National Scholar Updates

A Minority Within a Minority: Truth Seeking as a Non-exclusive Reality

Mishlei 1:2-3

“To know wisdom and discipline, to comprehend words of understanding; To receive the discipline of wisdom, righteousness, justice, and equity; To give prudence to the simple, knowledge and discretion to the youth. Let the wise man hear and increase learning. The understanding man shall acquire wise counsels to understand an allegory and a figure, the words of the wise and their riddles. The fear of Hashem is the beginning of knowledge; fools despise wisdom and discipline.”

Introduction

One of the last conversations I had with my paternal grandmother before she passed away changed my life in ways that I initially could not imagine. At the timeת my grandmother was 94 years old and her memory was starting to fade a bit. From her 80’s into her 90’s she was a bastion of family history and information with a memory that spanned decades and generations. I grew up far from most of my family and after my father died my contact with my grandmother was my main source of connection to them.

In her last years, my grandmother’s conversations were often repetitive due to her advanced age with “How have you been, where have you been, I have’t seen you in a long time, etc.” being the most common points of return for her. Yet, from time to time an almost eerie sense of clarity would come over her and she would say things to me that were often profound; things that she had never told me in the past.

During one such conversation my grandmother kept returning to trivial matters until all of a sudden out of the blue she asked me, “What do you believe in?” The question caught me off guard because it was sudden and had nothing to do with the subject of the conversation. The reality was that time of my life I was in a state of flux, intellectually, even though I thought I had it all figured out.

I stumbled through various ways of trying to answer grandmother’s question, not sure why I couldn’t find the words to explain myself. After a few moments of not giving her a clear and conclusive answer she stopped me and made one of the most profound statements anyone has ever made to me.

“Let me tell you that a day is coming where you will have to be something and believe in something not because of anything I told you, not because of anything your mother has told you, and not because of anything anyone has told you. No, the day is coming when you will have to be something and believe in something because you have investigated it and you know it to be true!”

With that statement her memory faded and she fell back into the trivial conversation we were having before. From that moment forth nothing was ever the same and even though I spent many years trying to come to grips with her statement eventually it came front and center when I chose to dedicate my life to the truth like she told me. That choice led me to ground myself in the reality of Torath Mosheh to the best of my personal ability while learning how to divest myself from falsehoods.

“Through the intellect man distinguishes between the true and the false. This faculty Adam possessed perfectly and completely. The right and the wrong are terms employed in the science of apparent truths (morals), not in that of necessary truths, as, e.g., it is not correct to say, in reference to the proposition "the heavens are spherical," it is "good" or to declare the assertion that "the earth is flat" to be "bad": but we say of the one it is true, of the other it is false. Similarly our language expresses the idea of true and false by the terms emet and sheker, of the morally right and the morally wrong, by tov and ra’. Thus it is the function of the intellect to discriminate between the true and the false--a distinction which is applicable to all objects of intellectual perception.” [1]

A Minority Report

The truth, speak about it in the wrong sectors and you can get strange glances. Have a conversation about the truth with someone in modern-western based society and you may end up in argument about how there is no such thing as absolutes. I can’t even count the number of times someone, with no real experience a particular topic, would tell me something is an absolute truth when in reality due to my own research I knew it was theoretical. Some of the same people, while discussing a topic they term as “religious,” have treated my presentation of facts as problematic when they can’t find contradictions. In many of these cases they often fall back on the, “How can anyone know what the truth is?” or “Nothing can be established as the truth” method of avoiding the issue. In many cases the people who fall into this category are often are not able to see any further than their own perspectives because they are often using the wrong tools for the wrong job while not recognizing the fault in their philosophical approach.

What I mean by this is that if one wants to know if there is a possibility that the Source of Creation spoke to Am Yisrael, as the Torah describes[2], one would not pull out arguments on theoretical physics, chemistry, or mathematics. These fields of study may answer the “how” such an event may have taken place but they cannot answer “if” something actually took place. No, one would first use a historical model which is sometimes termed as a “convergence of facts” or a convergence of evidence.[3] [4] On the other hand, if one wants to make sense of the various statements made by Hazal about human perceived natural events and extra-natural events that Torath Mosheh describes as having sources from Hashem, one would not use the models for historical analysis and instead would use what is currently known in the various sciences.

Thus, when I approach any challenge or any question as to what I hold by[5], what I don’t understand, or what I desire to establish I use my experience as an electrical and an EMC Engineer in line with my studies of Torah to make decisions and come to conclusions. This, as a practice, does not take place once or a few times but is something that I interact with every day as someone who is focused on trying to understand the truth of every matter that affects my personal life and my daily philosophy.

"Adam the first, majestic man of dominion and success, and Adam the second, the lonely man of faith, obedience and defeat, are not two different people locked in an external confrontation ... but one person who is involved in self-confrontation. ...In every one of us abide two personae - the creative majestic Adam the first, and the submissive, humble Adam the second." [6]

Truth – A Daily Companion

My confrontations and struggles with living out the truth, many times as the as a singular individual from a minority or as a minority within that minority, have been varied and numerous. They have spanned my travels in America, Israel, Ethiopia, Italy, and Japan and covered numerous topics. My ammunition has been the study of texts and keeping aware of how one determines the truth in realistic situations; using the right tools for the right situation. An unexpected result of this way of life is that at times it has caused me to stand alone in a crowd, even when surrounded by people who are also Jewish. The truth and one’s dedication to it can sometimes be a lonely place but the benefits of such a stance are well worth it.

It is important note that the point here is not what about one thinks or believes about a particular matter, because both thought and belief are subjective, but instead what one “knows” to be true and can with high level of confidence and certainty establish.[7] This is something substantiated by the Tanakh and the writings of Hazal, such as the comment made by Saadya HaGaon:

“And knowledge has two sides, truth and falsehood, the knowledge of truth is known as a matter that is “from the many is many, the few is few, black is black, white is white, available/established is available/established, and lacking is lacking. Falsehood is known as a matter that is from the many are few, the few are many, black is white, white is black, available/established is lacking, and lacking is available/established.” [8]

In order to unpack these ideas and place them into real word applications, I will detail of number of situations from my life.

 

 

Struggling with the Past – New York

For seven years while living between New Jersey and Manhattan I worked at a high tech company in Pearl River, NY. During my day to day functions the truth of the Torah was an integral part of my interactions with my coworkers both Jewish and non-Jewish. I was not the only Jew working for the company but I was the only Jew who openly wore a kippa and tzitziyot. Further, within a group of about ten Jews out of about 200 non-Jews I was one of three Jews who kept Shabbat and Haggim[9] and I was further the only Jew who kept kosher. Given these facts it didn’t take long for me to become the resident answer man for Judaism and it was due to this status that I came into contact with a coworker who took much interest in discussing life issues with me.

He was a Jew with a Christian name and though that may not be so strange in the U.S. it does speak to some of the inner conflicts and contradictions he had. Over the course of the seven years we worked for the same company I had many conversations with him, many of which addressed whether or not the concept of Hashem was logical or not. Because of my willingness to address any topic without reservation or coercion he felt comfortable enough to let down his guard on many personal topics.

During one of his visits to my lab he told me that he was angry because his wife was forcing him to start preparations for their eight year old son to eventually have a Bar Mitzvah. My coworker was actually perturbed by his wife’s request since in his mind this involved years of financial expense, joining a synagogue – another expense, and personal stress for him. I listened to his complaints and when he was finished I responded in the following way.

“I am sorry to hear about your turmoil but let me ask you one question. Is this your Bar Mitzvah or your son’s? Based on what you described you obviously feel strongly about this but your son is a Jew. Do you really want to possibly face him ten or twenty years from now with him asking you why you didn’t give him a Bar Mitzvah? What if he comes to you and states that all of his friends had Bar Mitzvahs and he wants to know why he didn’t receive one? What happens when you give him your answer and he may be angry with you because you robbed him of an experience of his youth? Are you willing to face the possibility of him telling you that this was his experience and not yours to deny him?”

I told my co-worker that if the expense was the problem that there are a number of options that would cost him either nothing or close to nothing. I even offered that I could talk to people at the local Yemenite synagogue in Manhattan where I prayed because all children under the age of 13 receive the 6th aliyah.[10] As a joke, I even told him to call the local Chabad and tell them he is giving up on all of Judaism unless his son gets a Bar Mitzvah. The joke being that there would shiluchim knocking on his door within minutes to help him for free. I stressed that the important thing is that if we are Jews and if we value our culture and history to deny his son an essential part of the normal modern development would be a sad and shameful thing for a father to do.

After my response my coworker had a silent moment and before leaving he thanked me for my response. A few weeks later he came to me and told me that after speaking with his wife he wanted me to come by their house to help get their son interested in learning Hebrew; to put him on the path of a Bar Mitzvah. I in fact did help teach his son some basic Hebrew after which his daughter proclaimed the she also wanted to learn.

My co-worker eventually opened up even more to be and I began to understand where his anger over thנקe issue of the Bar Mitzvah came from. He explained to me that he grew up in an “extremely secular” Jewish household with a mother who was a scholar and researcher.  What I mean by “extremely secular” is that he once told me that his mother the scholar made it clear that the Torah was utterly and emphatically “wrong.”

My co-worker further explained that he never realized how distant he was from his culture as a Jew until he recently attended a Passover Seder with his wife’s family. His wife’s family were at various stages of the Reform Movement but he said that he felt bad at the seder because he was the only attendant who didn’t know what they were doing. They would sing songs or perform actions as a part of the seder and he was not aware of what to say or do. He explained that during his childhood, while every other Jewish families were doing a seder on Pesah, his mother would sit he and his siblings down to explain how the haggadah was wrong and that there was no Yetziath Mitzrayim (Exodus).

Even with all of that, he was conflicted because he had an appreciation for the importance of being a Jew and he saw the relevance in the existence of the modern state of Israel but no matter how he felt he was always in the shadow of the way he was raised. My words to him were the same as what my grandmother once said to me about the importance of knowing from self-evaluation the truth. His critical decision was to determine and develop his understanding of what is the truth – Torath Mosheh vs. the path that his mother placed him on.

