National Scholar Updates

Spiritual Development

                                                                                                                                 

Man cannot rely on intellect alone to determine his spiritual work. A connection based on intellect alone is not long lasting. He can know intellectually… yet his heart and body remain far behind. He needs to bind his whole soul and life force (to Hashem) and penetrate his soul to elevate and awaken it, so it becomes passionate about all mitzvot, about Torah and tefilla, and find true spiritual delight and joy in them. 

                                                                 Hovot HaTalmidimPiaseczno Rav

 

It hurts me so much to see how many Jewish kids from around the world are leaving their Jewish identities behind. Many come from non-observant homes where they were never really given any reason to “stay Jewish.” Many others grew up in observant homes, but something went wrong in their Jewish education, their social or family life—or the lure of the secular world was just too strong.

I speak to many kids who were brought up with a Judaism that was less than warm and inspiring, just being told by well-meaning teachers and parents to do things without really understanding the depth and meaning behind it. They often tell me they grew up with the idea that Hashem is an angry man in the sky, and we have to do what He says otherwise He gets angry. It's hard to build a close personal relationship with a God like that. Halakha can seem restrictive and davening impersonal. Some started questioning things as they got older and came into contact with secular ideas and science, and the adults they asked were not equipped with the knowledge, evidence, or understanding to answer their questions.

In fact, we are facing somewhat of a crisis as many more people are leaving religious observance than returning; there is an extremely high intermarriage rate; many religious Jews report that they are just going through the motions; some ba’alei teshuva run out of steam five years down the road; and many Jews don’t even identify as being Jewish anymore.

Looking into Judaism from the outside as I did for the first 29 years of my life, I wasn't too impressed either. On one hand, it was because of my own shortcomings. I realized that even though I had a strong Jewish identity, went to Hebrew School, had a bar mitzvah, Friday night dinners, celebrated the festivals, played on a Jewish football team, visited Israel, and had mostly Jewish friends, I was basically uneducated when it came to what the Torah actually teaches and why we believe that to be true. I had a superficial understanding of the beliefs and the rituals and was easily put off by things I saw in the Torah that went against my western secular moral value system.

I had never interacted with religious Jews, happy to just judge them unfavorably from afar. In short, I was uninformed and assumed things about the religion and its adherents without really challenging myself to look a little deeper. 

On the other hand, I was disaffected because of some shortcomings I saw, and am still faced with in the Orthodox community today. It’s amazing how many conversations I have with highly conscious spiritually seeking Jews who come into Aish HaTorah and want to know why, if the Torah is true and enlightening, there is not more emphasis on things such as physical health, protecting the environment, universalism and an appreciation of art, music, and culture within the religious community.

The truth is that Judaism is a holistic path to perfecting ourselves and the world around us. The Rambam speaks of exercise and healthy eating as prerequisites for spiritual connection[1] and the Torah, Talmud, and Midrash urge us to be environmentally conscious. As far as other nations are concerned, a Midrash tells us that there is great wisdom amongst them[2] and Tanna D’Bei Eliyahu Rabbah[3] teaches that the Holy Spirit rests on man, woman, Jew, and non-Jew, according to their deeds. So, when asked about this, I acknowledge their point and admit that religious Jews are just as human as everyone else, having their shortcomings, challenges, and areas they need to really work on. Being religious doesn't automatically make someone happy and perfect; we all have personal and societal struggles to overcome and have to prioritize what areas of growth to work on. There are also some times when people who are dressed as religious Jews can behave in ways that give the religion a bad name; but they aren’t representative of the religion at all, in fact it’s only when they are going against Torah that the negativity comes out.

However, I then feel compelled to point out that, as a whole, I have found that there is more goodwill, strength in community, welcoming of guests, giving of charity, sense of purpose, focus on growth, learning, and the development and teaching good values and character traits than in any other community I have ever come across anywhere in the world. The amount of charitable organizations, leadership, and growth initiatives and learning opportunities is truly remarkable.

Yet we do seem to be facing one real issue, one that Rav Joseph B. Soloveitchik expressed in his usual clear and insightful manner:  

 

Contemporary Orthodoxy is well grounded intellectually. In spite of this, its followers lack passion and enthusiasm … from within the allegedly dry confines of Jewish law, there is an awesome, warm, enormous world—there is a definite transition from Halakha to Service of Hashem. [4]

 

Notwithstanding some issues of philosophy and practice, when one walks into a Buddhist Temple in Thailand you feel an aura of peace and serenity, removed from the hustle and bustle of everyday life. Step into a Hindu Temple in India, and you are met with a profound sense of the heightened spiritual energy pervading the atmosphere. Unfortunately, the same doesn't always seem to be the case when you walk into a synagogue, and it can feel like, as Rav Soleveitchik continued “many Jews don't want to pray, they want to have prayed.”

There are so many really nice, good, religiously observant people, who keep kosher and Shabbat and all the mitzvoth, whose kids go to yeshiva, who learn Torah and dress modestly. All this is crucial—it's who we are and what we need to do and it's keeping Judaism alive. Yet, sometimes, it seems like people lose the center and purpose of it all; a truly intimate, authentic, personal relationship with themselves and Hashem. Sometimes it feels like we have the body of Jewish practice, we're just lacking the heart. The Ramchal (Rabbi Moshe Hayyim Luzzato) laments in the introduction to Messilat Yesharim [5] that

 

There are those who have entered the realm of the sacred and are studying the Holy Torah … however few amongst them choose to devote thought and study to the total perfection of the Divine Service; Ahava, Yirah, Deveikut, and all other aspects of piety… which is the very essence of what Hashem is asking of us

 

The truth is that just being technically correct, ticking the boxes and going through the motions is not the goal. Doing our religious obligations quickly so we can get back to work or entertainment, which we value more, is not the way it's meant to be. We were created with the express purpose of re-identifying ourselves as souls, feeling close to Hashem in a palpable way, and bringing God-consciousness into the world. The Torah and halakha are the guidelines, leading us toward an experience. It’s easy to get caught up in the laws and lose sight of the destination.

Rabbi David Aaron compares it to just looking at a menu in a restaurant without actually tasting the food, or studying the maps without going on the beautiful hike. Or, as one of my first teachers said “It is like a finger pointing away to the moon. Don’t concentrate on that finger or you will miss all the heavenly glory.”[6]

We could be learning Torah and davening all day, working on our character traits, and doing mitzvoth, yet be sadly missing what it is all for. Torah is a Guidebook leading us to an experience. Just studying the Guidebook without tasting the experience means we could miss the whole point.

 A story is told of the Hiddushei HaRim who was walking with a student and told him that one day there will be a time when there will be a proliferation of yeshivas, study halls, Torah literature, Jewish organizations and shuls, tzedakah, and mitzvoth. Yet at that time there’ll be one thing missing; Hashem.

So what is it that we need to be implementing in our lives? The Talmud in Sanhedrin 106a teaches that the Compassionate One just wants the heart. He wants us to really mean what we do; to do things consciously and build a real deep, loving authentic relationship. The Shulhan Arukh[7] teaches that less done with more intention is better than doing a lot without intention, and the Mishna Berura adds, quoting the Talmud, that “one can do a lot, or one could do a little, just as long as the heart is directed towards heaven.”[8]

Messilat Yesharim[9] teaches that “the master blessed be He is not satisfied with deeds alone in the performance of mitzvoth. Rather, what is most important to Him is that the heart be so pure that it direct itself to true service of the eternal." It all comes down to a question of whether our heart is truly in it, do we really mean and feel it. We say in Aleinu three times a day,

“We should know today and place it in our heart that Hashem is our God in the heavens above and on the earth below, there is nothing else.”

Just knowing, even an intimate knowing, is not enough.[10] It needs to be settled into and make an impression on our heart. One day just before Shavuot I was saying this passage when I noticed it contains the words Daat (knowledge) and Yishuv (to settle). It is teaching us the need to “settle the knowledge” in our hearts. This called to mind a famous teaching in the Likutei Morahan where Rebbe Nachman teaches:[11] The reason the world feels far from Hashem and is not coming close to Him, may He be blessed, is only because they have no Yishuv haDaat— settling/peace of mind.

Putting these two teachings together, it occurred to me that Yishuv haDaat on the one hand means to settle our minds and find some peace and clarity, and it is also expressing the real goal of this exercise which is to Yishuv the Daat, to settle the intimate knowledge into our hearts and live fully with it. Once our mind is calm and still, we clear up space to feel the innate connection we already have in our heart and soul.  Pirkei Avot[12] teaches,

 

Go and see which is the best trait for a person to acquire. Said Rabbi Eliezer: A good eye. Said Rabbi Joshua: A good friend. Said Rabbi Yossei: A good neighbor. Said Rabbi Shimon: To see what is born [out of ones actions]. Said Rabbi Elazar: A good heart. Said he (Rav Yohanan) to them: I prefer the words of Elazar the son of Arakh to yours, for his words include all of yours.

 

A true Enlightened Jewish Master is one who compliments a balanced, trained and healthy mind, with a pure, good, and open heart.

The most essential and powerful practice we need to bring our hearts into the picture is what the Talmud[13] calls Avodah SheB’lev—the work of the heart. What is the service of the heart? It is tefillah, prayer.[14]

Prayer itself should come from the heart, and we use it as a time to ask Hashem for help in purifying our hearts to be able to connect even more authentically;[15]  “God, create for me a pure heart, and renew the correct spirit within me; purify our hearts to serve you in truth.”[16]

What this points to is that the most powerful way to build a real authentic, intimate relationship with Hashem is through speaking to Him honestly and openly from the heart. Jewish prayer isn't an attempt to connect to a separate Being, thanking and praising and requesting things from Him. Rather the word for prayer, lehitpallel, is reflexive, i.e., something we are doing to ourselves! Various interpretations teach that we are evaluating ourselves,[17] connecting to ourselves,[18] and envisioning the ultimate state of our lives and the world.[19] To pray is the ultimate expression of our souls. Rav Moshe Weinberger teaches that our connection to our souls and Hashem can be on one of the four levels of life on this earth—mineral, vegetable, animal, and human. For some people it is domem, quiet[20] and stagnant like a rock. Then there are those who are tsomeah—growing; beginning to be aroused to seek for more, more depth, more meaning, more connection. Above that there are those who are hai—truly living with this consciousness; getting up to pray, learning, doing mitzvoth, working on themselves. Yet there is a level even higher than this. He points out that the word for human is medaber—one who speaks. The highest level of connection to self, Torah[21] and Hashem is to be in a constant conversation with Him; to open our hearts and speak directly to Him, like a best friend, twin, father, guide, even spouse. 

 

[1] Hilkhot Deot 4.

[3] Tanna D’Bei Eliyahu Rabbah 9.

[4] Before Hashem You Will Be Purified: Rabbi Joseph B Soloveitchik on the Days of Awe. Summarized and Annotated by Arnold Lustiger.

[5] Introduction to Messilat Yesharim.  

[6] Bruce Lee: Enter the Dragon.

[7] Shulhan Arukh Orah Hayyim 1:4.

[9] Holiness Chapter.

[10] Daat implies an intimate knowledge.

[11] Lekutei Mohoran Tinyana 10.

[14] We also learn this from Rabbeinu Yonah who explains that when Shimon HaTzaddik taught that the world is based on three things: Torah, Avodah, and Gemillut Hassadim; the Avodah is referring to prayer.

[16] Shabbat liturgy.

[18] Rashi, Bereishith 30:8.

[19] Rashi, Bereishith; 48:11.

[20] Domem is related to the word demamah, silence.

 

 

National Scholar February 2019 Report

 

To our members and friends

On Sunday, February 10, we held a symposium on the need for our schools and communities to do more to promote ethical behavior as a basic Torah teaching. Our program featured Rabbi David Jaffe, a National Jewish Book Award Winner for his book, Changing the World from the Inside Out; Dr. Shira Weiss, author of several books on ethics; Rabbi Daniel Feldman, a Rosh Yeshiva at Yeshiva University who has authored several books on ethics in halakhah; and myself. You may now view the symposium on YouTube, at https://www.youtube.com/watch?v=OjL_o2e4B68.

If you have not yet seen our symposium on Conversion from October 21, featuring Rabbi Marc Angel, Rabbi Yona Reiss, and myself, please see https://www.youtube.com/watch?v=GG17aaahdPQ.

 

Looking ahead to our upcoming educational programs:

 

On Shabbat, February 22-23, I will be the scholar-in-residence at the University of Pennsylvania. This is part of our initiative to spread our core vision to university students across the country. For our latest reports from our Campus Fellows of our University Network, please see https://www.jewishideas.org/article/campus-fellows-report-november-2018.

On Sundays: March 3, March 31, April 7, 7-8 pm: I will give one class on Purim (March 3), and two on Pesah (March 31, April 7), at the Young Israel of East Brunswick. 193 Dunhams Corner Rd, East Brunswick, NJ 08816.

On Mondays, March 4, 11, 18, 25, April 1, and April 15, 1:00-2:15pm I will teach a six-part series on the Book of Psalms, integrating classical commentary and contemporary scholarship as we learn more about prayer and religious experience. It will be held at Lamdeinu Teaneck, at Congregation Beth Aaron, 950 Queen Anne Road, Teaneck. To register, go to lamdeinu.org.

On Shabbat March 22-23, I will be the scholar-in-residence at the Boca Raton Synagogue in Boca Raton, Florida. Our impact on communities across the country has been remarkable, and we have built up a beautiful network of participants in our work as a result.

 

I also am the guest editor for Conversations 34, which will feature a collection of Rabbi Marc D. Angel’s essays in celebration of his fifty years in the rabbinate. We also plan on holding several events in honor of this momentous occasion in the coming year.

 

 

As always, thank you for all of your support, and we will continue to spread our vision to educators, university students, and the broader Jewish community.

Rabbi Hayyim Angel

National Scholar

Institute for Jewish Ideas and Ideals

On Sinners and Systems: The Beruriah Principle

Why do good people do bad things? It’s a question that has inspired public curiosity—and therefore many books, studies, articles, and talks. In a religious context, it takes on added dimensions. If someone who identifies as a “religious” Jew egregiously violates the law, does it imply that their religiosity was somehow fraudulent? Ineffective? Or perhaps that their brand of Judaism is, at the root, fundamentally flawed. Although religion can be a force for disciplined behavior and moral heroism, it quite often seems to serve as an excuse for obviously immoral behavior. If Judaism is true, why does it not appear more efficacious in producing exemplary moral behavior—including from its rabbinic leaders?

For an initial framing of this broad issue, I’ve found it helpful to begin thinking through the lens of Beruriah’s debate with her husband, Rabbi Meir:

 

There were these hooligans in Rabbi Meir’s neighborhood who caused him a great deal of anguish. Rabbi Meir prayed for mercy upon them, that they should die. Rabbi Meir’s wife, Beruriah, said to him, “What were you thinking?!” Is it is based on the scriptural verse, “Let sins (hataim) cease from the land?”[1] Is it written as “sinners” (hot’im)? “Sins” is written!”[2]

 

Rabbi Meir exhibits the common reaction of those victimized by criminal behavior. The perpetrators are evil, and therefore deserving of punishment. In this case, the particular crimes are not the focus, and therefore not even delineated explicitly. It is sufficient and salient to generically note that they caused Rabbi Meir “a great deal of anguish.” His state of anguish is the proximate cause for his prayer to punish the offenders, in this case with death. We tend to presume the view of Rabbi Meir, that sinners are evil people deserving of punishment to atone for the harming of innocents.

Beruriah, though, sees beyond her husband’s pain. She likely sees an inevitable but dangerous folly in praying for the harm of those who act badly; and she perceives different yet uncomfortably common roots underlying the sentiments of both the aggressors and the vengeful victim. More significantly, though, she sees the need to dissociate sinner from sin. Usually, this is quoted contextually as, “hate the sin, not the sinner.” In this sense, it is an interpersonal moral teaching about the need to value even imperfect human beings; to hold out hope for repentance and repair; and to resist the tempting death spiral of victimization–grudge bearing–ego-repairing superiority. But Beruriah’s teaching also contains a coded message about the path to eradicate sin itself. It isn’t merely a normative teaching that the destruction of sin, not sinners, is morally desirable, but rather a practical guide entitled “how to actually eradicate sin effectively,” and it starts with dissociation.

