tablets, Nehama might have extolled Rashbam as a religious leader[29] or omitted his comments, rather than sharply rejecting them.

However, Nehama’s general approach still holds true: one always must begin by searching for text motivations for mefarshim. Only in cases where a pashtan does violence to the text, or when consistent exegetical patterns can be demonstrated, should one look elsewhere for possible motivations—and these must be evaluated on a case-by-case basis. It is preferable to adopt Nehama’s original position as a starting point, rather than to lose any dimension of the Torah itself.

 

Nehama’s Avoidance of Diachronic Surveys of Parshanut

 

Uriel Simon’s essay surveys mefarshim in chronological sequence, paying close attention to who had which commentaries before him (pp. 241–261). At the same time, he remains focused on text-based questions.

In her iyyun addressing why Joseph never contacted his family during his 22-year stay in Egypt, and Joseph’s ostensibly vengeful behavior toward his brothers, Nehama wrote that all commentators addressed these issues.[30] Simon criticizes Nehama for saying that “all commentators” dealt with her questions—this simply is not true (p. 244). Simon then surveys Jewish interpretation from the Second Temple period through Abarbanel, demonstrating the impact of earlier writers on later writers, particularly with respect to the initial questions they asked when addressing the text. Simon demonstrates that without a diachronic study, one cannot appreciate the unique contributions of each commentator on a given issue.

Simon’s essay is valuable, but it still leaves Nehama’s iyyun intact—as an ahistorical study. Simon’s discussion of the development of the ideas complements Nehama’s exclusive text study and the relevance of the text to Jews today. Nehama did not stress the contributions of individual commentators, because she focused on the text itself.

 

Nehama’s Reluctance to View Tanakh in Historical Context[31]

 

Moshe Ahrend observes that Nehama drew on a wide variety of sources, but generally avoided ancient Near Eastern sources (p. 47). Nehama appears to have been concerned that whatever benefits might be derived from such inquiry could be neutralized by the religious dangers inherent in considering a divine text in light of human-authored parallels.[32]

In addition to this motivation for Nehama’s reluctance, her avoidance of ancient Near Eastern texts fits into her overall approach of eschewing the placing of Tanakh and mefarshim into historical frameworks. Yisrael Rozenson observes that even in those few instances when Nehama did refer to the historical setting of the Torah, she generally mined the parallels for psychological insight.[33] For example, Nehama cited the debate between Rashi and Ibn Ezra on Pharaoh’s “readying his chariot” (Exod. 14:6): Rashi wrote that Pharaoh did so himself, whereas Ibn Ezra assumed that Pharaoh ordered his attendants to perform that labor. In support of Rashi’s interpretation, Nehama cited James B. Pritchard’s Ancient Near Eastern Texts, which mentions that Thutmose III of Egypt personally went to the forefront of his battalion.[34] However, Nehama was not trying to bring a precedent to support Rashi’s interpretation from a parallel context. She was bolstering the timeless, psychological interpretation of royal initiative as illustrated by Rashi. In her iyyun, Nehama then quoted a second “proof” for Rashi—King Abdullah’s personally firing the first shot during Israel’s War of Independence!

 

Nehama in Her Context[35]

 

Nehama, of course, also reacted to the realities of her own time. She saw a troubling rate of assimilation among Jews. This may have factored into her emphasis on mitzvah observance, personal responsibility, psychological issues, and repentance, rather than abstract theological issues (see Cohn, p. 103; Horowitz, p. 207). Nehama accentuated these matters to the extent that they rightfully merit entire articles in Pirkei Nehama. Menahem Ben-Yashar addresses psychological-educational issues in Nehama’s writings, Menahem Ben-Sasson analyzes Nehama’s stress on repentance, and Erella Yedgar surveys Nehama’s teachings of personal and interpersonal responsibility.[36]

Gavriel H. Cohn contrasts Nehama’s approach with the one prevalent among secular Zionists, who studied Tanakh as ancient history and who placed archaeology at the forefront of their study (p. 27). Nehama’s blanket avoidance of those dimensions is better understood in this context. Nehama emphasized the eternal relevance of the Torah, not its setting in the ancient world.

            As Rivka Horowitz points out, Nehama realized that secular biblical scholarship often was inimical to traditional values and did not always value the meaning of each and every word in Tanakh. Could it be that Nehama’s unusually sharp attacks against the “rodfei ha-peshat” (where Rashbam, Ibn Ezra, and Radak bear the brunt of her criticism) were also a veiled polemic against these secular scholars?

Like all traditionalists, Nehama believed that Jewish values emerge from the text of the Torah. She also considered any deviations from peshat a compromise to one’s interpretation. Rashi was her ideal commentator, because he noticed the finest text nuances and tried to capture their religious messages. Perhaps her extreme assertion that Rashi cited Midrashim exclusively motivated by the text emerged from her confidence that Rashi shared her own approach (cf. Ahrend, pp. 44–45; Cohn, p. 97). As several writers in Pirkei Nehama have demonstrated, however, many earlier mefarshim—even Rashi—balanced textual and religious agendas in their commentaries.

 

Conclusion

 

The writers in Pirkei Nehama convincingly demonstrate that Nehama’s principles of interpretation are limiting on several fronts. By downplaying the role of historical context, one loses dimensions of the Sages and later commentators as teachers and spiritual guides in history (Gottlieb, Grossman, Touitou). By treating all commentators synchronically, one does not appreciate the development of ideas over time, or the contributions of individual exegetes (Simon). By ignoring the historical setting of Tanakh, one forfeits the gains that parallel Near Eastern sources offer (Ahrend, G. Cohn). In a majority of these instances, however, Nehama appears to have consciously sacrificed those dimensions of Tanakh study in favor of the living discussions and evaluations made possible by her synchronic, non-historical focus.

Returning to the premise of Simon’s article, much of our discussion revolves around the formulation of one’s questions. Nehama asks: What does the Torah, as a divinely revealed, living document, teach us? How can Midrashim and mefarshim highlight these lessons? Simon asks: How has a given text been interpreted historically? When did different questions and ideas first appear in Jewish exegesis? What influence did earlier commentators have on later commentators? Grossman and Touitou ask: How did Rashi, Rashbam and others use their commentaries to promote their religious ideals in medieval Christian Europe?

Let us return to Rashi’s treatment of “Anokhi. Esav bekhorekha.” In a study parallel to his own on the Joseph narratives, Uriel Simon would quote Rashi’s comment with its midrashic antecedents, and then show how later commentators generally rejected this interpretation as being distant from peshat. Avraham Grossman and Elazar Touitou would cite this comment of Rashi as proof that he was addressing polemical issues. Alternatively, or as a complementary suggestion, they could maintain that Rashi was offering an educational lesson in the greatness of biblical heroes.[37]

For Nehama, though, these discussions may be important for understanding Rashi, but they are not relevant to a peshat understanding of the Jacob narratives. According to Nehama, the Torah teaches that Jacob erred in his deception, and paid a heavy price for it.[38] So naturally, she omitted Rashi’s comments, which do not fit the peshat of the text.[39] A comment by Rashi such as this one undermines Nehama’s sweeping assertion in her study of Rashi’s methodology, where Rashi is the primary source. But her iyyun, where the Torah is the primary source, should not be, and is not, affected at all.

Ultimately, the tension between viewing mefarshim as secondary or primary sources always will remain. At the same time, however, the related disciplines ideally will grow together, shedding light on each other’s insights. Our task is to remain fully conscious of these different perspectives, what each can contribute, and the strengths and limitations of each viewpoint. The essays in this volume successfully bring many of these issues into sharp focus.

            Pirkei Nehama is a meaningful tribute to Nehama, exploring and evaluating her contributions to Tanakh and parshanut, her methodology, and her educational techniques. We may now better appreciate her work in its historical context and her learning and educational methods. We can appreciate the areas of inquiry generally missing from her approach. Most importantly, Nehama’s legacy will not be found primarily in her contributions to our understanding of the mefarshim; it is in her peerless ability to use the teachings of our Sages and commentators to guide us lovingly through every nuance of the eternally relevant Torah.

 

Notes

 

 

[1] This article appeared in Tradition 38:4 (Winter 2004), pp. 112–128. Review of Pirkei Nehama: Nehama Leibowitz Memorial Volume, ed. Moshe Ahrend, Ruth Ben-Meir and Gavriel H. Cohn (Jerusalem: Eliner Library, The Joint Authority for Jewish Zionist Education, Department for Torah and Culture in the Diaspora, 2001); reprinted in Angel, Through an Opaque Lens (New York: Sephardic Publication Foundation, 2006), pp. 56–76; revised second edition (New York: Kodesh Press, 2013), pp. 39–59; Angel, Peshat Isn’t So Simple (New York: Kodesh Press, 2014), pp. 36–57.

I thank my students Shlomo Koyfman and Yehuda Kraut for reading earlier drafts of this essay and for their helpful comments. I am also indebted to my teachers Professor David Berger and Rabbi Shalom Carmy, who read later drafts of the essay and recommended several important revisions.

[2] Limmud Parshanei ha-Torah u-Derakhim le-Hora’atam: Sefer Bereshit (Hebrew), (Jerusalem: The Joint Authority for Jewish Zionist Education, Department for Torah and Culture in the Diaspora, 1975), introduction, p. 1.

[3] Several writers in Pirkei Nehama stress Nehama’s emphasis on evaluating earlier opinions against the biblical text. See, for example, Gavriel H. Cohn, pp. 26–27; Moshe Ahrend, p. 36. Moshe Sokolow devotes much of his essay to this theme as well (pp. 297–306), quoting Nehama’s remark to a student: “We are not Catholics; we do not have a pope to rule who is correct” (p. 297).

[4] Nehama preferred to accentuate the multidimensionality of the biblical text, rather than limiting herself to finding only one peshat. See, for example, Gavriel H. Cohn, p. 28.

[5] In this review, we will consider the following essays: Gavriel H. Cohn, “How I Love Your Torah” (pp. 25–30); Moshe Ahrend, “From My Work with Nehama, of Blessed Memory” (pp. 31–49); David Zafrany, “Nehama Leibowitz z’l’s Methodology in Adducing Rabbinic Statements” (pp. 71–92); Gavriel H. Cohn, “Midrashic Exegesis in the Torah Enterprise of Nehama Leibowitz” (pp. 93–108); Yitzhak Gottlieb, “‘Why is it Juxtaposed’ in Rashi’s Commentary” (pp. 149–175); Shemuel P. Gelbard, “Aggadah Explains the Bible” (pp. 177–185); Avraham Grossman, “Religious Polemic and Educational Purpose in Rashi’s Commentary on the Torah” (pp. 187–205); Rivka Horowitz, “Nehama Leibowitz and the 20th Century German Jewish Exegetes: Martin Buber, Franz Rosenzweig, and Benno Jacob” (pp. 207–220); Elazar Touitou, “Between ‘The Plain Sense of the Text’ and ‘The Spirit of the Text’: Nehama Leibowitz’s Relationship with Rashbam’s Commentary on the Torah” (pp. 221–240); Uriel Simon, “The Exegete Is Recognized Not Only Through His Approach But Also Through His Questions” (pp. 241–261); Moshe Sokolow, “Authority and Independence: Comparisons and Debates in Nehama’s Teaching” (pp. 297–306); Amos Frisch, “A Chapter in Nehama’s Teaching: Regarding ‘Repeating Structures’ in Biblical Narrative” (pp. 313–323). All page references to their articles refer to the pagination in Pirkei Nehama.

[6] See, for example, Nehama’s treatment of Rashi and Rashbam to Exod. 3:10–12, in Iyyunim Hadashim be-Sefer Shemot (Jerusalem: World Zionist Organization, Dept. for Torah Education and Culture in the Diaspora, 1969), pp. 54–57. Surveys of traditional understandings of the term “peshat” can be found in Menahem M. Kasher, Torah Shelemah, vol. 17 (1956), pp. 286–312; David Weiss-Halivni, Peshat and Derash: Plain and Applied Meaning in Rabbinic Exegesis (New York-Oxford: Oxford University Press, 1991), pp. 52–88; Moshe Ahrend, “Towards a Definition of the Term, ‘Peshuto Shel Mikra,’” (Hebrew), in Ha-Mikra be-Re’i Mefarshav: Sara Kamin Memorial Volume, ed. Sara Japhet (Jerusalem: Magnes Press, 1994), pp. 237–261.

[7] In her article on Ramban’s methodology, Ruth Ben-Meir (“Towards the Exegetical Approaches of Ramban” p. 125, n. 2) notes that Nehama quoted Ramban second only to Rashi.

[8] Several writers in Pirkei Nehama make reference to Nehama’s citation of non-Orthodox scholars. See Mordechai Breuer (“Prof. Nehama Leibowitz, a’h”), p. 18; Gavriel H. Cohn, p. 28 (in n. 9, he notes that of the non-traditional sources Nehama used, they still generally were Jewish); Moshe Ahrend, p. 36. See also Aviad HaKohen, “‘Hear the Truth from the One Who Says It,’ This is the Great Principle of Nehama Leibowitz’s Torah” (Hebrew), Alon Shevut 13 (1999), pp. 71–92.

[9] See pp. 657–658 for the text of Nehama’s response to Rabbi Yehuda Ansbacher from 1980. In that letter, Nehama defended her drawing from the work of non-Orthodox scholars, including the fact that she was more impressed by Benno Jacob’s rebuttals of Higher Biblical Criticism than even those of R. David Zvi Hoffmann. Although some have insisted that Benno Jacob and Martin Buber were more traditionally oriented because Nehama cited them, Nehama’s letter makes it clear that she used their works because she learned from them. The final section of Pirkei Nehama contains primary sources and personal reminiscences that do not constitute a biography of Nehama, but do contribute toward seeing her work in the context of her life.

[10] “The Religious Significance of the Peshat,” Tradition 23:2 (Winter 1988), p. 52.

[11] See Ish ha-HalakhahGalui ve-Nistar (Jerusalem: The World Zionist Organization—Dept. for Torah Education and Culture in the Diaspora, 1989), p. 232; cf. Al ha-Teshuvah (Jerusalem: The World Zionist Organization—Dept. for Torah Education and Culture in the Diaspora, 1978), p. 296.

[12] Yisrael Rozenson, “The Exegete, the Interpretation, and History: An Observation on Nehama Leibowitz’s Exegetical Approach” (Hebrew), in Al Derekh ha-Avot: Thirty Years of Herzog College, ed. Amnon Bazak, Shemuel Wygoda, and Meir Monitz (Alon Shevut: Tevunot Press, 2001), pp. 434, 437.

[13] The article first appeared in Iyyunim Hadashim be-Sefer Shemot, pp. 497–524. It was translated into English by Alan Smith, in Torah Insights (Jerusalem: Eliner Library, The Joint Authority for Jewish Zionist Education, Department for Torah and Culture in the Diaspora, 1995), pp. 101–142.

[14] Elazar Touitou, “Between Interpretation and Ethics: The Worldview of the Torah According to Rashi’s Commentary” (Hebrew), in Ha-Mikra be-Re’i Mefarshav: Sara Kamin Memorial Volume, ed. Sara Japhet [Jerusalem: The Magnes Press, 1994], pp. 322–329) cites examples where Rashi drew from a Midrash, but altered the rabbinic formulation, probably to fit his own educational agenda. Cf. David Zafrany (pp. 71–92), who analyzes Nehama’s citation of Midrashim including instances when she purposefully altered rabbinic formulations.

[15] “Rashi’s Criteria for Citing Midrashim,” in Torah Insights, pp. 101–105.

[16] Nehama agreed that Rashi’s quoting a Midrash when there is a text difficulty is not the same as his asserting that this Midrash is to be considered the peshat. See her essay on Rashi’s citing Midrashim (Torah Insights, p. 132): “We will bring one further eminent example to support our thesis that Rashi only cites a Midrash when he encounters a difficulty in the verse which he cannot explain in a simple (peshat) fashion.” Cf. Yitzhak Gottlieb (p. 149, n. 3).

[17] See Yitzhak Baer, “Rashi and the Historical Realities of His Time” (Hebrew), Tarbiz 20 (1949), pp. 320–332; Elazar Touitou, “The Historical Background of Rashi’s Commentary on Parashat Bereshit” (Hebrew), in Rashi: Iyyunim be-Yetzirato, ed. Zvi Aryeh Steinfeld (Ramat-Gan: Bar Ilan University Press, 1993), pp. 97–105; Elazar Touitou, “Between Interpretation and Ethics: The Worldview of the Torah According to Rashi’s Commentary” (Hebrew), in Ha-Mikra be-Re’i Mefarshav: Sara Kamin Memorial Volume, ed. Sara Japhet (Jerusalem: The Magnes Press of Hebrew University, 1994), pp. 312–334.

[18] For documentation of Rashi’s polemical interpretations outside of the Torah (especially on Isaiah and Psalms), see Yehuda Rosenthal, “The Anti-Christian Polemic in Rashi’s Commentary on Tanakh” (Hebrew), in Rashi: Torato ve-Ishiyuto, ed. Shimon Federbush (New York: World Jewish Congress, and the Department of Education and Torah Culture of the Jewish Agency, 1958), pp. 45–59; Avraham Grossman, “Rashi’s Commentary to Psalms and the Anti-Christian Polemic” (Hebrew), in Mehkarim be-Mikra u-be-Hinnukh: In Honor of Moshe Ahrend, ed. Dov Rappel (Jerusalem: Touro College, 1996), pp. 59–74; Avraham Grossman, “The Commentary of Rashi on Isaiah and the Jewish-Christian Debate,” in Studies in Medieval Jewish Intellectual and Social History: Festschrift in Honor of Robert Chazan, ed. David Engel et al. (Leiden: Brill, 2012), pp. 47–62. See also Avraham Grossman, “The Jewish-Christian Polemic and Jewish Biblical Exegesis in Twelfth Century France” (Hebrew), Zion 51 (1986), pp. 29–60, which deals primarily with Kara’s involvement in polemics (see p. 29, n. 1 for further bibliography of scholarly literature). Shaye J. D. Cohen maintains that although Rashi certainly polemicized against Christianity in his commentary on Nakh, there is no evidence that he did so in his commentary on the Torah (“Does Rashi’s Torah Commentary Respond to Christianity? A Comparison of Rashi with Rashbam and Bekhor Shor,” in The Idea of Biblical Interpretation: Essays in Honor of James L. Kugel, ed. Hindy Najman and Judith M. Newman [Leiden & Boston: Brill, 2004], pp. 449–472.)

[19] It is noteworthy that in her article, Nehama dealt exclusively with Rashi’s commentary on the Torah, and specifically not on Nakh (see Torah Insights, p. 108, and p. 136, n. 5).

[20] For further discussion of Jacob’s deception in medieval polemics, see David Berger, “On the Morality of the Patriarchs in Jewish Polemic and Exegesis,” in Modern Scholarship in the Study of Torah: Contributions and Limitations, ed. Shalom Carmy (New Jersey: Jason Aronson Inc., 1996), pp. 131–146. Prof. Berger (private communication) adds that it is not always easy to distinguish a “polemical” motive from a more general visceral dislike of Esau and his descendants.

[21] For discussions of the origins of the Edom-Rome-Christianity link in Jewish literature, see Gerson Cohen, “Esau as Symbol in Early Medieval Thought,” in Jewish Medieval and Renaissance Studies, ed. Alexander Altmann (Cambridge, MA: Harvard University Press, 1967), pp. 19–48; Yair Hoffmann, “Edom as a Symbol of Wickedness in Prophetic Literature” (Hebrew), in Ha-Mikra ve-Toledot Yisrael (Festschrift Yaakov Liver), ed. Binyamin Uffenheimer (Tel-Aviv: Tel-Aviv University Press, 1972), pp. 76–89; Moshe Sokolow, “Esav: From Edom to Rome,” in Mitokh Ha-Ohel: From within the Tent: The Haftarot, ed. Daniel Z. Feldman and Stuart W. Halpern (New York: Yeshiva University Press, 2011), pp. 65–77; Solomon Zeitlin, “The Origin of the Term Edom for Rome and the Roman Church,” Jewish Quarterly Review 60 (1970), pp. 262–263.