It is interesting to note that I had the opportunity to meet his mother at an art exhibit for his father and upon seeing my kippa and tzitziyoth her first words to me were, “You do know that whole exodus in the Haggada is wrong!” Thus began a classic debate with her stating that she had traveled to Egypt and performed research there finding no sign of any proof of such an event and that the haggada had been invented within the last 2,000 years. I course was not willing to let her statement stand unchallenged since I knew she had not done her researching using Jewish sources written in Hebrew and Aramaic from across the spectrum of the ancient Jewish world. As the argument heated up my coworker stepped in by changing the topic knowing that neither his mother nor I would give ground on the topic.

In 2007, after seven years of work I left that job in order to take on the ultimate challenge of my life - making Aliyah. After moving to Israel I only had a few sporadic contacts with my former co-worker. He left me a short message once on my former blog wishing me luck and thanking me for our interactions. I have no way of knowing what effect I had on him or his family but the truth of the matter is that maybe by being that one Jew out of several to try to walk the path of Torah publically and privately I may have been a part of a shuva process for him or maybe his children.

We Don’t Need the Har HaBayit! – Nachshonim, Israel

Thinking back on my time living in America, it is not hard to imagine situations where a Torah based Jew can feel like a singularity simply due to the lower percentage of Jews to the majority population. It is also a given that the social and professional pressure to be loose on areas of Torah such as Kashrut and Shabbat can be intense even when a handful of Jews are present. In situations where more Torah based Jews are present it isn’t so strange to have someone else who won’t eat with everyone else when business and restaurants excursions take place. In those kind of environments a Jew may feel like less of a minority in a minority but simply like one Jew of several in a non-Jewish environment – just a minority.

By like token, one would expect that it would be a lot easier to not feel isolated with these topics in Israel. We are talking about the modern state with a Jewish majority and a place where supposedly there is more respect for Torah based Jewish values, right? All I have to say is for those who have never spent more than a year here at one time you may be surprised.

I have worked in both hi-tech and in patent law here in Israel, I have also lived in at least 3 different regions of the countries, traveled at least 4 different sectors of the country, and the reality is that there can be situations where Jews who keep Torah are the minority within a secular Jewish majority; after which in contrast to the rest of the Middle East we are thus a minority within a minority.

From my professional experience here in Israel there have been numerous times when secular Israelis have called my kippa “that thing on your head” or my tzitzyoth “that stuff you are wearing.” Of course with Shabbat being an official day where no one is required to work[11] as well as the abundance of “kosher” restaurants Torah in every city; Torah based life is a lot easier to maintain in Israel than outside of it.[12] Yet, there is still the reality that the majority of the Jewish population here does not keep Torah and there are conflicts at times between so called “religious/Hereidi/Daati Leumi” interests and secular interests.

I find myself being in a weird type of middle ground where I don’t feel the need to personally enforce the Torah I hold by on others but at the same time I don’t accept, on any level, encroachment on the standard that I hold dear. At the same time, I have also felt the reach of secular elements of Israeli society which at times does everything it can to distance itself from Torath Mosheh.

I also recognize that the modern state can’t continue as it is and fulfill the prophecies that talk about Yamoth Mashiah, the establishment of an official Sanhedrin in Jerusalem, the rebuilding of the Beit HaMikdash, and the return the exiles to Eretz Yisrael. The truth for me is that something major would have to change in all facets of Israeli governance, life, and thought to facilitate such a complete worldwide social change and thus this is the contradiction of the situation.

This brings me to 2006 when I took part in a volunteer program on two military bases in the Mercaz region of Israel. During my interview process for the program it had been noticed that I wore a kippa, tzitziyoth, and also that I spoke about Torah. I was informed by the person performing the interview to not talk about “religion” when I arrived on the base since it would be frowned upon. I agreed and upon arrival when I entered my room at the barracks and met my room-mates I changed into a uniform while trying to hurry and remove my tallit katan but it was noticed by some of the guys in the room.

By chance after being asked to say the bracha for lighting the candles for Hanukha I became the answer guy since the majority of people in the area didn’t publically wear tzitziyoth. On one occasion I was asked about whether halakha allowed the use of marijuana, on another about male and female relationships, at times why does the Torah say this or that, and on another occasion why I would wake up every day at 04:00 a.m., shower, and head out.

My response to that last question led to interesting situation when I told my roommate that I was heading to the Beith Keneset to pray Shachrit at netz. He asked me, “There is a Beith Keneset here? Where is it?” I described the location to him and then I packed up my things and left. As usual, at that time of the morning there was only two of us praying in the Beit Keneseth but after finishing I noticed my roommate sitting in the back of the Beit Keneset without a tallit and without tefillin. He simple crouched himself over the chair in front of him and prayed. I went to him and asked if he wanted to borrow my tallit and tefillin but he quietly said that that was okay and he continued.

Yet, the highlight of that time was during a conversation with two younger soldiers in a conversation that turned into issues against Arabs. One of them mentioned how he hated Arabs and didn’t trust them for of course obvious and realistic reasons. Yet, before he could go any further the other young man chimed in and asked if we could change the subject because his mother was Jewish and his father was Arab/Muslim.

It was that same young man who turned to me and said he had a question for me. He asked, “You have a kippa and tzitzityoth. Tell me do you believe what the Torah says about the Luchoth HaBrith, the Aron HaQodesh, etc.” I responded, “Yes I do.” He in turned, “If all that stuff is true how come we have never found any of it?” Without pause I responded, “Let me ask you a question. The Har HaBayith (the Temple Mount), is it important or is it not important? Do we need it?” He responded, “No we don’t’ need the Har HaBayth we only need the Kotel.” It was then that I returned with the following statement.

You know it is interesting that you say that because there was a time when for the most part no Jew would have agreed with you. Today you say we don’t need the Har HaBayit, we only need the Kotel, and tomorrow your children will say we don’t need the Kotel we only need Jerusalem outside of the old city. After them your grandchildren will say that we don’t need Jerusalem we only need Tel Aviv. Finally, their children will claim that we don’t need Tel Aviv or Eretz Yisrael at all. You know if that is the case I don’t blame Hashem for hiding things from us because based on what you are telling me we don’t want them.

From there the conversation had to stop since their commanding officer walked in and things had to go back to normal. Yet, the truth of the matter is that maybe it didn’t. In reality, who knows what effect the conversation had on all involved.

Close Encounters, Palestinians vs Israelis – A coffee shop in Jerusalem

Several years ago I had the opportunity to meet with a professor from the United States who was researching how mixed ethnicity is viewed around the world in comparison to the U.S. We met at a coffee shop in Jerusalem and she arrived with a friend whose background I did not know and for most of the initial conversation her friend only listened attentively while taking notes. I explained my perspectives to the professor about how family background, language, and passed down traditional practices plays a major role in how one defines Middle Eastern cultures. I detailed, from my view, how the social affects, parameters, and issues of being mixed in more ancient traditional societies has more far sweeping implications than what exists for the most part in the U.S. for reasons that I spoke at length about.

As an example, I asked the professor’s friend about her family background since she had been quiet during the conversation. She responded to me that I may not want to know her background, to which I expressed no reservations. She identified herself as an American born Palestinian – her parents having been born in the Shomron region and having moved to the U.S. before she was born. I responded that I still had no problem and from there the conversation took a different turn into the realm of politics. She expressed to me that even though she identified with being a Palestinian and she was a very vocal advocate for a Palestinian state, as a secular American Palestinian she was terrified of such a state becoming Islamic and thus being no different than the existing extremist Islamic countries in the region.

I expressed that I could not imagine such a “potential Palestinian state” without some form of Islamic focus as it the only cultural background I have seen any Palestinian attach themselves to. Sure, I have heard some anti-Israel types claim that modern day Palestinians are descendants of Canaanites and the like but I have yet to see any linguistic or cultural practices in their societies that can identified as Canaanite. Further, during the entire time I have lived in Israel and traveled in the Shomron, Gush Etzion, and the Negev I have also never met a an Arab who used this claim.

The young woman had personally never heard of the claim that Palestinians were Canaanites and I explained that the reason was that the claim started as a grasp at straws to make any claim why Jews have no right to be here. Further, I asked her what kind of culture can override the one that currently exists and what common ground does it have the current Israeli one. I could tell by her facial reactions that these were also considerations she had never taken into account and to this point she had no answer.

Her response was to return to the political perspective and she stated that she could not understand why we could not all just live in peace. My retort to her was to ask the obvious questions of, “What exactly is peace, how do you maintain/obtain it on a day to day basis, when was the last time in world history that such a peace was achieved, and why does it not still stand now?” She did not have answers to my questions, and on one some level I think she had never even considered them before. It is also possible that no Jew had ever interacted with her in this way so I continued with the following statement:

“As you can hopefully see that situation is a lot more complicated than what you have considered. Yet, in all honesty I can’t tell you that you don’t have a right to fight for PA State that you or others envision using whatever means you see fit. That would be hypocritical to some degree since I have no divine mandate to dictate what you should dedicate your life to.

I do know that in reality if we Jews can’t maintain ourselves and if we don’t build the society that can withstand claims to the contrary or attacks on our perceived rights to be here then maybe we don’t have a right to be here – using basic rules of survival of the fittest.

Yet, if we can survive all of the claims against us and if we can overcome all those who are against us and if we Israelis can build a society that makes sense, what right does anyone have to oppose the reality as it would stand in that situation?

You though face a different problem; you face the challenges of authentic history and straight forward logic. Historically speaking there has never been an independent and locally elected government which defined itself as “Palestinian” here in this region. If such a nation did exist what was its currency, who were its locally elected officials, what was its local language, what ancient cultural elements can still be seen today, and why is Islam and Christianity the only two religions found being practiced by virtually all Palestinians, even by those who are secular, when these religions are respectfully between 2,000 to 1,400 years old?”