When the focus is on evil people, analyses will yield explanations that focus on the flaws of individuals or the groups with whom they are associated. But this sort of analysis ignores a large field of sociological and psychological data that emphasizes the background conditions that promote sinful acts. For me, one of the hallmarks of a relevant Judaism is one that uses the insights of science, particularly psychology, to understand the motivations and behaviors of human beings. This helps ensure a degree of accuracy in a field prone to many theories and homilies. Truthfully, it’s not mainly about being righteous or evil, but about the underlying communal conditions and pressures that will make sin more or less likely. All of us have moments of inspired altruism and moments of dark desire, to greater or lesser degrees. The relevant questions, then, from the perspective of communal policy, ought to be about the underlying factors that either promote or inhibit sinful acts. In this piece, I hope to introduce several relevant principles with broad application for inhibiting bad behavior in Jewish communities and leadership.

 

Psychological Compensation

 

The striving for significance, this sense of yearning, always points out to us that all psychological phenomena contain a movement that starts from a feeling of inferiority and reach upward. The theory . . . states that the stronger the feeling of inferiority, the higher the goal for personal power.[3]

 

Alfred Adler, famed psychologist, developed a theory of compensation rooted in his own experience of childhood illness. Having suffered from a variety of serious illnesses and accidents, he recognized his own desire to compensate by achieving power and dominion in other areas. A corollary suggests that, if a person has achieved particular excellence in a certain area, it might, consciously or subconsciously, allow for laxity in other areas.

This theory suggests areas for awareness and caution on at least two fronts in Jewish communal life. First, observant Jews often feel a certain sense of superiority, moral or otherwise, in relation to other Jews and other groups. Speaking personally, I can state that, although it was never a thought I set out to think, a life of observance did cause a general sense of superiority. For me, this was heightened when I chose to live a ritually observant life (I did not grow up formally observant) and even more so when I attended a yeshiva in Israel post-college. Looking back, I’m sure that the seclusion of a yeshiva environment played a role. And the honorable, proud feeling that I was doing something important, crafting a life of meaning and intentionality, rather than one of rote, certainly played a part. Legitimately, there can and should be a pride in practicing a beautiful religion that helps to transform the lives of individuals and the community. Hubris, though, is the very close cousin of pride, and looms ready to ruin the whole thing. In this sense, feelings of pride in Jewish observance can naturally and easily lead to a sense of superiority, which can lead to laxity in laws not perceived as important to the overall identity.

Although the Torah and prophets do clearly emphasize charity and justice, perhaps the most common trope, the current sociological emphasis of observant communities is clearly ritually-based. Shabbat, dietary laws, and to a lesser extent, laws of family purity determine to what extent one truly belongs to the group of “Orthodox,” “observant,” or “frum” Jews from a social perspective. Therefore, it is natural that there might be self-permission to violate rules that are less emphasized and carry less sociological weight. To change the dynamic, the community would have to educate seriously about business ethics and money in a similar manner as kashruth or Shabbat. In our communities, the finer details and debates about permitted foods engender more excitement and differentiation than the major rules regarding monetary ethics. You can see a person saying to him/herself, “You’re a good person, you keep the Sabbath and holidays, provide for your family, and donate generously to the community, so it’s perfectly reasonable to lie on this IRS form. No one will know, and besides, everyone probably does it anyway. Why should you be worse off, especially when you use your money so righteously?” And the path to sin has been paved, not in evil character, but in psychological negotiation.

Second, theories of compensation have broad implications for those in positions of leadership. The truth is, our religious tradition needs inspired, authentic leaders at all levels. In our society, there is this common notion of “modesty,” which suggests the shunning of leadership is praiseworthy. As Parker Palmer explains,

 

“Leadership” is a concept we often resist. It seems immodest, even self-aggrandizing, to think of ourselves as leaders. But if it is true that we are made for community, then leadership is everyone’s vocation, and it can be an evasion to insist that it is not. When we live in the close-knit ecosystem called community, everyone follows and everyone leads.[4]

 

In a sense, there is an egotistic tendency in the knee-jerk modesty that shuns all honor and leadership. It isn’t necessarily rooted in truthful assessment, and might be an expression of a need to remain small, to think of ourselves as modest… which ultimately feeds the ego. We draw strength from self-assessments that are harsh and critical, bit feel soothed and even aggrandized, paradoxically. As Hillel used to say, “In a place where there are no leaders, strive to be a leader.”[5] Updated for a modern audience, it might read, “Acknowledge the urge not to lead and, with honesty, regular self-reflection, and the feedback of true friends, step actively into your role—we need you!”

More plainly, though, we often shun leadership because of the self-serving narcissism with which it is closely associated. “But modesty is only one reason we resist the idea of leadership; cynicism about our most visible leaders is another. In America, at least, our declining public life has bred too many self-serving leaders who seem lacking in ethics, compassion, and vision.”[6] In this way, a dynamic is perpetuated whereby many able-souled individuals fail to campaign for positions of public leadership, while those who do often do so from a sense of narcissism and self-interest. Obviously, this is true in political life, but it is also true to a lesser but important degree in religious and communal life. Which begs the question, why do narcissists seek power in the first place?

The answer is intuitive and simple. Wounded egos of narcissists compensate with dreams of grandeur and power, the promotion of fame and celebrity, consumption, and an interpersonal black hole that strives only to be “bigger” and feed on more. Our institutions and religion become hijacked as part of this internal personal drama. Leadership positions are open, due to the general promotion of an egotistic kind of fake modesty, and narcissists quickly seize the empty seat, seeking to self-soothe and prove their importance. Institutions and even religion fail to respond to deep need, and become forces of competition rather than connection.

Those suffering from clinical narcissistic personality disorder, now in positions of leadership, often behave in a way that overtly ignores rules. Constructed compensatory narratives of self-importance quickly lead to the statement that “I don’t need to follow the rules; rules are for other, lesser people.” With Kantian ethics now rendered obsolete, it’s no wonder that those in power might break boundaries and rules of all types in a desperate and doomed attempt to soothe their wounded souls. In order to protect against this, Jewish institutions must educate about the importance and necessity of leadership, and look out for those exhibiting signs of narcissistic personality disorders eager to grab the reigns.

 

Milgram and Stanford Prison Experiments

 

Confirming Beruriah’s intuition, a series of experiments in the 1960s and 1970s produced shocking findings regarding the nature of social role and external pressure in promoting immoral behavior. Stanley Milgram conducted social psychology experiments at Yale University in 1961. His study, coming on the heels of the trial of Adolf Eichmann, sought to examine the validity of a defense that excused guilt because a person was obeying orders from a superior. “Could it be that Eichmann and his million accomplices were just following orders?”[7]

This experiment contained three main actors, the person conducting the experiment, the teacher, and the learner. The learner was strapped to a chair hooked up to electrodes, and instructed to give mainly wrong answers to the questions asked. The teacher was instructed to shock the learner, increasingly, for each subsequent wrong answer in order to help them learn. The person conducting the experiment would nudge the teacher onward to shock the participant with increasing voltage when they hesitated or resisted.[8] All of the teachers, regardless of education or background, continued shocking the learner until the 300-volt level. A full 65 percent of participants reached a level of 450 volts, “killing” the tortured learners for the sake of a simple experiment. Milgram deduced that there are two different modes of acting, an “autonomous state” and an “agentic state.”[9] In the autonomous state, people work from a place of free choice and accept responsibility for actions; most people, though, will allow forceful authoritarians to direct their actions, passing off the responsibility for the result.

The Stanford prison experiments, conducted by Professor Philip Zombardo and funded by the U.S. Navy demonstrated similar results in 1971. Participants were assigned roles as either guards or prisoners in a mock prison, with Professor Zombardo serving as the prison’s superintendent. After just a short while, guards showed authoritarian tendencies, dehumanizing prisoners by giving them numbers rather than names, torturing prisoners with solitary confinement, and engaging in other forms of psychological and physical torture stemming only from an assigned experimental role.[10]

Given the reality that the vast majority of people will follow authoritarian leaders to kill and torture for no reason at all, how does this affect our community? For one, it should serve as an important counterbalance to the trend of enthusiastically following charismatic leaders. In modern times, this tendency has reached a fever pitch politically, but also within many denominations and subsections of the Jewish community. Leaders can, by dint of their own authority, often itself a product of the wounded-ego narcissism described above, shape the views and actions of the masses. We should focus, then, on building empowered communities, with leaders who seek to empower the community—not themselves. Instead of looking to leaders for the course of action, we might instead ask them to offer their reasoned opinions, to deliberate and consider other opinions, to engage in a talmudic style debate. What is needed is a healthier model that values the knowledge, sensitivity, and experience of talented leaders, while also setting up a culture that resists the known dangers of authoritarianism.

When I first took a pulpit position, a close mentor advised me to always take the time to explain the reason for any halakhic decision to a questioner or group, and invite any questions or critique. This has proven to be important advice. In this small way, the dynamic is shifted, and the questioner is forced to think, to engage, to accept agency. Similarly, rabbinic students of Rabbi Joseph Soloveitchik frequently recall how he ensured their own agency, giving his own advice, while maintaining their sense of responsibility over the decisions they would issue. A striking example is a beautifully worded letter from Rabbi Soloveitchik to Rabbi Yitz Greenberg sent in response to Rabbi Greenberg’s apology for not accepting one of the Rav’s positions. The Rav responded powerfully: “There is absolutely no need of apologies or explanations . . . I have never demanded conformity or compliance even from my children. I believe in freedom of opinion and freedom of action.”[11] Evil, then, is often actualized as a result not of poor character but of systems that erode agency and responsibility. We must build sustainable systems that foster and prize their growth.  

 

Good Samaritan Study

 

In 1973, Professors John M. Darley and C. Daniel Batson of Princeton University sought to study “highly ethical” behavior. This is a summary of their experiment and its results from their own words in the study’s abstract:

 

The influence of several situational and personality variables on helping behavior was examined in an emergency situation suggested by the parable of the Good Samaritan. People going between two buildings encountered a shabbily dressed person slumped by the side of the road. Subjects in a hurry to reach their destination were more likely to pass by without stopping. Some subjects were going to give a short talk on the parable of the Good Samaritan, others on a nonhelping relevant topic; this made no significant difference in the likelihood of their giving the victim help. Religious personality variables did not predict whether an individual would help the victim or not . . . .[12]

 

They divided seminary students into two groups, those who would be giving a sermon on the parable of the Good Samaritan, and those who would be speaking on another topic. Then, they subdivided the two groups further, into low hurry, medium hurry, and high hurry groups. The hurried effect was created by making them travel a distance from the room where they were gathered to the location of their sermon, passing a “shabbily dressed” person in clear need on the way. Surprisingly, their religiosity did not matter much (it did affect the manner in which they helped if they chose to help), nor did the topic at hand. Even those speaking directly on the topic of helping outcast strangers were not more likely to help an outcast stranger on their own way! Rather, 63 percent, 45 percent, and 10 percent, respectively, chose to help, depending on the level of hurry.

It is no secret that we declare ourselves to be busier and busier. Often, when I ask people how they’re doing, they hurriedly respond, “Really busy, I’m fine, but it’s crazy right now.” I often find myself responding, almost habitually, in the very same way. Perhaps, it’s meant to signal that our own time is valuable. Or perhaps, it’s an honest reflection of how we’re generally feeling. It might also be a mark of pride, as if to say I’m not lazy and I’m working hard, I’m doing everything I’m supposed to do and more.

This is, in particular, a problem for leadership. As people are busier and less empowered religiously, they insist that clergy shoulder more of the roles classically performed by laity, including fundraising, marketing, programming, and charitable acts such as visiting the sick. Moreover, the declining cost of sending a letter (email is free and universally accessible) provides religious leaders, in particular, with a flood of correspondence. It’s not just correspondence from within the community, but from all over.

Rabbi Mordechai Torczyner describes the issue well in his blog entry, “Why Do Rabbis Crash?”[13] First, he defends psychologist Roy Baumeister, a proponent of the Beruriah principle, against detractors. “In the comments on his piece, the author is taken to task by readers who think he is exonerating misbehaving rabbis. But I don't think he's finding criminals innocent; I think he is trying to identify a flaw in the system, which is making their crimes more likely.”[14] In addition to citing the problem of fatigue and its relation to impulse control (itself an important topic worthy of further discussion in this context), he notes the impossibility of the modern rabbinic schedule:

 

Now imagine a rabbi who is involved with congregants on many diverse levels—pastoral, administrative, ritual, social, organizational—for 90–100 hours per week, including Shabbat. And imagine that yes, he owns impulses for grossly inappropriate behaviour. But he doesn't have daily time to flee the situation and recharge. How long will it be before he yields to a grotesquely wrong impulse . . .

 

The uncomfortable reality, which I observed in my own synagogue rabbinate days, is that the job we have created for synagogue rabbis is impossible. Not "impossible" in the sense of "boy, that's hard." "Impossible" in the sense that there are not enough hours for them to do the job demanded of them, and recharge.[15]

 

He goes on to describe a moderate modern rabbinic weekly schedule, add up the hours, and list everything still not yet done.

If we want to preserve the possibility for ethical choices, we need to prevent fatigue, but also allow for the possibility of kindness. With an overbooked calendar, without sufficient time, a disposition of lovingkindness and the actions to actualize it are nearly impossible. According to Lurianic Kaballah, God’s first act was to withdraw and create space, tzimztum, for human action, but we’ve overbooked the void.

Communal policy recommendations readily suggest themselves. First, religious leaders must be given an ample amount of time to rest, through regular off-days, vacations, and sabbaticals, with effective and appropriate boundary safeguards (easier said than done) that make sure it actually happens. Time should be reframed, not as time-off, implying some kind of leisurely laziness, but rather as restoration, or empathy cultivation. Time spent on near infinite tasks (such as email) should be limited to a prescribed number of hours, and appointments limited too. Just as doctors often book appointments for weeks and months out, overbooked religious leaders should behave similarly. Not every situation demands immediate attention, and space must be preserved in the schedule if there is to be the possibility of kindness. The schedules of leadership must include unbooked time, allowing for the possibility that God’s plans for our week might include the potential to look and help rather than to hide and shirk.

But it’s also important to be honest. All of the professional safeguards and best practices in the world wouldn’t be truly helpful without addressing the underlying issues of personality disorders and a lack of reflective self-awareness among the leadership. For those with narcissistic tendencies, the position becomes a perch from which power may be seized. Obsessive association with the wealthy machers, powerful players (Jewishly or otherwise), and famous individuals serve to validate the insecure clergy member, becoming the primary and at times obsessive task. Even for those without personality disorders, time studying Torah, engaged in heartfelt prayer, writing and reflection, and meditation, are simply too rare. And they are all activities that serve to advance humility and prioritize Judaism’s core ideals in the mind of the leader.

I notice the internal fight in my own rabbinate very much, struggling at times to prioritize spiritual practice when financial or other organizational matters are (constantly) pressing, and think of the early Hassidic leaders and their spiritual inspiration to reorient and challenge myself. When I became the rabbi of a congregation, so many other rabbis told me I would never pray again in synagogue, as I’d be “on.” Then and now, the premise should be absolutely rejected. At synagogues, one of the central functions is to provide meaningful Jewish prayer experiences, and leadership must participate, inspire, and lead by example. It is crucial to remember that synagogues and other institutions exist to serve peoples’ spiritual and religious needs, and only inspired leaders who find ways to authentically engage with their own experience will have impact on congregants; people see right through power grabs and inauthentic experience. Practically speaking, it would seem vital for seminaries that train clergy to take two steps. First, to engage in basic mental health screening and assistance for the students admitted and ordained. Second, to teach and discuss with students the crucial importance of self-care, of maintaining empathy, of true humility, and of personal spiritual practice. Clergy often cross lines, but the root causes are systemic, broad, and build up gradually and insistently.

 

Conclusion

 

Beruriah’s revolutionary insight was to notice the importance of detaching sinner from sin. This serves not only to protect against our judgment of or vengeance against the sinner, but rather to provide a way to actualize the proof-text from Psalms. Only when we resist the urge, ultimately rooted in our competitive desire to feel superior, to spend our energy blaming bad actors and instead recognize the systemic factors that produce bad behavior will we be able to abolish sin from the earth.