[22] Grossman has since published a book-length study on Rashi’s educational objectives: Emunot ve-De’ot be-Olamo shel Rashi (Hebrew) (Alon Shevut: Tevunot, 2008).

[23] Shemuel P. Gelbard, “Rashi’s Objectives in His Commentary to the Torah” (Hebrew), Megadim 33 (2001), pp. 59–74.

[24] See also Elazar Touitou, “The Meaning of the Term ‘Teshuvat ha-Minim’ in the Writings of Our French Rabbis” (Hebrew), Sinai 99 (1986), pp. 144–148.

[25] Iyyunim Hadashim be-Sefer Shemot, pp. 395–397.

[26] Iyyunim Hadashim be-Sefer Shemot, pp. 428–429.

[27] Touitou elaborates on Rashbam’s treatment of the Golden Calf episode in “Peshat and Apologetic in Rashbam’s Commentary to the Moses Narratives in the Torah” (Hebrew), Tarbiz 51 (1982), pp. 236–237. Prof. David Berger (private communication) considers Touitou’s explanation attractive, but is unsure that the Christological understanding of the breaking of the tablets is prominent enough to account for such a radical departure from peshat. One must at least consider the possibility that Rashbam was troubled that Moses would destroy the most unique, holy, and apparently irreplaceable object in the world just because Jews were sinning.

[28] Iyyunim be-Sefer Bereshit (Jerusalem: World Zionist Organization, Dept. for Torah Education and Culture in the Diaspora, 1966), pp. 279–288.

[29] Cf. Nehama’s sympathetic treatment of Abarbanel’s deviation from peshat in Iyyunim be-Sefer Devarim (Jerusalem: World Zionist Organization, Dept. for Torah Education and Culture in the Diaspora, 1995), pp. 60–61.

[30] Iyyunim be-Sefer Bereshit, pp. 325–328.

[31] For a survey of medieval approaches to the historical aspect of Torah, see Uriel Simon, “Peshat Exegesis of Biblical History—Between Historicity, Dogmatism, and the Medieval Period” (Hebrew), in Tehillah le-Moshe: Biblical and Judaic Studies in Honor of Moshe Greenberg, ed. Mordechai Cogan, Barry L. Eichler and Jeffrey Tigay (Winona Lake, IN: Eisenbrauns, 1997), Hebrew section, pp. 171*–203*.

[32] Moshe Sokolow relates that “when invited by Da’at Mikra to prepare their commentary on Bereishit, Nehama declined. When I asked her why, she replied: Because I don’t know the ancient Near East! When I pointed out that she always hastened to eschew ancient Near Eastern texts, she clarified: One can understand Bereishit without the ancient Near East, but one cannot write a commentary on Bereishit without it” (Studies in the Weekly Parashah Based on the Lessons of Nehama Leibowitz [Jerusalem: Urim, 2008], pp. 274–275). For an article discussing some implications of the use of ancient Near Eastern sources in Orthodox biblical scholarship, see Barry L. Eichler, “Study of Bible in Light of Our Knowledge of the Ancient Near East,” in Modern Scholarship in the Study of Torah: Contributions and Limitations, ed. Shalom Carmy (Northvale, NJ: Jason Aronson Inc., 1996), pp. 81–100.

[33] “The Exegete, the Interpretation, and History,” pp. 448–449.

[34] Iyyunim Hadashim be-Sefer Shemot, pp. 183–188.

[35] For a biography of Nehama that also explores trends in her thought, see Yael Unterman, Nehama Leibowitz: Teacher and Bible Scholar (Jerusalem: Urim, 2009).

[36] Menahem Ben-Yashar, “Psychological and Educational Dimensions in Nehama Leibowitz’s Exegesis” (pp. 341–355); Menahem Ben-Sasson, “Repentance in Nehama Leibowitz’s Iyyunim: A Study in the Educational Purpose of the Iyyunim” (pp. 357–368); Erella Yedgar, “Personal and Interpersonal Responsibility in the Writings of Nehama Leibowitz: A Study in Her Value-Educational Agenda” (pp. 377–406).

[37] Avraham Grossman (“The Jewish-Christian Polemic and Jewish Biblical Exegesis in Twelfth Century France” [Hebrew], Zion 51 [1986], pp. 50–52) addresses medieval rabbinic defenses of biblical heroes in light of polemical considerations. Cf. David Berger, “On the Morality of the Patriarchs in Jewish Polemic and Exegesis,” in Modern Scholarship in the Study of Torah: Contributions and Limitations, ed. Shalom Carmy (New Jersey: Jason Aronson Inc., 1996), pp. 131–146.

[38] Iyyunim be-Sefer Bereshit, pp. 185–192.

[39] After dismissing Rashi’s interpretation of “Anokhi. Esav bekhorekha,” Ibn Ezra (on Gen. 27:19) defended Jacob’s behavior on the grounds that the ends justify the means in this instance. This interpretation leads to a remarkable irony: Ibn Ezra’s rejection of Rashi’s explanation was based on his (correct) assumption that Rashi was compromising peshat learning. But Rashi (at least according to Grossman) made this “compromise” in order to save Jewish souls—the ends of saving souls justified the means of “deceitfully” providing an unsound interpretation. Rashi’s greatest supporter, then, would be Ibn Ezra’s justification of Jacob’s behavior! For Nehama, however, neither approach was acceptable. Jacob himself was wrong in his deceit (see Iyyunim be-Sefer Bereshit, pp. 185–192), and Rashi likewise would never (in her judgment) deviate from peshat for non-textual religious agendas.

S. Y. Agnon: Thoughts on a Great Israeli Writer

On December 10, 1966 Shmuel Yosef Agnon, the great Israeli Hebrew writer, delivered a speech at the Nobel banquet on the occasion of his having been awarded the Nobel Prize for Literature. Quoting from the Bible, the Jewish Prayer book and rabbinic tradition, Agnon was as clear as possible that he was a Jew, a faithful Jew steeped in Judaism. He pointed out the dilemma of the Jewish People living centuries in Exile, and now struggling to find their way back to their ancient homeland in Israel.  “As a result of the historic catastrophe in which Titus of Rome destroyed Jerusalem, and Israel was exiled from its land, I was born in one of the cities of the Exile. But always I regarded myself as one who was born in Jerusalem.” As he concluded his remarks, he said: “If I am proud of anything, it is that I have been granted the privilege of living in the land which God promised our forefathers to give us.”

Agnon (1887-1970) was born in Buczacz, then part of the Austro-Hungarian Empire, now Buchach, Ukraine. His original family name was Czaczkes. In 1908 he emigrated to Jaffa in the land of Israel. In 1913 he moved to Germany where he married Esther Marx; they had two children. The businessman and publisher, Salman Schocken, became Agnon’s literary patron and freed him from financial worries. In 1924, a fire broke out in Agnon’s home, destroying his manuscripts and library. Shortly thereafter he and his family moved to Jerusalem where he continued his career as a prolific Hebrew writer.

Agnon’s work is laced with biblical and Talmudic passages. His stories and novels did not always have powerful or complicated plots; rather, it was his style of writing that engages the reader. He is calm, wise, gentle. He tells his stories as though he is talking to you in his living room over a cup of tea, without pretensions or pomposity. The reader comes to see Agnon as an older, wiser friend…someone whose memories and thoughts have weight.

In his book, A City in its Fullness, he offers a nostalgic account of the town in which he was born and raised. His stories were about “former days, when the town stood in peace.” Agnon comments: “I was able to tell the things calmly and not in sorrow, and one would not have known from my voice what had happened to my town—that all the Jews in it had been killed. The Holy One, blessed be He, has been gracious to Israel: even when we remember the greatness and glory of bygone days, our soul does not leave us out of sorrow and longing. Thus a man like me can talk about the past, and his soul doesn’t pass out of him as he speaks” (p. 10).

There is irony in his words. He notes that all the Jews of the town were murdered, but then refers to the graciousness of the Holy One, blessed be He! How was the Almighty “gracious to Israel?” He lets them recount the past, including the tragedies, without dying of sorrow! Is Agnon speaking piously, in profound resignation to the will of God? Or is he mocking the notion of God’s being “gracious to Israel?”  Agnon was indeed a religious man; but he was not at peace with God’s treatment of the Jews.

 In spite of their sufferings in Buczacz, the Jews loved their birthplace. But after World War I, life became increasingly unbearable. Poverty was rampant. The government made constant decrees to the detriment of the Jews. “The old took comfort in the fact that they would soon die and not much longer have to endure their afflictions; they would be buried in the city where their ancestors were buried. The young looked toward the four corners of the earth for a place where they would be allowed to live. And the fewest of these few prepared to emigrate to the Land of Israel in order to work its land and to establish for themselves and their descendants a haven where they could be free of the yoke of Exile, which has been Israel’s burden since the day it left its land. Meanwhile, each saw himself living in the land of his birth as but a guest for the night” (pp. 560-61). This was the eternal Jewish dilemma—to be living in places of Exile for generations but always feeling as strangers. Agnon saw the return to the Jewish homeland in Israel as the key to Jews finally feeling really at home in the world.

In his book, A Guest for the Night, he describes having returned to his old town in Europe, that was now in terrible straits after the first World War. “I went to the Beit Midrash and stood before the locked door. Many thoughts passed through my mind in a short time, and this is one of them: the Beit Midrash still exists, but I am standing outside, because I have lost the key and cannot get in” (p. 83). He found a locksmith to make a new key for the Beit Midrash. He hired someone to keep the fire burning in the fireplace so that the place was warm. Slowly, men began to gather again in the Beit Midrash, if only to stay warm on cold winter days. The Jews had been living in this town for generations; the Beit Midrash was coming back to life.

And yet, this was still the Exile. The authorities had the power to oppress the Jews, even to expel them. “I was born in this town and spent most of my youth here—but an official, who was not born here and has done nothing here but enjoy the best the town can give, may come along and tell me: Go, you belong to another country and you have no permission to stay with us. I thought of my forefathers, whose bones are interred in the town’s graveyard….I thought of my other relatives who had bestowed many benefits on the townsfolk—and now the authorities, who inherited all these benefits, could come and expel me from the town” (p. 110).

When he ultimately returned to the land of Israel, he had inadvertently also brought a key to the Beit Midrash with him. He put the key in a box and locked it; he made a necklace and wore it around his neck. He recalled the Midrash that in messianic days, the synagogues and study halls of the diaspora will be miraculously transported to the holy land of Israel. But when will the messiah bring this redemption?  The key “is made of iron and brass, and it can wait, but I, who am flesh and blood, find it hard to endure” (pp. 508-9).

Agnon wonders about the sense of security felt by some Jews living outside the holy land. He tells the story of Mr. Lublin who lived in Leipzig and became a German citizen. Mr. Lublin wasn’t particularly observant religiously, and worked hard in his store to make a living and be a good citizen. Mr. Lublin believed that “Germany sees that all of us, all Germany’s Jewish citizens, sacrifice our children and our wealth for its war against the enemy, and is it possible that after all this they will still deprive us of our rights? Isn’t this so? Why are you looking at me like that?” (In Mr. Lublin’s Store, p.189). Why? Because the narrator (Agnon) thought Mr. Lublin was naïve to trust that the Germans would actually treat Jews fairly, as loyal citizens. No matter how many sacrifices Jews made on behalf of Germany, they were still always going to be victims, always strangers, always mistrusted. Exile was exile. Period.

Agnon has a particular nostalgia for authentic prayer. In his story “Hemdat the Cantor,” he describes how Hemdat ascended the prayer desk on the night of Yom Kippur. “And when he came to the pulpit he gripped it with his two hands, and cried out “’Oi!’ As if it were all-devouring fire. A sudden awe fell upon the entire congregation and all rose and stood and trembled….Hemdat raised his head, his eyes closed and compressed, groping in the air, his eyeglasses swimming in tears….He covered his face with his tallit down to his heart, and he began to give voice, every time in a melody sweeter than the last. Then I understood what Father meant when he said, He who has heard the Kol Nidrei of Hemdat, knows what Kol Nidrei is” (p. 58). The people were uplifted by Hemdat’s prayers. “For Hemdat prayed in awe and fear and feeling and with a broken heart, for Israel the holy nation, who sought to return to Him with a whole heart” (p. 59).

In reminiscing about his hometown of Buczacz, he tells of a man who recited the Musaf and gave him “a real taste of prayer.” The prayer leader had a pleasant voice, but “it wasn’t a voice we heard; it was prayer” (p. 100). The heartfelt longing and yearning of sincere prayer was what inspired Agnon. He was not impressed with external shows of praying, but with actual reaching out to God. In his book, To This Day, he quotes a woman: “’An intellectual’”, she said, ‘is someone who can recite Psalms without tears.’ I couldn’t have put it any better myself” (p. 53).

Agnon was prayerful, even as he realized that he was living in an unredeemed world, where God’s mercy was not always evident. He named one of his books To This Day “in the language of thanksgiving for the past and of prayer for the future. As it says in the Sabbath morning service: To this day have Thy mercies availed us and Thy kindness not failed us, O Lord our God. And mayst Thou never abandon us ever” (p. 175).

Agnon’s writings are sprinkled with wise insights that invite us to ponder his words. In describing a young man who rediscovered the Hebrew language and his connection with the land of Israel, Agnon writes: “he is meticulous with language and meticulous in all his actions. His hair is wild, but his thoughts are orderly. His clothes are in tatters, but his soul is intact” (Shira, p. 176). In his short story, “The Night,” he notes: “But there are guests who come no matter how tightly one’s door is shut, as they are the thoughts surrounding our actions.” And in his story “Between Two Towns” he meditates: “The good Lord created a vast world, with many people in it whom He scattered wide, giving each place its singular quality and endowing every man with singular wisdom. You leave home and meet people from another place, and your mind is expanded by what you hear.” 

And poignantly, he writes of “two Austrians who meet outside of town and one says to the other, ‘where are you going? And the other replies, ‘I’m off to the forest to be alone.’ ‘Why, I also want to be alone,’ exclaims the first. ‘Let’s go together’” (“In the Prime of Her Life”). This might serve as Agnon’s invitation to readers: I want to be alone, but I want you to come along with me so we can be alone together.  

Rabbi Hayyim Angel served as scholar-in-residence in Pittsburgh

Over Shabbat, May 16-17, Rabbi Hayyim Angel served as scholar-in-residence in Congregation Shaare Torah, in Pittsburgh, PA. He delivered four talks, blending the synthesis of traditional and academic approaches to Tanakh and also highlighting how learning more about Sephardic and Ashkenazic (and other) customs enriches us all. This Shabbat was yet another opportunity to reach communities nation-wide with our outlook and ideology at the Institute.

Rabbi Hayyim Angel's next stops will be: Congregation Shaare Tefillah, Teaneck, NJ; and Young Israel of Oak Park, Michigan. Stay tuned for more information!

Remembering Rabbi Dr. David Weiss Halivni

 

 

R. David Weiss Halivni [1927-2022] was not just a gadol ha-dor, a great sage of our generation, but he was a gadol ha-dorot, a Torah scholar whose impact will likely transcend his own time and culture horizon. Best known for his breathtakingly monumental Meqorot u-Mesorot [Sources and Traditions], his multi-volume, academic commentary on the Babylonian Talmud, R. Halivni has also written monographs on the Holocaust,[i] the difference between the plain or originalist sense of the canonical Torah and how the Torah was subsequently understood by the Oral Torah library,[ii] and the challenge that Bible Criticism poses for the Judaism of Tradition that is identified as “Orthodox.”[iii]

R. Halivni most significant finding relates to the teaching that Ravina I and R.  Ashi were the last rabbis to be authorized to issue hora’ah,[iv] or apodictic legislation. Contrary to traditional belief, R. Halivni argues that they were not the actual editors or compilers of the Babylonian Talmud.  Instead, R. Halivni maintains that the Babylonian Talmud was not formally edited,[v]  but emerged out of the literary and exegetical work of the stamma’im, whose anonymous, Aramaic, casuistic, clarifying discourse expanded and reconstructed the historically earlier Hebrew, apodictic, Amoraic teachings they inherited.[vi] 

My first connection with R. Halivni goes back to 1968. At R. Halivni’s son, Baruch’s, bar mitsvah at the Jewish Theological Seminary’s [henceforth, JTS] Synagogue, the 13 year old prodigy delivered a discourse on the propriety of wearing tefillin on the intermediate festival days.  As a first year student at the JTS’s Rabbinical School, I understood nothing of Baruch’s presentation, a most humbling experience.

Only JTS’s most talented, Talmudically proficient, entering rabbinical students were assigned to R. Halivni’s class, and I was not an appropriate candidate for that placement. In 1970, Hakham Prof. Jose Faur became my major Torah mentor [rav muvhaq] and at the time I was busy with Judaic studies at JTS and Ph.D. coursework in modern Hebrew literature at NYU. Although not his student, R. Halivni took a personal interest in me. At the senior Rabbinical School dinner of 1973, R. Halivni reminded the graduating students that their mission is to spread Torah observance and learning, not to preach about social action, civil rights, interfaith dialogue, or partisan party politics.  And when R. Halivni teasingly proclaimed that “rabbis ought not to waste their pulpit time and opportunities on book reviews,” his eyes were fixed on me, being trained at JTS to be a Rabbi and at NYU to be a reviewer of Hebrew books.[vii]

When the JTS voted to accept women to its Rabbinical School by faculty vote, some Halakhically committed rabbis and laypeople then seceded from the Conservative Movement[viii] and formed what eventually became the Union for Traditional Judaism, the American UTJ,[ix] with R. Halivni at its helm as its spiritual guide.

The UTJ established a rabbinical ordination program under R. Halivni’s direction, named The Metivta le-Limmudei ha-Yahadut, which in English is  rendered “The  Institute   for Traditional Judaism,” or the  ITJ. The Hebrew/Aramaic name affirmed that the institution is a metivta, a traditional Yeshiva committed to advocating and advancing the Judaism encoded in the classical Halakhah, that applies academic tools to parse and decode Judaism’s sacred library.  In 1991, I was appointed to the ITJ faculty to teach Bible, Hebrew, Aramaic, and Shulhan  ‘Arukh Yoreh De’ah Issur ve-Heter, the  kashrut laws that are the subject of the Orthodox Rabbinical ordination examination.

At the time, I was planning aliyyah and was advised by Rabbi Shlomo Riskin to acquire the Yadin Yadin ordination.[x] R. Halivni graciously agreed to supervise my Yadin Yadin studies, which was daunting, challenging, and thrilling. And as the Reish Metivta, the head of the school, R. Halivni also became my boss, who would examine and evaluate the Issur ve-Heter students whom I was assigned to prepare.

R.  Halivni’s JTS students were advanced academic Talmudists who learned how the Oral Torah literary canon came into being. And at JTS, R. Halivni was rightly honored as an academic professor; at the ITJ, he was cherished both for his immense learning and his profoundly religious character, example, and consistent moral excellence. At the UTJ/ITJ, R. Halivni provided religious as well as academic leadership.

My mission at the UTJ was also only partially academic.  Studying Halakhic compendia[xi] like the Shulhan ‘Arukh in order to prescribe appropriate behavior is a normative enterprise with religious as well as academic significance.  In point of fact, there are actually no official, Bet Din ha-Gadol approved codices in Jewish Law.  Both Maimonides’  Yad and Maran Yosef Karo’s  Shulhan ‘Arukh  are  resource compendia and as such are neither the last nor only word in Jewish Law. R. Halivni’s logical mind forced me to appreciate the dynamic taxonomy of the Halakhah, and he expected those who earned his ordination to think logically as well. 