As she considered my questions, I went even further by asking her what her family’s last name is. She responded that it is “Hamdani” to which I asked what was the Hamdani family’s cultural and religion prior to the entrance of Islam in the region from Arabia. She shifted a bit and stated that she didn’t know but a moment later she claimed that more than likely they were a religion-less people. I stated that I didn’t believe that such a people existed here given the fact that we only receive rain during the winter with a delicate eco-system that can be disrupted by either too little or too much rain. That alone may cause any ancient/traditional people to pray to something, even if they didn’t do so on a regular basis.

Lastly, I informed her that Egyptian, Babylonian, Syrian, Greek and Roman accounts describe the local culture for the last few thousand years being Israeli/Jewish and during the 2nd Temple period in the region of Shomron were the Samaritans so “if” the Hamdani family is of local ancestry, and not by import, they must have at one time been Jewish or Samaritan, one of the two. This statement seemed to shock her because it was not a part of the historical picture she had ever considered; if she had every considered one at all. So, seeing an opening I closed our conversation with the following:

What you need to do is go back to your family in the Shomron and ask the oldest members what were the Hamdanis before the entrance of Islam into this region. You may find some answers in that question that may make your future more focused.

You talked about peace. Maybe, just maybe, if we Jews and you so called Palestinians sat down and talked about ancestry and history we may find that we are from the same source, prior to the entrance of Islam in this region. We may find that at one time a number of so called Palestinians had Jewish or Samaritan ancestry – which is something that is already known to be true in a number of towns in the “so called West Bank.” [13] [14]

Yet, if this is the case this means that you and others may have a decision to make. If you find out that prior to the rise of Islam in this region the Hamdanis were either Jewish or Samaritan this may change the focus of what you are looking for on the national level. This may mean that a conflict between us is fruitless and a coexistence based on our common ancestry shouldn’t be a problem. Yet, who is willing to take these kinds of steps? It takes a bravery that some people may not want to take on because of their personal political agendas.

Listen, it is not my intent to sway you in one way or the other but if the two of us can sit here and discuss history and ancestry and do so in a civil manner why can’t those who are our so called leaders? Maybe, if they were to take this approach we could either settle this over coffee or worse, the other thing.

We parted ways that day agreeing to be who we chose to be – whatever that may have meant for her. In truth, I am not sure where her life has taken her since that point but I did sense that she walked away with a different perspective than what she entered the conversation with.

I also know, looking back, that very few people would have approached the conversation the way I did and there was a time in the past when I would have not been so “open” as I was with her. Yet, even if I am alone in how I handled the situation the truth dictates that I hold by it even if it may seem like an uneasy position to take.

Further, as much as I may have been teaching her I was also taught a lesson about the importance of making the truth the source of one’s perceived political stances and how even in the most unexpected places the pursuit of the truth can bring understanding.

Torath Mosheh vs. Unsourced Religionism

As a last consideration, I feel it necessary to discuss the times I have been at odds with my responsibility to the truth as it relates to the people whom I come into contact from the nations on the internet. I mean this in the sense of both non-Jews and even at times Jews who follow what I term as “Unsourced Religionism.”

I define Unsourced Religionism as the practices and customs that one comes up with which do not adhere to any proven historical or logical methodologies. The truth is of course in stark contrast to this method of living and often Unsourced Religionisim is the source of some of the strife found in the world. Whether it be false religious concepts that lead people astray, worthless Atheist vs. Religious debates, or the various forms of fanaticism - the lack of contact with the truth has had devastating effects on human history.

This can be seen in the various cults throughout history that have risen up and convinced both the rational and irrational to throw away their logic and replace it with feel-good brain-washing. There was a time when I would have believed that it was not worth the time to confront the falsehoods of such groups but that changed when I came to know several individuals who had been drawn into religious cults – forcing me to use the truth of the Torah to fight an intellectual war against the falsehoods.

One such incident involves one of several cults that falls under the rubric of the title “Sacred Name Movement.” This movement is made up of former Christians who have come to believe that the more prevalent forms of Christianity are influenced by paganism and that specifically the four letter name of Hashem must be pronounced/uttered in order to have salvation. Though these cults believe that the various forms of historical Christianity practices have pagan origins, they use of the New Testament and their culture involves some type of belief in Jesus being divine although they believe his name originally had the two letter name of Hashem in it.

I recognize full well that debating this type of cult is an activity that most Jews would not engage in; especially given the fact that most Jews have never even heard of them. The time and energy needed to confront these types of falsehoods can take a certain toll on a person’s personal life and often the question may be asked, “is this thing I am doing having any true effect of the world at large?” Yet, even with all the reservations I have had in the past about my involvement in this type of activity I have learned that there are times when not expressing the truth can have a negative effect on the world around us.

With that in mind, I once spent an entire year defending a book review I did against a Sacred Name cult’s supposed translation of the Tanakh due to having personally known several non-Jews who were considering involvement in these cults.[15]

The back story of this situation is that more than a decade ago I came into contact with a non-Jewish friend who had purchased a supposed translation of the Tanakh produced by said cult based on Abiline, TX. I skimmed over the book and noticed that this cult was taking huge liberties with the text with no basis in Tanakh and accurate mesorah. Because the cult used a flashy apocalyptic end of times message and prided itself on revealing things to Christians who were already exploring the so called “Jewish roots of Christianity” I realized that I needed to do something to warn those who may be tricked into joining them.

At a certain point I decided to write a review against the so called translation, spending much time on methodically breaking down how unfaithful this cult’s book was to both the original Hebrew Tanakh and also to the historical mesorah[16] of the text. I ended my review by advising all who were interested in the book to instead spend time trying to learn Hebrew and Aramaic since the people who I knew who were interested in the sacred name cults were searching for the truth but had little or no tools to determine it.

My review garnered numerous positive responses as being helpful, several personal emails requesting help with finding a more accurate translation, and requests for assistance in finding resources to learn Hebrew but it also drew the attention of the cult that created the text. Several of them, and even one of them that someone informed me was most likely the cult’s leader, wrote nasty messages to me in the comments section. I wasted no time in responding to their false accusations and claims by using both textual and historical proof to make my points. As the back and forth continued the cult members resorted to name calling and condemnations of hellfire against me and anyone who favored my review. The language they used and their refusal to prove the accuracy of their work, by providing the source text they supposedly translated from, caused a number of parties who were originally interested in their text to abandon their interest while thanking me from preventing them from wasting their money and time.

As the cult’s members descended into even more non-sense with their responses, such as calling me a Catholic at one point, the next calling me a Pharisee, and later a Saducee, the site that the review was found on started deleting the cult member’s comments since they had received so many marks as being useless in the review process of the book. As more and more potential victims of the cult began to see that joining said cult would have been a waste of time I was reminded of the Rambam’s comment in his responsa concerning teaching Torah to Christians.[17]

Yet, even with this victory there is another side of this issue and that is when I have had to do mental battle with missionary/messianic cults and organizations. Most of them are evangelical types but in one case I was approached by an Islamic organization that focuses on trying to convince Jews to convert to Islam. In the case of the latter I was engaged in a two month back and forth with a member of said Islamic organization concerning what they claimed were inaccuracies in Judaism that are only understood correctly in Islam. Having had a background in Islamic studies, I knew the claims and was able to counter them in an honest and respectful manner. I had to do so though remembering that though the truth can break through any argument the Rambam advised in one of his responses against teaching Torah to Muslims since they could in turn use that information against us.[18]

The Truth: For What It’s Worth

Whether it is being responding to falsehoods on the internet or defending the truth of Torath Mosheh against falsehood the question at times may be – what is the benefit? For what reason would a person need to interact in this way with these types of people? The answer to me comes in two forms – one for Am Yisrael and the second for all of humanity. In several instances through my responses I was able to convince missionaries to become Noachides and in a couple of instances those who debated with me became interested in becoming Jewish. Even in situations where neither of these outcomes happen I feel that I have a responsibility as a Jew to stand for the truth when possible for the sake of being an active participant in Tikun HaOlam. Further, I know of situations where Jews have been lost to Torah completely simply because no one in their immediate area stood up for the truth in a strong, public, and dignified way. To this point, I was once pleased to come across a video of a famous Kiruv rabbi here in Israel who was asked by a secular young man why should a person who is good and doesn’t do anything to hurt people make teshuva to the Torah. The rabbi calmly but boldly declared, “There is no reason except for the sake of the Truth.”

[The deception is so great] that even the best of the chasidim [faithful] among our men [scholars] of Torah, think that they are true but forbidden because the Torah forbids them. They do not realize that they are nonsensical false things that the Torah warned against, just as it warned us against [believing in] falsehoods.[19]

In Closing

Years ago I would never imagined that my grandmother’s words would have the type of effect they have had on me for all of these years. I could not have imagined the path her words would have set me on or the completeness it brought me. She passed away before I could thank her but in a small way she may have known the result. The last time I saw her, before she passed away in 2002, she stated that there were things that she told me that she never told anyone else because when my father passed away she knew that I needed something more than everyone else.

When I open my eyes and take a look around I see that there are numerous others who are also seeking to have a love affair with the truth that Hashem has placed upon us. No matter how isolated I may feel at times I must remember to look to the hills where there are others waving the banner of truth; lighting the fires of Torah to draw the attention of any willing to observe. In reality, a life dedicated to truth has a way of changing the world whether it be in passive observance or active participation.

That when judgement is made of truth it is the truth that establishes the world. It brings peace to the world. Thus Hazal teach in the Misnhah on three things the world is established, on the judgment, on the truth, and the peace. The three of them are spoken of in the pasuk (Zecharyah 5) “Truth and justice of peace you will judge your gates.” Because when judgement is done/established, the truth is done/established. And because when the truth is done the peace is done/established. [20]

Thus, I must close with saying that the truth no matter where it places a person has a way of making them jump for joy when they know they have it. The truth has a way of turning sadness to content. It can make conflict into compromise and it has the ability to empower the lonely.