The concepts and factors introduced in this article represent a small fraction of the prominent causes for bad behavior. Under the right conditions, most people will behave with horrible cruelty, and leadership provides additional challenges, temptations, and pitfalls. It is therefore incumbent upon the community to engage in serious, evidence-based discussion and education, and institute policies and procedures that promote Torah u’mitzvot. Just as the Rabbis utilized a creative, emergent halakhic system to safeguard the commandments and promote their observance, we must continue the holy task in this time and place. As the Psalm concludes, “Praise—my soul—the Lord; Halleluyah!”[16] Examining the systems and external pressures that affect behavior can help reduce sin, allowing us to direct the energy of victimization toward God as a form of praise rather than pain, effective, honest, and connected to God’s vision of an increasingly holy world.  

 

 

 

[1] Psalms 104:35.

[2] BT Berakhot 10a.

[3] Adler, Afred. Progess in Individual Psychology. 1923.

[4] Palmer, Parker. Let Your Life Speak. Chapter 5 – Leading from Within. Reprinted at http://www.couragerenewal.org/parker/writings/leading-from-within/.

[5] Mishna. Pirkei Avot 2:1.

[6] Supra note 4.

[7] Milgram, Stanley. Obedience to Authority: An Experimental View. 1974.

[8] The four levels of exhortation were 1) Please continue. 2) The experiment requires that you continue. 3) It is absolutely essential that you continue. 4) You have no other choice but to continue.

[9] Supra note 7.

[10] See Zombardo, Philip. The Psychology of Evil – TED Talk. Available at https://www.ted.com/talks/philip_zimbardo_on_the_psychology_of_evil?language=en

[11] The original handwritten letter was published by Rabbi Dr. Zev Eleff on Twitter on July 12, 2018.

[12] Darley, J. M., and Batson, C.D., "From Jerusalem to Jericho": A study of Situational and Dispositional Variables in Helping Behavior." Journal of Personality and Social Pyschology, 1973, 27, 100–108.

[13] Torczyner, Rabbi Mordechai. “Why Do Rabbi’s Crash?” The Rebbetzin’s Husband. Available at http://rechovot.blogspot.com/2014/11/why-do-rabbis-crash.html. November 18, 2014.

[14] Ibid.

[15] Ibid.

[16] Psalms 104:35

Emile Zola's Moral Outrage: The Ethics of Whistle-blowing Today and Then

 

 

INTRODUCTION

 

Émile was a popular name for Jewish boys in the Twentieth Century because of the important role that the French writer, Emile Zola,  played in the Dreyfus Affair during the 1890’s. To commemorate  the 108th anniversary of Zola’s death (September 29, 1902) I would like to tell how Emile Zola was the quintessential whistle-blower of his day and use this case as a model for a discussion of Jewish thinking on the subject, which is  the exposure of  ethical wrong-doing  in public or private life.

 

The whistle-blowing  I will discuss is a series of articles in newspapers and published pamphlets in which Zola exposed the criminal  wrong-doing committed by the military courts against the  Jewish Army Captain, Alfred Dreyfus,  falsely accused of treason. At this point I would point out that Zola also exposed himself to scorn and personal danger  despite his not having known Dreyfus or his family.  In short he risked   reputation, fame, and safety  to do something that was the right thing to do.  This paper will concentrate on some of Zola’s writing and then discuss their content with respect to Jewish ideas..

 

Emile Zola was not Jewish but his heroic support of Captain Alfred Dreyfus is a very courageous example of  ethical engagement.  I will show how the points made in each paper was a part of the overall act of whistle blowing.  I will develop this structure in the following outline in which each ethical point of the overall argument is listed next to the title (in italics)  of the respective writing in which it is expressed:

  1. Defending the innocent (M. Scheurer-Kestner)
  2. Accusing the general culprit and the root of all evil (The Proceedings)
  3. Proving his point (The Syndicate)
  4. Calling to the conscience and ethics of France while warning of the danger of racism, hypocrisy and intolerance  (Letter to France)
  5. Addressing the future (Letter to the Young)
  6. An unrestrained offensive: the facts of the case in detail for each malefactor, a summary of all the other papers. (J’Accuse)

 

The progressive  nature of the argument serves to indicate  the evil in the case and  its danger for  France. He calls on the entire country to do the same.  Let us now focus in on each of these writings.

 

It seems that most Jews know something about   Emile Zola’s 1898 newspaper article,  “J’accuse”.(1) That legalistic,  but very literary, document  exposed one by one each of  the judicial crimes of  the military Court Martial involved in the 1894 Dreyfus trial and conviction by court martial.   However, few know of Zola’s articles and pamphlets that just preceded “J’accuse” at the end of 1897.  They were the first outbursts of his  moral outrage at the injustice rendered to this French officer simply because he was Jewish.   

 

These works are Zola’s exhortation  to the conscience of France.  Although not written in the form of a dialogue, because there is no riposte, they are written to that large, almost abstract, body called “France”.  Prophetic exhortations to the Jewish people who have strayed from God are similar to this style of writing.  Without invoking  God, but reason alone, Zola implores his readers to return to an ethical way of thinking and acting, all in the name of truth, benevolence, and justice. His whistle-blowing  is an accusation of the powers that be – in this case,  the military Court Martial.  I will show how Jewish thinking about ethics would encourage this  kind of moral outrage to and overt exposure of  criminal behavior, even on the part of the highest court of the land.

 

BACKGROUND HISTORY TO ZOLA’S 1897 WHISTLE-BLOWING

 

In 1897 Zola joined other notables (like Senator Scheurer-Kestner)  who supported Dreyfus’ defense. Their efforts had already stimulated a vicious  reaction among pro-clerical, pro-military  newspapers that  labeled “the traitor Jew” Dreyfus a  Judas Iscariot who had sold his loyalty to country and  deserved to be rotting in solitary confinement on Devil’s Island. An ongoing investigation of the judicial aspects of the case had disclosed errors in the form of misidentification of the handwriting on the critical piece of  evidence –  a memorandum sent to the German Embassy.  Another French officer, Commandant Marie Charles Ferdinand Walsin- Esterhazy, was implicated and was to be tried by a military court on January 10, 1898.

 

At this point in time, the end of 1897, Zola was relying on Esterhazy’s conviction to free Dreyfus.  With this in mind, he began to blow his whistle by publishing the series of letters and brochures (M. Sheurer-Kastner, The Syndicate, The Proceedingsl Letter to France, Letter to the Young,). (2)  For Zola each was  a  strategic, low intensity  shot over the bow of the enemy forces, making one ethical point very strongly.  The victory was  considered imminent after the forseen  outcome of the Esterhazy trial.   Each shot was directed to a particular target and the whole produced a very effective volley of exposure and incrimination.

 

Notwithstanding these publications, Esterhazy’s  court martial trial ended in his disquieting acquittal,  a crushing blow to the  Dreyfus-Zola forces.  Zola’s immediate response   was to compose and publish within two days,  for a public still shaken by the aftermath of this new, unexpected shock wave, his devastating accusation, fully blasting each of the members of the collusive military court for their lies, misrepresentations, dismissal of evidence, and other calumnies. (“J’accuse” 13 January, 1898) 

 

This beautiful, political work of art is an open letter to the President of the French Republic.  It  forced the government to try Zola himself for libel.  This would  bring the Dreyfus case out of military jurisdiction and  place it squarely in the civil arena with Zola himself,  the new target.  At last the Affair became a matter of open, transparent, civil proceeding before a civilian jury.  The beginning of the final victory was in sight!  As Zola said, “Truth was finally on the march; nothing could stop it now”.

 

THE ARTICLES AND BROCHURES

 

In this essay I will  discuss only  the three articles and the two brochures that preceded “J’accuse”.    I selected and translated certain sections  to show  how Zola artfully focused his  attacks on the various evils and injustices that he had uncovered.

 

What is in these five papers?  They  tell the story of  a judicial error in the Dreyfus trial, which must be corrected.  They call for  public outrage to save the nation. 

 

“M. Scheurer-Kestner”

 

« M.  Scheurer-Kestner »   tells the reader about this popular, elderly, politically untarnished Senator who was being slandered by the anti-semitic press because he had expressed concern about a judicial error in the Dreyfus trial.  Zola points out the blatant stupidity of these accusations which described Scheurer-Kestner as a mercenary sell out to the Jewish-Protestant-Masonic cabal, despite his being  an independently wealthy businessman, and a great supporter of the French Army which was reorganized  after the humiliating defeat by Prussian forces in 1870.  In fact, Zola emphasizes that his decision to express public doubt was based on his independent review of the facts and not by solicitation by the Dreyfus forces.  

 

Zola  points his finger at “brainless anti-Semitism” as the cause  of public blindness to the foolishness  of  slandering Scheurer-Kestner’s good name.  “Here we are in this terrible mess where all emotions are false and where one cannot seek justice without being treated like a senile person or one who has sold out for money…(…)….The stupidest stories are written by the serious newspapers, the entire nation is stricken with madness, when only a small amount of common sense would put things back in place. ….(…)….When Scheurer-Kestner spoke of his duty…. he had only this to say,  ‘I could not live with myself knowing he was innocent’  All of us, mixed up in this Affair, must say the same thing to ourselves.  That we too would not be able to live if we did not seek justice.”

 

“The Proceedings”

 

The Proceedings”” ridicules the accusation of Dreyfus’ selling out France for money, noting that he is independently wealthy and has no mercenary motive.  Zola points the finger of accusation at anti-Semitism itself.  It is the root of the evil.  It is the evil culprit in this case.

 

“The guilty party is anti-Semitism itself.  This  is a  barbarous campaign, which I have said throws progress back 1000 years,   revulses me and insults my basic need for fraternité, my passion for tolerance, and for human emancipation.  The return to religious wars, of one race killing off another, is such nonsense in our age of liberation that such movements seem imbecilic to me.”  Zola concludes that after the judicial error had been revealed and published by others, the court should have been doing his work for him – that is, convicting Esterhazy. 

 

 

 

«The Syndicate »

 

In “The Syndicate”  Zola simply makes his point again using the technique of ridicule.   He ridicules the popular opinion that there is a very rich Jewish conspiracy  that will pay off all concerned to  protect Dreyfus.  He describes to the reader what this syndicate, this conspiracy, would look like, who would be part of it, and how they might be coerced to falsify truth.  This is a  satirical reductio ad absurdum

 

Speaking as if her were  in favor of the alleged syndicate, Zola says,  “The traitor was judged by a military court.   He is responsible not just for the present treachery but for all past historical examples that have brought defeat on the French nation (this assumes that our army  could only be defeated by internal treachery).  So, Dreyfus is also responsible for the defeat of France in 1870.  Dreyfus is an abominable shame for the Army because he is of the race that sold his God.  By this token, his family, being Jewish, is also guilty. All Jews are guilty in this Affair.  The proof is that his family is spending money to save his name and to expose the French army to slander.  Since they have brought witnesses with good character and reputation, they must have spent large sums of money because there is limitless money in the Jewish cabal.”

 

Here, Zola, emphasizes his own objective, ethically impeccable, position in the Affair.  He states that he has no close Jewish friends, wants to let the reader know that he is treating Dreyfus with a calm, objective reasonableness -- e.g., “I, Zola, talk about the Jews calmly because I neither hate nor love them.  Indeed I have no intimate friends among them.  For me they are only men, but that is enough to protect them from injustice.   So, if there is a syndicate that is organized to save an innocent prisoner and expose a judicial error on the part of the military High Command, then I too, Emile Zola, want to be part of it.”  

 

“Letter to France

 

This is Zola’s call to the conscience of France to do something to oppose evil and injustice.  He tells them not to believe the lies about a conspiracy.  He says, “How have the good and humble people of the provinces been swayed by the righteous lies of the reactionary press?  They are simply not capable of weighing the questions we put before them and they believe what they read.  Why do they get sucked into the fear, intolerance and hate so they will refuse to listen to the argument that a condemned innocent man might be suffering his agony for a crime he did not commit?

 

I am trying to warn you of the gravity of the error, of the power of the tempest that will follow.   What is happening is outright duplicity and stupidity, enough to make an honest reader very angry.   Any child can see that the memorandum and Esterhazy’s handwriting sample are one and the same.    If the conviction of Dreyfus was made on the basis of showing that his handwriting was  on the memorandum, and if now, it has been shown that it is not, does his release not follow immediately?  Why is the court sitting again if not to decide on this question alone?  Is it only sitting to make another point of fact – that it, the court, is and was correct, even though this conclusion is based on more lies?  Is this why we are seeing so many lies piled up over the issue of the memorandum which is, when all is said and done, the whole Affair itself?.......(…..)………But the facts are worse, there are a collection of serious symptoms for those who know, see, and can judge what is happening to you.  The Dreyfus Affair is not just a deplorable incident…..(…)… it has affected your behavior and your health.  You know how someone goes about looking healthy, but suddenly, little eruptions are seen on his skin: one can see death in the process. The  political and social  poisoning is seen on your face.” 

 

He is aware of  a deep love of dictatorship in the French soul.    “I see here an unconscious return to  military dictatorship.  This is not republican behavior; you seem ready to fall in love with the first king who presents himself before you.  No, it is not the army you care about; it is the general you want in your bed, again.” 

 

He admonishes the return to medieval intolerance.  “Where are you headed, France?  Back to the Church, back to the medieval past, one of theocracy and intolerance that your children fought to vanquish with their blood.  Today the tactic of anti-Semitism is very simple. The Church tried in vain to bring people together as working-man societies, pilgrimages,  but could not lead them back to the altar. It was a fact. The Churches were empty; people would no longer go and no longer believed.  So, circumstances permitted  the kindling in the people of anti-Semitic rage, and poisoned them with this fanaticism, pushing them into the streets, crying ‘Down with the Jews.  Kill the Jews’.”

 

 

Letter to the Young”

 

This is an emotional exhortation to the future, to the passionate twenty year olds who bring out Zola’s memory of his own youthful energies and his fantasies of righting all wrongs in an unjust world.  Again he makes an explosive, violent attack against Church anti-Semitism as a “..cynical, brutal plan to bring  the disenchanted Catholic French public back to the Mass.”  He then repeats the simple facts of the case. “Look   at the Dreyfus Affair and the simple facts.  A man is condemned on the basis of handwriting on a memorandum. He is now rotting on a desert island subjected to the world’s worst tortures.  He would be there for good if a man of integrity, reexamining the facts of the matter, did not have grave doubts that afflicted his conscience.  So a judicial error was claimed and now the process of working that out is ongoing, slowly, systematically, and a new trial is in process,  concerning another person whose handwriting seems so identical  that a two year old child could see the similarity without having to call in experts.  If he is convicted, the matter will be put to rest and Dreyfus will be freed and the other will take his place.”

 

He closes by raising again the danger of anti-semitism, when he says, “But look at the harmful quality of anti-Semitism.  Look at the  Affair.  Can there be young antisemites? Can such poison obscure the clear reason of the young mind?  Can the poison of the press control them? ”  He is asking the youth if they will accept anti-Semitism in the new Century and if they will poison themselves and their nation with it.

 

 He closes on a very prophetic tone.  “Oh young people, our youth, I beg you to think of the task ahead.  You are the future working class, you are those who will govern the future assemblies of people, we have deep faith in you, you will resolve the problems of truth and justice we have left for you…..(…)….. We only ask that you open your minds and be more generous than even we were  toward the lives that will be lived,  by your efforts entirely placed in work, fecundity and working the earth,   from which shall bloom forth the overflowing harvest of joy under the shining sun.” (3)

 

 

THE ETHICAL DILEMMA

 

What can we learn from these examples of Zola’s  moral outrage and whistle blowing?

 

On a political level media exposure  can be effective in calling attention to an abuse, a wrongdoing, a criminal act, or a judicial error.  There are examples in recent American history.  There is  the  courageous journalism  of Bob Woodward and Carl Bernstein in the Watergate Affair that led to the resignation of a President.  There were many who wrote and spoke out    about abuses in the South during early school integration.  They stimulated others to sacrifice personal  comfort and safety to participate in bus rides and marches into the land of Jim Crow.   There are many other examples.