All but my first farher [traditional oral examination] took place at the Hebrew University Giv’at Ram campus Jewish studies reading rooms of the Israel National Library. R. Halivni’s unofficial but permanent library seat [maqom qavu’a] was at the right side end seat of the first reader’s row of tables, with a small reference library placed neatly before him. This scene recalled his JTS office, where R. Halivni formerly said his shi’ur to his small cadre of advanced students. The walls were lined with both sefarim and books, tomes of sacred as well as secular writings,[xii] in elegant order, meticulously and logically arranged, all to aid in the search for the Torah’s meaning. R. Halivni’s JTS office was a miniature bet midrash, a statement of sacred subversion,[xiii] an island of order and purpose in an ocean of chaotic disorder, a world where there is no apparent Judge or judgment.[xiv] At  Hebrew University’s Giv’at Ram library, R. Halivni was not hidden behind an office door; he naturally assumed the role of informal shoeil u-meshiv, the reference resource person of the bet midrash. In the traditional bet midrash, the shoeil u-meshiv must be conversant with the Babylonian Talmud, the major early commentaries [Rishonim], Maimonides’ Yad compendium, and the Shulhan ‘Arukh with its commentaries. At the large Giv’at Ram Judaica reading room, R. Halivni not only exhibited total control of the entire Rabbinic corpus, occasionally playfully employing the “Brisk”/”analytic” approach, which he did not teach,  as  well as the academic/critical method that he adopted, because he believed that method leads to truth. R. Halivni was also well informed in all fields of academic Judaica. Simply put, undergraduate students, doctoral candidates, and tenured professors all sought out R. Halivni’s memory, expertise, guidance, wisdom, and generosity.

In addition to dispensing information to everyone who asked him for help, R. Halivni also communicated friendship, warmth and personal concern.[xv]  Like his leadership role at the ITJ, at the National Library the professor was also a rebbe. R. Halivni loved  people  because he loved the Torah that requires that the Jew love one’s compatriot with intensity.[xvi] R. Halivni’s ethical deportment and personal warmth generated an atmosphere where secular, academic monographs wafted the scent of sefarim, because they became volumes that make Torah more readable, understandable, and applicable.

R. Halivni also”presided” over the National Library minhah minyan at the campus library.  It would not possibly occur to R. Halivni to seek this unofficial position of honor; the Jewish Studies Library’s attendees saw in R. Halivni an individual who was at once a giant in Torah, a master of academic Judaica, and a model of ethical excellence.[xvii] R. Halivni’s interactions with others provided both academic enlightenment as well as a spiritual thrill to everyone who sought his presence. After the daily minhah minyan and just before our scheduled farher, I asked R. Halivni “why at this minyan is the ‘amidah not repeated, as the repetition is required by an explicit Rabbinic norm?”[xviii]  Pleased that the question was raised, R. Halivni responded, “while one should take the time to say the minhah prayers, the salaried librarians would be stealing time work from their employer, the National Library, were the ‘amidah to be repeated.”  

The quality attention that R. Halivni gave to all comers at the National Library was the same care that he provided to the American UTJ and its Metivta, and it was same care he gave to me, his Yadin Yadin student. R. Halivni provided me with a tutorial in his approach to normative, prescriptive Jewish law. At one session R. Halivni posed the question, “why do we study Torah?” I answered “because it is a mitsvah.” He responded,  
”the ‘Litvaks’ study Torah for the sake of Torah; I study Torah in order to know how to behave.   Torah study is equal to all the other commandments because Torah study shows us how to observe the other commandments.”[xix] I understood him to be saying that proper Torah study is simultaneously a commandment in its own right and also an exercise in ‘avodah, or prayer.   R. Halivni could play at thinking like a Litvak, but his personal religious synthesis remained Hassidic.

Two-thirds of R. Halivni’s two hour farher sessions examined my control of the material assigned for that year’s test, and the last third was a  conversation in learning during which R. Halivni spoke to me as a peer, and not as a novice. He was challenging me to formulate my own Halakhic hermeneutic, and to apply an appropriate jurisprudential methodology.[xx]

My very first farher covered the Laws of Judges and the Laws of Testimony.  Focusing on Hoshen Mishpat 34. R. Halivni opened with “what is at stake in  the Laws of Testimony?” I answered with guarded hesitation, “we  are dealing with a matter of  personal status, whether someone is a tsaddiq, a righteous Jew with  proper communal standing upon whose word in court the community may rely, or a rash’a, a wicked  person whose  behavior  does  not  conform  to Jewish Law.”[xxi] Jewish Law here defines the parameters of Halakhic pluralism. If a person buries one’s dead on the first Festival day mistakenly believing that there is an obligation to bury one’s dead on the first Festival day,[xxii] that person does not necessarily lose one’s bona fides.[xxiii] Similarly, charging and collecting interest by lending capital from the orphans’ estate does not automatically disqualify the offender, who may mistakenly reason that taking interest in order to grow the orphans’ estate is a worthy act.[xxiv]  Those who trespass rules that are not well known must be informed of their error before their bona fides are disqualified, because everyone is entitled to a generous benefit of the doubt assessment.[xxv]  We should not jump to hasty, negative conclusions.[xxvi] The “other” might be correct; we have the right to think for ourselves.[xxvii]  R. Halivni was pleased, and again, I was extremely relieved.

Since part of my Metivta teaching responsibility was to prepare the   ITJ rabbinical students for R.  Halivni’s test on Issur ve-Heter, R. Halivni required that I be re-examined by him on that material as well, in order to  ascertain that I was preparing my Issur ve-Heter students adequately, that they mastered the assigned material to R. Halivni’s standards. R. Halivni was teaching me how as well as what to teach our students.  R. Halivni’s conversations in learning with me were, retrospectively, the programming of my Halakhic thinking with his particular perspective regarding the Halakhic Tradition. He was well aware of my talmid muvhaq relationship with his own close friend and professional colleague, Hakham Faur, and was also pleased that I was exposed to the Halakhic system of Rabbis Moshe Feinstein and Moshe Tendler. Rather than impose his template on me, R. Halivni encouraged me to develop my own system, and to be a Rebbe as well as a Rav, with a heart as well as a mind.

After studying and being tested on the laws of damages, R. Halivni inquired about my secular education.  I had majored as an undergraduate in Philosophy, in order to get a handle on the Western mind and thought. R. Halivni then went into personal mode, confessing that is exactly why he studied Philosophy for his B.A. at Brooklyn College and earned his M.A. at NYU, also in Philosophy, and especially to master Logic and Legal Theory, in order to learn Torah more effectively. Jurisprudence teaches how law is applied; logic reveals the Law’s coherency.  R. Halivni then asked me if I had done any reading in legal theory and, if so, who was my favorite legal theorist.  Hakham Faur also applied legal theory in his Halakhah classes at JTS and I had discovered Hans Kelsen’s “Pure Theory of Law,” whose Legal Positivism was anticipated by Maimonides’ Yad compendium.[xxviii] According to this  approach, a legal order is a hierarchy of legislated norms, the validity of which  are conditioned by [1] being properly legislated and [2] their not contradicting  higher grade norms.[xxix] R. Halivni then told me that had I not studied legal philosophy, he would have required me to do readings in the field.[xxx]

The issue of legal theory arose again when R. Halivni and I were at a UTJ conference in Teaneck, N.J., and a buffet   luncheon was served.  At that moment I was speaking to a lawyer and UTJ leader, Mr. Doug Aronin.  I told him that we may not eat in the UTJ’s Orthodox synagogue sanctuary[xxxi] because the Oral Torah regards that eating and/or drinking in a designated,   sanctified prayer room to be an act of levity, and is therefore forbidden by an explicit Halakhic norm.[xxxii] Taking understandable offense for what he took to be a slight and insult to our teacher and spiritual guide, by being stricter than R. Halivni, Mr. Aronin went out of his way to bring our teacher to challenge me to explain why I should not eat in the UTJ’s synagogue sanctuary. After citing the source of the law, R. Halivni replied that Diaspora synagogues are built on condition, because they will be abandoned when the Messiah arrives. I countered that when Diaspora synagogues are in good repair, the qallut rosh restrictions remain in force.[xxxiii] R. Halivni said, “nu nu, Hassidim are lenient on this issue.” While here R. Halivni revealed that he decided cases as a Legal Realist,[xxxiv] which also explains Hassidic antinomianism,[xxxv] he never ever hinted that I should abandon my more mechanical Legal Positivism.

After surviving R.  Halivni’s  farher on Issur  ve-Heter, R. Halivni then told me that logically, we really should first study the laws of mixtures [ta’arovot], and only after mastering the legal principles of mixtures would it be logical to apply the principles of mixtures in general to the rules of salting meat and the legal status of milk  and meat mixtures.  He then asked, “why am I assigning you to learn the Passover kosher laws for next year’s examination? Why do I make this assignment now?” My answer was “we apply the logic of the mixtures rules to the contaminating hamets.” R. Halivni’s logical mind was beginning to shape how I think.

R. Halivni’s assignment of Even ha-‘Ezer 17, the laws of the “’agunah,” the “chained woman”  who is legally married to a man who is either unable or unwilling to commission the writing of the writ of divorce, came with a research  question,  “how are we able to free the agunah?”  He then confided to me that he earned his own Yadin Yadin ordination when he was 15 years old in order to permit Holocaust agunot widows to remarry and resume their lives after World War IIWe discussed the case of a woman for whom two witnesses testified that her husband had died, a bet din gave her permission to remarry, which she did,[xxxvi] yet both Maimonides[xxxvii] and R. Ovadiah of Bartenora[xxxviii]  ruled according to the flow of the Bavli[xxxix] determined that should her first husband reappear alive and well, they forbid the woman to both men, even if the bet din permitted the woman remarry on the basis of two properly vetted witnesses.[xl]  In order to defend what my intuition deemed to be morally appropriate in the case, I suggested that we consider and apply R. Halivni’s suggested approach to Talmud to Jewish law.  Maimonides and R. Ovadiah rule, understandably, according to the conclusion of the stam, the post-Amoraic, post-hora’ah level of Talmudic text tradition.  On the other hand, R. Moses Isserles decided that if the woman acted according to the good faith direction of the bet din, even if the bet din made an honest error in permitting the woman to remarry, the horrible sanction that she be forbidden to both men ought not to apply to her.[xli]  And the Amora Rav, whose legal opinions do carry canonical, Oral Torah valence, ruled that a woman who remarries on the basis of two witnesses has done nothing improper and should therefore not suffer any sanction or penalty. While the stam suggests that we cannot ignore the actual, factual reappearance of her first husband, mistakenly thought to be deceased, Rav implies that the Bet Din is indeed empowered to create legal facts that may contradict empirical facts, a legal strategy that might be applied in emergency situations [she’at ha-dohaq].[xlii]

 

Some Orthodox voices are troubled by this approach because it calls the reliability of the Rabbis who formulated the Oral Torah documents into question.[xliii] The Talmudic Rabbis possessed legal authority, not intellectual inerrancy. The tractate Horayyot deals with the possibility that people in authority may make mistakes. By identifying rulings which, on literary grounds may post-date Rav  Ashi, we may rely on authorities, like R. Isserles, who appears, at first glance, to be ruling against the Talmudic norm. The Talmud’s norms are “ought” statements called prescriptions and are on that basis mandatory; Talmudic descriptions are [a] acts of telling, narratives, in Hebrew, Agadah, which are as a matter of Law not legally binding because they are not commands by dint of their syntax, and [b] are subject to empirical review and revision because they are descriptions and not descriptions. I am unaware of any Orthodox rabbi who requires the application of Talmudic medicine as opposed to modern medical science in our time.

Curiously, R. Halivni's application to the JTS’s Rabbinical School was almost rejected by its Admissions Committee because R. Halivni did not project the “image” of the “successful” Conservative rabbi.  This Conservative rabbinic ideal must be sufficiently “traditional” to register as “authentic” to the minimally informed, non-observant laity who are that Movement’s target  client population, but not so obsessively observant that one’s Judaism appears to be more intense than one’s Americanism, rendering that rabbi too parochial, “too ‘Orthodox,’” and thus alienating to their communities.  R. Halivni was thought to be so hopelessly provincial that he would be neither appreciated nor appropriate in a mid 20th Century Conservative synagogue setting.  R. Saul Lieberman intervened, insisting that R. Halivni was to be groomed for Talmud scholarship, the enterprise for which he proved to singularly appropriate and universally appreciated, and R. Halivni was then accepted into the JTS’s Rabbinical School.  In hindsight, the JTS’s Rabbinical School’s Admissions Committee’s initial reservations regarding R. Halivni’s ability to “fit in” to the Conservative Movement as it was developing were not entirely misplaced. American Conservative Jewry was led by Rabbis  who were appropriately and unambiguously American in dress and deportment. They are also invariably well-spoken, politically and theologically liberal, and are passionately committed to accommodating Judaism to the ethnic Jewish taste culture of its client community.  R. Halivni could not meet that benchmark, as he was from and lived in other worlds.

R. Halivnis “problem” was that he was programmed to be a “Rov,”  not a “Rabbi.” His Judaism defined his core commitments, his Torah provided the benchmarks and guidelines for  the challenges that was his to confront. This  tension, between the Jewish religious  Tradition and the militantly secular Ivy League Columbia University campus was noted by R.  Channa Lockshin Bob, who  described R. Halivni as

“a person whose sensibilities and demeanor were that of a rosh yeshiva, yet who found himself in the Department of Religion of an Ivy League university, and the implications of that setting for himself and for his students.”[xliv] 

During one of our  farher/conversation sessions, R. Halivni confided to me that many of early Reform Judaism’s changes could be Halakhically justified. And he always stressed that Torah has to be doable and that it is not more pious to be gratuitously strict.[xlv]

R. Halivni was also an amazing religious model.  He never spoke with the implied apodictic certainty of prophetic voice, as do some rabbis in all of the ideological streams. While well aware of his own greatness, R. Halivni remained a model of refined, ethical excellence. He always made his interlocutor feel like she or he was the center of the world by listening so very attentively to whomever his interlocutor happened to be at the moment.  While always generous with his time, R. Halivni rarely if ever said mussar/words of moral reproof and betterment.   He was a master of teaching by example. R. Halivni loved God by showing love to people, God’s creatures.   When asked by one of my ITJ students, “how really great is R. Halivni,” I suggested that

“Most if not all of us will ever be able to make that assessment, but when you hear R. Halivni speak, you observe how he respects God’s image in the other person, and when he speaks to each of you, you also become the most important person in his world at that moment. While we are unable to measure the Torah that he went through, we are able to assess the effect of the immense amount Torah went through him.”[xlvi] 

R. Halivni’s mussar message was not “how inadequate are you now,” but “how holy are you able to become? All of us are works in progress.  Let’s be better together.”

A Rabbinical Council of America colleague recalled a sermon delivered by R. Halivni that called attention to the difference between a tashmish mitsva, an object that generates holiness by its being used in a halakhically prescribed way, like a lulav, shofar, and matsa, and tashmishei qedushah, objects that are themselves inherently holy, like a mezuzah, a Talmudic tome, or a Torah scroll.  R. Halivni explained that in this life we are objects that generate holiness by observing the commandments.[xlvii] For R. Halivni, our mission as mortals is to become persons who become inherently holy, who touch, and inherit, eternity. [xlviii]

 

 

 


[i] Breaking the Tablets: Jewish Theology After the Shoah (Lanham, Md.:  Rowman & Littlefield, 2007).

[ii] Peshat and DerashPlain and Applied Meaning in Rabbinic Exegesis (New  York:  Oxford, 1991).

[iii] Revelation RestoredDivine Writ and Critical Responses  (Boulder, Colorado: WestviewPress, 1997).

[iv] bBava Metsi’a 86a.

[v] David Halivni, Introduction to Sources and TraditionsStudies in the Formation of the Talmud (Jerusalem:  Magnes, 2009), pp. 63-64 and 75-76.

[vi] Ibid., pp. 128-136.

[vii] When R. Halivni teased a student, it was always an expression of playful affection. When attending his Hebrew University Talmud class after aliyyah, in my rush get settled, I inadvertently placed my copy of R. Halivni’s Meqorot u-Mesorot on top  of  my Talmud. He chided me, “while I’m proud  of my work, it must  be placed under, and not over,  the Talmud.”  R. Halivni was also  reminding me as well as all who were present, that we all should be more precise  in our halakhic observance.

[viii] Mordecai M. Kaplan, Judaism as a Civilization (Philadelphia and New York: Jewish Publication Society1981), maintains that the “modern ideology,” which is essentially dogmatic secularism [pp. 36-46], can neither be resisted nor denied. For Kaplan, the Conservative Movement is a coalition of style consisting of the
“Right” wing of Reform [pp.126-132] and the “Left” wing of Neo-Orthodoxy [pp. 160-169.  Kaplan argued that maintaining Orthodox theological and/or ritual commitments is hopelessly arcane and morally deficient.

[ix] Not to be confused with the Israeli Haredi political party, United Torah Judaism, in Hebrew, “Yahadut ha-Torah,” literally “The Judaism of the Torah,” implying it alone is  Torah faithful.  The party is currently on the  brink of schism because its Degel ha-Torah faction forbids any non-Torah studies, like mathematics and English, to be taught in its yeshivot. See https://www.theyeshivaworld.com/news/headlines-breaking-stories/2108588/is-degel-hatorah-on-the-way-to-a-split-with-agudas-yisrael.html.  In contrast, the

American UTJ embraces  secular learning.    

[x]  During these happenings, I had resigned from the Conservative Rabbinical Assembly, received Orthodox ordinations from R. Oscar Fasman of Chicago’s [actually, Skokie] Hebrew Theological College, R. Moshe D. Tendler of Yeshiva University’s Rabbinical program [RIETS] and R. Mordecai Eliahu, at the time the Sefardic  Chief Rabbi of the State of Israel, and then joined the Rabbinical Council of America, served as the Rabbi of Congregation Israel of Springfield, N.J. and B’nai Israel Congregation, the recently revived Orthodox Synagogue of downtown Baltimore, Maryland. 

[xi] Menachem Elon. Jewish Law: History, Sources, Principles (Jerusalem:  Magnes, 1973), pp. 1210-1212, is impatient with the major Jewish codes because, to his view, codes radically and artificially freeze Jewish Law   in place and time.  For a similar  view  from a source critical rather than jurisprudential perspective,  see  David Halivni, MidrashMishnahand GemaraThe Jewish Predilection for Justified Law (Cambridge and London:  Harvard, 1986), where R. Halivni shows that the Mishnah’s apodictic diction, which is similar to the syntax of Codes, is the exception to the Rabbis’ preference for Midrash Halakhah and the Babylonian Talmud’s stammaitic, justificatory discourse [p.  115].

 

[xii] This is the major  difference between the Israeli and American UTJ’s. The  Israeli  UTJ rejects non-sacred learning, while the American  UTJ embraces it. 

[xiii] My thanks  go to R. Daniel Landes,  who  introduced me to this idiom.

[xv] According to  mAvot  1:15 and 3:12, this deportment is mandatory.

[xvi] Leviticus 19:18 very  subtly commands  intense love,  as the Hebrew  verb “to love” is a transitive verb.  Deuteronomy 6:5 employs the Hebrew particle “et, which marks  direct objects, when commanding the loving of the Lord. The ”lamed” prefix, when preceding a noun and following a verb, also marks  the direct object of  a transitive verb. This ”lamed” accusative marker is standard in Aramaic, as in the Passover poem, Had Gadya.

[xvii] As described at Maimonides, De’ot   5:1  and 5.

[xviii] bRosh ha-Shanah   34b. See also comprehensive summary at https://www.etzion.org.il/he/halakha/orach-chaim/prayer-and-blessings/repetition-shemoneh-esrei-1 and https://www.yeshiva.org.il/midrash/2789.

[xix] mPe’ah 1:1. It was reported a family member that  R. Halivni, who resided in Jerusalem’s high rise Wolfson Towers, would not avail himself of the building’s Shabbat elevator, even though rabbinic decrees do not apply to the infirmed [see bKetubbot 60a and Shulhan ‘Aruch 328:14]. This “stricture” testifies to the degree R. Halivni took Torah to heart.        

[xx] My preparation for Chief Rabbi Mordechai Eliahu’s ordination included  Bet Yosef and Kaf ha-Hayyim and my learning under R. Tendler’s supervision was a personal tutorial in R. Moshe Feinstein’s method, mind, and approach to religious leadership. R. Halivni pushed me to formulate my own approach to resolving Halakhic conflict, being both fair to my questioners and honest to God.

[xxi] Shulhan ‘Aruch Hoshen Mishpat 34:1-3.

[xxii] Deuteronomy 21:23.