With this constant wrestling with truth of the Torah we in turn fulfill the prophecy that one day Hashem would cause us to become a light to the nations because as the prophets tell us, “ten men from the nations will grab the garment corner of a Jew and state: We have received falsehoods from our fathers. Take us with you because we have heard that Hashem is with you.”[21]   

“Tzedeq, tzedeq [Correctness, correctness][22], pursue; on account you will inherit the land which Hashem your Elokim is giving to you.” (Devarim 16:20)

 

 

 

[23]

 

[1] Guide to the Perplexed, Book 1 – Chapter 2, Rambam

[2] Shemot 20:1-22, Devarim 4:32-36

[3]  Historical Questions and Facts, 2004, 2006, 2011 by Dr. Jim Jones of West Chester University – "A historical fact is an ordinary fact with some additional information. According to the Webster's Encyclopedic Dictionary (Franklin J. Meine, editor, Chicago: Columbia Educational Books Inc., 1940, page 270), a fact is "anything done or that comes to pass; an act; a deed; an effect produced or achieved; an event; reality; truth; a true statement." To make this kind of fact "historical," you must include the time, place, act, and the protagonist--usually human--who performed the act. A historical fact also has a source from which all of the other parts of the fact are derived."

[4] Also see A Convergence of Evidence: The Key to Historical Proof, Skeptic Magazine, Nikzor Project, 1991-2012

[5] Most people normally state, “what I believe” but instead I state “what I hold by.” For me, belief is objective and there are some things that know and are in any connected to what I believe. They are things that I have taken time to establish as the reality/truth of the moment until, or unless, I am proven otherwise.

[6] The Lonely Man of Faith, Rav Yosef Soloveitchik, Chapter 8, pp.84-85

[7] See Yeshayahu 8:20 where truth is determined by two factors Torah and a Teudah or identifying custom, tradition, or revelation.

[8] Emunath and Daot, Rabbi Saadya HaGaon, introduction page 12, translation from Arabic to Hebrew by Rabbi Yoseph Qafah, published by Mechon Mosheh.

[9] Meaning that the other two would not work on Shabbat and Haggim. The others would at times. Several of them even worked on Yom Kippor.

[10] In Yemenite Jewish communities when someone is called to the Torah for an Aliyah reads for themselves. Children under the age of 13 are given either 5th or the 6th Aliyah in order to prepare them and get them used to reading. Most children may be given 3 or 4 pasukim but more able children can read and entire Aliyah for themselves.

[11] Outside of certain professions involving safety and protection of life such as military, police, and hospitals.

[12] See my article, Top Model, Choices, and Shabbat, on the Institute of Jewish Ideas and Ideals web-site on a situation where when living in the states I was challenged at work concerning observance of Shabbat.

[13] “Palestinians of Jewish Origin higher resolution,” Tzvi Misinai, https://youtu.be/IQCr7GaVMWA

[14] “Do The Palestinians Have Jewish Roots,” Shavei Israel, https://shavei.org/palestinians-jewish-roots/

[15] Like most cults this group encouraged those interested in their work to join them at their compound and separate themselves from their family and their lifestyles.

[16] The trustworthy transmission of the text and its meanings.

[17] Rambam, Responsa 149

[18] Ibed.

[19] Rambam’s Commentary on the Mishnah: Avodah Zara 4:7

[20] Menorath HaMeor, Rav Yitzhaq, Page 414, Pereq 222

[21] A combination of the prophecies of Yirmeyahu 16:19 and Zecharyah 8:23

[22] This translation is based on Rabbi Samson Hirch’s commentary on Torah. The meaning given is “justice; universal truth.” See Etymological Dictionary of Biblical Herbew, Based on the Commentaries of Samson Raphael Hirch, by Matityahu Clark, Feldheim Publishers, Jerusalem-New York, page 213

Judaism: An Incubator for Creativity

 

 

The current world is one of information-overload and hyper-stimulation. In this increasingly changing and competitive world, the stakes are high. Being creative gives you the competitive advantage. The fastest and best innovators thrive and survive, and creativity is the key factor. In this article, I propose and will provide support for the argument that Jews historically have been highly creative, and that they are currently very creative in many endeavors.

Jews are creative and use their creativity to innovate and improve the world. The title of this journal is “Conversations,” discussions among people. The concept of conversation is an example of Jewish creative dialogue and learning. This article will examine how the practice of Judaism leads to high-order thinking and creativity. I will discuss the roles of prayer, Jewish education, and self-examination, as tools to become a better and more creative person. The final section of this article provides methods the reader can use to enhance creativity. Each person reading this article probably uses these methods to some degree already; but by articulating the strategies, readers can consciously apply them and enhance their work and personal lives.

 

Jews Beat the Odds in Terms of Achievement

 

I nostalgically recall the 1960s when I attended University of California at Berkeley. It was the end of my senior year, and I was having coffee with two Jewish friends with whom I had grown up. In fact, we three students were the only Jews in our public school class in Sacramento, California. We lived in the Jewish part of town and went to Hebrew School together. In those days Sacramento was a relatively small town, and the Jewish population was small as well. What are the odds of three students getting into and succeeding at one of the most challenging Universities in the United States? In Berkeley they do that thing with freshmen: “Look to the student on your left, and now look to your student on the right. Only one of you will graduate.” Fifty percent of freshman students flunked out before their junior year, and only about one-third of entering freshman graduated. Jews were only about 3 percent of the population of California, yet they far exceeded that percentage at UC Berkeley.

The 1960s was a time of change, and Berkeley students were leading this change. Jewish students were major players in the student movements. These movements were driven by social concerns such as free speech, antiwar efforts, equal rights, and unionization of farm workers. The leaders of the student movement as well as the student activists had vision and determination. They wanted a better world, and they would work toward changing the status quo to make a world that was as fair and just as possible. They were practicing Tikkun Olam. Many of the leaders of these student groups were Jewish, including Abbie Hoffman, Jerry Rubin, and Bettina Aptheker.1

What was true in the 1960s and throughout Jewish history is still true today. Jews are creative and take the lead. Currently Israel, where Jews flourish and prosper, offers so many examples of creativity. Most significantly, Israel is a world leader in the high-tech industry, medicine, and military technology. This little country is in a very dangerous part of the world and has few natural resources. Yet this small Jewish country soars in the marketplace of the world.

The list of Jews and creativity would consume a complete article in itself. Therefore, I am going to choose just a few examples that illustrate Jews and creativity.

Military. In terms of military technology, Israel has developed the Iron Dome and the Eitan. The Iron Dome can intercept short range rockets, and the Eitan is a drone spy plane.

Medical. As for medical technology, my husband and I just benefited from Israel’s innovative and technologically advanced medical services. We were in Hashmona'im, a small Yishuv in the middle of the country. My husband went to the Urgent Care Center in Modiin, which uses the most current technology and Telehealth system.

High Tech. As for the high-tech industry, many of the major international high-tech companies have located in Israel because of the well-educated, highly competent, and intelligent workforce. For overall brain power, just look at the number of Jewish Nobel Prize winners for examples of Jewish outstanding achievement. The Jews have produced many great thinkers and world changers.

Jews can generate creative concepts, and translate them effectively into economic gain and professional achievements. They succeed in the current global market because they are able to produce a high rate of questions and ideas, they have the ability to overcome obstacles, and they have skill set to translate those ideas into marketable products that solve real-world problems. Creativity drives the engine in many areas such as the arts, writing, music as well as business and commerce to mention only a few spheres of interest. Personally, I have found that parenting and family matters benefit from creative thinking.

Jews are economic catalysts not only of the current millennia but throughout the ages. There are many examples where Jews have been invited into countries and usher in an economic Golden Age. When Jews are expelled, the country’s economy goes from boom to bust. Many times the Jews are invited back. Currently, Harbin, China is trying to attract Jews in hopes of regaining economic prosperity for their city. In the early 1900s, Jews were invited to come to Harbin. Jews came and with the Jews came economic prosperity. The Jews were forced to leave in the 1950s, and Harbin has experienced economic decline.2

Why are Jews high achievers and leaders? Lama lo! or in English, why not!

 

How Practicing Judaism Enhances Creative Thinking

 

The skill sets and brain power that Jews develop by practicing Judaism can be generalized to achievement in scientific, intellectual, artistic, and business scopes of practice. One of my professors at Teachers College, Columbia, Mel Alexanberg, described the shared cultural underpinnings of Jewish life as Jewish metacognition.3 Jews are exposed to a shared intellectual and value system, which are Torah and Talmud.

Jews have a dialogue with God. It is through speaking to God and debating God’s response that a moral, ethical, and survival system was and continues to be developed. Jews are the “People of the Book.” Books are words and words are symbols. Words have meanings, various meanings. Study Judaism and you are exploring multidimensional symbolic concepts. This includes multiples levels of ideas and information. There is thinking, exploring, and conceptualizing in an ever-evolving interaction of ideas and points of fact. Through this process, Jews developed a highly sophisticated strategy that involves complex reasoning.

Jewish education emphasizes asking questions, learning more, and then refining concepts and ideas. Jewish learning trains techniques in acquiring information, integrating the information, and generating new and innovative thought or concepts. Jews continue to refine their ideas by constructing new interpretations and theories. This is a continual process where existing information and theories inform emerging concepts.4

Throughout the centuries, yeshivot and synagogues have been centers where Jews immerse themselves in complicated interactive information systems and challenge the construction of these information systems, accessing their higher-order thinking. Jews are driven with a passion to question and then seek answers through studying the Torah.

Rabbi Marc Angel has often pointed out that “The Torah is an inexhaustible source of wisdom.”5 The fundamental basis of talmudic discourse is to question. Each Jew is free to develop his or her own unique multilevel information storage base, skill and mental proficiency to recall symbolic code, and apply and use that information. Each Jew develops innovative conceptual schema, and eventually, new realities. Jews are trained to suspend judgment and live with ambiguity as they think through their ideas and concepts. As time progresses, the examination of text and communicating with God through prayer establishes an ever-evolving value system. In my dissertation, I examined creativity in the Hassidic community in terms of an individual in interactions with mental stimulation, and related this interaction to creative productivity. I was able to document notable creativity in the Hassidic community.6

Jewish creative abilities skill sets learned through Judaism can be used in other areas of work. That is why Jewish scholars have soared in many business, academic, and artistic disciplines. Jews are exercising and building their mental capacity through studying Torah. Jews ask questions and wonder why. Jews construct complex mental systems which are reciprocal exchanges between the individual in interaction with environmental stimulation to solve real-world problems.