 

On an ethical level Zola’s  whistle-blowing relies on reason for its moral authority.   Zola, like Enlightenment thinkers, does not invoke God but only the forces of reason – that is, the ideals of   truth and justice.  He is saying we must do what is right because it is right.  The reward for doing right will be its own reward.  He also says, in his way,  that the reward for a sin will be a sin.  In his words, the prosperity or the degradation of the French nation is at stake.

 

There is the problem.  How can ethical responses be expected from those who have opposing beliefs and feelings?  What Zola calls truth and justice is not what his opponents see as truth and justice.

 

Even if you, the reader, find that  Zola’s arguments are valid and see that Dreyfus has been convicted mistakenly, that Esterhazy is guilty, and that anti-Semitism is the evil force, why would you expect a change on the part of the those who believe differently? Equally passionately, the anti-Dreyfusard coalition believed that  Dreyfus had sold France to the enemy and that the pride and security of the nation was at stake?  Is Zola’s expression of moral outrage not just another  example of preaching to the converted?  Does man not need the authority of  some force, other than reason alone, to convince others of the righteousness of his own ethical position?

 

Is a religious ethic necessary?    Do we  have to follow  God’s commandments to accomplish our daily ethical goals and to be sure that we are  following the higher (Divine) Law?  Must we seek a reward from God  when we pray that evil and injustice be overcome?    If  the court in question were the  highest religious court, the bet din, representing the Law of God on earth, would we be able to encourage a Jewish Emile Zola, an individual in the Jewish community, to rebuke an unjust, perhaps criminal, decision?  Could that individual Jew blow his whistle to expose it? What does halakhah

 say about     it?  Does        it      extend the principle of rebuke (tochacha) of man by God to the rebuke of  any, one man of the learned, respected scholars who make up the bet din?  Does my using Zola and the French high military court serve as a valid model in the discussion of tochacha and similar Jewish ideas?

 

These are all difficult questions that are worthy of an answer.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       

My brief personal discussion of the question with a respected rosh yeshivah taught me that an individual outside the court is commanded to expose injustice, even when committed by highly learned scholars.   If the court were to commit a misjudgement leading to an injustice, the individual would be obliged to  expose and to rebuke it  He must not accept wrong-doing in any form without a reaction.  He must not do business with someone who is fraudulent, lying, and hypocritical. (4)

 

This lesson can be extended to  individual  American Jewish citizens faced with injustice in daily personal and communal life.    They should feel that the reward of doing a good act, of which appropriate whistle-blowing is an example, will be the reward of doing the right thing itself.

 

Our children should also be taught this mitzvah at home and in the classroom.  But the problem is to know how to teach them to  speak up bravely to expose injustice, lying, and hypocrisy?     The individual, child or adult, who does this will run the risk of mockery, humiliation and ostracism by his peers.

 

I would suggest that the classroom might take suitable models from secular life as well as from Tanach.  I would propose that this combined approach can be an effective way to teach  ethical principles.  One can examine the relative importance of  religious belief to the reasonableness of daily thinking and action.  Zola’s relying on the authority of reason alone is one such example. 

 

More intense classroom instruction about the Dreyfus Affair itself might be useful to students in the 21st Century.   In this context one could have lessons from the life of the Jewish communal leader, Rabbi Zadoc Khan, during the Dreyfus Affair.  In that way one could examine critically the leadership roles in the Parisian Jewish community during that particular crisis. ( 5  )  French anti-Semitism around the Dreyfus Affair could be integrated into the unfolding historical background of the Shoah, the most extreme example of evil and injustice in Jewish (and human) history.  Using that approach one could demonstrate convincingly perhaps that the principle of  early exposure of  evil is preferable to accepting and suffering its ultimate consequences.

 

By studying and discussing the Shoah scientifically we could determine if religious Jews could and would accept a demystification of the nature of catastrophic evil, and particularly, of  the Shoah. We might be able to learn something more by examining the Shoah from socio-psychological standpoints, human perspectives, without  demeaning its Jewish significance or necessitating  God’s presence (or absence) in it. (6) I would propose this approach in order to  shift the focus of fate and destiny from God to man?   Would it be effective and acceptable to teach children that prayer does not consist wholly of  man’s beseeching God for favors but also of man’s  beseeching himself to make the choices that will enable his prayers to come true?   Such an approach would include the principle of whistle-blowing.  In this way  Zola’s  example  would teach our children  that a society perverting justice,  not actively helping  the plight of the poor and downtrodden, and losing its focus of national purpose, cannot endure.  This was Zola’s message in his 1897 writings but also the message transmitted in his masterful fiction.   

 

Whistle-blowing in our daily professional life is a real issue.  Examples of purposeful misrepresentation, hypocrisy, and malfeasance can be found.   These are problems for individual conscience to solve when confronting injustice and evil.  Can we rely on our own conscience to choose correctly and to  regulate the personal impulses that might drive ourselves or others to commit  unfair, unjust, and even,  criminal actions?

 

This question reminds of a Shabbat morning drush in our shul on the subject of regulation presented by a congregant who works in banking and finance.  He explained that regulation was unjustified because “only Hashem should regulate our moral decisions”, including those made in business.    If Hashem were the only regulator of all mens’ affairs,  I would ask  how it would be possible for human beings to expose and make transparent future  Madoff-type scandals,  prime mortgage crises, abuse in some yeshivas, and  other tragic examples of wrong-doing.  What kind of external human regulation is justified to help the function of individual conscience?  When is  whistle-blowing to be encouraged, when not? 

 

As a physician I am concerned with the ethics of  colleagues and  students.  I would like to teach  professionalism that places the patient’s interest above one’s own.  This would include rebuke by peers and superiors for  behaviors that deviate from accepted professional standards.  

 

The current dilemma in health care practice and reform is an example of an ethical conflict between professional interests of physicians and those of the insurance industry that has become the medical paymaster-gatekeeper.  This agency function has evolved to contain costs, and guarantee profits, for the paymaster-gatekeeper.

 

The conflict arises from the fact that professionalism for physicians places  patients’ interests above all else.   The complete care of  sick human being is a responsibility that often goes beyond reasonable demands on time.   The professional interest of the insurance industry is to control risk and to maintain profit. 

 

For the caring physician this conflict produces an injustice to the patient and a misrepresentation of fact, all to the detriment of an effective system of medical care.  The ethical physician is obliged to rebuke both, to blow the whistle, to become engaged outside the confines of his office.  It is unfortunate that cost-containment and other aspects of caring for patients are not discussed in the arena of ethics, but in political and economic ones, where the ethical parameters of the issue are never brought to light.  In the ongoing health reform debate, the ethical issues cannot be dissociated from the bottom line issues relating to cost, profit and control of the medical profession.

 

We are left with the gnawing question of how and when we, as ethical business,  medical, or other professionals,  and  everyday members of a community,   should engage ourselves in exposing these things in daily life without being vengeful, excessively morally righteous, or simply ineffectual.    This kind of  behavior will always be difficult, soul-searching, and ultimately, unpopular and possibly, harmful to one’s self-interest.    Zola himself was the butt of  unseemly jokes,  posters, and newspaper attacks.  His  ultimate death by asphyxiation in his own house was most likely  a premeditated act by his political enemies.

 

How do we teach these moral lessons to our children and how should the schools that we support teach them to our community’s children?   Perhaps Zola’s  100 year old exhortation to France can  be understood by  today’s yeshiva children vis-à-vis  current problems in their own lives.    I might close by suggesting that Zola’s  engagement in the search for truth and justice might be incorporated into their school curriculum.    The reading of normative literature can be an excellent model for the discussion of the kinds of questions I have raised.  By using a set of secular, ethical writings as models, I have attempted to  link  a  religious discussion of  ethical and moral problems to a true historical event.

 

With all of this in mind, I would close by recalling the resonance of Zola’s voice in our ears:  “Truth is on the march, nothing can stop it now”.  His exhortation is similar to   Jeremiah’s exhortation to the Jewish people (9:22-3)  to emulate  the  attributes of the

 

“…….Eternal, who exercises mercy,

Justice and righteousness on earth;

 For in these things I delight,

 Says the Eternal”.

 

 

 

 

NOTES

 

  1. « Lettre à M. Felix Faure, Président de la République » was the signed newspaper article published on January 13, 1898, in L’Aurore, with the block letter headline « J’ACCUSE” – that is, “I ACCUSE” each of the malefactors in the Dreyfus case.   Subsequently, it has become known by its two word title.
  2. The three newspaper articles were published in Le Figaro on November 25, December 1, December 5, 1897. The brochures were published as independent documents on December 14, 1897, and January 6, 1898.
  1. These ideas recur in Emile Zola’s fiction, especially in his utopian novels that            follow the Rougon-Macquart volumes after 1880

  4)  This halakhic principle was explained to me in a personal conversation with Rabbi Hershel Schachter at Yeshiva University in April, 2010.  Rabbi Shachter explained that even though the scholarly level of the rabbis in the Bet Din is authoritative, wrongdoing by them must be rebuked, even by an outsider.  This would not be a violation of the din of respect for the scholar.  He cited the principle of not doing business with “crooks”.  I would like to thank my son, Daniel Lauchheimer, for his introducing me to his respected teacher, Rabbi Schachter.

5)   Thanks to my friends, Emeritus Professor Henri Mitterand of Columbia University and the Sorbonne, and Rabbi Stephen Berkowitz of the Liberal Jewish Synagogue of Paris, for their directing me to published studies about  Rabbi Zadoc Kahn

6)       I helped to organize a colloquium about a particular new Holocaust novel by a young French-American, Jewish author, Jonathan Littell.  This took place at Hebrew University, Jerusalem, in June, 2009.  Please see my comments at the web site of the colloquium under “Afterview” (http://bienveillantes.huji.ac.il/)

 

 

 

 

 

 

 

 

 

A Peculiar Point in Rav Samson Raphael Hirsch's Essays on Education

Despite the rhetoric emanating from certain camps of Orthodox Judaism, studying secular knowledge lishmah—knowledge for knowledge's sake—is a widely accepted notion among Jewish thinkers. In fact, virtually none of the great Jewish personalities who discuss the value of secular knowledge—from Rav Saadiah Gaon and Rambam to Rav Kook and Rav Soloveitchik—speak of its utilitarian value. Rambam does not praise Aristotle's philosophy for its salary-increasing powers, nor does Rav Kook laud university studies for their utility in getting into a good law school.

Rav Samson Raphael Hirsch is a classic example of this knowledge-lishmah school of thought. Not only does he extol the spiritual value of secular studies, he explicitly derides those who see knowledge as a tool to advance one's career. Two quotations (many more can be adduced) from his essays should suffice to establish this point. In "The Relevance of Secular Studies," Rav Hirsch writes:

[A]ny supporter of education and culture should deplore the fact that when these secular studies are evaluated in terms of their usefulness to the young, too much stress is often placed on so-called practical utility and necessity. Under such circumstances, the young are in danger of losing the pure joy of acquiring knowledge for its own sake, so that they will no longer take pleasure in the moral and spiritual benefits to be obtained by study.

And in "The Joy of Learning," Rav Hirsch has this to say:

[W]e forget that by hurrying to impose the yoke of the materialistic, or, as we like to put it euphemistically, the practical aims of life upon the dawn and springtime of childhood and early youth, we only deprive our children prematurely of the bloom of flowering youth and nip our children's spiritual yearnings in the bud. Instead of encouraging our children to get wisdom for its own sake, we raise them to become only clever and shrewd, judging everything in the light of self-interest and respecting only those intellectual and spiritual pursuits that are likely to yield the highest dividends in terms of material gain. A generation raised on such a philosophy of life will never be able to experience that true joy of learning, which regards knowledge itself as the supreme reward.

Rav Hirsch also stresses that educators must not give their students the impression that their secular studies are simply a necessary concession to modern times. Such an impression is both incorrect and harmful, for "[o]nly ideas rooted in genuine conviction will be received with enthusiasm. Products of compromise can expect no more than grudging acceptance forced by considerations of expediency."

Thus far, Rav Hirsch emerges as merely another proponent—albeit an enthusiastic and vocal one—in the long line of Jewish thinkers who see inherent value in studying secular knowledge.

What distinguishes Rav Hirsch, however, and what makes him a fascinating case study is that more than once in his essays on education, he cites statements of Hazal, our Sages, regarding studying Torah lishmah to bolster his position that one should study secular knowledge lishmah.

For instance, in an essay discussing general education, "Ethical Training in the Classroom," Rav Hirsch cites Pirkei Avot 2:6, "v'lo am ha'arets hassid" and remarkably translates this aphorism as "[A]n uneducated man will not attain the moral grandeur of selfless devotion to duty." Traditionally, the term am ha'arets refers to someone lacking Torah, not general, knowledge. And yet, Rav Hirsch either ignores or pretends not to know this.

Even if Rav Hirsch understands am ha'arets in a nontraditional sense, he also applies other statements of Hazal to secular knowledge that almost certainly refer exclusively to the study of Torah. For example, he cites Kiddushin 40b, "Limud gadol she-haLimud meivi lidei ma'aseh," and translates this statement as "Knowledge has priority because only the right kind of knowledge can give rise to the right practice." Two sentences later he paraphrases Pirkei Avot 4:7 as "[I]t was considered a desecration of knowledge and the striving after knowledge to use learning as a ‘crown of self-glorification' or a ‘tool for making a living.'" Rav Hirsch applies these quotations to secular studies without even hinting that in their original context they refer specifically to the study of Torah.

Nor does Rav Hirsch limit his literary misappropriations to select quotations. In the same essay he makes this general statement about Hazal:

[O]ur Sages were enemies of ignorance. They regarded education, intellectual enlightenment, and the acquisition of knowledge as the first of all moral commandments. They viewed the dissemination of intellectual enlightenment among all classes of the population as the prime concern of the nation, and the training of a child's mind as the first and most sacred duty of fatherhood. They considered it a matter of conscience for every Jewish father to see that his child should not remain a boor and am ha'arets; no Jewish child must be allowed to grow up as an ignorant, uneducated person.

Frankly, this is staggering. Rav Hirsch talks of Hazal as enemies of ignorance, generally speaking, not enemies of Torah ignorance—even though most of Hazal's statements concerning education surely address Torah education only. Nor does Rav Hirsch apparently feel the need to explain himself (and an explanation is desperately needed, especially keeping in mind the vast difference between Torah and other fields of knowledge in the minds of most Orthodox Jews). Rav Hirsch never says something to the effect of, "Although our Sages speak of Torah education, we can apply the principle behind their statements to secular education as well."

While Rav Hirsch's employment of Hazal in praising the acquisition of secular knowledge is most pronounced in his essay, "Ethical Training in the Classroom," he blurs the lines between Torah and secular knowledge in other essays as well. For example, in "Education in the Rabbinic Era," Rav Hirsch concludes by asking, "If the pure delight in knowledge for its own sake should, once again, become the common heritage of an entire nation, might it not contribute, in some fashion, to the uplifting, the healing, and the greater happiness of all mankind?" Again, Rav Hirsch speaks of "knowledge"—generically—even though the mishnaic and talmudic statements he summarizes in this essay only concern Torah knowledge.

In "Talmudic Judaism and Society," Rav Hirsch, citing Shabbat 31a, writes that the second question Heaven asks a person after he dies is "[D]id you set aside a fixed time each day for continuing your studies?" The actual question, as found in the Talmud, is "Kavata itim laTorah? —Did you set aside fixed times for the study of Torah?" Rav Hirsch somehow morphs "Torah" into "studies." Further blurring the lines, Rav Hirsch cites this statement of Hazal among a series of other talmudic statements, all of which concern generic knowledge, not Torah knowledge.

Finally, in "The Joy of Learning," Rav Hirsch attempts to convince parents of the need to instill a love of learning in their children in an era when “materialistic concerns are given such prominence.” He contrasts his age's attitude toward gaining knowledge with "the spirit of true scholarship, which, until very recently, was cherished by the members of the Jewish nation." Of course, this "true scholarship" cherished by Jews was Torah scholarship. Indeed, in subsequent sentences in this essay Rav Hirsch writes specifically of "Jewish scholarship." Nonetheless, Rav Hirsch is less than crystal clear in this essay when he employs, without qualification, the words "scholarship" and "knowledge."