[xxiii] Shulhan ‘Aruch Hoshen Mishpat 34:4.

[xxiv] Ibid. 34:11.

[xxv] mAvot 1:5

[xxvi]  mAvot 1:1.

[xxvii]  mAvot   4:8.

[xxviii] See my "Legal Positivism and Contemporary Legal Discourse," The Jewish Law Annual  6 (1987), republished in ed., Martin P. Golding Jewish Law and Legal Theory, (New York: l Press, 1993).

[xxix] Hans Kelsen, Pure Theory of Law, trans. Max Knight (Berkeley, Los Angeles, and London, University of California, 1967), p. 5 and pp. 198-214, and https://plato.stanford.edu,/entries/lawphil-theory/. For Legal Positivists, the judge applies the legal norm, but does not create or legislate norms.

 

[xxx] This was the teaching culture at JTS 50 years  ago.  In my JTS classes in Hebrew literature, the literary texts   were read along with relevant literary theory, providing the student with a logical, methodological toolbox.

[xxxi] The synagogue of the UTJ had a partition between the  women’s and men’s section, which followed Ashkenazi Orthodox practice.

[xxxii]bMegillah 28a.

[xxxiii] Ibid., 28b.

[xxxiv] Legal Realism maintains that judges apply their policy intuitions to generate Law. See https://intranet.mruni.ot 10”/upload/iblock/b15/008_tumonis.pdf. Orthodox  Legal Realists  often invoke Da’as Torah to justify their dismissing or ignoring problematic Oral Torah norms. My Legal Positivism moved me to don tefillin on the intermediate festival day, because the permission to write  tefillin the intermediate festival day indicates that tefillin are to be worn at that time occasion [bMo’ed Qatan 19a]. At Laws of Tefillin, Mezuza and Torah scroll, 4:10, the Sefardi  Maimonides observes that tefillin are not worn on Shabbat or Yamim Tovim, that is full holidays, clearly implying what bMo’ed Qatan 19a is requiring, that . The  Ashkenazi school of Rashi [Mahzor Vitry, n. 513], R. Asher, Laws of Tefillin n. 15, and R. Isserles’ gloss to Shulhan ‘Aruch Orah Hayyim 31:2 articulate the old Ashkenazi tradition, which conforms  and confirms the canonical record at bMo’ed Qatan 19a. At Bet Yosef Orah Hayyim 31 Maran concedes that the original Sefardi practice was that tefillin be worn on the intermediate festival day, but just like the Greek classics were being discovered during the Renaissance, Maran mistook Zohar Hadash 2:8, Canticles, which disallows tefillin donning on the intermediate festival day, to be composed by the Tanna R. Shim’on bar Yohai, and consequently assigned Oral Torah canonicity to the work.  Simply put, the forbidding of tefillin on the intermediate festival is based, or biased, not upon a “’holy’ Zohar” vetted and approved by the Bet Din ha-Gadol, but on a forgery. At stake in this debate is whether ”tradition” is an integrity driven spiritual ethos or an inertia driven nostalgic preference.

Hear Rabbi J. J. Schacter at  http://www.yutorah.org/lectures/lecture.cfm/728404#, who demonstrates  that the Zohar often overrode Halakhic principle, and see Israel M. Ta Shma, Haa-Nigleh she-ba-Nistar:  le-Heqer Sheqi’ei Halakhah be-Sefer ha-Zohar (Tel Aviv: Kibbutz ha-Meuchad, 2001). This very debate is an example of Orthodox religious pluralism. Each side believes that the other side errs, but as we discovered in the Laws of Testimony, a generally observant Jew who, perhaps in error, sincerely believing that she or he is behaving in accord with the Halakhah does not forfeit one’s bona fides. Therefore, while my understanding leads me to the position that tefillin are mandatory on intermediate festival days, I may not condemn another Jew who on principle will rule according to the Zohar or Maran. One has a right to be wrong in the eyes of the “other."

[xxxvi]mYevamot 10:1.

[xxxvii]  Commentary to the Mishnah, ad. loc.

[xxxviii] Commentary to the Mishnah, ad. loc.

[xxxix] bYevamot 88a.  Another stammaitic  voice here formulates the policy “because of the ‘chained’ woman[’s plight] the rabbis ruled   leniently.” loc. cit.

[xl] Deuteronomy 19:15.

[xli] Shulhan ‘Aruch ‘Even ha-‘Ezer 17:58.

[xlii] In an oral communication, R. Moshe D. Tendler explained that   a whole non-kosher animal is called a beriyya [a “creation”], whose  very being constitutes a quantity the consumption of which is a Torah violation, even if its bulk is less than the “olive” standard benchmark [bMakkot 13a]. However, the animal must be visible to the naked human eye. One-celled animals do not meet this benchmark, and are therefore not legally present as a point of Jewish Law.  Similarly, a mixture that  possesses one unidentifiable, undetectable part non-kosher contaminant to fifty-nine parts of kosher edibles is both an empirical reality and a legal nullity.

[xliii] See R. Ahron Soloveitchik, Logic of the Heart, Logic of the Mind: Wisdom and Reflections on Topics of our Times (Genesis Jerusalem Press, 5751/1991), 45-57, which to his view “undermine(s) k’dushas haTorah [the sanctity/authority of Torah].” p. 46.  R. Soloveitchik, who also graduated from NYU, either opposes the exposure of rabbinic fallibility in the transmission of the Oral Tradition or he  disputes the “humanizing” of the Oral Torah, which would deny the “great rabbi” the right, power, and privilege of intuiting rather than demonstrating his position,.

[xliv] https://thelehrhaus.com/timely-thoughts/the-maculate-conception-introducing-a-symposium-on-rabbi-prof-david-weiss-halivni/. See also Dr. Elana Stein Hain, “a student of Prof. Halivni over the course of twenty years, addressing his pathbreaking theory about the formation of the Babylonian Talmud, the intuitions and methods that he developed around his historical theory, and the abiding love of Torah study that animated his entire project.” Ibid.  This perspective is not  compatible with John Dewey’s militant secularism that came into neighboring JTS via Mordecai Kaplan’s naturalistic “modern ideology.”

[xlv] bBerachot 6oa and elsewhere.  See https://www.hamichlol.org.il/%D7%9B%D7%95%D7%97_%D7%93%D7%94%D7%99%D7%AA%D7%A8%D7%90_%D7%A2%D7%93%D7%99%D7%A3. 

[xlvi] This recalled rendering is the gist but not my exact words at the time which I no longer remember because  I failed  to record the comment at that time.

[xlvii] This doctrine, that holiness is generated by obeying God’s commandments, first appears  at Numbers 15:40, and occurs in the Rabbinic commandment blessing formula, “who has sanctified us by means of  the commandments.” 

[xlviii] See Isaiah 60:21 and Maimonides, Teshuva 8:4.

 

Editorials by David Suissa


(From The Jewish Journal of Los Angeles, September 21, 2024)


When we discuss Israel’s image, we rarely mention the obvious: Since the founding of
the state, Israel’s image has been dominated by white Ashkenazim: From Ben Gurion to
Weitzmann to Dayan to Golda to Peres to Begin to Rabin to Herzog to Sharon to Olmert to Livni
to Bennett to Lapid to Gantz to Gallant to Smotrich to Levin and, of course, to Netanyahu and
countless others, the white Ashkenazic Jew has been front and center in the global media
coverage of Israel.


This is absolutely not a criticism; it’s more of an observation.
But it’s also a missed opportunity for those who worry about improving Israel’s image.
There’s a tendency among those in the “hasbara” world to take the idea of image
figuratively. That is, when they talk about Israel’s image, they don’t mean a real image; they
mean a general perception of Israel that needs to be improved.


This is how we end up obsessed with talking points and arguments. We need facts! We
need education! We need to correct the lies!


Yes, but somehow, no one ever says we need new pictures.


We assume, in other words, that the best way to fix Israel’s image is through words and
arguments rather than through actual images.


The irony is that as we exert ourselves to correct the lies against Israel, one epic lie
remains untouched: The lie that Israel is a white country. But where do we think this lie comes
from? It comes mostly from Israel itself, from the simple fact that virtually every person who
represents Israel in the media is a white Ashkenazi. The good news is that this can be fixed by
being more accurate and recognizing the multicultural diversity that makes Israeli society so
vibrant.


“Only about 30% of Israeli Jews are Ashkenazic, or the descendants of European Jews,”
Hen Mazzig wrote a few years ago in The Los Angeles Times. “I am baffled as to why
mainstream media and politicians around the world ignore or misrepresent these facts and the
Mizrahi story. Perhaps it’s because our history shatters a stereotype about the identity of my
country and my people.”


Very true, but let’s recognize that this stereotype is also what Israel presents to the world.
It would be a lot harder for the mainstream media to ignore Israel’s multicultural nature if
Mizrahim and other Israelis of color would be fully integrated in its media relations.
I was reminded of this at a talk last Friday by Dr. Duygu Atlas, a Muslim-Israeli historian
who lives in Tel Aviv. She was discussing a new initiative, Muslims Connect with Israel (MCI),
that she hopes will change the way Israelis are perceived and understood by Muslim societies.

She kept coming back to this key point: The best way to talk about Israel and break down
stereotypes is to show its cultural and ethnic diversity.
In an ideal colorblind world, maybe none of this would matter. But that’s not the world
we live in. Color matters. Culture matters. Diversity matters. If Israel is so ethnically diverse,
why not show it?


(Indeed, the same applies to American Jewry and its leadership: If Jews in America today
are so ethnically diverse, why not show it? Why not integrate Mizrahim and Jews of color in the
communal leadership? We like to go on about the importance of diversity and inclusion, but
what are we doing at the leadership level to show a more diverse and accurate Jewish face in the
mainstream media?)


Here’s a suggestion for pro-Israel activists on social media: Fewer words, more pictures.
In addition to your regular talking points, blast your networks with hundreds of images of Israelis
from all corners of the globe who are anything but the white Jewish stereotype people see in the
media.


Same goes for philanthropists who buy billboards and advertising to “make the case for
Israel”; a picture is worth a thousand clever phrases. Use striking images that celebrate the ethnic
kaleidoscope of the Jewish state. Title it “Israel in Living Color.” Nothing breaks the ice like true
ethnic diversity.


For the Israeli government, if they want their communication to have more impact,
there’s no better place to start than to have “spokespeople in living color.”
“In living color” is the true face of Israel and the Jewish people. White is not. “In living
color” adds complexity and nuance to the conversation about Israel and the many challenges
facing the Jewish world.


“I am Mizrahi,” Mazzig wrote, “as are the majority of Jews in Israel today. We are of
Middle Eastern and North African descent.”
After 76 years of conveying one image based mostly on one ethnicity, it’s high time
Israel and world Jewry show their true colors to the world.

Israel Defends the Cult of Life


(From The Jewish Journal of Los Angeles, October 1, 2024)
If you want a deeper understanding of Israel’s situation in the Middle East, a good place
to start is the website of the Jaffa Hotel in Tel Aviv, which came up recently under a list of the
world’s finest hotels. The Jaffa was the only entry from Israel.


What caught my eye was that in the charming area of Jaffa where the hotel is located, two
terrorists murdered seven civilians and wounded 17 others in the deadliest terror attack since
Oct. 7. The assault occurred on Tuesday evening, just as Iran was launching hundreds of ballistic
missiles at Israel.


Here in America, it’s easy to get morally confused in the fogs of war. When bombs are
flying everywhere and people are dying everywhere, whether in Gaza or Lebanon or Tel Aviv,
things tend to blur. People with big hearts like to call on all sides to just stop the killing.
This moral blurring, however, is not just wrong but dangerous, especially for the side that
didn’t start the killing.

The missiles from Iran and its terror proxies are not the same as the Iron Dome missiles
from Israel. The soldiers from Israel’s army are not the same as the terrorist soldiers from Hamas
or Hezbollah. Aiming to murder civilians is not the same as aiming to kill terrorists.
When Israel is at war, a Cult of Life is forced to defend itself against a Cult of Death.
It’s astonishing that this even needs to be said, given that it’s been true for so long and
that Israel’s enemies have never pretended to be anything but an anti-Israel death cult.
For decades now, Iran, Hezbollah, and Hamas have made clear that their primary mission
is not to build fancy hotels, charming tourist districts, schools, and hospitals that will improve the
lives of their people.


It’s to get rid of Israel.


Israel left Lebanon in 2000 and Gaza in 2005 and has never occupied an inch of Iranian
territory. The attacks on the Jewish state are based not on Israeli provocations but on a pure
hatred that aims to destroy.


This ugly moral truth can easily get lost when Israel is involved, as demonstrated most
sharply by the blatant double-standards applied to the Jewish state at the United Nations.
The ugliness of pure hatred also gets lost with sophisticated and academic thinking.
Perhaps the truth is too raw, too clear, too moral. Elite thinkers, by definition, must bring nuance
and complexity to their analyses. They must weigh tactics and strategies and envision the
geopolitical future. This has intellectual merit, but it tends to hide moral ugliness.
Israelis, on the other hand, know the ugliness well. What they worry about most is not
geopolitics but the location of the nearest bomb shelter. Indeed, these bomb shelters are a
poignant reminder of how much Israelis value life.


When they’re not running to bomb shelters, Israelis are busy building one of the most
vibrant, creative, and innovative societies on earth. This also can get lost in the noise of the loud
civic protests against the government, the political infighting, and the constant need to defend
against terrorism. But the vibrancy and the resilience are there. Ask any visitor.
The genius of Israel is that despite being under siege since its birth, it has never satisfied
itself only with physical security. It always aimed to thrive rather than just survive.


I felt that vibrancy and resiliency and love of life when I checked out the website of the
Jaffa hotel, a magnificent tribute to ancient elegance:
[The hotel] stands as a prestigious 5-star establishment situated within a meticulously
restored 19th-century complex, once the home of Jaffa’s French Hospital.
Ideally positioned near the Mediterranean Sea and the historic port of Jaffa, it grants
effortless access to attractions such as the Shuk Hapishpeshim flea market, the city of old
Jaffa’s art galleries, and charming local boutiques, all just a short stroll away.


Our signature chef restaurant, Giardino, showcases culinary creations inspired by the
flavors of the Northern Mediterranean, following a unique ‘port-to-table’ philosophy.
Alternatively, relish elevated Israeli cuisine at Golda’s at The Jaffa. Experience serenity
at the L.RAPHAEL Spa and indulge in the personalized luxury of our 120 opulent rooms
and suites, thoughtfully appointed by the renowned designer, John Pawson. Allow our
dedicated concierge team to meticulously orchestrate every aspect of your stay, renew
your spirit, and ignite your imagination.

If anything can renew our spirits in the midst of a war in Lebanon and ballistic missiles
from Iran and enemies sworn to Israel’s destruction, it is this little corner of Israel that refuses to
lose its imagination.

Can Jews Handle Being Different


(From The Jewish Journal of Los Angeles, October 9, 2024)


There are so many lessons Jews have taken on the first anniversary of October 7. These
lessons reflect the shock, the grieving and the trauma that still linger in Jewish hearts from the
biggest disaster in Israeli history.


But in this whirlwind of emotions, let’s not forget another ancient lesson that Oct. 7 has
brought home: Jews are treated differently.


Consider just the fact that after 1,200 Israelis were massacred on that Black Sabbath, a
global movement began to attack…the Jews! That’s right. Before Israel launched any military
activity in Gaza, the Jew-haters were mobilizing to blame the Jews for the massacre of Jews.
Blaming the Jews, of course, is old hat, but seeing it in the wake of the Oct. 7 atrocities
stunned even the cynics. It’s as if Jews were not allowed to be victims, so Jew-haters doubled
down on the oppressor narrative.


Meanwhile, one never heard a peep on college campuses about the Chinese government’s
ongoing genocide of the Uyghurs; or Russia’s kidnapping of an estimated 20,000 to 25,000
Ukrainian children; or the nightmarish oppression of women by the Taliban; or the daily
executions in Iran; or the slavery and child marriages being reintroduced by the Houthis; or the
horrific massacres of Black African ethnic groups in Sudan, echoing the Darfur genocide two
decades ago, and on and on.


And lest you think that pro-Hamas protesters care about Palestinians, you’ll never hear
them complain about the squalid state of Palestinian refugees in Lebanon and Jordan. Why?
Because Jews are not involved. 


These campus haters take their lead from global forces of hypocrisy, most notably at the
United Nations, where the Jewish state receives more condemnations than all other nations
combined. Why? Because it’s the Jewish state.


Jews get special treatment. It’s as old as the Bible.


Maybe the world could never forgive us for being the first ones to talk to God, or for
stubbornly holding on to our tradition for millennia, or for always figuring out ways to prevail
and succeed despite centuries of persecution. 


Is it possible that the world treats Jews differently because we are, in fact, different? Sure,
Jews may be incredibly diverse and argumentative, but as far as the world is concerned, they see
us as one united bunch.


Jew-haters, for example, don’t care whether we’re Reform or Orthodox, Republican or
Democrat, progressive or conservative, Ashkenazic or Sephardic. They hate us all just the same.
They believe in Jewish unity.


This unity also applies to those who love and admire us—we are a successful and
remarkable tribe that punches way above its weight.


“If the statistics are right, the Jews constitute but one quarter of one percent of the human
race,” Mark Twain wrote in 1897. He continues,

It suggests a nebulous puff of star dust lost in the blaze of the Milky Way. Properly, the
Jew ought hardly to be heard of, but he is heard of, has always been heard of.  He is as
prominent on the planet as any other people, and his importance is extravagantly out of
proportion to the smallness of his bulk. 

His contributions to the world’s list of great names in literature, science, art,
music, finance, medicine and abstruse learning are also very out of proportion to the
weakness of his numbers. He has made a marvelous fight in this world in all ages; and
has done it with his hands tied behind him. He could be vain of himself and be excused
for it. The Egyptians, the Babylonians and the Persians rose, filled the planet with sound
and splendor, then faded to dream-stuff and passed away; the Greeks and Romans
followed and made a vast noise, and they were gone; other people have sprung up and
held their torch high for a time but it burned out, and they sit in twilight now, and have
vanished.


The Jew saw them all, survived them all, and is now what he always was,
exhibiting no decadence, no infirmities of age, no weakening of his parts, no slowing of
his energies, no dulling of his alert but aggressive mind. All things are mortal but the
Jews; all other forces pass, but he remains.  What is the secret of his immortality?
We don’t need to be arrogant or triumphalist to embrace our difference. We can be
engaged with the world and embrace our own diversity while still owning our Jewish identity.
Just as other ethnic groups show pride in their differences, why can’t Jews do the same?
Ultimately, we are all individuals with independent minds, but as Jews, we also have a
shared history and a shared destiny that bring us together.


Maybe now, in the wake of a lingering Oct. 7 trauma we will never forget, it’s time to
embrace the bonds that have kept us going for millennia.

Fighting Antisemitism by Winning


(From The Jewish Journal of Los Angeles, October 15, 2024)


When I meet a Jewish college student who has encountered some of the anti-Jewish and
anti-Israel venom spreading through many campuses, I have a favorite line of questioning:
Did you miss any final exams because of the protests?


Did you miss any assignments?
How did you do this semester?


In most cases, the answer is that the ugly protests, however annoying and frightening,
have not hurt their academic performance. This is encouraging. It doesn’t mean, of course, that
Jews should stop fighting the forces of hate and focus only on their education.


What it does mean is that sometimes the best way to fight haters is to focus on improving
ourselves. Throughout our checkered history of facing hate and persecution, Jews have prevailed
by playing the long game, never abandoning the essential values of learning and personal
growth.


It wasn’t easy to focus on ourselves during the Ten Days of Repentance. We entered
Yom Kippur consumed with the multiple dangers of a post-Oct. 7 world; naturally, many of the
sermons we heard dealt with those dangers and how to confront them. 

But those exterior threats, as urgent and consequential as they are, have little to do with
the intimacy of our lives.


I can fight for Israel all day long but forget to call my mother to bring her a little joy.
I can join an activist group but fail to visit a sick uncle in the hospital.


I can follow current events but fail to attend an important event for a friend.