The next section describes strategies for enhancing creativity. These techniques are taught in traditional Jewish education.

 

Jewish Techniques for Enhancing Creativity

 

Immerse yourself . Jews immerse themselves in study. They ask questions. Succeeding in any intellectual frontier requires immersing yourself.

 

Throw yourself into your  work. Learn as much as possible. Always question. Access the most current information. Acquire as vast a body of facts and opinions that you can. All that you are learning is fascinating. At times you can feel overwhelmed with all the information. Learn to live with ambiguity. The process of generating order out of all the information leads to innovation. You know that you have immersed yourself in the problem when you are engrossed and totally consumed by the question.

 

Be passionate. Jews historically have been passionate and committed to their religion, to understanding God’s message. The world is fraught with many problems and difficulties. God asks that meaning be sought after through study of Torah and Talmud. Being passionate and intently committed to seeking meaning and truth in life can be applied to any other areas of study.

 

Take on the study of a topic that is compelling to you. You have strong and intense feelings. The topic cries out to you, and all kinds of question soar in your head as you seek a deeper understanding. There is a problem that can be solved, or just another step can be taken in solving a problem. You know that you are passionate when your mind drifts to the question, concept, problem, uncertainty, or difficulty. You are on a quest and feel a sense of being driven to learn more and more. You are on unconventional ground. You do not know the answers, and there is a thrill to the work. There are more questions than answers.

 

Attach yourself to a community. Jews build communities, and live and work together. Jews develop support systems and rules and principles which enhance their lives. Jews are always engaged in vibrant groups to learn and reexamine the religious texts. Each person sustains and builds their conceptual understanding by examining multiple and often contradictory concepts from others in the group, from revered wisdom of our sages, and from current thinkers. Jews are life-long learners; and when applied to other disciplines, leads to creativity in those disciplines.

 

Surround yourself with amazing people. Examine the work of people you admire, and have them review your work. Build your conceptual framework on the shoulders of giants in your area of study. Do not be afraid to hold contradictory theories in your brain at the same time. You know that you are part of a community of amazing people when these people stimulate your thinking. These amazing people have ideas and information that is helping you move your concept forward. When you are with these people in discussions, you feel your creative juices flow. These people do not have to agree with you. If fact, it is far more important that they challenge your thinking than rubber stamp your theory.

Often people are considered successful when they reinforce the status quo in their field. They do not challenge the accepted conceptia. Do not mistake success, such as fame and fortune, for innovation. Most of the time and most people doing creative work have a unique vision. This puts creative people outside the mainstream. Being outside the mainstream can be difficult. Do not measure your work in terms a yardstick from the mainstream. Rather, evaluate your work in terms of the amazing people that you have surrounded yourself with, and measure your success by accomplishing your goals. The best of all possible worlds is to have the support of amazing people, accomplish your goals, and become rich and famous.

 

Use your mind’s eye. Jews pray as part of their life. When Jews are praying, they are also imagining and envisioning. The Jewish experience is thinking of what I am now and what I can become, as I strive to be a better person in the image of God. Most significantly, Jews are seeking clarification and testing themselves as to the progress that they are making towards becoming a better person according to God’s guidance. Using your “mind’s eye” is necessary for novel ideas and innovative solutions.

You want to envision and imagine; and to do this, you use your mind’s eye. This well-honed skill is transferable to the development of innovative products and marketing. It is a process of taking complex situations and making sense out of them. Essentially, you are using your imagination to see the whole problem and the end resolution to the problem. Once you are able to envision, the abstract problem can be broken down into steps. Each mini-step resonates throughout the complex problem and has an impact. When using your mind’s eye, you can match the impact of the mini-step to the goal of solving the problem. You know that you are using your mind’s eye when each mini-step moves you closer to a solution to your problem. Or on careful examination, the mini-step created obstacles to your solving your problem. Every mistake or misdirection offers you the opportunity to rethink the problem and redesign your next step. It provides you with fuller information, more questions, and guides you on your next step. Each mistake is a gift.

 

Be aware/be in the moment. Praying is a conscious experience that makes actions intentional. When praying with intention, you are in the moment. Kavanah is praying with intention and being aware. You will be more creative in your work when you are aware, present, and in the moment. You should be consciously aware and use the information that you have to produce a clearer understanding of the concept that you are studying. You should be alert and have your mental faculties at their peak performance. All your actions are deliberate and cognizant. All the information that you have gathered facilitates your knowing as much information as possible. Your mind is aroused. It is a dynamic process. You are interacting with the information and using the feedback to refine your thinking. You are in the moment.

 

Be resilient. Jewish people have had to struggle to survive. They have had to be better than the average guy. Often they have had obstacles that would overwhelm others. Throughout history Jews have experienced misfortune and have recovered and persisted. Jews do not have a choice whether to be resilient. If they are not resilient, they will be destroyed. For periods of time, Jews have been relatively successful in many countries, which are known as Golden Ages. Then crash, the world comes down around them. Jewish history teaches a series of punishing events. Jews have a long memory of all the calamities, yet they pick themselves up and rebuild their lives. I have heard Jewish holidays described as a narrative: they tried to kill us, we won, and now let’s eat. In the face of overwhelming obstacles and repeated failures, the resilient people go forward and possibly achieve their goals. The choice is be resilient and possibly succeed, or give up and assure failure.

Resiliency is recovering from disappointment and managing frustration. Each failure provides the opportunity to recover and keep going. When treading on new ground, you may come to dead ends. Your strength to bounce back will help you keep going even when you are discouraged. Your will know that you are resilient when you are completely defeated, when you blunder and achieve disaster. Yet each obstacle only makes you more determined. You go back for a deeper understanding of what happened, and what went wrong. Despite the setbacks, you try something different. You are imagining a possible different outcome. If you experience only success, then you are not challenging yourself.

 

Conclusion

 

Again, I am brought back to the day I sat with my Jewish childhood friends having coffee in Berkeley 1968. Was it by chance that we all succeeded? No, it was not by chance because the Jewish rate of success challenges the probability it was simply by chance. Was it the Jewish education at Hebrew School, or living in a Jewish community, praying, Jewish family values, or our connection to our synagogue? The answer is all of the above and a resounding yes to the great achievements of the Jewish People. There is a shared metacognition. Jewish metacognition is a shared set of symbols, values, and thinking strategies, that trains creativity.

Take a moment. How has your practice of Judaism enhanced your creativity? In terms of the Jewish concept of always trying to improve yourself, what strategies can you use to be more creative? How does your experience with Jewish thought and creativity help you contribute to improving the world?

 

Notes

 

1. Mendes, P., ‘“We are all German Jews”: Exploring the Prominence of Jews in the New Left’,    Melilah 2009/3.

2. Hadassah Magazine February/March 2011, pp. 40-48.

3. Conversations with Mel Alexanberg. He was my dissertation advisor in the late 1970s.

4. Miran, MD, Miran E., & Chen, N., DESIGN OF LIVING SYSTEMS IN THE INFORMATION  AGE: Brain, Creativity and the Environment. Eds. Joseph Seckbach ORIGIN(S) OF DESIGN IN  NATURE: A Fresh, Interdisciplinary Look at How Design Emerges in Complex Systems,  Life [ODIN] volume to be published.

5. Angel, M. Angel for Shabbat, Institute for Jewish Ideas and Ideals, USA, 2010.

6. Miran, E. The Ecology of Creativity. Dissertation. Teachers College, Columbia,

Reflections on Halakha and Piety

 

Amazingly, Jews have flourished for nearly

two thousand years in many different lands without having a

central authoritative institution of halakha. In spite of differences of custom

and emphasis which have arisen among different groups of

Jews, the essential unity of halakha was preserved. To this

day, every Jew who adheres to halakha shares in a truly

remarkable historic, religious, sociological, spiritual and national

enterprise.

 

Some individuals have called for

the establishment of a new Sanhedrin in our times. They

would like a revival of a central halakhic authority for the

Jewish people. The Sanhedrin would not only provide unity

in halakha, but would re-institute the original methodology

of the oral law--interpreting the Torah itself, applying the

law to life with the freedom to overrule precedents and previous

decisions.

 

One of those calling for a Sanhedrin was the Sephardic

Chief Rabbi of Israel, Rabbi BenzionUziel (1880-1953). In a

speech delivered on 12 Kislev 5697, he called for an authoritative

rabbinic body along the lines of the Great Court of

Jerusalem.[1]  He viewed this effort as a continuation of the

work of Rabbi Yohanan ben Zaccai, who had been instrumental

in establishing a quasi-Sanhedrin in Yavneh following the

destruction of Jerusalem by the Romans.

 

Rabbi Uziel believed it was the responsibility of the

rabbinate to work to achieve this goal. Rabbis are delegated

the responsibility of establishing mishpat, justice. This refers

not only to cases between contending individuals, but also to

public issues, questions of taxation and communal needs. By

working for a Sanhedrin, the rabbis will be working for a

unifying force in Jewish life. Rabbi Uziel argued that one who

simply knew how to rule on what is permitted and what is

forbidden ,or on who is guilty and who is innocent is not in the category of being a posek, a decisor

of halakha. This person is known as a talmid or talmid hakham,

 a student or a wise student. To be a posek, however,

involves having the power of the Great Court. Only the Sanhedrin

can serve as a real posek. "The responsibility of the

Sanhedrin was to clarify and distinguish between true interpretations

(which are true to the spirit of the Torah) and

casuistic interpretations (which are erroneous). "[2]

 

Rabbi Uziel writes that the posek draws conclusions

from the Torah and the words of the prophets, as well as from

the traditional oral law. "The posek in Israel is not bound by

precedents of the posek who precedes him. If he was,

this would lead to great damage, in that an accidental error

would be fixed as a permanent halakha even though it was

erroneous in its foundation. In order to avoid this harmful

eventuality, the authority of the Great Court was restricted

only to the time in which it sits on the chair of judgment. But

the decisions of the Great Court are not established as law and

do not obligate the judges who will come after them to judge

and to teach like them. "[3]

 

Rabbi Uziel was deeply impressed by the work of Moses

Maimonides and believed that he deserved the title posek.