With this fascinating discovery in hand, what now? How does one explain what appears to be an intriguing misuse of Hazal and Jewish history?

My short answer to this dilemma is "I don't know." One can write this apparent distortion off to Rav Hirsch's lifelong goal of winning hearts and minds to Orthodox Judaism. However, such an answer is less than satisfactory in that it assumes a certain dishonesty on Rav Hirsch's part. I, therefore, offer the following possible explanation.

Rav Hirsch obviously knew he was taking liberties in quoting statements from Hazal on Torah study to extol the acquisition of general knowledge. Nonetheless, he considered the step more of a logical "skip" than a logical "leap." In other words, unlike the vast chasm many contemporary Orthodox Jews see between Torah and general knowledge, Rav Hirsch viewed the two fields of study as basically similar to one another. Both concern God's wisdom; the student of Torah studies the Divine word, while the student of nature, history, and society studies the Divine design. Both are divinity students.

Moreover, in his essays on education, Rav Hirsch repeatedly argues that discovering the laws governing nature should inspire a person to uncover the laws governing his own life—i.e., the moral law. In Rav Hirsch's terminology, the laws of the Creator should lead people to the laws of the Lawgiver. And by "obeying this moral law of his own free choice, man joins the great chorus of creatures that serve God."

If, then, the proper study of Torah, nature, and history are all closely intertwined with the study of God's moral law, and if "[i]n the view of Judaism, truth is one and indivisible," Rav Hirsch's out-of-context utilization of Hazal's statements on education becomes more understandable. In his mind, secular studies represent another path in one's Divine service. If so, truly how can one misuse such knowledge as a "crown for self-glorification" or as "a tool for making a living"?

And perhaps, therefore, Hazal had these studies in mind when they argued, "lo am ha'arets hassid.” After all, Jewish learning in Rav Hirsch's opinion is "so broad and universal in character that it happily welcomes any other fields of study that aspire toward an understanding of the realities of nature and history." And even if Hazal did not have such studies in mind, Rav Hirsch likely believed that Torah and secular knowledge are similar enough that one may, in good faith, take a rabbinic statement regarding the one and apply it to the other.

To us, these ideas may sound revolutionary; to Rav Hirsch, they apparently were self-evident. 

 

 

 

National Scholar January Report

To our members and friends

Our fall semester highlighted a communal symposium on October 21 on Conversion to Judaism, featuring our Founder and Director, Rabbi Marc Angel, Rabbi Yona Reiss (Head of the Chicago Beth Din and the Director of the Rabbinical Council of America’s conversion courts), and myself. The event was exceptional, and you can watch the presentations on YouTube at https://www.youtube.com/watch?v=GG17aaahdPQ. As of this writing, we have had nearly 1000 views! Please watch the video and send the link to your friends so that we can reach an ever-growing audience.

 

We also held a teacher training through our Sephardic Initiative on November 4. Twenty educators participated, and we look forward to posting their reports on how they are implementing our materials and methodology in their classrooms.

 

Our next major symposium will be on Sunday, February 10, from 10:00am-12:30pm. We will discuss the need for our schools and communities to do more to promote ethical behavior as a basic Torah teaching. Our program will feature Rabbi David Jaffe, a National Jewish Book Award Winner for his book, Changing the World from the Inside Out; Dr. Shira Weiss, author of several books on ethics and Director of Admissions at the Frisch School; Rabbi Daniel Feldman, a Rosh Yeshiva at Yeshiva University who has authored several books on ethics in halakhah; and myself. The symposium will be held at Lincoln Square Synagogue, 180 Amsterdam Avenue (@68th Street) in Manhattan.

 

On Shabbat, February 22-23, I will be the scholar-in-residence at the University of Pennsylvania. This is part of our initiative to spread our core vision to university students across the country. For our latest reports from our Campus Fellows of our University Network, please see https://www.jewishideas.org/article/campus-fellows-report-november-2018.

 

On Mondays, March 4, 11, 18, 25, April 1, and April 15, 1:00-2:15pm I will teach a six-part series on the Book of Psalms, integrating classical commentary and contemporary scholarship as we learn more about prayer and religious experience. It will be held at Lamdeinu Teaneck, at Congregation Beth Aaron, 950 Queen Anne Road, Teaneck. To register, go to lamdeinu.org.

 

On Shabbat March 22-23, I will be the scholar-in-residence at the Boca Raton Synagogue. Our impact on communities across the country has been remarkable, and we have built up a beautiful network of participants in our work as a result.

 

As always, thank you for all of your support, and we will continue to spread our vision to educators, university students, and the broader Jewish community.

Rabbi Hayyim Angel

National Scholar

Institute for Jewish Ideas and Ideals

 

Moshe and Aharon: Two...Together

Shemot 6:26. That is Aaron and Moses, to whom the Lord said, "Take the children of Israel out of the land of Egypt with their legions."

Shemot 6:27. They are the ones who spoke to Pharaoh, the king of Egypt, to let the children of Israel out of Egypt; they are Moses and Aaron.

 

 In Parashat Va’eira, Hashem refers to Moshe and Aharon in two consecutive verses. In verse 26, He puts Aharon's name first and in verse 27, Moshe’s . Why is that?

According to Rashi, the reason is to show that one is not greater than the other. They are equals. The Kedushat Levi (the Berditchever Rebbe) expands on the matter. He explains that in verse 26, Aharon is mentioned first because when Hashem speaks, it is to Moshe (as seen just before in 6:2), so one might think that Moshe is greater; and therefore the Torah puts Aharon first to show they are comparable. When they speak to Pharaoh, Aharon is the primary speaker, and one might think he is the superior. The Torah this time puts Moshe first to again show they are on the same level.

The Berditchever further explains that we need the aspects of both Moshe and Aharon in our service of Hashem. Moshe represents awe and fear of Hashem, while Aharon represents pleasure and enjoyment. The Berdichiver shows by explaining their names and tying together their attributes, that the only way for the Israelites to leave Egypt was for Moshe and Aharon, both as leaders of their people and due to their divine aspects, to be working together.

The Lubavitcher Rebbe explained that Moshe represents the study of Torah, while Aharon represents Tefillah, prayer. The reason that sometimes one of them is mentioned before the other is to show that we need both of these fundamental principles of Judaism in our lives at all times; but sometimes we need to relate to Hashem with prayer, and sometimes through learning.

Our relationship with Hashem must be two ways, just as our relationship with others must be mutual. One can’t talk to a friend and only listen, nor only talk. Real conversation is achieved when one listens to what the other has to say and not just be waiting impatiently to get one’s own point across. The same is the case if one is too timid to speak and only listens and nods the head like a robot. We all must do both to be productive.

When it comes to our relationship with Hashem, it is certainly difficult to keep this balance. One day it might be easy to learn for many hours but have an immensely difficult time flipping through the siddur, or maybe even waking up for morning prayers in the first place. Another day, one may be super passionate in prayer, but learning a page of Talmud will seem as appealing as a root canal.

It is important that we engage in both praying and learning, and incorporate them both into our lives each day. As the Rebbe explained, it is fine to favor one over the other sometimes, but we still need both for spiritual success.

            May we all merit to take the aspects of both Moshe and Aharon, as well as incorporating every positive quality and deed in our lives, and always keep them balanced.  Even though sometimes our prayer, study, or performance of mitzvot may seem annoying or tedious, we should always strive to do what is right… with enjoyment, satisfaction, and awe.

Bridges, Not Walls: A Collection of Articles

The following articles, spanning over 30 years, offer reflections on aspects of
the theme, “Bridges, Not Walls.” They relate to issues of intellectual openness;
interpersonal relationships; and human dignity.

Orthodoxy and Isolation

(This article was originally published in Moment Magazine,
September 1980)

Gershom Scholem has described a mystic as one who struggles
with all his might against a world with which he very much
wants to be at peace. The tense inner dialectic, I think, is true
not only of a mystic, but of every truly religious person.

A religious person devotes his life to ideals, values, and observances which generally are
at odds with the society in which he lives. He fights with all his power to
resist succumbing to the overwhelming non-religious forces around him.
Yet, he does not want to live his life as a struggle. He wants to be at peace.
He wants to be able to relax his guard, not always to feel under siege.

There are “religious” communities where the tensions of this dialectic
are suppressed successfully. Within a tightly knit Hassidic community or
in a “right-wing” Orthodox enclave, the positive forces of the community
strongly repel the external pressures of the non-religious world. It is easier
to create what Henry Feingold has called a “Pavlovian Jewish response”
within a vibrant and deeply committed religious colony. Religious observance
is the norm; children learn from the earliest age what they should
and should not do; outside influences are sealed out as much as possible.
In such communities, the individual need not feel the incredible loneli-
ness and pain of struggling by himself against society. His own society
reinforces him. His own community—as a community—is relatively selfsufficient
spiritually, and it is this entire community which withstands the
outside world.

But the Modern Orthodox Jew feels the intensity of the dialectic struggle
to the core of his existence. He is as Orthodox and as Jewishly committed
as the Hassidim or as the “right-wing” Orthodox. He does not feel
he is less religious because he does not have a beard, does not wear a black
hat. No. The Orthodox Jew who is a college graduate, an intellectual, a
professional, an open-minded person, can pray to God with a deep spirituality
and can dedicate his life to fulfilling the words of God as revealed
in the Torah.

Yet, because his eyes are open and because he is receptive to the intellectual
and social life of the society around him, the enlightened Orthodox
Jew finds it difficult to be at peace. He generally does not live in a community
which helps him shut off external influences. He does not have a large
reservoir of friends who share the depth of his religious commitment
while at the same time sharing his openness to literature, philosophy, or
science. He is at war with society, but wants to be at peace with society.
Really, he is alone.

In “The Castle,” Kafka describes the predicament of Mr. K, a land surveyor.
K comes to a place which is composed of two distinct entities: the
Castle and the Village. K spends a good deal of time trying to make his way
from the Village to the Castle but—in typical Kafkaesque style—he
becomes lost in labyrinthine confusion. At one point, someone tells K; You
are not of the Castle, you are not of the Village, you are nobody. K’s
predicament is especially meaningful to an enlightened Orthodox Jew. He
is neither a part of the Village nor the Castle. And often, he wonders if he,
too, is nobody.

This is not metaphysics, not philosophy; it is the pragmatic reality for
many thousands of devoted Jews in this country.

And in the most confusing situation of all we have the enlightened
Orthodox rabbi. Not only is he busy with his own personal struggles,
fighting his own wars, but he also is responsible for the struggles and battles
of his community. Sometimes, his congregation may not even realize
there is a war. Sometimes, he may appear to be a contemporary version of
Don Quixote. Sometimes, he is perceived as being too religious and idealistic,
and sometimes he is perceived as being crass, materialistic, secular-
ist. For some people he is not modern enough, while for others he is a traitor
to tradition.

Imagine for a moment the dilemma of an enlightened Orthodox rabbi.
He is religiously educated and committed. He is trained in the humanities
and the sciences. The Orthodox community on the “right,” which scorns
university education, looks upon this rabbi as a fake and imposter. The
non-Orthodox community looks upon him as a religious reactionary who
is trying to maintain ancient standards of kashruth, Shabbat, mikvah, and
so many other laws in a society where these commandments seem almost
meaningless. The right-wing Orthodox community condemns him for
associating with non-Orthodox rabbis and with non-Orthodox Jews. And
the non-Orthodox rabbis and non-Orthodox Jews may “respect” him from
a distance, but they innately recognize that his is “not one of us.”

When Moshe came down from Mount Sinai the second time, the
Torah tells us that his face emitted strong beams of light. It was necessary
for him to wear a mask to that people could look at him. One can imagine
the terror of little children when they looked at the masked Moshe.
One also can imagine the profound impact such a mask must have had on
all the people of Israel. But we must also stop to think about how Moshe
must have felt wearing such a mask, knowing that there was a strong, visible
barrier separating him from his people. Who can know? Perhaps
Moshe cried in misery and loneliness behind that mask.

While people to the right and people to the left will judge, condemn,
patronize, “respect” the enlightened Orthodox rabbi, few people take the
time to wonder what is going on behind his “mask.” He also has ears, eyes,
and senses. He knows what people are saying and thinking. He knows that
his authenticity as a religious figure is challenged from the right and from
the left. He knows that his ideals and visions for his community are far
from realization, perhaps impossibly far. He knows that his best talents are
not enough to bring his people to a promised land.

Imagine the quandary of an Orthodox rabbi who works with non-
Orthodox rabbis in Jewish Federations or Boards of Rabbis. On the one
hand, his open-mindedness compels him to be involved in communal
Jewish affairs and to work for the good of the community with all interested
people. Yet, it is possible that the Reform rabbi sitting next to him
has eaten a ham sandwich for lunch, drives to the synagogue on Saturday,
and has performed marriages that should not have been performed
according to halakha. Is this Reform rabbi—whom he likes and respects
as a human being—his friend and colleague? Or is this rabbi his archenemy,
a person dedicated to teaching Judaism in a way that the
Orthodox rabbi considers mistaken and even dangerous? And as this
conflict nags at him, what is he to do with the voices of the right-wing
who condemn him as a traitor for recognizing or legitimizing nonhalakhic
clergy? And what is he to do with the voices of the non-
Orthodox who condemn him for not being flexible and open enough on
religious questions?

Or imagine another case. An enlightened Orthodox rabbi may recognize
a variety of ways which could ameliorate the position of women in
halakhic Judaism. His liberal education has made him receptive to a host
of ideas, many of which can be implemented within the guidelines of tradition
Jewish law. Yet, the “right-wing” Orthodox would condemn such
ideas as basic violations of Jewish law and tradition. And at the same time,
the non-Orthodox are fast to condemn the enlightened Orthodox rabbi for
being too conservative and rigid.

He has the right ideas, but no medium of communication. He can
speak, but he has few who will listen.

And yet another example. An enlightened Orthodox rabbi may recognize
the need for compassion and understanding when dealing with the
issue of conversion to Judaism. He may want to work within the halakha
to encourage would-be converts to accept halakhic Judaism. He may reject
the narrow and unnecessary stringencies advocated by colleagues on the
right wing. And he will be roundly criticized and condemned by them. On
the other hand, because he absolutely believes in Torah and halakha, he
will require converts to undergo a rigorous program of study as well as circumcision
and mikvah. Because of his standards, the non-Orthodox community
views him as old-fashioned, unenlightened and even insensitive.

With all these tensions and conflicts, with all the voices to the right and
to the left, the enlightened Orthodox rabbi tries to serve his God and his people
in an honest and authentic way. It is very tempting to give up the battle.
The internal pressures are sometimes too much to bear. But he cannot succumb
to the temptation; he is the prisoner of his commitments and beliefs.
Moshe, behind his mask, may indeed have been lonely and sad. But he
never forgot who he was. In fact, he probably spent more time thinking
about his condition when he wore the mask than when he did not. It is difficult
to have a barrier between yourself and others. But perhaps a mask
helps you to develop the courage and strength to stand alone in the battle
against a world with which you want—with all your being—to be at peace.

Teaching the Wholeness of the Jewish People
(edited version)

(This article originally appeared in the magazine Ten Da’at,
Heshvan 5749, Fall 1988.)

Our heritage is rich and vast, and we claim that we teach it. But
do we truly understand the wholeness of the Jewish people,
or is our knowledge really limited and fragmented? Do we—
indeed can we—inculcate the concept of Jewish unity in our students? If
we as educators are unaware of or disinterested in Jews who have had different
historic experiences than we have had, how can we convey the richness
of Judaism?

How can we, in fact, demonstrate the sheer wonder of
halakhic Jewry without a sense of awe at the halakhic contributions of all
our diverse communities throughout the world, throughout the ages?
We may study the Talmud of Babylonia and Israel; the codes of sages
in Spain; the commentaries of scholars of France, Germany, and Italy; the
responsa of rabbis of Turkey, the Middle East, and North Africa; the novellae
of sages of Eastern Europe; the traditions and customs of Jewish communities
throughout the world. We study this diverse and rich literature
and confront the phenomenon that all these Jewish sages and their communities
operated with the identical assumptions—that God gave the
Torah to the people of Israel, that halakha is our way of following God’s
ways.