No matter how loud and urgent the outside noise, we can’t allow it to stifle our inner
selves. The hostility toward Jews is bad enough; when we allow it to interfere with our personal
growth is when we lose.


I have a dark theory about Jew-haters. It’s not just the Jews they hate—it’s also what
Jews represent. They hate the aura of success that surrounds Jews. 


For all I know much of their anger may be rooted in their wanting what Jews have.
Just as the extraordinary success of Israel has attracted resentment among its hostile
neighbors, the perennial success of American Jews has attracted envy among those disinclined to
admire people who work their way up.


A movement that has turned “success” into “white privilege” has only made things worse
for Jews, most of whom are conditioned from childhood to strive to constantly improve. 
The answer is not to seek sympathy by playing for victim points. We’ve learned the hard
way that Jew-hatred is flexible enough to adapt to any condition—whether Jews are weak or
strong, rich or poor, left or right, and so on. 


The point is this: Since the haters will hate Jews no matter what, we might as well win in
the game of life.  

 
Let the protesters win the yelling game. Let them damage their vocal cords to show
support for Hamas. Let them invest thousands of hours playing wannabe Che Guevaras. The
returns on that investment are bound to be illusionary, like gorging on cotton candy. 
Jew haters must know deep down how safe and predictable it is to side with the
Palestinians, the world’s most coddled victims. The true rebels today, those who go against the
grain, are the Zionists. That is the courageous choice.


It’s also the winning one. Losers define winning by how much noise they make. Winners
define winning by how much they accomplish. By that metric, Jews have been humanity’s
winners since time immemorial.


No other group in America has contributed more to the country than the Jews, in fields
ranging from science, literature and social justice to culture, comedy and journalism.
The winds of hate that have accelerated since Oct. 7 have cast a shadow on this image of
the winning Jew. Faced with the need to defend ourselves, we’ve tended to look weak and
defensive. And given that victims are America’s new power brokers, we’ve also been made to
feel guilty about our success. 


This is neither good for the Jews nor for America. An America that elevates victimhood
over success is a nation headed for the abyss. Jews shouldn’t hide their success. Indeed, they
should resuscitate and revalorize the very notion of success, walking not just as proud Jews but
as proud successful Jews.


In the long run, success is our strongest weapon in the fight against antisemitism. Let the
haters scream on the streets and play victim. Jews have better things to do, like going to class and
learning how to win.

Halakha and Morality in a Polarized Society

 

Devarim 4:5–8 paints an idyllic word-picture of how Gentiles will perceive Torah-observant Jews:

 

Behold, I have taught you statutes and regulations, as Hashem my God commanded me, for you to do them in the midst of the land which you are coming to inherit. You will preserve them and do them, because they are your wisdom and discernment in the view of the nations, who will hear all these statutes and say: “Indeed this great nation is wise and discerning.”

 

History has rarely corresponded to this picture. Moreover, rabbinic literature is fully aware that some biblical commandments arouse mockery or disdain among many non-Jews. Dismissing those non-Jews as shallow does not resolve the problem that the Torah seems descriptively false. Claiming that the Torah’s description applies only to a perfectly observant community, and thus blaming Jews for incomplete observance, seems disingenuous and victim-blaming.

And yet there was an exception. American Jews in the late twentieth century could reasonably perceive themselves as living mostly in the Torah’s world. The phrase “Judeo-Christian values,” however problematic historically and fraught politically, amounted to Gentile recognition and endorsement of what they perceived as the values of the Torah. Laws such as kashruth were seen as legitimate and praiseworthy means of preserving identity while expressing universal values, rather than as illegitimate and blameworthy separatism. Even the ban on intermarriage was tolerated by the broader society, although I suspect only because it was honored mostly in the breach.

Nonetheless, the logically inescapable truth is that on any issue that is controversial in Gentile society, Jews and Judaism cannot take a firm position without earning praise from the Gentiles on one side and criticism from those on the other. The substance of Torah can be universally admired only in a consensus society, or else if Torah refracts into multiple and mutually exclusive positions corresponding to the broader society’s moral/ideological factions. 

If America was a consensus society, it is no longer; and of course, one can argue that the supposed consensus was always an illusion fostered by an elite. Political data suggests that we are consciously or unconsciously adopting the refraction strategy to meet the new polarized reality. Orthodox Jews are increasingly going with Republicans or MAGAism, and non-Orthodox Jews with Democrats or progressivism. Anecdotally, this sorting is self-reinforcing, as Jews are also switching or dropping out of denominational life because of political discomfort. 

It's entirely reasonable for the Jewish community overall to have roughly the same political spectrum as the society around it, and for Orthodoxy and non-Orthodoxy to favor different sides of a major cultural conflict. And it is natural that some Orthodox Jews will have different sympathies than most of their peers and as a result feel isolated. But I think what particularly troubles sincere, idealistic Orthodox Jews is when the moral positions of their shulmates or religious institutions seem to be changing to justify their political affiliation rather than developing autonomously out of the tradition. They want to belong to a Torah community that serves as a light rather than as a mirror to the nations. 

How can we best create such a community?

Because Jewish tradition is genuinely multivocal and legitimately responsive to changes in the world, I don’t think that drawing objective red lines, i.e., trying to rule specific positions out of bounds, is likely to be an effective strategy for preventing moral followership. 

It’s also important to recognize that reaction can be as inauthentic as conformity. If anti-Semitism continues to become more prevalent and more socially acceptable, there may be a natural internal Jewish reaction to ascribe greatest Jewish authenticity to those aspects of Torah most criticized by anti-Semites, especially to those who are on the other side of a polarized political space. Similarly, where the Torah can be interpreted in multiple ways, there may be pressure to demonstrate authenticity by adopting the interpretations that most annoy the anti-Semites on the other side. These pressures may manifest on both sides in areas as diverse as Middle East politics, gender/sexuality, public health policy, and more.

Rather, I suggest that we need to collectively develop a procedural/epistemological checklist that lets us challenge ourselves and each other whether we are making a sincere attempt to authentically represent Jewish tradition, and to meaningfully discuss across party lines whether a position of ours meets that challenge. 

For example: If you are making a claim about Jewish tradition, do you know the most common traditional sources used to challenge your position, and can you convincingly explain them? If your application of Jewish tradition rests on a claim of fact, have you seriously engaged with scholars who reject that claim? If you are arguing from contemporary authority, have you discussed these issues with respected scholars who are not public figures and/or are politically uninvolved, to make sure that you are not just listening to the loudest voices or aiding a campaign of intimidation?[1]

Let’s suppose—a huge if—that we can accomplish this. I want to be clear that this is not enough to meet our Torah obligation vis-a-vis the human societies we participate in. In fact, my use of autonomy and authenticity as lodestars for developing positions might create the false impression that we are indifferent to what non-Jews think of Torah.

One standard Jewish expression of an obligation to care about what non-Jews think is or laGoyim, “light unto the nations.” I have trouble using this phrase because it seems to result from what is known as a Mandela effect, a collective false memory. That expression does not appear in Tanakh. Rather, Yeshayahu 42:6 and 49:6 each say that God will make the Jewish people l’or goyim. It’s possible that the meaning remains the same, but I have heard various efforts to argue for fundamental differences.

My preference instead is to use the categories kiddush Hashem (sanctification of the Name) and hillul Hashem (desecration of the Name). My argument is that these categories legitimately place pressure to make halakhic choices and interpretations that inspire non-Jews to value Torah. My argument is grounded in the following two texts from the Jerusalem Talmud.

 

1. Yerushalmi Bava Metzia 2:5 (translation modified from Guggenheimer)

 

Simeon ben Shetacḥ was in the linen trade. His students said to him: Rebbe, to make it easier for you, we will buy you a donkey so you won’t have to work so hard. They went and bought him a donkey from a Saracen; a pearl was hanging on its neck. They came to him and said: From now on you will not have to work anymore. He said to them: Why? They told him: We bought a donkey for you from a Saracen and a pearl is hanging on its neck. He asked them: Did its owner know about this? They answered: No. He told them: Go return it! 

But did not Rav Huna Bibi bar Gozlan in the name of Rav say: 

“They objected before Rebbe: ‘Even according to the position that an object robbed from a Gentile is forbidden, everybody agrees that his lost object is permitted!?’” 

What do you think, that Simeon ben Shetacḥ was a barbarian? Simeon ben Shetacḥ wanted to hear: “Praised be the God of the Jews” more than any gain in this world.

 

It’s not clear whether the last two elements of the passage are an editorial reflection on the story, or rather an anachronistic recreation of the dialogue between Shimon ben Shetach and his students (they quote rabbis who lived many centuries after their time). Regardless, the text is explicit that only a barbarian would keep a Gentile’s lost object, even though all halakhic positions are understood to permit keeping it. 

This implies that the permission can be kept on the halakhic books as-is only because Gentiles don’t know about it. I contend that Shimon ben Shetach fundamentally argues that the permission codifies a lost opportunity to make Gentiles think well of the Torah of the Jews—for kiddush Hashem—and therefore cannot be sustained as practical law. 

It makes little sense to say that our interest is in having Gentiles think well of Torah that is not actually Torah. That might even be a violation of the prohibition of geneyvat daat, which includes gaining goodwill under false pretenses). Possibly, however, the law would remain on the books for hypothetical societies (think Sodom and Gomorrah) so stuck in selfishness that people returning valuable lost objects would be regarded as fools rather than as moral heroes. Nonetheless, that context would have to be provided whenever the law was taught.

 

2. Yerushalmi Bava Kamma 4:3 (Translation mine)

 

A story: The government sent two investigators to learn Torah from Rabban Gamliel. They learned from him Scripture, Mishnah, Talmud, Halakha, and Aggada. In the end they said to him: “Your entire Torah is attractive and praiseworthy except . . . that you say . . . “objects stolen from a Jew are forbidden, but objects stolen from a Gentile are permitted.”

Immediately Rabban Gamliel decreed that objects stolen from a non-Jew would be prohibited to prevent desecration of the Name. 

 

This text explicitly endorses a change in halakha for the purpose of preventing non-Jews from thinking badly of Torah, which is termed “desecration of the Name,” or hillul Hashem.

My bottom line is that Gentile moral evaluation is a legitimate factor to consider when deciding halakha. 

            Readers are strongly encouraged to challenge my argument via the procedural/epistemological checklist above. I fervently hope this will lead to a conversation in which we together seek to figure out the limits of this principle, and which opinions in which societies we honor and which we proudly flout. Only in that way can our Torah become a genuine source of light for the world. 

 

 

 

 

 

 

 

 

 

Note

 


 


[1] Deborah Klapper notes that this approach risks reopening battles that have been decisively won in our community, such as whether women can drive; or preventing us from decisively winning crucial battles, such as whether the category Amalek has any contemporary halakhic application. I concede the point. Pluralism is the first refuge of the losing side in culture wars, and the bane of winners. But I have not found a way to justify having a different epistemology in victory than in defeat, so this may be, like democracy, the worst of all systems except for all the others.

Torah versus Prejudice

Torah versus Prejudice

 

To the sacred memory of those driven by societal prejudice to take their own lives.

©

Rabbi Isaac Sassoon[1]

 

            Potiphar was no muggins. The trust he places in Joseph bespeaks a man possessed of astute discrimination and sound instincts. If he sized up the newcomer Joseph, his wife he must have known like a book. It is therefore highly doubtful that Potiphar fell for her ladyship’s concoction. To be sure, Genesis 39:19 reports Potiphar’s anger; but significantly, Joseph is not said to have been its butt. “When his [Joseph’s] master heard the words of his wife which she spoke to him saying such and such has your servant done to me he became angry”. We are then told that his master ‘took Joseph and put him’ in prison. Not sentenced to death nor shoved into a pit (as he was by his brothers; Gen 37:2224), Joseph is taken and put like the Testimony. For the identical pair of verbs – taking and putting - describes the depositing of the ‘edut (Testimony) in the Ark (Exod 40:20). Commentators interpret the ‘edut’s taking and putting as deferential, kid-glove handling. The phrase’s presence at Genesis 39:20 adds to the picture of a Potiphar skeptical of his wife’s slander. But if Potiphar doubts Joseph’s guilt, why jail? The answer is a single, tyrannical word: respectability. Potiphar dreads the obloquy that awaits a man seen to believe his servant above his wife. It could cost him his prestige; not a pretty prospect for anyone whose self-esteem hangs on the establishment’s approval. 

 

            Today honor and respectability may have lost their former leverage, but public opinion still counts, and people are still blacklisted for failing to toe the line. This holds even in the arena of Torah. Thus, non-partisan Torah students, unwilling to play to the gallery, must be prepared for criticism all round. The charges may range from obscurantism and fuddy-duddyism, hurled by so-called progressives, all the way to heresy and schism thundered forth by the anachronistically grandiloquent. Speaking from personal experience, a well-intentioned friend tried hard to discourage the present essay. “It will come back to haunt you” he warned. “People with a reputation to sustain, do not touch this kind of taboo with a barge pole”. 

 

            Taboo, of course, loomed large once upon a time. That was prior to the demythologizing process begun in the Bible and carried forward by hazal. But though taboo waned, its congener, bias, especially ingrained bias, persisted. Unconscionably, biases invaded Torah, infesting it like a maggot that, once inside, would turn Torah into its home and sanctuary. Most notorious, is the infestation that parasitized Genesis 9:22-27. As recently as 1861 a leading Orthodox Rabbi by the name of Morris Jacob Raphall, preached in defense of slavery quoting, among other scriptures, Genesis 9’s Curse of Ham. Having cited the texts that allegedly sanctioned slavery, the rabbi went on “I find, and I am sorry to find, that I am delivering a pro-slavery discourse. I am no friend to slavery in the abstract, and still less friendly to the practical workings of slavery. But I stand here as a teacher in Israel, not to place before you my own feelings and opinions, but to propound to you the word of G-d, the Bible view of slavery ….”. Rabbi Raphall was declaring his hands to be tied; his commitment to Torah, as he understood it, did not give him leave to condemn slavery outright.

 

        Parallel to racism’s appalling exploitation of Ham’s story, homophobia found to‘ebah at Leviticus 18:22 and hijacked it. While bigotry got away with profaning Torah, many of us sat idly by instead of toppling homophobia from its Torah perch. And make no mistake: in select circles it retains its dominion. Exodus 23:13 deters mentioning the names of idols. Yet one comes across people who treat homosexuality as if it were an idol, referring to it only by epithets such as perversion or toeivah. Their purpose, they claim, is to instill revulsion and horror for something unmentionable.[2] The connotation of to‘ebah (or to‘abat hashem) in its varied Torah contexts is clearly negative; but the very diversity of those contexts precludes a narrow definition. Let’s see what light the sources can shed on to‘ebah; we all probably agree that hazal’s ideas deserve more attention than the bigots’. 

 

R. El‘azar ben Azaryah taught: a person should not say Wearing kil’ayim [linsey-woolsey] is repugnant to me, eating swine’s flesh is repugnant to me, the ‘arayoth [incest; illicit relationships in general] are repugnant to me. Rather should one say: These things are not distasteful to me, but I avoid them in obedience to the commandment that my Father in heaven has laid upon me ... .[3]   

 

            R. El‘azar can be seen to replace disgust with submission to the divine will as the proper motivation for eschewing kil’ayim, swine’s flesh and ‘arayoth.  Whether these three precepts were picked by way of illustration or by virtue of some intrinsic peculiarity, in either case, their very linkage speaks volumes. ‘Arayoth are classified as to‘eboth (Lev 18:26-30Yeb. 21a, etc.) and non-kosher foods (of which swine’s flesh is the standard exemplar) are generically labeled to‘ebah (Deut 14:3Hul.114b, etc.). Kil’ayim, never characterized to‘ebah, is the odd man out. Yet, for purposes of right motivation, rather than distinguish the two to‘ebah categories from non-to‘ebah kil’ayim, R. El‘azar equates them. Thus we learn that whatever the Torah’s objective in attaching to‘ebah to certain prohibitions, it was not the enshrinement of primitive aversions. After R. El‘azar, it comes as no surprise to find the Talmud endowing Leviticus 18:22’s to‘ebah with moral and reasoned purport, rather than treating it as code for ‘go ahead and indulge your homophobia’. 

 

“Bar Qappara asked Ribbi [Judah the Patriarch] ‘What does to‘ebah mean?’ Every explanation that Ribbi offered he refuted. So Ribbi said to him, ‘You explain it!’. He [Bar Qappara] replied... ‘This is the meaning of the Torah. To‘ebah means: You stray by this [to‘eh-attah-bah]’ …” . The commentary attributed to Rashi[4] elaborates: “such a man leaves his wife who is permitted and takes hold of that which is zenuth [harlotry, any illegitimate relationship]” (Ned.51a). Inserting a wife into the scenario, reminds us that the addressees of Leviticus 18 are men of, ostensibly, heterosexual proclivities - insofar as the ‘arayoth listed are mostly relations with women. Verse 22 is directed at that selfsame adult, male, heterosexual audience; not a few of whose members are likely to be married. Could one say, then, that for Bar Qappara the chief concern of Lev 18:22, is the wife’s humiliation caused by her husband’s ‘straying’? Or did Bar Qappara perceive homosexuality as posing a threat to married life and, ultimately, to human reproduction; a top priority both instinctively and halakhically?[5] Some extrapolate from this טעמא דקרא,[6] that since the risk to human survival from lower birthrates is no longer as dire as in bygone ages, homosexuality’s threat-level might drop concomitantly. Moreover, gay-oriented people tend not to marry spouses of the opposite gender or to reproduce biological offspring; making their impact on population size inconsequential. However, one has to wonder whether such individuals were even within the purview of former generations. A theory has been floated that Jews of gay orientation were unknown, or at any rate unacknowledged, by halakhah. This theory might explain legislation such as the following: “A man who has passed the age of twenty and does not want to marry, the authorities force him to marry in order to fulfill the mitsvah of פריה ורביה”.[7] Had gay orientation been recognized, the suffering of a wife trapped in marriage to a man thus oriented, would surely have given pause before coercing all and every reluctant male.[8] Firmer evidence for the ‘floated theory’ would appear to transpire from the teshuvah of a foremost twentieth century halakhist: 

 

It is incomprehensible that this thing could involve desire. For in the creation of the human being [or: man] there was no desire in his nature to lust after mishkav zakhur.[9]  That is why Bar Qappara said to Ribbi that it means to‘eh-attah-bah… It is G-d’s scriptural admonition to the wicked: For this transgression behold there is no lust whatsoever, as the lust I created in them was for women because without it human continuity would be impossible as taught at Yoma 69b and San. 64a… But for mishkav zakhur there is no lust whatsoever … Only because it is something prohibited does he do it as an act of defiance … In any event, lust for mishkav zakhur goes against the very nature of lust itself. Therefore any desire for this is only because it is forbidden and the evil inclination entices him to disobey G-d’s will.[10]

 

 

Obviously, gay orientation does not exist for this responsum. If such a construct served as a working premise in halakhic deliberations, it opens the door to the application of a classic strategy, or legal fiction, called  הטבעים השתנות. Recognizing changes in nature (and possibly in culture), that strategy re-examines views that may have rested upon an earlier state of affairs before the change – whether real or fictive. In the case of homosexual orientation, it is contended, that since it formerly had no halakhic existence, Providence must have seen fit to intervene by granting many contemporary human beings an unprecedented kind of orientation. And if so, it may be time to revisit judgments based on a reality (or perceived reality) that predated the ‘intervention’.