Maimonides worked to make the laws of the Torah known to

the general public. In his comprehensive code of Jewish law,

Maimonides recorded the halakha anonymously, to signify

that it represents a consensus, not just the opinion of individuals.

He not only gathered his material from all rabbinic

literature, but he also derived benefit from the teachings of

non-Jewish thinkers. "In this matter, by the way, Maimonides

has informed us that in halakhic decisions one must

comprehend all things on the basis of their content and truth,

and not on the authority of their authors alone. Maimonides

taught a great principle: Accept the truth from those who

have stated it. "[4]

 

In order to restore a central authority for halakha, Rabbi

Uziel urged: "Let us arise and establish the Great Court in

Jerusalem not in order to judge cases of fines, or capital

cases and not in order to permit the firstborn because of its

blemish. Rather, let us do so in order to solve the questions of

life which confront us each day in our settlements and in our

world, and in order to create a beginning for our destined

redemption: 'And I will return your judges as in the beginning

and your advisers as formerly; for out of Zion will the

Torah proceed and the word of God ·from Jerusalem.' ''[5]

 

Until a Great Court is re-established in Jerusalem, the

halakha is taught by leading rabbinical sages who draw on

the vast rabbinic literature which has developed over the past

several thousand years. There are variations of opinion on

details of halakha; different sages rule differently: yet, the

halakhic process continues to provide the framework for

religious Jewish life. In order for a sage to be recognized as

authoritative, he must not only have great erudition; he must

not only be personally observant of halakha; he must also be

fully faithful to the idea that halakha is the expression of the

will of God to the Jewish people. Halakha, therefore, must

be taken seriously on its own terms.

 

A Sephardic Approach To Halakhah[6]

 

Without a Great Court in Jerusalem, it was only natural

that different approaches to halakha developed among various

Jewish communities during the past nearly two thousand

years. Customs and practices varied from place to place and

from time to time. Attitudes towards halakhic study also

differed. Certainly, the basic assumptions of the divinity of

the Torah and the authority of halakha were accepted: but

differences in style definitely did exist among religious Jewish

communities throughout the ages.

 

Two major streams of Jewish tradition are the Ashkenazic

and the Sepahardic. Ashkenazim (Ashkenaz means Germany

in Hebrew) primarily lived in Europe. In the Middle

Ages they were concentrated in France, Germany and Italy;

gradually, the centers of Ashkenazic Jewry shifted to Poland,

Russia and Eastern Europe in general. The common feature of

these communities is that they existed in Christian countries.

They were included within the orbit of Western civilization.

The Westernization of these communities was intensified

during the eighteenth and nineteenth centuries, when

European Jews were gaining rights of citizenship in the countries

in which they lived. The doors of Western civilization

opened to them as never before. Jews studied in European

universities; and they advanced in professional, cultural and political

life. Their struggles for civil rights were painful and not fully

successful. Anti-Jewish attitudes and actual violence against

Jews ultimately led many Ashkenazim to migrate to Israel,

the United States and other safe havens. The Nazi holocaust

during World War II decimated European Jewry, most of

which was of Ashkenazic background. Yet, Ashkenazic

Jewry today represents a large majority of world Jewry.

 

Ashkenazic numerical dominance has been matched by

its cultural hegemony as well. Certainly, for the past three

centuries and more, Ashkenazic rabbis have dominated halakha;

Ashkenazic thinkers have dominated Jewish philosophy;

Ashkenazic writers and artists have dominated Jewish

cultural life.

 

The Sephardic Jews (Sepharad refers to Spain in Hebrew)

enjoyed their period of dominance during the centuries

prior to the expulsion of Jews from Spain in 1492. The contributions

of Sephardim to all areas of Jewish scholarship and

thought as well as to science, medicine, and mathematics

were impressive, unequalled in the Jewish world. Even during

the century following the expulsion, Sephardic Jewry

maintained a dynamic spiritual and cultural life which influenced

world Jewry.

 

The considerable majority of Sephardim who left the

Iberian Peninsula settled in Muslim countries. Although Sephardim

also went to Italy, Holland. France and other Western

European locations, the much greater number flourished

in non-Western environments. The Ottoman Empire provided

haven for Sephardic refugees. Sephardic communities

developed throughout Turkey, the Balkan countries, the

Middle East and North Africa. Their experience was different

in many ways from that of the Ashkenazim of Europe. Indeed,

the two groups of Jews--those of Christian Europe and those

of the Muslim domains--lived in relative isolation from one another.

 

Although it is difficult to generalize about differences in

the realm of halakha, it may be argued that there were

different trends of halakhic thinking among the two groups,

just as there were differences in world views in general. It is

of interest to explore the Sephardic approach to halakha

since it may serve as an anodyne to the prevailing Ashkenazic

approach. Since Sephardim lived among non-Western

people, their perceptions and attitudes about Judaism may

serve as a counter-balance to the preponderant Westernization

of Judaism.

 

A people's attitudes are often conveyed through their

words and actions when they are not self-conscious about

being observed. They are implied in proverbs and songs, in

the way people dress, in their gestures, in the way they

express themselves. In order to comprehend a Sephardic

approach to halakha, one must attempt to grasp the undocumented,

non-explicit elements of Sephardic culture--elements

which are known from sharing a people's mentality.

.

One element which needs to be considered is joie de

vivre. While Sephardim living in Muslim lands over the past

centuries were generally quite observant of halakha,

their observance did not lead them to become somber or

overly serious. Pious Sephardim sang Judeo-Spanish love

ballads and drinking songs at family celebrations in a natural

way, without self-consciousness. Singing in a lighthearted

spirit, even at public gatherings, did not strike them as being

irreverent. Rather, the pleasures and aesthetics of this world

were viewed in a positive light.

 

Sephardic holiday celebrations and life cycle observances,

for example, were characterized by the preparation of

elaborate delicacies to eat, the singing of songs, and a general

spirit of gaiety and hospitality. Sephardim appreciated colorful

fabrics, fine embroidery, excellent craftsmanship in metals.

On every happy occasion there was bound to be the

fragrance of rose water, herbs, fresh fruits. All of these accoutrements--

song, food, fragrances, decorative materials--gave

the specific religious observance its distinctive quality.

These things were not peripheral to halakha, but gave

halakha its proper context: a context of love, happiness.

optimism.

 

This spirit carried itself even to the serious season of the

High Holy Days, when self-scrutiny and repentance were

expected. The travel account of Rabbi Simhah ben Joshua of

Zalozhtsy (1711-1768) sheds interesting light on this fact.[7]

He travelled to the Holy Land with a group of ascetic Hassidim

in1764, and the majority of his Jewish co-passengers

on the ship were Sephardim. The rabbi noted that "the Sephardim

awoke before daybreak to say penitential prayers in

a congregation as is their custom in the month of Elul." He

then added: "During the day they eat and rejoice and are

happy at heart." For Rabbi Simhah, this behavior may have seemed

paradoxical: but the Sephardim themselves did not even

realize that their behavior was in any way noteworthy. Their

unstated assumption was that eating, rejoicing and being

happy of heart were not in conflict with piety, even in the

serious season of penitential prayers.

 

Alan Watts has pointed out that in Western thought the

individual is "split." He is both himself and an observer of

himself. Western culture teaches us to analyze ourselves, to

see ourselves as though we are somehow outside of ourselves.

We are both subjects and objects. Carried to an extreme,

this way of viewing ourselves can be confusing and guilt inducing. It is as though we live our lives while seeing ourselves in a mirror. We are apt to become overly self-conscious, self-critical, and self-centered. Eastern culture, on the other hand, tends to be more holistic, less self-analytic.

People are taught to live naturally and easily, without objectifying

themselves overly much.

 

Watts has written: "The most spiritual people are the

most human. They are natural and easy in manner: they give

themselves no airs; they interest themselves in ordinary

every day matters and are not forever talking and thinking

about religion. For them there is no difference between spirituality

and usual life , and to their awakened insight the lives

of the most humdrum and earth-bound people are as much in

harmony with the infinite as their own."[8]

 

The Sephardim tended to have the Eastern, rather than

the Western, attitude on life. The halakha was observed

naturally and easily, as a vital part of life. Andre Chouraqui,

in his study of North African Jewry, has noted that the Jews of

the Maghreb were quite observant of halakha, yet  "the

Judaism of the most conservative of the Maghreb's Jews was

marked by a flexibility, a hospitality, a tolerance . .. " The

Jews of North Africa had a "touching generosity of spirit and

a profound respect for meditation."[9] These comments are

equally applicable to Sephardim throughout the Mediterranean

area.

 

These qualities were placed into halakhic terms by Rabbi

Hayyim Yosef David Azulai ( 1724-1806), one of the leading

Rabbinic figures of his time. He wrote that in matters of

halakha, Sephardic sages clung to the quality of hesed,

kindness, and tended to be lenient. Ashkenazim manifested

the quality of gevurah, heroism, and therefore tended to be

strict. Rabbi Azulai's statement--regardless of its objective truth--is

a profound indication of his own self-image. He and nu-

merous other Sephardic rabbis saw themselves as agents of

hesed. This self-image could not but influence the manner in

which they dealt with questions of halakha.  Hesed was not

merely a pleasant idea but a working principle.

 

 H. J. Zimmels, in his book Ashkenazim and Sephardim,

indicates that as a general rule Sephardim were more

lenient than Ashkenazim in their halakhic rulings.[10] He

suggests that the Ashkenazic inclination to stringency was

largely the result of centuries of persecution suffered by

German Jewry. It also stemmed from the doctrines of the

German Hassidim of the 12th and 13th centuries, who emphasized

strictness in religious observance. Groups of Ashkenazic

Jews imposed upon themselves greater stringencies

than the law demanded and, in time, many of these observances

became normative.

 

Rabbi Benzion Uziel offered an insight into the differences

between Sephardic and Ashkenazic sages. Sephardic

rabbis felt powerful enough in their opinion and authority to

annul customs which were not based on halakhic foundations.