As we contemplate the vast scope of the halakhic enterprise—and
its essential unity—we begin to sense the wholeness of the Jewish people.
If, for example, we were to study only the contributions and history
of the Jews of America, we would have a narrow view of Judaism. If we
limited our Jewish sources only to a particular century or to a particular
geographic location, we would be parochial. We would be experts in a segment
of Jewish experience; but we would be ignorant of everything outside
our narrow focus.

In order to teach the wholeness of the Jewish people, we need to have
a broad knowledge and vision of the Jewish people. We cannot limit ourselves
to sources only from Europe, just as we cannot limit ourselves to
sources only from Asia or Africa. Often enough, however, Jewish education
today fails to include in a serious way the Jewish experiences in Asia
and Africa. How many educators can name ten great Jewish personalities
who lived in Turkey, Morocco, or Syria during the seventeenth, eighteenth,
and nineteenth centuries? How many Jewish Studies teachers have
studied any works of authors who lived in Muslim lands over the past four
to five centuries? And how many have taught this information to their students?

And have they learned?

There is a vital need to teach “whole-istic” Judaism, drawing on the
great teachings of our people in all the lands and periods of their dispersion.
To do this, we ourselves need to study, to think very seriously, to feel
genuine excitement in gathering the exiles of our people into our minds
and consciousnesses. When we are engaged in this process, we can help
our students share the excitement with us. Jews who are “not like us,”
whose families came from countries other than “ours,” should not be
viewed as being exotic or quaint. There is more to a Jewish community
than a set of interesting customs or folkways. We need to be able to speak
of the Jews of Vilna and of Istanbul and of Berlin and of Tangiers with the
same degree of naturalness, with no change in the inflection of our voices.
We need to see Jews of all these—and all the other—communities as
though they are part of “our” community.

Consider the standard Mikra’ot Gedolot, a common edition of the
Bible. There are commenaries by Rashi (France); Ibn Ezra and Ramban
(Spain); R. Hayyim ben Attar, the Ohr haHayyim (Morocco); R. Ovadia
Seforno (Italy), and many others. The commentaries of the Talmud, the
Rambam, and Shulhan Arukh are also a diverse group, stemming from different
places and times. It is important for teachers to make their students
aware of the backgrounds of the various commentators. In this relatively
simple way, students are introduced to the vastness of the Torah enterprise—
and of the value of all communities that have engaged in maintaining
the Torah. To quote Sephardic sages together with Ashkenazic sages,
naturally and easily, is to achieve an important goal in the teaching of
wholeness of the Jewish people.

Most teachers teach what they themselves have learned. They tend to
draw heavily on the sources which their teachers valued. It is difficult and
challenging to try to reach out into new sources, to gain knowledge and
inspiration from Jewish communities which one originally had not considered
to be one’s own.

The majority of Jews living in Israel are of African and Asian backgrounds.
Students who gain no knowledge of the history and culture of
the Jews of Africa and Asia are being seriously deprived. They will be
unable to grasp the cultural context of the majority of Jews in Israel, or
they will trivialize it or think it exotic.

But if Jews are to be a whole people,
then all Jews need to understand, in a deep and serious way, about
other Jews. This is not for “enrichment” programs or for special
“Sephardic days;” this is basic Jewish teaching, basic Jewish learning.

I am saddened by the general narrowness I have seen in some schools.
There is a reluctance to grasp the need for wholeness on a serious level.
Time is too short. Teachers don’t want more responsibilities. But Judaism
goes far beyond the sources of Europe and America. Giving lip service to
the beauty of Sephardic culture; or singing a Yemenite tune with the
school choir; or explaining a custom now and then—these “token lessons”
don’t represent a genuine openness, a positive education.

Standard textbooks don’t teach much about the Jews of Africa and
Asia, their vast cultural and spiritual achievements, their contributions to
Jewish life and to Torah scholarship. Schools often do not make the effort
to incorporate serious study of these topics, so our children grow up with
a fragmented Jewish education.

To raise awareness and sensitivity, teachers should utilize the
resources within the community—including students, community members,
and synagogues representing diverse backgrounds, customs, and history
that can enlighten students. Spending Shabbat with diverse
communities, within the United States as well as when visiting Israel, can
be a moving way of sharing cultures and customs.

Attaining wholeness in Jewish education entails considerable work on
the part of administrators, teachers, and students. It may cost time and
money. But can we really afford to continue to deprive our children and
our people of wholeness?

Eulogy at Wounded Knee

(Originally delivered in May 1992 at the Wounded Knee Memorial
in South Dakota.)

W e stand at the mass grave of men, women and children—
Indians who were massacred at Wounded Knee in the
bitter winter of 1890. Pondering the tragedy which
occurred at Wounded Knee fills the heart with crying and with silence.

The great Sioux holy man, Black Elk, was still a child when he saw the
dead bodies of his people strewn throughout this area. As an old man, he
reflected on what he had seen: “I did not know then how much was
ended. When I look back now from this high hill of my old age, I can still
see the butchered women and children lying heaped and scattered all
along the crooked gulch as plain as when I saw them with eyes still young.
And I can see that something else died there in the bloody mud and was
buried in the blizzard. A people’s dream died there. It was a beautiful
dream. For the nation’s hoop is broken and scattered. There is no center
any longer, and the sacred tree is dead.”

Indeed, the massacre at Wounded Knee was the culmination of
decades of destruction and transformation for the American Indian. The
decades of suffering somehow are encapsulated and symbolized by the
tragedy at Wounded Knee. Well-armed American soldiers slaughtered
freezing, almost defenseless, Indians—including women and children.
Many of the soldiers were awarded medals of honor for their heroism, as
if there could be any heroism in wiping out helpless people.

How did this tragedy happen? How was it possible for the soldiers—
who no doubt thought of themselves as good men—to participate in a
deed of such savagery? How was it possible that the United States government
awarded medals of honor to so many of the soldiers?

The answer is found in one word: dehumanization. For the
Americans, the Indians were not people at all, only wild savages. It was no
different killing Indians than killing buffaloes or wild dogs. If an American
general taught that “the only good Indian is a dead Indian,” it means that
he did not view Indians as human beings.

When you look a person in the eye and see him as a person, you simply
can’t kill him or hurt him. Human sympathy and compassion will be
aroused. Doesn’t he have feelings like you? Doesn’t he love, fear, cry,
laugh? Doesn’t he want to protect his loved ones?

The tragedy of Wounded Knee is a tragedy of the American Indians.
But it is also more than that. It is a profound tragedy of humanity. It is the
tragedy of dehumanization. It is the tragedy that recurs again and again,
and that is still with us today. Isn’t our society still riddled with hatred,
where groups are hated because of their religion, race, national origin?
Don’t we still experience the pervasive depersonalization process where
people are made into objects, robbed of their essential human dignity?
When Black Elk spoke, he lamented the broken hoop of his nation.

The hoop was the symbol of wholeness, togetherness, harmony. Black Elk
cried that the hoop of his nation had been broken at Wounded Knee.
But we might also add that the hoop of American life was also broken
by the hatred and prejudice exemplified by Wounded Knee. And the hoop
of our nation continues to be torn apart by the hatred that festers in our
society.

Our task, the task of every American, is to do our share to mend the
hoop, to repair the breaches.

The poet Stephen Vincent Benet, in his profound empathy, wrote:
“Bury my heart at Wounded Knee.” This phrase reflects the pathos of this
place and the tragedy of this place.

But if we are to be faithful to Black Elk’s vision, we must add:
Revitalize our hearts at Wounded Knee. Awaken our hearts to the depths
of this human tragedy. Let us devote our revitalized hearts toward mending
the hoop of America, the hoop of all humanity That hoop is made of
love; that hoop depends on respect for each other, for human dignity.
We cry at this mass grave at Wounded Knee. We cry for the victims.
We cry for the recurrent pattern of hatred and dehumanization that
continues to separate people, that continues to foster hatred and violence
and murder.

Let us put the hoop of our nation back in order. For the sake of those
who have suffered and for the sake of those who are suffering, let us put
the hoop of our nation back in order.

Orthodoxy and Diversity

(This article originally appeared in Liber Amicurum, in honor of
Rabbi Dr. Nathan T. Lopes Cardozo, Jerusalem, 2006.)

The Talmud (Berakhot 58a) teaches that one is required to
recite a special blessing when witnessing a vast throng of
Jews, praising the Almighty who is hakham haRazim, the One
who understands the root and inner thoughts of each individual. “Their
thoughts are not alike and their appearance is not alike.” The Creator
made each person as a unique being. God expected and wanted diversity
of thought, and we bless God for having created this diversity among us.

The antithesis of this ideal is represented by the evil city of Sodom.
Rabbinic teaching has it that the Sodomites placed visitors in a bed. If the
person was too short, he was stretched until he fit the bed. If he was too
tall, his legs were cut off so that he fit the bed. This parable is not, I think,
merely referring to the desire for physical uniformity; the people of Sodom
wanted everyone to fit the same pattern, to think alike, to conform to the
mores of the Sodomites. They fostered and enforced conformity in an
extreme way.

Respect for individuality and diversity is a sine qua non of healthy
human life. We each have unique talents and insights, and we need the
spiritual climate that allows us to grow, to be creative, to contribute to
humanity’s treasury of ideas and knowledge.

Societies struggle to find a balance between individual freedom and
communal standards of conduct. The Torah, while granting much freedom,
also provides boundaries beyond which the individual may not trespass.
When freedom becomes license, it can unsettle society. On the other
hand, when authoritarianism quashes individual freedom, the dignity and
sanctity of the individual are violated. I wish to focus on this latter tendency
as it relates to contemporary Orthodox Jewish life.

Some years ago, I visited a great Torah luminary in Israel, Rabbi Haim
David Halevy. He had given a shiur (Torah lecture) for rabbis and rabbinical
judges in which he suggested introducing civil marriage in the State of
Israel. He offered cogent arguments in support of this view, and many of
those present actually thanked him for having the courage to put this issue
on the rabbinic agenda. His suggestion, though, was vehemently opposed
by the rabbinic establishment, and he was sharply criticized in the media.
Efforts were made to isolate him and limit his influence as much as possible.
Students of the rabbi were told not to attend his classes any longer.
This rabbi lamented to me: “Have you heard of the mafia? Well, we have
a rabbinic mafia here.” This, of course, is an indictment of the greatest
seriousness. It is not an issue of whether or not one favors civil marriage.
The issue is whether a rabbinic scholar has the right and responsibility to
explore and discuss unpopular ideas. If his suggestions are valid, they
should be accepted. If they are incorrect, they should be refuted. But to
apply crude pressure to silence open discussion is dangerous, and inimical
to the best interests of the Torah community.

Similar cases abound where pressure has been brought to bear on rabbis
and scholars who espouse views not in conformity with the prevailing
opinions of an inner circle of Orthodox rabbinic leaders. As one example
of this phenomenon, a certain rabbi permitted women to study Talmud in
his class at his synagogue. One of the women in his congregation consulted
a Rosh Yeshiva who promptly branded the synagogue rabbi as a heretic
(apikores) for having allowed women to study Talmud. The Rosh Yeshiva
told the woman she was not permitted to pray in the synagogue as long as
that rabbi was there. When the synagogue rabbi was informed of this, he
wrote a respectful letter to the Rosh Yeshiva and explained the halakhic
basis for women studying Talmud. The Rosh Yeshiva refused to answer,
and told the woman congregant that he would not enter into a correspondence
with a heretic. The woman stopped attending the rabbi’s synagogue.

Is this the way of Torah, whose ways are the ways of pleasantness?
Does this kind of behavior shed honor on Orthodoxy? Shouldn’t learned
people be able to speak with each other, argue a point of halakha, disagree
with each other? Shouldn’t the Torah world be able to deal with controversy
without engaging in name-calling and delegitimation?

Over the years, I have been involved in the planning of a number of
rabbinic conferences and conventions. Invariably questions are raised
concerning who will be invited to speak. Some say: If Rabbi so-and-so is
put on the program, then certain other rabbis and speakers will refuse to
participate. Some say: If such-and-such a group is among the sponsors of
the conference, the other groups will boycott the event. What is happening
in such instances is a subtle—and not so subtle—process of coercion.
Decisions are being made as to which Orthodox individuals and groups
are “acceptable” and which are not.

This process is insidious and is unhealthy for Orthodoxy. It deprives
us of meaningful discussion and debate. It intimidates people from taking
independent or original positions for fear of being ostracized or isolated.
Many times I have heard intelligent people say: I believe thus-and-so
but I can’t say so openly for fear of being attacked by the “right.” I support
such-and-such proposal, but can’t put my name in public support for fear
of being reviled or discredited by this group or that group.

We must face this problem squarely and candidly: The narrowing of
horizons is a reality within contemporary Orthodoxy. The fear to dissent
from “acceptable” positions is palpable. But if individuals are not allowed
to think independently, if they may not ask questions and raise alternatives—
then we as a community suffer a loss of vitality and dynamism.
Fear and timidity become our hallmark.

This situation contrasts with the way a vibrant Torah community
should function. Rabbi Yehiel Mikhel Epstein, in the introduction to
Hoshen Misphat of his Arukh haShulhan, notes that difference of opinion
among our sages constitutes the glory of Torah. “The entire Torah is called
a song (shira), and the glory of a song is when the voices differ one from
the other. This is the essence of its pleasantness.”

Debates and disagreements have long been an accepted and valued part
of the Jewish tradition. The Rama (see Shulhan Arukh, Y.D. 242:2,3) notes
that it is even permissible for a student to dissent from his rabbi’s ruling if
he has proofs and arguments to uphold his opinion. Rabbi Hayyim Palachi,
the great halakhic authority of nineteenth-century Izmir, wrote that
the Torah gave permission to each person to express his opinion according
to his understanding. . . . It is not good for a sage to withhold his words out
of deference to the sages who preceded him if he finds in their words a clear
contradiction. . . . A sage who wishes to write his proofs against the kings
and giants of Torah should not withhold his words nor suppress his prophecy,
but should give his analysis as he has been guided by Heaven. (Hikekei
Lev, O.H. 6; and Y.D. 42)

The great twentieth-century sage, Rabbi Haim David Halevi, ruled:
Not only does a judge have the right to rule against his rabbis; he also has
an obligation to do so [if he believes their decision to be incorrect and he
has strong proofs to support his own position]. If the decision of those
greater than he does not seem right to him, and he is not comfortable fol-
lowing it, and yet he follows that decision [in deference to their authority],
then it is almost certain that he has rendered a false judgment. (Aseh Lekha
Rav, 2:61)

Rabbi Moshe Feinstein, in rejecting an opinion of Rabbi Shelomo
Kluger, wrote that “one must love truth more than anything” (Iggrot
Moshe, Y. D., 3:88).

Orthodoxy needs to foster the love of truth. It must be alive to different
intellectual currents and receptive to open discussion. How do we, as
a Modern Orthodox community, combat the tendency toward blind
authoritarianism and obscurantism?

First, we must stand up and be counted on the side of freedom of
expression. We, as a community, must give encouragement to all who
have legitimate opinions to share. We must not tolerate intolerance. We
must not yield to the tactics of coercion and intimidation.

Our schools and institutions must foster legitimate diversity within
Orthodoxy. We must insist on intellectual openness, and resist efforts to
impose conformity. We will not be fitted into the bed of Sodom. We must
give communal support to diversity within the halakhic framework, so
that people will not feel intimidated to say things publicly or sign their
names to public documents.

Let me add another dimension to the topic of diversity within
Orthodoxy. Too often, Orthodox schools and books ignore the teachings
and traditions of Jews of non-Ashkenazic backgrounds. Information is
presented as though Jews of Turkey, the Balkans, North Africa, and the
Middle East simply did not exist. Little or no effort is made to draw from
the vast wellsprings of knowledge and inspiration maintained by these
communities for many centuries. Yet, these communities—deeply
steeped in tradition—produced many rabbis and many books, rich
folklore, and religious customs; and these spiritual treasures belong to
all Jews. To ignore the experience and teachings of these communities is
to deprive ourselves and our children of a valuable part of the Jewish
heritage.

Why, then, isn’t there a concerted effort to be inclusive in the teaching
of Jewish tradition? Among the reasons are: narrowness of scope, a tendency
toward conformity, lack of interest in reaching beyond the familiar.
However, unless we overcome these handicaps, we rob Orthodoxy of vitality
and strength, creativity and breadth.