 

All the above theories, however cogent, are extraneous to the beth midrash, inside whose walls students seek guidance from the extant talmudic corpus. In that corpus Lev 18:22 is understood to prohibit categorically a specific act between two men. No rationales are formally offered in that literature other than incidental ones of which two have already been noticed – namely, R. Elazar’s concept of blind obedience to a peremptory fiat and Bar Qappara’s תועה אתה בה

 

That said, we must not overlook the amply documented resource whereby the rabbis appealed to one scripture in order to override the literal sense of another scripture. Take, for instance, Leviticus 11:8. Referring to the four animals itemized in verses 4 through 7verse 8 continues: “Their flesh you shall not eat and their carcasses you shall not touch they are unclean unto you.” Logically, the two - eating and touching - demand parity; either both are absolutely proscribed or else neither is. But the Rabbis on confronting this text, whose literal meaning forbids touching the cadavers of the camel, cony, hare and pig, responded as follows. “Can lay Israelites really be prohibited to touch carrion? Scripture says [Lev 21:1] ‘Speak unto the priests, the sons of Aaron, and say unto them, none shall defile himself for a dead person among his kin.’ It is Aaron’s sons that are prohibited, not the children of Israel. If a potent generator of defilement [i.e., a human corpse] had to be avoided by priests alone but not by lay Israelites, a fortiori a lesser generator of defilement [i.e., dead animals]. So what is the meaning [of ‘their carcasses you shall not touch’]? Its meaning is Do not touch the carcasses on the festival.” (Rosh Hashanah 16b; cf. Sifra). 

 

More famous is the fate of the lex talionis: An eye for an eye, a tooth for a tooth etc. (Exod 21:24-25 cf. Lev 24:19-20Deut 19:21). At Numbers 35:31 the rabbis uncovered their cue for commuting these corporal penalties to monetary restitution. Numbers 35:31 ordains “You shall not take a ransom for the life of a murderer” - whence the Talmud deduced “For a murderer’s life you may not take ransom but you may take ransom for limbs” (BQ 83b).         

 

Where is the counter scripture with the potential to mitigate Lev 18:22? Actually we believe such a scripture to exist; but neither the text we have in mind nor, for that matter, any alternative is brought to bear by the Talmud. Therefore, unless - or until - the Talmud-faithful can be persuaded otherwise, received meanings stand. When it comes to Lev 18:22, the received meaning of that verse is unequivocal and precise. As noted, it names a very specific act which it outlaws; neither more nor less. Thus, there seems little leeway for the conscientious stalwart of traditional halakhah.

 

            Those whose view of halakhah is less than sanguine, may feel that view reinforced by our last, unapologetic, paragraph. Yet, how can one apologize for reporting a straightforward reading of the relevant texts? By the same token, one is duty-bound to show the other side of the coin. Because the Talmud, that proscribes a particular behavior, does not doom anyone to a life of enforced desolation. Quite the contrary: it leaves room, as we are about to see, for two individuals of the same gender to experience intimacy with one another without having to infringe Lev 18:22. 

 

            The crucial text occurs in Yerushalmi Sanhedrin. It deals with the question of why forbidding an integral act between men requires two scriptural sources - one each for the active and passive roles. The Talmud knows R. Ishmael and R. Aqiba to have deemed Lev 18:22’s wording (as masoretically vocalized), inadequate to take care of both. To appreciate the anomaly of requiring twofold scriptural authority, one must remember how the rabbis approached the other ‘arayoth injunctions of Leviticus 18. Although those injunctions also address a single party, invariably the male, the rabbis read them as targeting both male and female partners. The clearest enunciation of this principle - that the ‘arayoth laws in general are intended for the absent woman no less than for the directly addressed man - occurs in Sifra.

 

            Leviticus 18:6 launches its ‘arayoth laws as follows: “Man, man! ye shall not draw near to any sh’er basar (near of kin; literally, flesh of flesh) of his to uncover nakedness...”.  Sifra notes that the mention of man might suggest that women are not being charged to keep these laws. Such an inference, Sifra continues, would be erroneous “because plural ‘ye’ (in lo tikrevu, 'ye shall not draw near') indicates that both men and women are being addressed”. This teaching of Sifra is axiomatic to all rabbinic discussions of ‘arayoth, and underlies the question of R. Bun bar Hiyya. 

 

R. Bun bar Hiyya asked R. Zera “Why did R. Ishmael and R. Aqiba treat relations between two males and relations between a person and a beast differently from all other illicit relations [for in all other illicit relations both parties are made liable by a single scripture]?”  He [R. Zera] said to him “In regard to all other illicit relations there is a general and inclusive reference to sh’er basar (Lev 18:6) while in the present cases there is no such reference to sh’er basar”. An objection was raised: “Lo, there is the case of relations with a niddah which is not a sh’er basar relationship [and therefore not covered by Lev 18:6]. Yet, did they [Rabbis Ishmael and Aqiba] treat them [the man who has relations with a niddah and the niddah] as liable [without any additional verse]?” R. Jeremiah [said] in the name of R. Abhu: “Since it is written ‘drawing near’ [at Lev 18:6] and ‘drawing near’ [at Lev 18:19] it is as if all the rules pertaining to the one apply to the other”.[11]

 

            As so often, the Talmud astounds by the closeness of its reading. In this instance, R. Abhu notes that ‘drawing near’ in combination with ‘to uncover nakedness’ occurs but twice in Lev 18 - once in the preamble (v.6) and again in connection with niddah (v.19). Individually, neither ‘drawing near’ nor ‘uncovering nakedness’ is unattested.[12] But conjoined to form a single phrase קרב+גלות ערוה appears nowhere else. R. Abhu further implies, that the phrase’s distribution is not random. Its first occurrence governs the sh’er basar ‘arayoth; its second is called for by niddah. The latter stands apart from sh’er basar ‘arayoth inasmuch as it is not incestuous (i.e., not ‘flesh of flesh’). Indeed, niddah applies to parties that are lawful husband and wife. That would appear to leave the rest of the pericope’s prohibitions outside the ‘drawing near’ loop. In any event, as regards the prohibition of verse 22 the Yerushalmi is unambiguous: neither the first nor the second ‘do not draw near’ extends to verse 22. Now the meaning of ‘drawing near’ in Lev 18 is disputed by rishonim. Maimonides defines it as any physical contact of an intimate kind that leads to carnal knowledge.[13] For Nahmanides, on the other hand, the phrase is a euphemism for actual cohabitation between man and woman.[14] But irrespective of its meaning, the Yerushalmi sets the parameters of לא תקרבו, and 18:22 falls outside those parameters.[15]

            

            As an Orthodox Rabbi, one would be remiss not to give prominence to a source as weighty as this Yerushalmi, especially when its conclusions are so demonstrably rooted in the Written Torah. Furthermore, it is a source that corroborates the Talmud’s assertion: “Everything that the Merciful One has forbidden us, He has permitted us its counterpart” (Hul. 109b). Being able to advise people of homosexual orientation about the counterpart that the Merciful One allows them, adds credence to halakhah’s interdiction. For what it interdicts is precisely and graphically demarcated by Rabbis Ishmael and Aqiba as an act whose performance involves an active and a passive partner. Delineating so exactly the prohibited conduct, hazal exclude by implication interaction short of penetration. To be sure, Rambam - as we have seen - derives fromלא תקרבו  a ban on lesser degrees of interaction. But this is where the Yerushalmi comes in: תקרבו  לא does not apply to Lev 18:22. So to reiterate, the Torah relegates no human being to a life of loveless solitude. This information may relieve the pressure from rabbis and religious counselors; they who agonize over “Vainly paining the heart of the righteous when I had not pained it…” (Ezek 13:22). If, as hypothesized above, halakhists of yore were oblivious of gay orientation, they could discourage, as they often did, all bonding between men without compunction about causing pain. Today we know: and that knowledge deprives us of the luxury to insouciantly condemn fellow Jews to a monastic life on the pretext of ‘being on the safe side’.[16] 

 

       Acquaintance with the complementary rulings, and with where halakhah draws the line, could also empower the decision-making of homosexually inclined women and men who cherish halakhah. In turn, their peers will have to ask themselves: What right have we to be חושד בכשרים or במי שמעשיו סתומים? For once R. Abhu’s Yerushalmi teaching is out there, the mere fact two gay individuals live together will not license an honest bystander to automatically assume that they are in breach of halakhah. Because as Jews familiar with this nuanced halakhah, they will have the presumption of faithfulness to its guidelines. The Talmud depicts a marriage, albeit a heterosexual one, in which the two parties lived together as a couple in all respects except cohabitation, on account of halakhic qualms (San.19b). Huge praise is heaped upon the couple for their heroic abstinence. But how did the rabbis know what went on in the couple’s bedchamber? Either the couple revealed it or, more likely, the rabbis relied on the assumption that observant Jews make every effort to adhere to halakhah.

                                    

 

Are these assumptions compromised when two men publicly proclaim their partnership a marriage? While prying is abhorrent, recent debates have brought the question into the limelight. Surely it depends whether or notבלשון בני אדם  ‘marriage’ is, by definition, a relationship that flouts halakhic boundaries. In other words, if society recognizes in a declaration of marriage the conscious intent of the parties to engage in the specific conduct disapproved by halakhah, then that declaration would tacitly seem to fall under the strictures of ‘writing a ketubah for males’ (see Hullin 92a-b). The ketubah, of course, includes the pledge למיעל... כאורח כל ארעא ; and if a comparable pledge were implicit in ‘marriage’ it would be tantamount to the writing of a ketubah. On the other hand, if ‘marriage’ is adopted to denote sincere commitment, then notwithstanding the public announcement, the presumption (explained above) need not necessarily be undermined.[17] Mutatis mutandis, halakhically-educated heterosexual couples are assumed to observe niddah separation, even though the wife neither moves out of the house for the duration nor is she expected to wear distinctive niddah clothing as was customary among certain Jews in the distant past. Needless to say, we do not venture to advise any individual how to live her or his life. Our mandate is strictly academic; setting forth as best we can the germane texts. 

 

            “R. Qatina said When the pilgrims came [to the Temple] on the festivals, they [those in charge] would roll back the veil to let them see the cherubim intertwined with one another.  They would say to them: ‘Behold your endearment before G-d is like the endearment of a man and a woman’” (Yoma 54a). But were the cherubim male and female? Elsewhere the Talmud portrays them as having the faces of young lads (Suk. 5bHag. 13b; cf. Torah Temimah on Exod 25:18). So as it turns out, the divine love towards Israel was symbolized by two lads locked in a tight hug as if husband and wife. The image of this aggadah speaks for itself. Like the halakhic passage we saw in Yerushalmi Sanhedrin, it reminds us that love is not condemned, but only its expression in the one way interdicted by Torah. Is it naive to find a modicum of healing in such a message?

 

            Some day, more reverential and prayerful study will perhaps yield unforeseen results. When Esther and Mordecai sought to institute the new feast of Purim, the Elders were greatly perturbed. “Moses said to us no other prophet is going to innovate anything henceforth. Yet Mordecai and Esther seek to innovate. They did not stop debating until the Holy One blessed be He lit up their eyes and they discovered it written in the Torah, in the Prophets and in the Writings”.[18] 

 

 

 

       

 


 


[1] This article benefitted immensely from the advice of Rabbi Yitzhak Ajzner. His contribution is herewith gratefully acknowledged. It has been further enhanced by the meticulous attention and valuable suggestions of Rabbi Noah Gradofsky.

[2] These revilers typically reserve their insinuations and slurs for the conduct dubbed to‘ebah. Some, however, stretch their revulsion to encompass not merely the conduct, but also LGBT persons. Their self-righteousness evidently blinds them to the distinction between things or phenomena designated to‘ebah (or to‘abath Hashem) and exceptional wrongdoers that are thus designated. Examples of the former are furnished by Lev 18:22 and 20:13 that apply to‘ebah, not to persons, but to an act. When Torah wants to brand persons to‘ebah, it knows how to do so. Necromancers, soothsayers and their ilk it brands at Deut 18:12, and cross-dressers at. 22:5. At 25:16 it is the turn of perverters of justiceתועבת השם כל עשה אלה כל עשה עול .

[3] Sifra to Lev 20:26 (Assemani 66 pp. 412-413) (text of Sifra on Sefaria here).

[4] The attribution is contested by scholars who consider so-called ‘Rashi’ on tractate Nedarim an early ashkenazic work from Rashi’s circle but not by the master himself. This opinion goes back at least as far as the Beth Yosef (Hoshen Mishpat 186 quoting this comment attributed to Rashi on Nedarim 31b in the name of “the commentator” rather than “Rashi”; see Shem ha-Gedolim of the HIDA here and here (first full paragraph of each page) [Hayim Joseph David Azulai d. 1806]).

[5] Such a construal of the law’s purpose approximates R. Judah the Pietist’s (d.1217) as recorded by his son  “אומר מ"א מה שאסרה תורה לשכב את זכר ... הכל בעבור שישאו נשים ויקיימו פריה ורביה”(פרושי התורה לר' יהודה החסיד Lange edition, Jerusalem 1975 pp.147-148).

[6] Extrapolations from טעמא דקרא abound in rabbinic literature (for examples see our An Adventure in Torah, KTAV 2022 pp.161-167). Rigorists maintain that the age of such extrapolating ended with the sealing of the Babylonian Talmud, notwithstanding the evidence of its later employment.

[8] Yes, the rabbis gave a wife recourse against a husband who was מורד; but that provision is narrowly circumscribed. 

[9] Often translated sodomy; but historically, sodomy’s connotation was broader than mishkav zakhur’s.   

[10] אגרות משה אורח חיים חלק ד' סימן קט"ו, בני ברק תשמ"ב עמו' ר"ה-ר"ו, cf. Rashi at San.58a s.v. ודבק ולא בזכר.

[11] Yer. San. 7:7 [25a]; adapted from Jacob Neusner’s Translation, 1984 pp. 226-227. 

[12] Indeed both figure in 18:14, but there each is enwrapped in its own grammatically discrete clause.

[14] Hasagot on Sefer ha-Mitzvot, negative command 353.  Accordingly, לא תקרבו לגלות ערוה  would be rendered: do not have relations that are incestuous [or illegitimate].

[15] The tradition that R. Ishmael and R. Aqiba required dual scriptural authority in order to include both parties is widely attested (e.g., San. 54b; [cf. Ker.3a]; Sifra Assemani 66, p.379 (text of Sifra on Sefaria here), the latter source also attesting to the tradition distinguishing bestiality and same-sex cohabitation from the other behavior prohibited in Leviticus 20. Although R. Bun bar Hiyya and R. Abhu (or their counterparts) are lacking in the Bavli and Sifra, there is no good reason to suppose that Bavli and Sifra would reject R. Abhu. Nor is R.Abhu opposed by the following Sifra passage:ואל אשה בנדת טומאתה לא תקרב לגלות ערותה אין לי אלא שלא יגלה מנין שלא תקרב ת"ל לא תקרב. אין לי אלא נדה  בל תקרב בל תגלה. מנין לכל העריות בל תקרבו ובל תגלו ת"ל לא תקרבו לגלות.  The phraseכל העריות  in the contex is surely shorthand for all she’er basararayoth which are, in fact, the only group of ‘arayoth besides niddah to be prefixed by לא תקרבו

[16] Some argue that the idea of ‘playing safe’ is prompted by משמרת as in ושמרתם את משמרתי (Lev 18:30). However, that exhortation the rabbis apply specifically to שניות (secondary incestuous relations; Yeb. 21a et al.). Moreover, even Rambam who forbids subsidiary forms of עריות intimacy, does not cite משמרת or סייג. Instead, Rambam cites scriptural לא תקרבו - a phrase unique to ‘arayoth and not to be confused with vague סייג.  And, as we have learnt from the Yerushalmi, Lev 18:22 lies beyond the scope of לא תקרבו

[17] Along the same lines, LGBT individuals who seek giyyur, when being introduced to mitsvot, they will be apprized of the halakhic demarcation lines pertaining to Lev 18:22. The beth din could then assume that the prospective ger accepts the terms because they are not terms feasible only for השרת  מלאכי

Philogoyyism

 

I am happy to be a Jewish Israeli who prefers to be liked by others, but I know that a healthy person ought not to overly worry whether they are liked by others. As my friend Eli Schonfeld says, “The ‘Jewish Question’ is not a Jewish question.” Let non-Jews worry about it. As a Jew, I think I should worry about philogoyyism. How ought I relate to non-Jews?[1]

The question is new. For at least two millennia Jews indeed had to worry about what non-Jews thought of them. Even today Jewry’s enemies force themselves upon our attention, be it through plain old-fashioned Jew-hatred, widespread Muslim antisemitism, or the immoral stupidity of so-called progressive forces that identify with Hamas. Anti-Zionists (Jewish and non-Jewish), unless they reject all nationalisms, are culpably ignorant and thus immoral. In practical terms they must be opposed and resisted, of course, but they do not represent a threat to Judaism.

The real threat to Judaism today comes from within, from circles that take advantage of current recrudescent Jew-hatred to justify disdain for and often hatred of goyyim (Gentiles).[2] There are, of course other internal threats: “Gedolim” who urge their followers to reject army service in Israel is one that particularly outrages me, but I see it as a temporary problem. As soon as our government stops underwriting draft evasion more and more young haredim will choose to get a modern education and to serve Israeli society in a variety of ways, including through enlistment.

What do I mean by “philogoyyism”? Historically, as the old Jewish joke has it, antisemitism has meant disliking Jews more than is really necessary. Its opposite, philosemitism, has not meant liking Jews more than is really necessary. For me, philosemitism need not mean admiring or loving Jews more than other people. Ideally, it should mean treating Jews no differently than one treats other people. That is what I mean by “philogoyyism”: treating goyyim the way the Torah treats them—as human beings created in the image of God. Some goyyim (like some Jews) are likeable, some (like some Jews) are impossible, both without respect to their Jewishness or their goyyism.

What does the Torah teach us about the nature of Jews vis-à-vis the nature of goyyim? Nothing. There are no passages in the Torah that impute to the Jews as such characteristics missing in other peoples. The Torah is careful to delineate family trees, of course, but that may be only to emphasize, as R. Josef Kafih pointed out, that we are all descended from the same antecedents (Adam and Eve, Noah and Mrs. Noah), and are all of us are thus cousins.[3] Before Sinai, all human beings are Noahides, including the Patriarchs and their descendants. Indeed, the Torah seems to go out of its way to emphasize that the future messiah would descend from two non-Jewish women (Tamar and Ruth). 

The issue of philogoyyism is particularly pressing today in Israel. Our government is dominated by parties that deny that Jews and non-Jews are equally created fully in the image of God and are equally beloved by God. These parties represent a trend in Judaism that clearly exists (sadly), but they present it as the only legitimate form of Judaism. That is false. It is also dangerous to Israeli democracy.

The doctrine of the chosen people, while certainly central to Jewish self-understanding, is not unique to the Jews.[4] The Jews, however, may be the only people to ground their chosenness in a covenant with God.[5] Why did God enter into the covenant with the Patriarchs Abraham, Isaac, and Jacob, and their descendants? There is surprisingly little discussion of this point in the Torah itself. There are many iterations of the idea that God chose the Jews (“How odd of God to choose the Jews…not so odd, the goyyim annoyed Him”) out of love for their ancestors, but why did God love their ancestors? That is a question that generated an on-going debate between Judah Halevi and his followers and Maimonides and his followers.[6]

The Torah teaches that the Jews were God’s am segulah, treasured (chosen) people. What does it say about the “unchosen”? About the vast run of humanity, the Torah has little to say. There are clearly “others,” first and foremost those who are to be exterminated: the seven Canaanite nations and Amalek.[7] Other others include those with whom Israelites may not marry (Moabites and Amonites). There are other others, of course, about whom the Torah does not have much to say, beyond acknowledging their existence: Edomites and Egyptians primarily. There are also Abraham’s other progeny, Ishmael assuredly, but also those born to him after Sarah’s death by his wife Keturah. Here it is very useful to bring into play Jacob Kaminsky’s distinction between the elect (God’s chosen people), the “anti-elect” (Amalek and the “Seven Nations”), and the vast run of humanity whom Kaminsky calls the “non-elect.”[8]

Alexander  Altmann put this matter well:

 

[Judaism,] it may be said, in general, is intolerant of Israelites falling away from the God of the Fathers and of the Covenant. It shows no trace of intolerance of heathens following their customs and traditions. Ruth the Moabite is welcomed as a proselyte, but Orpah, her sister-in-law is not reproved because of her return to her native paganism. David and Solomon extended their kingdoms far beyond the Israelite borders, but they did not impose their religion on the subjugated peoples.[9] 

 

The Biblical story opens, of course, with the creation of all that is. Abraham, the progenitor of those whom we now call Jews, does not show up until 20 generations have passed. For many traditionally oriented Jews today (influenced by R. Judah Halevi and those who follow him), Abraham was literally and specifically chosen by God. For Maimonides and those who follow him, on the other hand, Abraham chose God.[10]

Returning to Halevi, Abraham belonged by descent to a special subset of humanity capable of achieving prophecy. This special subset of humanity continued to develop through Abraham (but not through his brother Haran, or his nephew Lot, or the children of his second wife, Keturah), through Isaac (but not through his brother Ishmael), and through Jacob (but not through his brother Esau) and finally to all of Jacob's descendants, the children of Israel/Jacob.[11]

The Torah itself seems to support a view later to be held by Maimonides rather than that later to be held by Judah Halevi. The clearest expression of this might be Dt. 7:6–8:

 

For you are a people consecrated to the Lord your God: of all the peoples on earth the Lord your God chose you to be His treasured people. It is not because you are the most numerous of peoples that the Lord set His heart on you and chose you—indeed, you are the smallest of peoples; but it was because the Lord favored you and kept the oath He made to your fathers that the Lord freed you with a mighty hand and rescued you from the house of bondage, from the power of Pharaoh king of Egypt.[12]

 

God chose Israel as a special treasure for no characteristic of theirs, but, rather, to keep a promise made to the Patriarchs, their ancestors. This and similar verses can be read differently, but this seems to be the simple sense, and it is certainly the way that Maimonides (but not Halevi![13]) read them.