In contrast, Ashkenazic rabbis tended to strengthen

customs and sought support for them even if they seemed

strange or without halakhic basis. The rabbis of France and

Germany had a negative opinion of the rabbis of Spain, feeling

that the Sephardic sages were too independent and irreverent

to tradition. On the other hand, the Sephardim felt

that their method was correct and were quite proud of promoting

it.[11]

 

Sephardic tradition stressed the idea that the halakha is

a practical guide to behavior. It is not a metaphysical system

set aside for an intellectual elite. On the contrary, each person

was entitled and obligated to understand what the halakha

requires. It is not surprising, therefore, that the classic codes

of Jewish law were produced in Sephardic communities.

Sephardic scholars studied texts with the goal of applying

them directly to actual situations: therefore, they had to

remain sensitive to the needs of people. This very sensitivity

helped maintain the quality of hesed in halakha.

 

When halakha is studied as an intellectual system divorced

from actual life situations, it may follow the dictates

of logic and intricate reasoning rather than the dictates of

human kindness. A legal conclusion might be reached in the

abstract and then be applied to human conditions as a derrick

operation from above. This approach is contrary to the overall

spirit of Sephardic halakhic thought.

 

Although it is incumbent upon each Jew to study Torah

and halakha, difficult questions and disputes cannot always

be solved by the individuals involved. Thus, over the past

centuries, Sephardic communities normally appointed a

chief rabbi, often referred to as haham, sage. He had the

final word in matters of halakha for his community. The

institution of haham  provided the Jews with a recognized

authority who could resolve their questions. When the Sephardim

of the Island of Rhodes wanted to appoint a chief

rabbi in the early 17th century, for example, they agreed that no one had

the right to contest the haham's rulings. "All which he will

decide will be correct and acceptable as the law which was

determined by the Court of Rabban Gamliel. . .. All which he

will decide ... will be correct and acceptable as a law of

God's Torah as it was given at Sinai."[12]

 

The Jews of Rhodes linked their haham's authority to

that of the powerful court of Rabban Gamliel and to the Torah

itself. Other Sephardic communities did likewise. This was a

way of restoring, at least on a communal level, the original

function of the Great Court in Jerusalem which, according to

Maimonides, was the essential institution of the halakha.

 

Rabbi Joseph Taitasak (16th century, Salonika) expressed

this idea clearly: "Know that each and every community has

authority over its members, for every community may legislate

in its city just as the Great Court could legislate for all

Israel."[13]

 

Law and Life

 

Since halakha is an all-encompassing guide to life

that describes what God wants us to do, it is essential that

we understand its role in our lives. Observing the mitzvoth is a

Jew's way of connecting with the eternal reality of

God. To treat halakha as a mechanical system of laws is to

miss its meaning and significance. Halakha provides the

framework for spiritual awareness, religious insight, and

even spontaneity.

 

At the root of halakha is the awareness that God is

overwhelmingly great and that human beings are overwhelmingly

limited. Humility is the hallmark of the truly

religious person. One must be receptive to the spirit of God

which flows through the halakha and  to the religious experience

that it generates.

 

A true sage must be humble; arrogance is a sign of not

understanding the real lesson of halakha. Solomon Schechter.

in his beautiful essay about the mystics of Safed of the

16th century, quotes Shlomel of Moravia who described the

scholars, saints and men of good deeds of Safed, indicating

that many of them were worthy of receiving the Divine Spirit.

"None among them is ashamed to go to the well and draw

water and carry home the pitcher on his shoulders, or go to

the market to buy bread, oil and vegetables. All the work in

the house is done by themselves.”[14] These sages followed the

model of Talmudic rabbis who also did not find it beneath

their dignity to work at menial tasks. Egotism and a sense of

inflated self-importance are contrary to the spirit of Jewish

religiosity.

 

It is interesting to note how this ideal has been somewhat

diminished among Western Jews. Isidore Epstein, in his

study of the responsa of Rabbi Simon Duran, displays a

Western bias when he writes that "the multifarious functions

of the rabbis [of North Africa] also testify to the low standards

of Jewish culture of North African Jewry. In adverting to

Jewish past and present day history, we cannot fail to notice

that wherever there is a strong, virile and advanced Jewish

life, there is the tendency to keep the rabbinical office distinct

from other callings: and the combination of rabbinical

charges with other functions is a sign of decadence and of

lack of appreciation of learning as such. North Africa in our

period exhibited that characteristic system of cultural decline.

There the rabbi was not ‘rabbi’ in the understood

sense of the word, but combined with that office the functions

of school teacher, slaughterer, and reader to the consequent

lowering in his prestige and rabbinical authoritv."[15]

 

Epstein's assumption that it is a sign of decadence when

rabbis assume responsibilities other than purely academic is

quite absurd. The contrary seems much truer. The Talmudic

sages assumed other responsibilities as did the outstanding

sages of the Sephardic world: and they did not feel demeaned

thereby. It is precisely when rabbis relegate to themselves

purely academic functions and when they consider it undignified

to meet other communal needs that egotism and

pettiness arise. It is actually to the credit of North African

Jewry and many other Sephardic communities as well, that

rabbis often served in practical capacities, participating more

fully in the life of their communities. This was not at all a

shame for them or a reflection of cultural decadence for the

communities.

 

Humility is a virtue which halakha fosters for sages and

laymen alike. Rabbi David Ibn Zimra (16th century) offered

an explanation of a rabbinic dictum that one is not supposed

to argue with the greatest of the judges who has made a ruling

on a legal question. Yet, what if that judge is wrong? Shouldn't the

lesser judges have the right and responsibility to dissent?

Rabbi David Ibn Zimra explains that the dictum was not

intended as a warning for the lesser judges but rather for the

greatest judge. The judge occupying the highest position

should not give his decision first because others will be afraid

to argue with him. His decision will intimidate the others.

Therefore, true justice demands that the greater judges withhold

their opinions until the lesser ones have had their say. In

this way, all opinions can be evaluated fairly and without intimidation

or arrogance.[16]

 

In a similar spirit, Rabbi Hayyim Yosef David Azulai

comments on a passage in the Ethics of the Fathers which

teaches that each person should prepare himself to study Torah

since it does not come to him as an inheritance. Rabbi Azulai

notes that each sage received his specific portion from Sinai

and therefore even a great sage needs to learn from others. No

scholar is self-sufficient, no sage inherits all wisdom. It is

necessary for everyone to be humble, to be open to the opinions

of others, to try to learn from everyone.[17]

 

Piety

 

Many wonderful and horrible things have been done in

the name of religion. George Bernard Shaw once wrote: "Beware

of a man whose God is in Heaven.''  It is difficult, perhaps

impossible, to have reasonable communication with

someone who feels that he knows Truth, that only he and

those who share his beliefs are absolutely right.

 

There have been great prophets, mystics and pietists

who have lived their lives in relationship with God. There

have also been inquisitors, murderers and arrogant criminals

who have thought that they acted according to the will of

God. If religion attracts the most sensitive and thoughtful

people, it also draws those who wish to seem important and

holy in the eyes of others, who use the cloak of religion to

hide their own egocentric purposes.

 

Since the Jewish religious tradition is deeply tied to

halakha, it is not surprising that there have been people who

have found their self-importance in legalism. There is a fine

line between pious devotion and misguided asceticism.

Rabbi Hayyim Yosef David Azulai has taught that one should

not follow unnecessary stringencies in law. Even in private,

one should not be overly stringent, unless he is motivated by

pure and humble piety.[18] Those who do accept additional

obligations upon themselves should not consider themselves

superior to others who do not accept such stringencies. A

truly pious person feels no need to compare his piety to that

of others; his life is lived in relationship to God; he lives with

humility and equanimity.

 

Jewish history has witnessed the honest spirituality of

innumerable pious men and women who have sincerely

served God through their observance of halakha. It has also

witnessed pietistic movements, where groups of people observed

Jewish law with intensity and introduced pious customs

into Jewish religious life. Such movements include the

German Hassidim of the 13th century; the Sephardic mystical

schools of the 16th century; the Hassidic movement of

the 18th century; the Musar movement of the 19th century.

These and other religious movements called on Jews to deepen

their religious experience by intensifying their observance

of halakha and by adopting additional pious practices.

 

Rabbi Moshe Cordovero of 16th century Safed, for example,

composed a list of rules for Jews to observe. The

following are some of his recommendations.[19]

One should not turn his heart from meditating on Torah

and holiness, so that his heart will constantly be a sanctuary

for the Divine Presence. He should never allow himself to

become angry. One should always be concerned about the

needs of his fellow beings and should behave kindly to them.

One should behave nicely, even with those who transgress

the laws of the Torah. One should not drink wine except on Shabbat and holy

days. One should pray with concentration. One should not

speak badly about any person or any other living creation of

God. One should never speak falsehood or even imply falsehood.

One should meet with a friend each Friday evening to

review what has occurred during the course of the past week.

One should recite the afternoon prayer with a prayer

shawl and tefillin. One should chant the Grace after Meals

aloud. Each night, one should sit on the ground and lament the

destruction of the Temple in Jerusalem, and should also cry

over his own sins which lengthen the time before our ultimate

redemption.

A person should avoid being part of four groups which

do not receive the Divine Presence: hypocrites, liars, idlers

and those who speak evil about others. One should give

charity each day in order to atone for his sins. One should pay

his pledges immediately and not postpone them. One should

confess his sins prior to eating and prior to going to sleep. A

person should fast as often as his health allows.

 

These rules, and other similar ones, stem from the overwhelming

desire of religiously sensitive people to serve God

in fullness. The more they can do, the closer they feel to the

Almighty. When their deeds are performed in the spirit of love

and selflessness, they are spiritually meaningful. The problem,

of course, is that these rules of piety may themselves

become merely mechanical observances.

 

The genius of halakha is that it provides Jews with a

medium for approaching God on a constant basis. Each law,

each observance is a link between the human and the Divine.

But the power of halakha cannot be appreciated without

spiritual sensitivity, openness and--above all--humility.