Orthodoxy is large enough and great enough to include the Rambam
and the Ari; the Baal Shem Tov and the Gaon of Vilna; Rabbi Eliyau
Benamozegh and Rabbi Samson Raphael Hirsch; Rabbi Abraham Isaac
Kook and Rabbi Benzion Uziel; Dona Gracia Nasi and Sarah Schnirer. We
draw on the wisdom and inspiration of men and women spanning the
generations, from communities throughout the world. The wide variety of
Orthodox models deepens our own religiosity and understanding, thereby
giving us a living, dynamic, intellectually alive way of life.

If the Modern Orthodox community does not have the will or courage
to foster diversity, then who will? And if we do not do it now, we are missing
a unique challenge of our generation.

Retaining Our Humanity

(Originally published as an Angel for Shabbat column on
Parashat Shemot, January 9, 2010.)

“And he turned this way and that way,
and saw that there was no man.”

When Moses saw an Egyptian taskmaster beating an
Israelite slave, he looked around before striking the
Egyptian down. This passage is usually understood to
mean that he wanted to be sure that he would not be seen when he slew
the Egyptian.

The passage might be understood in a different way. Moses was outraged
by the entire system of slavery. He saw one group of people oppressing
another group of people, treating the slaves as chattel rather than as
fellow human beings. By dehumanizing the Israelites, the Egyptians felt
no remorse in beating them, forcing them to do backbreaking work, condemning
their children to death. The taskmasters had lost their humanity.

The abusive treatment of slaves exacted a psychological as well as
physical price; the slaves came to see themselves as inferiors to their masters;
they lost self-respect along with their freedom.

When Moses was confronted with a specific instance of an Egyptian
beating a Hebrew slave, he realized that “there was no man”—the oppressor
had become a savage beast, the oppressed had become a work animal.
The human element had vanished; there was no mercy, no mutual respect,
no sympathy for each other. It was this recognition that was more than
Moses could bear. He rashly killed the Egyptian—which did not solve the
problem at all. He was then compelled to flee for his own life. He stayed
for many years in the tranquility of Midian, working as a lonely shepherd.
He could not deal with the injustices taking place in Egypt—a land where
“there was no man,” a land where people had been reduced to animal status,
to objects rather than subjects.

The Torah’s story of the redemption of the Israelite slaves is ultimately
a profound lesson teaching that each human being has a right to be free,
to be a dignified human being, to be treated (and to treat others) as a fellow
human being. Slavery is an evil both for the oppressor and the
oppressed. It is a violation of the sanctity of human life.

Dehumanization of others leads not just to disdain, or even to slavery;
it leads to violence and murder. Dehumanization is how terrorists justify
murder: They see their victims as inferior beings, as infidels—not as fellow
human beings created in the image of God. Dehumanization results
in discrimination against those who are perceived to be “the other”—people
of different ethnicity, religion, race, beliefs.

We know our society is in trouble when members of one group feel
themselves innately superior to people of another group, and engage in
stereotyping and dehumanizing them. We know that there is moral decay
within the Jewish people, when Jews of one background feel themselves
superior to Jews of another background, when they exhibit discriminatory
behavior and language, when they dehumanize their fellow Jews and
fellow human beings.

When human beings treat each other as objects, humanity suffers.
When human beings see their kinship with other human beings and treat
each other with respect, humanity begins its process of redemption. We
can retain our own humanity only when we recognize the humanity of
each of our fellow human beings

I and Thou

(Originally published as an Angel for Shabbat column for
Parashat Bemidbar, May 11, 2013.)

When the Israelites were liberated from their slavery in
Egypt, they did not—and could not—immediately
become free people. Although the physical servitude
had come to an end, psychological/emotional slavery continued to imbue
their perception of life.

For generations, they had been viewed as objects, as lowly slaves
whose existence was controlled by Egyptian taskmasters. Not only did the
Egyptians see the Israelites as beasts of burden, but it was inevitable for
the slaves to internalize this evaluation of their own lives. They were
dehumanized . . . and it was very difficult to retain their humanity, selfrespect,
and dignity.

In this week’s Torah portion, we read about the census of the Israelites
in the wilderness. The Torah specifies that those who were to be counted
in the census were to be identified by their names and by their families.
This was a dramatic way of telling them: you have names, you have families,
you are dignified human beings; you are not chattel, you are not
nameless slaves, you are not objects. Until the Israelites came to internalize
their freedom and self-worth, they would continue to see themselves
as inferior and unworthy beings.

In his famous book, I and Thou, Martin Buber pointed out that human
relationships, at their best, involve mutual knowledge and respect, treating
self and others as valuable human beings. An I-Thou relationship is
based on understanding, sympathy, love. Its goal is to experience the
“other” as a meaningful and valuable person. In contrast, an I-It relationship
treats the “other” as an object to be manipulated, controlled, or
exploited. If I-Thou relationships are based on mutuality, I-It relationships
are based on the desire to gain functional benefit from the other.

Buber wrote: “When a culture is no longer centered in a living and
continually renewed relational process, it freezes into the It-world, which
is broken only intermittently by the eruptive, glowing deeds of solitary
spirits.” As we dehumanize others, we also engage in the process of dehumanizing
ourselves. We make our peace with living in an It-world, using
others as things, and in turn being used by them for their purposes.

In critiquing modern life, Erich Fromm has noted that “We have
become things and our neighbors have become things. The result is that
we feel powerless and despise ourselves for our impotence.”

The line between I-Thou and I-It relationships is not always clear.
Sometimes, people appear to be our friends, solicitous of our well-being;
yet, their real goal is to manipulate us into buying their product, accepting
their viewpoint, controlling us in various ways. Their goal isn’t mutual
friendship and understanding; rather, they want to exert power and
control, and they feign friendship as a tactic to achieve their goals.

Dehumanization is poisonous to proper human interactions and relationships.
It is not only destructive to the victim, but equally or even more
destructive to the one who does the dehumanizing. The dehumanizer ultimately
dehumanizes himself/herself, and becomes blinded by egotism and
power-grabbing at any cost. Such a person may appear “successful” based
on superficial standards; but at root, such a person is an immense failure
who has demeaned his or her humanity along with the humanity of his or
her victims.

The Israelites, after their long and painful experience as slaves, needed
to learn to value themselves and to value others; to engage in I-Thou
relationships based on their own human dignity and the dignity of others.
One of the messages of the census in the wilderness was this: You are a
dignified individual and your life matters—not just for what you can do
as an “It” but for who you are as a “Thou."

I-It relationships are based on functionality. Once the function no
longer yields results, the relationship breaks. I-Thou relationships are
based on human understanding, loyalty and love. These relationships are
the great joy of life.

I recently received an email with the following message: “Friendship
isn’t about who you have known longest . . . it’s about who came and never
left your side.”
 

What All Jews Can Learn From Great Sephardic Rabbis of Recent Centuries

To limit Sephardic tradition to those of Sephardic ancestry is like limiting Shakespeare to Englishmen. While persons born in the British Isles may rightfully take pride in their illustrious countryman, his genius is relevant to all people, and is not contingent upon his place of birth. So too, with regard to central values and religious orientations found in the writings of Sephardic rabbis of recent centuries: their import extends beyond Sephardim by birth, to all Jews attempting to chart a course for a personal and communal life in which authentic Judaism and humanity go hand in hand.

In the following pages, I briefly set out examples of such Sephardic ideas and values, gleaned from over three decades of involvement in research of this field, that may be of interest to the readers of “Conversations”. The translations are mine, as are the caption of each source text.

Tradition as Responsive to Change

Rabbi Ben-Zion Meir Hai Uzziel (1880-1953), born in the Jewish Quarter of Jerusalem’s Old City, was chief rabbi of Jaffa-Tel-Aviv from 1912 to 1939, and chief rabbi of Israel from 1939 until his death in 1953. In the introduction to the first volume of his halakhic responsa Mishpetei Uzziel, he writes:

In every generation, conditions of life, changes in values,
and technical and scientific discoveries -- create new questions and problems that require solution. We may not avert our eyes from these issues and say 'Torah prohibits the New', i.e., anything not expressly mentioned by earlier sages is ipso facto forbidden. A-fortiori, we may not simply declare such matters permissible. Nor, may we let them remain vague and unclear, each person acting with regard to them as he wishes. Rather, it is our duty to search halakhic sources, and to derive, from what they explicate, responses to currently moot issues.

Several significant points are contained in this brief passage. While Torah is eternal, it’s goal is not to create an existential bubble in which Jews conduct their lives detached from, and impervious to, the vicissitudes of contemporary human life. Rather: Jews must be sensitive to such changes, not only in science and technology but also in general conditions of life (e.g. social and ecological conditions) and in values held by human beings in their time. The attitude Jews should cultivate towards such changes should be neither one of passivity – simply swaying with the current of human affairs – nor of overall resistance. The phrase rabbi Uzziel uses to signify such resistance is noteworthy: ‘Torah prohibits the New’. This phrase, coined by rabbi Moshe Sofer (1761-1839) was the catchword of 19th century European Orthodoxy, and is a core value of contemporary right-wing Orthodoxy around the world. It identifies true commitment to Torah with powerful resistance to change. Rabbi Uzziel knew this full well – and deeply disagreed: responsiveness always was, and must remain, a hallmark of Judaism. But such response should not be arbitrary nor Jewishly uninformed: tradition in general, and the richness of halakhic texts in particular, should and can serve as a vast trove of resources for creative Jewish response to change.

Integration of Torah and General Learning

A necessary condition for a personal and communal life in which authentic Judaism and humanity go hand in hand is, for a Jew to be intellectually at home in both Jewish and general knowledge. This is not a concession to the need to make a living, but an a priori religious and cultural ideal. Rabbi Yitzhak Dayyan (1877-1964) was born in Aleppo, and later moved to Israel; he was considered the leading Aleppan-born rabbi of the 20th century. In his essay The Torah of Israel and the People of Israel (Aleppo, 1923), he writes:

The first intellectuals [maskilim] in the period of the wise men of Spain realized and knew well the depth of the spirit of Judaism and its glorious power. The Torah and rational knowledge walked among them like twin sisters. And there was a true peace among their spiritual tendencies. And therefore in their wisdom and their intelligence they strengthened and validated the Torah and the tradition, and made them intellectually accessible.

Later in his essay, rabbi Dayyan criticizes modern European maskilim, who felt that one must choose between modern culture and Judaism – and therefore severed their commitment to, and involvement with, traditional Jewish life and learning. In the paragraph cited above, rabbi Dayyan presents two central characteristics of classic Jewish culture at its height in medieval times. One is more obvious: not a division of labor in which some Jews would be involved in Torah and others in human knowledge, but a situation in which (ideally) all Jews would be simultaneously involved in both. The other is less obvious: some versions of Torah ‘im Derekh Eretz (Torah with General Knowledge) idealized a bifurcated Jew who was acquainted with both general and Jewish material, but whose Judaism remained ‘unsullied’ by his exposure to non-Jewish sources. This is not the ideal outlined by rabbi Dayyan; rather, the ideal Jew is a person who successfully integrates these two realms, as was done by the great rabbis of Spain’s golden age: The Torah and rational knowledge walked among them like twin sisters. And there was a true peace among their spiritual tendencies.

Rabbi Joseph Hayyim of Baghdad (1835-1909), halakhist, kabbalist, poet and (moderate) maskil, was the greatest scholar and religious leader of Iraqi Jewry in modern times. In 1903 he was invited to present the keynote address at the inauguration of a new building for an Alliance Israelite Universelle school in Baghdad. The central theme of his address was the ideal of a program of Jewish education in which children would be exposed simultaneously to both Jewish and general studies. Here are some excerpts:

[…] It is known that the good and appropriate time for a person to study is only when he is still of a young age, when the burden of his physical sustenance is not upon him, nor is he responsible for bearing the burden of sustaining a wife and children. And by nature, his mind is clear and what he learns will be inscribed upon the tablet of his heart and will not budge. And therefore it is appropriate to deal with youth in their early years in both of these realms of learning: one, that of our Holy Torah, and one of Derekh Eretz, i.e., languages, writing and the like. And they should deal with them in both of these realms of study simultaneously, during their youth, when their mind is clear.

And it is with regard to this that the Tanna says in The Ethics of the Fathers (2:2): “Beautiful is the study of Torah with the way of the world, for the toil of them both causes sin to be forgotten,” i.e., it is right and proper to be involved in both the study of Torah and of Derekh Eretz at the same time, for the toil of both of them together causes sin to be forgotten – that is, the evil inclination found in the heart of humans because of our murky substance. Since his toil will be in the realms of the intellect, and therefore the evil that is within him will not move from potential to actual, to perform sinful acts.

And this is what the Bible alludes to “His left hand is under my head, and his right hand doth embrace me” (Shir haShirim 2:6) […] The realm of Torah is called “right” for it is strong and adept, while the realm of Derekh Eretz that relates to this world is called “left” for it is the less dexterous. And thus he says “His left hand is under my head” i.e., the matters of Derekh Eretz are under my head and I engage in them, and also “His right hand” – that is the realm of Torah – “doth embrace me”, i.e., I engage in it at the same time that I engage in derekh eretz, taking hold of both this and that simultaneously, for in such a manner a person sees blessing in his studies.

According to some views, the proper order of study for a Jew should be, first Torah and then – only after achieving mastery of Torah – mundane studies. This of course relegates acquirement of general knowledge to a later period in one’s life, with the formative years being devoted to Torah alone – thereby ensuring that one’s character, values and outlook will not be influenced by ‘alien’ sources. Only when one is older and presumably irrevocably a “Torah true” Jew, may one be exposed to other sources of knowledge which (hopefully) will by then be unable to do any harm.

The educational guidelines sketched by rabbi Joseph
Hayyim are quite different. On his view, it is specifically when the student is youngest and most impressionable that s/he participate in a program of study that includes both Torah and general studies (derekh eretz), for we are interested that both of these ‘will be inscribed upon the tablet of his heart’. In addition, it is not only Torah but also general studies – together and in tandem – that have a formative and corrective influence upon the child’s character: ‘it is right and proper to be involved in both the study of Torah and of Derekh Eretz at the same time, for the toil of both of them together causes sin to be forgotten’. The notion that the ideal Jewish person should be influenced by Torah alone is, therefore, mistaken.

Of special interest is the final paragraph cited from rabbi Joseph Hayyim’s address, in which he alludes to the Song of Songs. As is well known, there was opposition on the part of some ancient rabbis to include this deeply erotic text in the Bible; however, the view that finally prevailed was that of rabbi Akiva and his peers, who identified the Song of Songs as expressing the intense relationship between God and the People of Israel. Thus, when rabbi Joseph Hayyim quotes here from the Song of Songs, he is expressing a deep idea concerning a Jew’s experience of the Divine: just as our acquaintance with God and our feelings of closeness and involvement with Him are cultivated by study of Torah, so too should they cultivated by, and experienced through, our study of worldly knowledge. God is manifest both in Torah and in Creation, and only our experience of both of these simultaneously is an experience of His full embrace: ‘“His left hand is under my head, and his right hand doth embrace me”.

Response to Secularization and its Consequences

According to the sources we have seen above, the ideal is for a Jew to successfully integrate Jewish and general human influences upon his personal life and development. In all generations there were many who were unsuccessful at achieving this ideal. However, this has become increasingly so in recent centuries, as secularization has led to the divorce of religion from daily life. A major challenge facing Jews, and rabbinical leaders in particular, is: how to relate to Jews who are alienated from traditional Jewish praxis and commitment? One mode of response, advocated by a leading faction in German Orthodoxy and followed (either in principle or in fact) by many committed European Orthodox Jews, is: to form congregations exclusively composed of fully
observant individuals, thereby assuring that synagogue life will not be corrupted by the presence of secularized Jews. While continuing to assert that “a Jewish sinner is still a Jew” (af ‘al pi she-hatta, Yisrael hu), the creation of such communities entailed a disassociation from the mass of non-observant Jews, and a de facto non involvement in ensuring a Jewish future for them and their children.