 

Thus, for example, in Guide iii.51 we find Maimonides stating:

 

It is also the plane our Patriarchs reached, coming so close to God that He became known to the world through them: The God of Abraham, the God of Isaac, the God of Jacob…This is my universal name (Ex. 3:15). One result of this union of their minds with thoughts of God is His eternal covenant with each of them: I shall remember my covenant with Jacob [---and also My covenant with Isaac, and My covenant with Abraham shall I remember] (Lev. 26:42). For these four—the Patriarchs and our Teacher Moses—were plainly united with God by love and knowledge of Him, as our texts proclaim. Another result was his Supernal providence over them and their seed after them…[14]

 

For Maimonides the election of Israel is a consequence of the antecedent covenant made by God with the Patriarchs. This covenant is a consequence of their love and knowledge of God, not a consequence of any special characteristic found in the Jewish people—zekhut avot (ancestral merit) indeed!

So what is the relationship between the efforts of the Patriarchs and the Jewish People? Maimonides continues (p. 521):

 

For the object of their efforts, lifelong, was to found a nation that knew and served God: For I have know him, that he may charge [his children and his house after him to keep the way of the Lord, by doing right and justice] (Gen. 18:19). Their every endeavor, you can see was devoted to spreading monotheism through the world, guiding people to the love of God. So they earned the rank they reached [emphasis added].

 

In this crucial passage Maimonides informs us that the object of the Patriarchs was to found a nation that knew and served God, a nation educated to keep the way of the Lord by doing right and justice. The overall aim of the Patriarchs, and one assumes Maimonides held, of the Jewish people also, was to spread monotheism throughout the world. We also learned that the Patriarchs earned their rank; it was not inherited as Halevi would have it. So, too, their descendants have to justify their chosenness by earning it.

This is a doctrine of election far from those of Halevi, Zohar, Kabbalah, and of far too many Jews today.

It turns out that Bible (and rabbinic texts) do not offer clear answers to questions concerning the reason for election and the nature of the Jewish people. This is not surprising: These texts are not overtly theological in nature and rarely address abstract theological issues straightforwardly, if at all. Was the Torah given to Israel in consequence of God’s choice or was the giving of the Torah the mechanism of God’s choosing (as Halevi and Zohar would have it)?  Deuteronomy (7:6–8) as we just saw appears to answer that question by de-linking God’s choice to some quality of the Jewish people. Others could have been chosen but weren’t. On this view, The Torah is a record of what “happened to happen,” not a record of what had to happen.[15]

 

Election—Torah

 

The Book of Genesis is largely devoted to the history of God’s relationship with the Patriarchs, but the reason behind that relationship is never made clear. God chooses Abraham by commanding: “Go forth…” (Gen. 12:1) but no explanation for that choice is found.

The ancestral patrimony is not raised in a passage from Deuteronomy dealing with what came to be called the election of Israel, 14:1–2:

 

You are children of the Lord your God. You shall not gash yourselves or shave the front of your heads because of the dead. For you are a people consecrated to the Lord your God: the Lord your God chose you from among all other peoples on earth to be His treasured people.

 

That these verses teach that God chose Israel from among all the nations is clear. Why? These verses do not tell us.

 

Similarly, in a further passage in Deuteronomy (26:16–19):

 

The Lord your God commands you this day to observe these laws and rules; observe them faithfully with all your heart and soul. You have affirmed this day that the Lord is your God, that you will walk in His ways, that you will observe His laws and commandments and rules, and that you will obey Him. And the Lord has affirmed this day that you are, as He promised you, His treasured people who shall observe all His commandments, and that He will set you, in fame and renown and glory, high above all the nations that He has made; and that you shall be, as He promised, a holy people to the Lord your God.

 

“High above all the nations (elyon al kol ha-goyyim)”—many will want to read that as a claim of Israel’s inherent superiority. Nevertheless, the verse itself speaks of superiority in fame, renown, and glory, nothing else. Here the connection between election and obedience to the commandments is made clear.

The prophet Amos seemed to be conflicted about the nature of the election of Israel. On the hand one, he wrote (1:1–2):

 

Hear this word, O people of Israel,
That the Lord has spoken concerning you,
Concerning the whole family that I brought up from the land of Egypt: You alone have I singled out
Of all the families of the earth—
That is why I will call you to account
For all your iniquities.

 

On the other hand, six chapters on, he states (9:7):

 

To Me, O Israelites, you are
Just like the Ethiopians
—declares the Lord.
True, I brought Israel up
From the land of Egypt,
But also the Philistines from Caphtor
And the Arameans from Kir.

 

But the following verse makes clear that unlike the Philistines and Arameans,

 

Behold, the Lord God has His eye
Upon the sinful kingdom:
I will wipe it off
The face of the earth!
But, I will not wholly wipe out
The House of Jacob
—declares the Lord.

 

For Amos, being the apple of God’s eye, as it were, can have negative consequences—unique attention and unique punishment—but the House of Jacob will never be wiped out.

One thing is clear from this brief survey: There is no obvious biblical doctrine of election. Given the nature of the Bible itself, this is not surprising, even if it would surprise many Jews today.

Continuing with the issue of theological surprises, there is very little doubt that most Jews raised in a traditional context would be surprised to discover that rabbinic texts contain a variety of positions concerning God’s choice of Israel.[16] Many of them would be even more surprised to discover that many such texts imply the view (later adopted by Maimonides) that God might have chosen other nations, and that the choice of Israel reflects no special qualities found in the Jewish people. 

This may be the message of the following oft-cited passage (AZ 2b): “R. Johanan says: This teaches us that the Holy One, blessed be He, offered the Torah to every nation and every tongue, but none accepted it, until He came to Israel who received it.” The point of this passage is not to teach history, but to praise the ancient Israelites, who accepted the Torah unconditionally.[17] However, the praise makes no sense had the Torah been predestined for the Jews.

Menachem Hirshman has analyzed in detail the many texts that ask why Torah was given in the Wilderness of Sinai as opposed to the Land of Israel. Hirshman demonstrates that these texts teach that God chose to do so in order that the Torah could have been available to all the nations.[18] It should be no surprise that thinkers who hold such a view expect the Torah to be accepted by all nations in the fullness of time.[19]

These few paragraphs do not do justice to the rich variety of rabbinic opinions on the nature of the election of the Jews. What they do indicate is that the variety of opinions available to the post-rabbinic Jewish tradition is certainly more variegated than many Jews today have become accustomed to think. This is particularly true in Israel, among Orthodox religious Zionists who are raised to believe that Halevy, Zohar, Ramban, Maharal, and following them Rav Kook, represent “authentic” Orthodox Judaism. It is equally true among Haredim, whose Judaism is deeply inflected by Kabbalah (obviously in the case of Hasidim, but no less so in the case of non-Hasidim for whom Reb Haim Volozhin’s Nefesh Ha-Hayyim is a core text).

 

Election—Liturgy

 

The Jewish liturgy may be no more interested than the Bible in theological consistency, but it surely emphasizes the election of Israel in the context of God’s love for the Jewish people.

A text well known to all Jews who attend traditional services on the three pilgrim festivals and on the High Holy Days states:

 

You have chosen us from among all nations, loved us, desired us above all other tongues; You have sanctified us with your commandments and brought us close, our King, to your worship; you have called us by your great and holy name…

 

Here we see God’s love for the Jewish people and the election of Israel directly connected. Sanctification by the commandments,[20] the privilege of worshiping God, and having God’s name (El) made part of the peoples’ name (Israel) all appear to be consequences of that election, even if we are not told why God loved the Jews.

The motif of love finds emphatic expression in a central place in the daily liturgy, the blessing preceding the recitation of the Shema:

 

With great love have you loved us, our Lord and God, with great and boundless compassion have you been compassionate to us. Our Father and King, because of our ancestors who trusted in you… Blessed are you, Lord, who chooses his people of Israel in love.

 

Here the motif of ancestral merit takes pride of place. Followers of both Halevi and Maimonides accept this idea. For Halevi the patriarchs of the Jewish people were chosen for God’s special interest because of their descent—no one else could have been chosen. For Maimonides it was the historically contingent fact that Abraham chose God and raised a son and grandson who followed in his footsteps that gained for them the special merit in light of which God promised to elect their progeny.

We have examined examples from the liturgy expressing God’s special love for the Jewish people. However, the liturgy also teaches that God is concerned with the well-being of all human beings, apportioning reward and punishment to them all. Thus, for example, in a hymn traditionally given pride of place in the Ashkenazic liturgy of the High Holy Days (“Unetanah Tokef”) we find:

 

We acclaim this day's pure sanctity, its awesome power. This day, Lord, Your dominion is deeply felt. Compassion and truth, its foundations, are perceived. In truth do You judge and prosecute, discern motives and bear witness, record and seal, count and measure, remembering all that we have forgotten. You open the Book of Remembrance and it speaks for itself, for every man has signed it with his deeds. The great shofar is sounded. A still, small voice is heard. This day even angels are alarmed, seized with fear and trembling as they declare: "The day of judgment is here!" For even the hosts of heaven are judged. This day all who walk the earth [kol ba'ei olam] pass before You as a flock of sheep. And like a shepherd who gathers his flock, bringing them under his staff, You bring everything that lives before You for review. You determine the life and decree the destiny of every creature.[21]

 

Despite what many traditionalist Jews mistakenly believe,[22] this hymn means what it says: On Rosh ha-Shanah God examines and judges all human beings, Jew and non-Jew. 

This duality, God’s particular love for the Jewish people, allied with concern for all humanity, finds dramatic expression in one of the core elements of the Jewish liturgy, the aleinu prayer, the first paragraph of which emphasizes the election of Israel while the second anticipates a universalist messianic era.

 

Election—Judah Halevi and Maimonides

 

Judah Halevi and Maimonides essayed answers to the question why God chose the Jews, answers that reflect very different understandings of what the Jewish religion actually is.[23] For Halevi, God really had no choice, as it were, in the matter of choosing the Jewish people: The choice of the Patriarchs and their descendants after them was determined by their special qualities. As noted above, for Maimonides God did not choose the Jews; rather, the Jews (or, more precisely, their progenitor, Abraham) chose God. The covenant with Abraham’s descendants was both a fulfillment of a divine promise made to Abraham and a reward to him for having chosen God. As we have seen, the Torah itself offers no conclusive support to either view.

Maimonides and Halevi et al. all agree that the nation that came to be called Jewish was chosen by God. For Halevi, this is a function of the special nature of the Jewish people, determined from creation. For Maimonides this is basically a function of an historically contingent event; it did not have to be the ancestor of the Jews who rediscovered God.

The Bible is, of course, a complex document, but until the Book of Ezra there appear to be no texts that clearly support Halevi over Maimonides, i.e., that support the claim that the Jewish people are in some inherent fashion innately superior to non-Jews, to the other.[24] Indeed, Christine Hayes, in an important article,[25] opines that

 

The rabbis seem eager to disassociate themselves from Ezran holy seed rhetoric and related Second Temple traditions that denounced even casual interethnic unions as capital crimes, subject to the vengeance of zealots. They rule that those who read a universal prohibition of intermarriage into the Bible are to be severely suppressed (M. Megillah 4:9). The rabbis' failure to take up Ezra's ban on foreign wives and their children—indeed, their very reversal of this program by allowing conver­sion—is all the more remarkable in light of the rabbis' general perception and presentation of themselves as Ezra’s (indirect) successors.

 

Assuming that Hayes is correct, we might have here an example of a rabbinic attempt to resist the conversion of universalist aspects of the Bible to a hard-edged particularism. The very fact that the laws of conversion were codified in Talmud and later codes indicates that the Rabbis resisted Ezra’s attempt to harden the distinction between Jew and non-Jew. Non-Jews can become Jews because, in the final analysis, there is no difference between them so far as their humanity is concerned. This is a message which many Jews today would be well advised to learn.

 

Election Tomorrow—A Modified Maimonideanism

 

According to the twelfth of Maimonides' Thirteen Principles of Faith, Jews are bid to anticipate the coming of the Messiah, “even though he tarries,” (as the popular Ani Ma’amin poem puts it) and pray for his coming.[26] Why? Not in order to enjoy power and dominion, or this-worldly pleasures, but in order to be free to devote themselves to the Torah and its wisdom.[27] Such devotion will make those wise enough to engage in it "worthy of life in the world to come." In such a well-organized and enlightened world, in which its natural riches are shared among human beings rationally as opposed to selfishly, not only will war disappear, but delicacies will be as common as dust. This is not a function of miracles, but of proper organization and the self-restraint of a population focused on important matters. Is it any wonder that in such a world human beings (not just Jews) will achieve great wisdom? The point of the Messiah's coming is thus to help human beings bring about a peaceful society enjoying the just allocation of resources and devoted to the cultivation of the intellect.[28]

Maimonides brings his most extensive discussion of the messiah to a dramatic summation in “Laws of Kings,” xii.4. With this text, he ends the entire Mishneh Torah:

 

The Sages and Prophets did not long for the days of the Messiah that they might exercise dominion over the world, or rule over the nations, or be exalted by the peoples, and not in order to eat and drink and rejoice, but so that they be free to devote themselves to the Torah and its wisdom, with no one to oppress or disturb them, and thus be worthy of life in the world to come, as we explained in 'Laws Concerning Repentance'. [29] Then there will be neither famine nor war, neither jealousy nor strife. Good things will be abundant, and delicacies as common as dust. The one preoccupation of the whole world will be only to know the Lord. Hence they[30] will be very wise, knowing things now unknown and will apprehend knowledge of their Creator to the utmost capacity of the human mind, as it is written: For the land shall be full of the knowledge (de'ah) of the Lord, as the waters cover the sea (Isa. 11:9) [emphasis added].[31]

 

Maimonides provides a parallel description of the messianic world in a very short chapter of the Guide of the Perplexed (iii.11; Pines, 440–441). Zev Harvey has pointed out that this chapter of the Guide is a kind of poetic and philosophical rendition of the last paragraph of the Mishneh Torah, glossing it in the way Maimonides meant it to be read.[32] Here is the chapter in its entirety:

 

These great evils that come about because the human individuals who inflict them upon one another because of purposes, desires, opinions, and beliefs, are all of them likewise consequent upon privation. For all of them derive from ignorance, I mean from a privation of knowledge. Just as a blind man, because of absence of sight, does not cease stumbling, being wounded and also wounding others, because he has nobody to guide him on the way, the various sects of men—every individual according to the extent of his ignorance—does to himself and to others great evils from which individuals of the species suffer. If there were knowledge, whose relation to the human form is like that of the faculty of sight to the eye, they would refrain from doing any harm to themselves and to others. For through cognition of the truth, enmity and hatred are removed and the inflicting of harm by people on one another is abolished. It holds out this promise, saying: And the wolf shall dwell with the lamb, and the leopard shall lie down with the kid, and so on. And the cow and the bear shall feed, and son on (Is. 11:6–8). Then it gives the reason for this, saying that the cause of the abolition of these enmities, these discords, and these tyrannies, will be the knowledge that men [al-nas] will have then concerning the true reality of the deity. For it says: They shall not hurt nor destroy in all My holy mountain; for the earth shall be full of the knowledge of the Lord, as the waters cover the sea (Is. 11:9). Know this.

 

There is, of course, much more to be said about Maimonides’ view of the messiah and of the messianic era, but the texts cited here should be enough for me to be able to conclude this essay with the following argument. I assert, following what I learned from Steven Schwarzschild (who always insisted that he was only following Hermann Cohen), if not necessarily from Maimonides himself, that ends should determine means.[33] That being the case, if we can show that Maimonides anticipated a messianic era characterized by enlightenment and (therefore) peace, we can then point out to him (whatever he himself may have thought in the midst of the crusades) that war and discrimination among human beings will never achieve that end. This position is Maimonidean, if not necessarily that of Maimonides himself.[34]

Judaism, Maimonides would insist, has something important and valuable to teach the whole world even for those who deny the truth of the Torah as adumbrated in the rabbinic tradition. I refer to aspects of the messianic hope as expressed by Maimonides, especially as that hope was understood by Hermann Cohen and by Steven Schwarzschild after him.[35]

Two aspects of Maimonides’ messianic teaching are relevant to us here are: universalism and naturalism. This is not the place to defend an interpretation of Maimonides according to which by the time the messianic process reaches its completion all human beings will worship God from a stance of religious equality.[36] In Maimonides’ view, the point of the messianic era is to bring the Torah lekhol ba’ei olam, to all human beings. One can easily derive from Maimonides the understanding that the Torah in question is Abrahamic, not Mosaic; i.e., a Torah of ethics, science, and philosophy.[37] Maimonides’ messianic naturalism is admitted even by those made uncomfortable by it.[38]

This messianic vision offers us a goal at which to aim, an ideal by which to regulate our behavior. That goal is the realization of the opening chapters of the Bible: all human beings are created in the image of God and should be treated, therefore, as Kant would later put it, as ends also, never as means only. Maimonides’ naturalism means that this goal can be achieved by human beings, without divine intervention, miraculous or otherwise.

Kant insisted that ought implies can: if I ought to do something, I must be able to do it. Steven Schwarzschild insisted on a Jewish corollary to that Kantian teaching: If I can achieve some worthwhile goal, then I ought to try to achieve it. Getting ever closer to a messianic world is surely a worthwhile goal. Actually reaching that goal may not be possible, but getting ever closer is.[39] Since we can, we should make every effort to make the world a place in which all human beings are treated as creatures made in the image of God. In effect, Maimonides, Cohen, and Schwarzschild teach us that we ought to devote ourselves to the project of creating a messiah-worthy world.[40]

There is something else that Maimonidean messianic universalism and naturalism teaches us: hope. We can hope for (and work toward) a world in which different nations and cultures can value their own contributions to the human mosaic without diminishing the value of others—without wholly “otherizing” the other. If we can hope, we need not despair; the human condition is not necessarily tragic.[41] That message alone justifies the continued allegiance of the Jewish people to the Torah of Israel and to their destiny.

 

 

 

Notes


 


[1] This article is derived in large measure from parts of chapter 3 in my We Are Not Alone: A Maimonidean Theology of the Other (Boston: Academic Studies Press, 2021). This book will be cited henceforth as WANA. I added new material and removed many footnotes that were of interest primarily to academics as opposed to normal human beings.

[2] For hair-raising contemporary examples of “antigoyyism” see WANA, 1–10.

[3] See Rav Kafih’s contribution to Eliezer Ben-Rafael, Jewish Identities: Fifty Intellectuals Answer Ben-Gurion (Leiden: Brill, 2002), 247–253.

[4] For a study of the surprising number of nations which have seen themselves as “chosen,” see Anthony D. Smith, Chosen Peoples (Oxford: Oxford University Press, 2003).

[5] The doctrine of election is so central that even individuals who deny the existence of a choosing God (such as Mordecai Kaplan, Isaac Deutscher and George Steiner) cannot do without the notion of the Jews as chosen. See WANA, 54–62.

[6] See Kellner, Maimonides’ Confrontation with Mysticism (London: Littman Library of Jewish Civilization, 2006) (http://www.littman.co.uk/cat/kellner-maimonides.html).

[7] For sources and discussion, see Kellner, "And Yet, the Texts Remain: The Problem of the Command to Destroy the Canaanites," in Katell Berthelot, Menachem Hirshman, and Josef David (eds.), The Gift of the Land and the Fate of the Canaanites in Jewish Thought (Oxford: Oxford University Press, 2014): 153–179.

[8] See Joel Kaminsky, Yet I Loved Jacob: Reclaiming the Biblical Concept of Election (Nashville: Abingdon, 2007).

[9] Alexander Altmann, "Tolerance and the Jewish Tradition," in The Robert Waley Cohen Memorial Lecture (1957): 1–18, p. 6.

[10] Maimonides, “Laws of Idolatry,” ch. 1; WANA, 10–16.

[11] Further on Halevi, see WANA, 31–36.

[12] See also Gen. 17: 1–4, Dt. 4: 31–40, and Dt. 10: 14–15. Zekhut avot (ancestral merit) is explicitly cited in Dt. 10: 14–15.

[13] So far as I could determine, Halevi pays no special attention to these verses in the Kuzari.

[14] I cite from the new translation of Lenn Goodman and Philip Lieberman (Stanford: Stanford University Press, 2024), p. 520. On this translation, see https://traditiononline.org/the-guide-to-the-perplexed-a-new-translation/. There is much to say on Maimonides on love and knowledge of God, but this is hardly the place for it.

[15] See Matanel Bareli and Menachem Kellner, “Maimonides on the Status of Judaism,” Shalom Sadiq and Ehud Krinis (eds.), Cultural Encounters in Late Antiquity and the Middle Ages: Studies in Honour of Daniel J. Lasker (Berlin: DeGruyter, 2021): 135–161.

[16] Halevi’s tremendous influence might play a role here. Daniel J. Lasker argues that Halevi carefully avoids showing his readers the wide variety of rabbinic opinions on the nature of election. See p. 187 in Lasker, "R. Judah Halevi as Biblical Exegete in the Kuzari," in S. Hopkins et al., (eds.), Davar Davur Al Ofanav: Mehkarim Be-Parshanut Ha-Mikra Ve-Ha-Koran Bimei Ha-Benayim Mugashim Le-Haggai Ben-Shammai, (Jerusalem: Makhon Ben-Zvi, 2007), 179–192 (Heb.). 

[17] In contrast to the other nations, each of which inquired what would be required of them before accepting the Torah (Mekhilta d’Rabbi Ishmael, Yitro, Massekhta Hahodesh, v). For a more detailed analysis of this text in its context and other relevant texts, see Kellner, Gam Hem Ḳeruyim Adam: Ha-Nokhri be-einei ha-Rambam (Ramat-Gan: Bar-Ilan University Press, 2016) 30–37.

[18] Menachem Hirshman, Torah Lekhol Ba'ei Olam (Tel Aviv: Ha-Kibbutz Ha-Meuhad, 1999).

[19] See Kellner and David Gillis, Maimonides the Universalist: The Ethical Horizons of Mishneh Torah(London: The Littman Library of Jewish Civilization, 2020), 277–301.

[20] By which Maimonides means that verses such as Lev. 19: 2 and 11: 44 (calling upon the Jews to be holy) are not positive commandments, but “charges to fulfill the whole Torah, as if He were saying: ‘Be holy by doing all that I have commanded you to do…” (Maimonides, Book of Commandments, 4th principle – in the translation of Charles Chavel [London: Soncino, 1967), vol. 2, p. 381]). Nahmanides, in his critical glosses on the Book of Commandments, criticizes Maimonides for seeing such verses as generalizations of the commandments as opposed to divine promises, as he takes them to be. Further on this, see Kellner, Confrontation, ch. 3 in general, and p. 102 in particular.

[21] See R. Kimelman, “U-N’Taneh Tokef as a Midrashic Poem,” in D. Blank (ed.), The Experience of Jewish Liturgy (Leiden: Brill, 2011): 115–146, p. 117.

[22] See Kellner, "Monotheism as a Continuing Ethical Challenge to Jews," Y. Tzvi Langermann (ed.), Monotheism and Ethics: Historical and Contemporary Intersections among Judaism, Christianity, and Islam (Leiden; Brill, 2012): 75–86, for an analysis of this text and an example of learned Jews who refuse to accept it at face value. For another universalist hymn from the liturgy (va-ye’etayu) see Gam Hem, p. 37.

[23] For an insightful comparison between Halevi and Maimonides, see David Hartman, Israelis and the Jewish Tradition: An Ancient People Debating its Future (New Haven: Yale University Press, 2000). The different views of Maimonides and Halevi about the nature of the Jewish religion reflect different views about God. Halevi’s God is surely “the God of Abraham, Isaac, and Jacob,” while the God of Maimonides is surely that, but also seeks to come as close as possible to “the God of the philosophers.” Further on this, see Confrontation, p. 80n.

[24] Apropos Halevi, it is important to recall that his own views on the special nature of the Jewish people bear all the hallmarks of Shi’ite influence. See WANA, 14–15 (notes).

[25] Christine Hayes, "The ‘Other’ in Rabbinic Literature," in C. Fonrobert & M. Jaffee (eds.), The Cambridge Companion to the Talmud and Rabbinic Literature (Cambridge: Cambridge University Pres, 2007), 243–269, pp. 246–247. See further, Christine Hayes, Gentile Impurities and Jewish Identities: Intermarriage and Conversion from the Bible to the Talmud (Oxford: Oxford University Press, 2002).

[26] On Maimonides’ principles of faith, see Kellner, Dogma in Medieval Jewish Thought (Oxford: Oxford University Press, 1986), 10–65, and Kellner, Must a Jew Believe Anything? (2nd ed.) (Oxford: Littman Library of Jewish Civilization, 2006). On the poem Ani Ma’amin, see Joshua Berman, Ani Maamin: Biblical Criticism, Historical Truth, and the Thirteen Principles of Faith (Jerusalem: Magid, 2020).

[27] I purposefully ignore Maimonides’ strict intellectual elitism; the Maimonideanism I propose here is modified.

[28] On this, Eugene Korn (personal communication) comments: “Interesting: The godless Jews wind up more pessimistic than Kohelet, while the antiquated traditional theists wind up the historical optimists. The divide between theistic/atheistic existentialists yields the same results: hope vs pessimism.”

[29] “Repentance,” ix. 2.

[30] Presumably the inhabitants “of the whole world,” the ba'ei olam who, Maimonides says, can achieve the highest possible level of sanctity even in this dispensation (see Kellner and Gillis, Maimonides the Universalist, ch. 7 and Hirshman, Torah lekhol ba’ei olam). On the textual issues here see: See Kellner, "Farteitcht un Farbessert (On 'Correcting' Maimonides)," Me'orot [=Edah Journal] 6.2 (2007). (http://library.yctorah.org/files/2016/07/Kellner-on-Rambam-FINAL.pdf). Here is a good opportunity to point out that many well-known Maimonidean texts were “translated and improved” over the generations. In addition to my article just cited, see https://traditiononline.org/book-review-kisvei-harambam-writings-of-rabbi-moshe-ben-maimon-the-rambam/ and also the next note.

[31] For detailed glosses on this passage see Kellner and Gillis, Maimonides the Universalist, ch. 14.

[32] See Zev Harvey, ‘Averroes, Maimonides, and the Virtuous State’ (Heb.), in

Iyunim bisugyot filosofiyot likhevod shelomoh pines (Jerusalem, 1992), 19–31.

[33] For Schwarzschild on Maimonides’ Cohenian messianism, or Maimonidean Cohenianism, see below.

[34] It is also the position of Martin Luther King, Jr.:

 

If we don't have good will toward men in this world, we will destroy ourselves. There have always been those who argued that the end justifies the means, that the means really aren't important. But we will never have peace in the world until men everywhere recognize that ends are not cut off from means, because the means represent the ideal in the making, and the end in process, and ultimately you can't reach good ends through evil means, because the means represent the seed and the end represents the tree.

 

Cited by Jill Lepore in The New Yorker, December 12, 2018, p. 30.

[35] I emphasize that I am about to talk about aspects of Maimonides’ thought. Maimonides the historical figure was a hard-edged intellectual elitist who anticipated the coming of a messianic king. He was no liberal democrat nor a democratic socialist, despite the best efforts of Hermann Cohen and Steven S. Schwarzschild. See Steven Schwarzschild, "The Democratic Socialism of Hermann Cohen," HUCA 27 (1965): 417–38 and Schwarzschild’s essays on Jewish eschatology in Kellner (ed.), The Pursuit of the Ideal: Jewish Writings of Steven Schwarzschild. (Albany: SUNY Press, 1990), chapters 1, 5, 11, and 13.

[36] I have defended this in a series of studies, most recently and most extensively in Kellner and Gillis, Maimonides the Universalist, ch. 14.

[37] For an extended discussion of this admittedly gnomic statement, see ch. 15 in Kellner and Gillis.

[38] For an elegant and profound exposition of Maimonides’ messianic naturalism, see Kenneth Seeskin, Jewish Messianic Thoughts in an Age of Despair.

[39] See Schwarzschild, “The Messianic Doctrine in Contemporary Jewish Thought,” in Abraham Millgram (ed.), Great Jewish Ideas (Washington, DC: B’nai B’rith Department of Adult Jewish Education, 1974), 237–259. Many of Schwarzschild’s ideas, which influenced my presentation here, are found in his “On Jewish Eschatology,” Pursuit of the Ideal, ch. 11 (209–228).

[40] I found a succinct and to my mind brilliant statement of the position advanced here in an essay by Zev Harvey on views of evil in the philosophic and Kabbalistic traditions:

 

The Maimonidean philosophers, unlike the kabbalists and the astrologers, were not primarily concerned about providing comfort as a response to evil. They were more concerned about preventing evil. They were concerned about human responsibility, and the awareness of human responsibility often causes discomfort, not comfort. They insisted that the source of the evils that human beings inflict upon one other is not in some external Satan, but inside the human beings themselves. Since the source of evils is human, we humans can prevent them. We are responsible. One can prevent evils by acting in accordance with reason. One prevents defeat in war not by consulting horoscopes or writing amulets with the names of the proper sefirot on them, but by studying the art of war. Maimonides and his followers sought to understand the psychological and political causes of evil in history in order to determine what actions need to be taken in order to prevent its recurrence. The Kabbalah and Maimonidean philosophy do represent two opposing approaches to the problem of evil in history. If the former tried to comfort the people with myth, the latter tried to improve their situation with reason.

 

See p. 199 in Warren Zev Harvey, "Two Jewish Approaches to Evil in History," in Steven Katz (ed.), The Impact of the Holocaust on Jewish Thought (New York: New York University Press, 2007), 194–201. For Hermann Cohen himself, see his Religion of Reason out of the Sources of Judaism, trans. Simon Kaplan (New York: Frederick Ungar, 1972), 236–261.

[41] See Seeskin, Jewish Messianic Thought, p. 42. See also Kenneth Seeskin, "Maimonides and Hermann Cohen on Messianism," Maimonidean Studies 5 (2008): 375–392, p. 382: “At bottom, commitment to a Messiah amounts to the conviction that the way things are, is not the way they have to be.”

Lashon Hara: Thoughts for Tazria/Metsora

Angel for Shabbat: Tazria/Metsora

By Rabbi Marc D. Angel

 

Years ago, I—along with many others-- regularly received envelopes stuffed with pages put together by a group that claimed to represent “authentic” Judaism. The authors believed themselves to be the sole arbiters of true Judaism, and they vilified those who deviated from their views. Their screeds were drenched in hateful, slanderous language. It seems not to have occurred to them that lashon hara—evil gossip—is a highly serious sin.

Halakha teaches that just as it is forbidden to communicate lashon hara, so it is a transgression to receive it. I sent the authors several requests to remove me from their mailing list but they ignored my requests. I finally came up with a great idea. The next time I received one of their mailings, I took a red magic marker and wrote in large letters on the front of the envelope:  RETURN TO SENDER: OBSCENE MATERIAL. That solved the problem. I received no more mail from them.

When such people engage in gossip/slander/defamation of character, they are indeed generating obscene material. They somehow delude themselves into thinking that they are permitted to defame people whose views they deem insufficiently religious. Their misguided and self-righteous behavior reflects an incredible arrogance…and sinfulness.

The problem has become far more severe now that people can spread their defamations via electronic means. They reach thousands of readers by posting their venom on websites, or entering malicious material on Wikipedia, or sending emails.

Rambam points out that among the sins for which there is almost no possible atonement is the sin of maligning someone in public.  Even if one eventually wishes to repent, he/she will not know who heard the sinful words and therefore cannot ever be sure he/she can reach everyone to retract the wicked statements. Evil words, once made public, are impossible to retract fully. All the more so with “electronic lashon hara.”

Modern technology makes it quite easy for people to post hostile remarks against those with whom they disagree. These ad hominem attacks gain lives of their own, being forwarded to readers who then forward them to others etc.  When people—including those who think of themselves as being religious—spread defamatory material, they undermine the moral fabric of society. 

Rabbinic tradition teaches that the disease of Metsora—spiritual leprosy— is brought on by speaking lashon hara. By debasing others, the sinner becomes debased and befouled. Such individuals need to be isolated so that they can come to terms with their personality flaws…and hopefully change their ways for the better.

The daily Amidah prayer has a concluding meditation: “Oh Lord, guard my tongue from evil and my lips from speaking deceitfully.”  Let everyone pay close attention to these words and strive to live up to them. Lashon hara is obscene material. It must be avoided, it must be rejected, it must be returned to sender for atonement.

 

The Jews of Rhodes and Cos: In Memoriam

(Rabbi Marc D. Angel is Director of the Institute for Jewish Ideas and Ideals. A descendant of Jews of Rhodes, his doctoral dissertation (and first book) was a history of the Jews of Rhodes.)

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

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

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

The mysterious key not only may open up or lock away personal memories; it also functions on a national level. As Jews, the key can unlock thousands of years of history. Today, with trembling, we take the key that opens memories of the Jews deported by the Nazis in late July 1944, the brutal torture and murder of the Jews of Rhodes and Cos.
Some doors lock away tragedies so terrible that we do not want to find the key to open them. But if we do not open them, we betray the victims and we betray ourselves.

I remember my first visit to Rhodes in the summer of 1974, as I was completing my doctoral dissertation on the history of the Jews of Rhodes. I had intended to stay for several weeks; but I left much sooner. I felt very uncomfortable as I walked through the once Jewish neighborhood, now almost totally devoid of Jews. I instinctively resented the many well-tanned European tourists strutting through the streets without a care in the world. I felt that I was witnessing a circus built atop a graveyard.

The Jews are—unfortunately—well experienced in coping with tragedy. How have we managed to flourish for all these many centuries? How have we maintained an indomitable optimism in spite of all that we have endured?

Some years ago, Rabbi Levi Yitzchak Horowitz (known as the Bostoner Rebbe) wrote an article in which he described two concepts in the Jewish reaction to the destruction of our Temples in Jerusalem in antiquity. During those horrific times when the first Temple was destroyed by the Babylonians in 586 BCE and the second Temple was razed by the Romans in 70 CE, the Jewish people may have thought that Jewish history had come to an end. Not only was their central religious shrine destroyed; many hundreds of thousands of Jews were murdered, or sold into slavery, or exiled from their land.

The rabbinic sages of those times developed ways to remember the tragedies—but not to be overwhelmed and defeated by them. One concept was zekher lehurban, remembering the destruction. Customs arose to commemorate the sadness and sense of loss that pervaded our people’s consciousness. One custom was not to paint one’s home in full but to leave a part of the ceiling unpainted…zekher lehurban. Fast days were established to commemorate the destructions; dirges were composed to be chanted on those sad days. On Tisha B’Av we sit on the floor as mourners…zekher lehurban. Even at a wedding—a happy occasion—the bridegroom steps on a glass to remind us that all is not well in the world; the shattering experiences of antiquity and the destructions of our Temples continue to be remembered.

But our sages developed another concept as well: zekher lemikdash, remembering the Temple. Practices were created whereby we literally re-create the rites and customs that took place in the Temple. At the Passover Seder, we eat the “Hillel’s sandwich”—zekher lemikdash, to re-enact what our ancestors did in the Temple in Jerusalem in ancient times. During Succoth, we take the lulav and etrog for seven days and we make hakafot in the synagogue—zekher lemikdash, to re-enact the practices of the ancient Temples. We treat our dinner tables as altars, akin to the altars in the Temples: we wash our hands ritually before eating; we put salt on our bread before tasting it—zekher lemikdash. Our synagogues feature the Ner Tamid, eternal light; they often have a menorah—because these things were present in the ancient Temples.

Whereas zekher lehurban evokes sadness and tears, zekher lemikdash evokes optimism. We carry the Temple ritual forward…even in the absence of the Temples. We continue to live, to thrive, to move forward.

Rabbi Levi Yitzchak Horowitz wisely observed: “Our people has come to deal with its need to mourn in an unusual, almost paradoxical way. We not only cry in remembrance of the Temple, we dance too.”

Among our Sephardic customs is the meldado, a study session held on the anniversary of the death of a loved one. I well remember the meldados observed in my childhood home and in the homes of relatives. Family and friends would gather in the hosts’ homes. Prayer services were held. Mishnayot were read. The rabbi would share words of Torah. The event evoked a spirit of family and communal solidarity, solemnity, reminiscing. But meldados were not sad occasions! After the prayers and study, there was an abundance of food prepared by the hostess. People ate, and chatted, and laughed. People would remember stories about the deceased person whose meldado was being observed, drawing on the good and happy memories. The memorialized person would have wanted family and friends to celebrate, to remember him or her with happiness and laughter.

Today, we are in a sense observing the meldado of our fellow Jews in Rhodes and Cos who were humiliated, tortured and murdered…solely because they were Jews. When the key to the past opens to the Holocaust, we cannot help but shudder. We are shocked by the mass inhumanity of the perpetrators. We are distressed by the suffering of so many innocents.

But our key must open doors beyond grief and despair. Those Jews who died in the Holocaust would not want us to mourn forever. They would want us to respect their memories by carrying on with life, by ensuring that Jewish life flourishes, by maintaining classic Jewish optimism and hope.

We come together as a community, very much as the victims of the Holocaust would have appreciated. We sense strong bonds of solidarity as we pray in this synagogue—Congregation Ezra Bessaroth—that was established over a century ago by Jews who had come to Seattle from Rhodes. We sing the same prayers, chant the same melodies that the Holocaust victims prayed and sang. We announce to them, and to the world: we are alive, we are carrying forth our sacred traditions, we have not forgotten and will never forget. Our key is firmly in hand.

Years ago, my wife and I took our children to Rhodes. On the Friday night that we were there, our son Hayyim and I led services in the Kahal Shalom, in the same style as services here at Ezra Bessaroth. The synagogue in Rhodes was empty except for a minyan of tourists. Yet, I felt that our voices went very high, that the ghosts of all the earlier generations of Rhodeslies somehow heard our prayers and rejoiced that the tradition has continued through the next generations.

I had that same feeling here in synagogue this morning. We are not only praying for ourselves; we are in some mysterious way praying with our ancestors, with all the earlier generations of our people. Our generation is linked with theirs; our lives are tied to theirs. And our generation is linked to the younger generations and the generations yet to come. The eternal chain of the Jewish people is indestructible.

The keys of life open up many doors of sadness and consolation, many doors of commitment, joy and rebuilding. Each of us, knowingly or unknowingly, carries a key to the Jewish future of our families and our communities. As we remember the Jewish martyrs of Rhodes and Cos, we also must remember the sacred privilege that is ours: to carry forth with a vibrant, happy and strong Jewish life.

Am Yisrael Hai. Od Avinu Hai. The people of Israel lives; our Eternal Father lives.