This mode of response was not the one taken by leading Sephardic rabbis. Rabbi Ya’akov Mizrahi (1888-1948) was born in Beirut and educated in Damascus. In 1909 he emigrated to Argentina and served as a rabbi and educator affiliated with the Damascene Jewish émigré community in Buenos Aires until his death in 1948. The following quotation (from his collected oeuvre veZarah Ya’akov, Lydda 1994, derush 22) succinctly expresses a Sephardic rabbinic critique of the European Orthodox approach described above:

Even in a generation of Ba’al worship, in a time when “They do not know Me, says the Lord” and when “all are whores, a convention of traitors”, even in such a generation, the prophet only says “might I leave my people and go from them, to be in a desert inn” (cf. Jeremiah ch. 9). But in fact, he does not leave his people, has ve-halila, and does not walk away from them. He does not split off from the public, does not collect around him persons who are God-fearing and wise in their own eyes, halila. He does not establish for himself a separate congregation, saying “Peace will be mine”(cf. Deuteronomy 29:18). That is not the way of sincere, straight, devoted Judaism. Rather, that is a tactic of Galut, that pollutes Israel (‘okher Yisrael) and lengthens the Galut. Furthermore, we believe with a perfect belief, that the repair (tikkun) of our souls and of our spiritual level that has declined to the lowest rung, will not be achieved by splitting off, but rather by unity. The new generation, whom we see sinking into 49 gates of impurity while our eyes look on and long for them, will not be saved by (anyone) splitting off. They will not be brought under the wings of the Shekhina except by unity and drawing close: “I taught Ephraim to walk; I took them on My arms” (cf. Hosea 11:3).

In this remarkable passage, Rabbi Mizrahi relates to the topic at hand by referring to several Biblical sources. Jeremiah was faced by a situation even more discouraging than that of rabbis in modern times: not only were Jews abandoning God, they were actively betraying Him by choosing alternate religions and other gods. But, however much Jeremiah was repelled and disgusted by the actions of these Jews, and however much he yearned to find solace in seclusion, he resisted that temptation. The phrase that rabbi Mizrahi employs to describe those who succumb to such temptation is striking. He refers to them as saying “Peace will be mine”, thus pointing the reader to Torah’s description of a person who splits off from the Jewish people to do what he considers to be advantageous for himself as an individual, declaring “Peace will be mine, though I follow the hardness of my heart” (Deuteronomy 29:18 ). According to Torah, such willful selfishness will not be overlooked by God:
(19) the Lord will not be willing to pardon him, but then the anger of the Lord and His jealousy shall be kindled against that man, and all the curse that is written in this book shall lie upon him, and the Lord shall blot out his name from under heaven; (20) and the Lord shall separate him unto evil out of all the tribes of Israel, according to all the curses of the covenant that is written in this book of the law.

In the case at hand, the selfishness of these persons is a religious one: they are out to enjoy a frum communal milieu, unencumbered by the irritating presence of sinners or slackers. Rabbi Mizrahi does not see this as qualitatively different from other manifestations of selfishness. If the ideal path for a human being is, as Maimonides taught us, imitatio Dei, then we must seek to act in the manner He is described as acting. The prophet Hosea states that the Israelites “sacrificed unto the Baalim, and offered to graven images” (Hosea 11:2). God’s response (as quoted by rabbi Mizrahi, above) was: “I taught Ephraim to walk; I took them on My arms”, i.e., God sought to guide those who strayed into sin by taking them upon His arms and providing close, personal guidance for them. Indeed, in the next verse (Hosea 11:4) God goes on to say: “I shall draw them with cords of a man, with bands of love”. The conclusion drawn by rabbi Mizrahi is, that true care for the future of Judaism should be expressed by inclusiveness and care for all Jews:

“The new generation … will not be saved by (anyone) splitting off. They will not be brought under the wings of the Shekhina except by unity and drawing close”. In the following sections we will see how this ideal was manifested in halakhic decisions by two leading Sephardic rabbis of the 20th century.

“Great is Peace”: Rabbi Joseph Mesas responds to widespread secularization in North Africa

Rabbi Joseph Mesas (1892-1974) was one of the greatest and most creative halakhic decisors of the 20th century. In 1939, the following question was addressed to him by the rabbi of Port Lyautey, Morocco
(Otzar Ha-Mikhtavim, vol. II, #1302):

Many of the amei-ha-aretz publicly desecrate the Sabbath, some in order to make a living. But there are also rich people who have been accustomed to this from their youth. However, they all believe in God, and perform philanthropic mitzvot. Does their touch render wine prohibited?

This question reveals the inaccuracy of the view that North African Jewry was religiously observant until the mass migration to Israel and to Europe. Even before WW2, a significant sector of Moroccan Jewry was working on Shabbat or otherwise publically performing acts absolutely forbidden by halakha. Some justified this by the need to make a living; others had been accustomed to such behavior from their childhood and thus saw no need to justify it. According to classic halakha, Jews who publically desecrate the Shabbat are considered as-if they are Gentiles. Also according to classic halakha, wine touched by a Gentile is considered non-kosher. If so, wine touched by a Jew who is ‘as-if’ a Gentile – is unkosher. However, in the case at hand, these same Jews declare their belief in God, identify as Jews, and are supportive of fellow Jews who are in need. How, then, should we relate to them—qua ‘as-if’ Gentiles or qua fellow Jews?

Rabbi Mesas surveyed the halakhic literature and concluded that it clearly determines what status should be accorded to public desecrators of the Shabbat: they are as-if Gentiles, and therefore “according to the law as it stands, there is no permission for wine they touch”. One would expect that these words would be the ‘bottom line’ of his ruling; but they are not. Rabbi Mesas proceeds to write:

But, we can mend their situation on the basis of another consideration, namely: Because of our many sins that prolong our exile, the amei-ha-aretz who desecrate God’s Sabbath and Holidays are numerous. Most of our give and take is with them, and they are in continuous social contact with us: they enter our homes, and we enter theirs. And there is not one banquet, whether mandatory or optional, in which we do not sit with them, in their own homes, such as Zeved ha-Bat, circumcision, redemption of the first born, marriages etc.

So, if we came to forbid wine they have touched, by even the slightest gesture or hint, we would rapidly become involved in conflict and would fan the flames of controversy to the heart of the heavens. By doing so we would be causing ourselves great injury, through their enmity and hatred; and it is possible that as a result they would spurn even the few commandments that they do fulfill, and totally reject everything, God forbid.

Despite the (mis)behavior of these persons with regard to the norms of Shabbat, they and the observers of Shabbat constitute one, interactive community. This is evident in the ongoing joint participation of Jews, whose level of observance varies radically, in all manner of joint social events, many of which are of a religious or quasi-religious character. Such mutuality is of course contingent upon the recognition that all participants are equally Jewish. Following the halakha that defines many of the participants as ‘as-if’ Jews would, of course, bring the ongoing conviviality to an abrupt end. Both ‘sides’ would suffer: the Sabbath-observers would be regarded with hate and enmity by those they had stigmatized, and the desecrators of Shabbat would now distance themselves from tradition, and cease observance even of those few mitzvoth that they had until then been observing. One might say: “Well, if that is what halakha requires, then – that is what religious Jews must do, whatever the consequences!”. But rabbi Mesas holds otherwise:

Therefore, it is right to be lenient in this matter, even for the sake of Peace alone, whose power is great. For, for the sake of Peace they [=the rabbis, Hazal] permitted the performance of acts that are rabbinic prohibitions, and the non-performance of acts mandated by positive commandments of the Torah [see: S’deh Hemed, Pe’at HaSadeh, section Gimmel, paragraph 36]. This is all the more so with respect to this prohibition which is quite light, for even the Christians and Muslims of our time are not worshippers of other gods, and therefore if they accidentally touch our wine it is permitted even for drinking [as Maran – rabbi Joseph Caro – wrote in Yoreh De’ah section 124 clause 7].

For these reasons, we are lenient, and permit them to be called up to the Torah, and to read the Haftarah, and we count them for a minyan and for all other ritual matters.

According to Rabbi Mesas (and a good many other rabbis), when halakha instructs us to follow a certain norm, this should always be understood as saying: “Do X – barring other weighty constraints”. Thus, while there is a rule instructing us to regard those who publically desecrate the Shabbat ‘as-if’ they are Gentiles – in the case at hand there is another VERY weighty counter-indication: the disruption and uprooting of intra-Jewish peace. The preservation and cultivation of peace is a major and high-ranking value, in the eyes of Torah. So much so, that when observance of other halakhic norms might conflict with the preservation of peace, the observance of those other norms should, in most instances, be suspended. So it is with regard to all norms of rabbinic origin (de-rabbanan): if I am commanded by rabbinic law to perform a certain act, or if I am forbidden by the rabbis to perform some act, and compliance with that rabbinic law will entail a disruption of the public peace – I must (in this instance) disregard the rabbinic norm. Thus, if there is, e.g., some food that is non-kosher de-rabbanan but my refusal to eat it will impair the communal peace – I must eat that food. Similarly, if Torah law itself commands me to perform a certain act (mitzvat ‘aseh), but performing that mitzvah will disrupt the peace – I must (in this instance) refrain from performing that commandment. Only with regard to an act that is prohibited by Torah (mitzvat lo-ta’aseh de-Oraita) is this not so: even at the cost of disrupting the peace, I may not perform an act forbidden by Torah.

To ostracize a Jew for publicly desecrating the Shabbat is not a Torah prohibition, and therefore, it is trumped by the mitzvah of preserving and cultivating peace between all Jews, whatever their degree of observance. This, rabbi Mesas concludes, applies not only to their wine, but to their participation in all other realms of religious life from which they would have been excluded by an “as-if-Gentile” status: “For these reasons, we are lenient, and permit them to be called up to the Torah, and to read the Haftarah, and we count them for a minyan and for all other ritual matters.”
This inclusive attitude is manifest – and even broadened -- in the following case, dealt with by rabbi Moshe haCohen Dreihem.

The Broader Bounds of Inclusivity:

Accepting a convert who will be non-observant, for the sake of a Jew and his non-Jewish descendents

Rabbi Moshe HaCohen (1906-1966) was born into the Jewish community on the island of Djerba in Tunisia and there received his religious education; to differentiate between him and other contemporaries of a similar name, he received the additional surname ‘Dreihem’. He became the chief rabbi of the "small quarter" of the island and head of its yeshiva, and was considered one of the leading scholars of this special community. In 1958 he immigrated to Israel and was appointed a member of the rabbinical court in Tiberius, and in that capacity became aware of a major historical and social issue requiring rabbinical attention:
Many Jews married Gentile women after the Second World War and have fathered sons and daughters with them. According to the law, the children’s status follows that of their Gentile mother [i.e. they are not Jewish]. When they come to Israel, the husband brings the children [to the court] for giyyur, sometimes with their mother and sometimes on their own. The trouble is that they reside in places in which the people do not observe the tradition: they eat forbidden foods and desecrate the Sabbath and the holidays. It is clear that after giyyur they will behave similarly to the Jews among whom they live, since it is almost impossible for them to be observant (responsa Veheshiv Moshe, Tiberias, 1968, #51)

According to the Shulhan Arukh, one of the stages of giyyur is "acceptance of the commandments" (kabbalat ha-mitzvot), and a widely held halakhic opinion with which R. HaCohen was familiar held that there is a clear contradiction between ‘acceptance of the commandments’ and intention to violate them. In fact, a baraita cited in the Talmud indicates that a gentile should not be accepted for giyyur if he specifically rejects even one halakhic norm. How, then, could rabbis accept a candidate for giyyur whom they knew would almost certainly lead a secular life? Researching this halakhic issue, rabbi HaCohen reached what he considered to be a better overall interpretation of the primary sources, concerning the core requirements of a halakhic giyyur.

One such requirement is, that a proselyte “accept the commandments”. Based upon painstaking analysis of the sources, R. HaCohen wrote:

The requirement of kabbalat mitzvot does not mean that he commits himself to observe all the mitzvoth; rather, that he accepts the commandments of the Torah with the awareness that if he violates some of them, he will be punished accordingly. Thus, although subsequently [after the giyyur] he violates some of the commandments of the Torah, this does not impugn his acceptance of the yoke of mitzvot [kabbalat ‘ol mitzvot], for “even though he sinned, he is a Jew.” Indeed, even if at the moment that he accepts the mitzvot he intends to violate some of them, he did accept them – on the knowledge that if he transgresses, he may be punished. Therefore, he is a good, fine ger.

The halakhic requirement that a convert "accept the burden of the commandments" means, that the candidate is required to recognize that as a Jew he will be subject to the system of halakha, and is prepared to accept the consequences of non-compliance. The halakhic duty of the court is to ascertain the Gentile's awareness of the system of halakha, rather than his intent to follow its rules. That having been determined, the following question arose: if halakha does not make giyyur conditional upon the convert’s intention to fulfill all the commandments, is there some other intention that halakha poses as a condition for accepting a Gentile into the process of giyyur?

Rabbi HaCohen's answer was positive: accepting a person for giyyur is conditional upon the existence of a real intention to become part of the Jewish people. Such intention becomes apparent if, after the giyyur, the proselyte follows a lifestyle that – in the context of his time and place – marks him/her as a Jew. Rabbi HaCohen’s assessment of the lifestyle normally led by secular Jews in the Israel was that they indeed behaved in ways that were markedly Jewish. He therefore ruled that according to halakha, the children and spouses of secular Jews in Israel may unhesitatingly be accepted for giyyur – even if afterwards the family will continue to live in a secular neighborhood, to send its children to secular schools and to lead a Jewish-Israeli-secular lifestyle.

But, one might well ask: what good would be achieved by transforming Gentiles into secular Jews? Rabbi HaCohen sets forth the relevant considerations clearly and unequivocally:
They [the Gentile woman and her children by the Jew] should be accepted for giyyur to save the man from a more grievous offence [i.e. intermarriage] that according to ancient tradition is punishable by karet, and that makes one liable to attack by zealots. And also, to save the children who will be born to them as well as to accept for giyyur the children they already have, to bring the whole family under the wings of the Shekhinah [Divine Presence], ‘that none of us be banished’. (2 Sam. 14:14).

In the case of intermarriage, the values of communal solidarity should lead rabbis to follow the path of inclusivity with regard to the Jewish spouse: by accepting his wife (or her husband) for giyyur, the Jewish partner is being rescued from a serious state of sin.

Furthermore, this inclusive imperative extends not only towards the couple, but also towards their children. This is clearly the case with regard to the children of a Gentile father and a Jewish mother, who are halakhically Jewish. However, rabbi HaCohen extends this imperative also towards the children of a Jewish father and a Gentile mother, who from a formal halakhic point of view are not Jews. Rabbi HaCohen justifies concern for their future by referring to the biblical phrase ‘that none of us be banished’. In post-Talmudic sources, this phrase is employed to convey several meanings. With regard to the Jewish community, it expresses the duty of rabbis and leaders not to treat sinners and social deviants in a manner that will cause them and their descendants to be severed from the community, but rather to mend a breach in the correct order of reality by an act of inclusion. With regard to giyyur its implication is, that according to the underlying principles of Torah, it is right and proper to to utilize giyyur in order to include persons of Jewish descent into the community, even though they are not halakhically Jewish. Rabbi HaCohen’s position thus reflects an over-arching perspective regarding the extension of the group towards whom rabbis bear responsibility. This group includes not only those who are halakhically Jewish but also other descendents of Jews.

Conclusion

At the outset of this article, I set out to provide examples of Sephardic ideas and values that could be of benefit to all Jews attempting to chart a course for a personal and communal life in which authentic Judaism and humanity go hand in hand. The examples I focused on included the ideal of Tradition as responsive to change; the view that integration of Torah and general learning is a major religious ideal; and the value of response to secularization not by separatism but rather by maintenance of communal unity.

The ideal of communal inclusiveness and its halakhic implications for rabbis and leaders was illustrated by two examples: inclusiveness towards public desecrators of Shabbat in order to preserve peaceful interaction and relations within one, diverse Jewish community; and inclusiveness towards intermarried secular Jews and their children by accepting their spouses and children for giyyur. It is hard to overstate the implications for the entire fabric of contemporary Jewish life, if these values and policies upheld by great Sephardic rabbis were to be actually accepted and applied within Orthodox and halakhic Judaism.