 

Saintliness

 

It is a rare experience to be in the presence of a truly saintly person who lives in a deep relationship

with God. We might describe such a person as having

wisdom, humility, inner peace, tranquility. The saintly person

lives life on a different plane from most other people.

One cannot attain saintliness as the result of following

any specific prescriptions. There are no schools to educate

and graduate saints. There are no rituals or techniques which,

if followed, will result automatically in the creation of a

genuinely pious person.

 

In describing the actions and observances of deeply pious

people, we only describe the evident and superficial

aspect of their lives. Their inner lives remain a secret to us.

We are intrigued with such people because we do not understand

their inner beings.

 

Following the external dictates of halakha does not

guarantee the quality of saintliness. Without mystical insight,

without an all-encompassing love, the practitioner of

halakha mimics saintliness. Halakha must be experienced

as a fulfillment of the will of God if it is to generate spirituality.

 

Modern Western society does not place a particularly

high premium on saintliness. Our society is achievement oriented,

pragmatic, material-centered. Even religion is profoundly

influenced by these values. Religious institutions

are concerned with perpetuating themselves-- raising money,

obtaining members, providing services. Prayer services

might pass for good (or not so good) theater. They may

provide parodies of prayer where people appear to be praying

while having no sense of the presence of God. It is difficult

to preach about God and mystical saintliness except to

unusual individuals.

 

The ideal of halakha is to create righteous, pious

people. Even those who may never attain this spiritual level

still need to know what the goal is.

 

In describing the religious life of North African Jewry,

Andre Chouraqui has noted that the Jews of the Maghreb

valued saintliness as the ultimate quality.[20]  They expected

that their rabbis be well-versed in Torah and rabbinic literature:

but more than this, they expected them to be able to pray

with sincerity and real devotion. By being in the presence of

saintly teachers, the average people could be raised in their

own spiritual life.

 

In summation, halakha is the ever-present link between

God and the Jewish people. Through observance of halakha

in the spirit of humility, the Jew has the opportunity to .live

life on a deep spiritual level.

 

 

 

 

[1] Mikhmanei Uziel, Tel Aviv, 1939, p. 358.

[2] Ibid., p. 371.

[3] Ibid., p. 376.

[4] Ibid., p. 382.

[5] Ibid., p. 391.

[6] This material is drawn from my article, “A Sephardic Approach to Halakha,” Midstream, August/September 1975, pp. 66-69.

[7] The travel account is found in J. D. Eisenstein, Ozar HaMasaot, Tel Aviv, 1969. See page 241.

[8] Alan Watts, The Supreme Identity, New York, 1972, p. 128.

[9] Andre Chouraqui, Between East and West, Philadelphia, 1968,  p. 61. 

[10]  London, 1969, pp. 128f.

[11] Mikhmanei Uziel, p. 407.

[12] The text of this contract is found in Yehoshua Benveniste, Sha’ar Yehoshua, Husiatyn, 1904, no. 2.

[13] Tam ben Yahya, Tumat Yesharim, Venice, 1622, no. 213, p.112b.

[14]  Solomon Schechter, Studies in Judaism (second series), Philadelphia, 1908, p. 208.

[15] Isidore Epstein, The Responsa of Rabbi Simon Duran as a Source of History of the Jews of North Africa, New York, 1968, pp. 58-59.

[16] David Ibn Zimra, Responsa, New York, 5727, vol. 1, no. 308.

[17] See his commentary on Pirkei Avot, p. 103b.

[18] Ibid., p. 97b.

[19] Appendix A to Schechter’s article, p. 292.

[20] Chouraqui, p. 63. See also p. 71f, on the veneration of tombs.

Teaching Tanakh in the Twenty-First Century

 

The Bible has topped the best-seller list every week since the invention of printing. It has directed the course of human civilization and has served as the foundation of faith for billions of people. Its content and style are recognized by believers and non-believers alike as the most profound and inspirational writing in the history of humankind. For observant Jews, Tanakh is nothing less than the Word of God. With these credentials, one might expect that teaching Tanakh would be an easy sell.

            However, as in all teaching, bridging the gap between the subject and the student is a task that requires careful thought and continual reimagining. Students must overcome not only a language barrier when studying Tanakh in Hebrew, but also historical, cultural, and philosophical differences between the world of Tanakh and that of modern Western civilization. The teachings of Tanakh are certainly eternal; but their relevance is not always obvious to children and teenagers immersed in the digital age.

            In previous generations, teaching Humash and Rashi sufficed to imbue students with the fundamentals of Jewish faith and law. Advanced students would also study the Ramban and—especially in Sephardic lands—pride of place was given to Ibn Ezra. However, I believe that our students today deserve and require a greater range of commentaries and methodologies. We have already seen this expansion of the canon take place in the past few decades in Modern Orthodox education, primarily through the writing and influence of two people:

  1. Professor Nehama Leibowitz has opened up for us the full range of traditional Jewish commentaries, ancient and modern, with a talent for zoning in and clarifying the differences between them on various exegetical issues and their methodological considerations. Nehama also had a unique ability to make those issues relevant to modern society to the point where her classes could be appreciated by a wide range of Israeli society—both religious and secular.
  2. The effort spearheaded by Rav Yoel bin-Nun and continued by the many talented faculty members of Yeshivat Har Etzion and Makhon Herzog to bring a literary appreciation for Tanakh in terms of structure, themes, and parallels within a context dedicated to peshat.

 

These are but two prominent examples of individuals who have advanced our understanding and appreciation of Scripture through their innovative methodologies that successfully combine traditional and modern sensibilities. Many others have similarly made remarkable contributions to our understanding of Tanakh in a way that is respectful of its integrity. This is especially true in the recognition of the value of setting Tanakh in its ancient Near Eastern context, not only for the similarities but more importantly for the differences. The revolutionary messages of the prophets of monotheism and morality shine when viewed on the background of ancient paganism. Such efforts abound in the halls of Yeshiva University, Bar-Ilan University, and many other institutions.[1]

These developments have opened a pathway toward selectively integrating modern Bible scholarship into mainstream Judaism. It is true that biblical scholarship presents certain challenges to traditional Orthodox belief, and recent thinkers have proposed a number of ways of dealing with these challenges. However, these issues are mostly irrelevant in a yeshiva high school setting where the goal is to inspire students about the eternal lessons of Tanakh and provide them with a basis upon which to build a lifelong commitment to Judaism and continued study.

Rather than focus on the problems of academic Bible, the approach of the writers mentioned above is to take advantage of the array of ways recent scholarship can enhance our appreciation and teaching of Tanakh. David Berger has argued that literary analysis of the Bible can help deal with problems of the morality of the Patriarchs as well as issues of higher criticism.[2] But we should teach such literary approaches not only in order to “provide the cure before the calamity” but also because it reveals more of Tanakh’s prophetic depth.

Unfortunately, these wonderful discoveries and helpful methodologies developed in academic circles in recent decades do not always trickle down into traditional educational settings. Nehama Leibowitz has certainly transformed generations of Modern Orthodox teachers and Makhon Herzog is also making a major impact on teachers who study there and who access their resources. Nevertheless, there is much more to be done in this regard, and there is especially a need to create curricula specifically designed with a classroom teacher in mind and that can guide a teacher as to how to transform this material into a structured and effective lesson.

 

Curriculum Development

 

            A few years ago, I started a project to prepare curricula for teaching Tanakh in high school. So far, my colleagues and I have written teacher’s guides for all or parts of Shemot, Devarim, Yeshayahu, Yirmiyahu, and Tehillim. Each lesson includes a step-by-step guide of suggestions for how to present the material, including worksheets, source sheets, PowerPoint presentations, and other multimedia resources. All of this material is freely available at www.teachtorah.org, and many dozens of teachers in schools around the world have successfully made use of this material. Below, I present a small selection from these lessons that highlight the approach we have taken to integrate use of multimedia, derive insights from archaeology, make the subject matter relevant to contemporary sensibilities, and use analysis of structure to discover the essential lesson of a given chapter.

 

Using Multimedia

            With most high school classrooms now equipped with projectors and Smart boards, teachers can enhance their lessons with pictures, music, and interactive presentations. One way to vivify Tanakh is to show medieval paintings of biblical scenes.

The Finding of Moses by Orazio Gentileschi (1633)

For example, Shemot 2:5 narrates: The daughter of Pharaoh came down to bathe in the Nile, while her maidens walked along the Nile. She spied the basket among the reeds and sent her slave girl to fetch it.” The question arises, what role do the maidens play in this story? A wonderful trigger for this discussion is The Finding of Moses by Orazio Gentileschi (1633). This painting depicts tension between the princess and her maidservants. While the princess and one of the maidservants point to the circumcision as evidence for the need to murder the baby, the maidservants on the other side show caring and seem to plead for compassion.

Compare this painting to the Gemara at Sotah 12b, which says that all but one of the maidservants were punished for encouraging the princess to follow her father’s orders and murder the baby. Sforno explains that by God’s providence, the maidens, who would have murdered the baby, did not see the ark; instead only the princess saw it and she sent her personal maidservant to save it. While most Christian paintings of this scene depict a reluctant princess who is urged by her compassionate maidens to save the child, Jewish commentators take the opposite position. This viewpoint can lead to a conversation about peer pressure and doing the right thing even when those around us may encourage us not to.

It is noteworthy that one opinion in the Gemara takes amatah to refer not to her maid but to her arm, which stretched forth to take hold of the ark. This is a creative poetic way to portray the enthusiasm of the princess in wanting to save the baby and the miraculous nature of the event. However, this is obviously not the peshat, as Rashi and Ibn Ezra prove.

 

            When learning Tehillim, we should emphasize their performative aspect. Just as one cannot appreciate the experience of being at a live concert if all you have are the lyrics, we have to try to reconstruct what it must have been like to experience the Leviim performing Tehillim in the magnificent Bet ha-Mikdash, Temple. Archaeologists have actually found the earliest musical notation in ancient Ugarit and have reconstructed what is sounded like. They have also uncovered mosaics with pictures of ancient instruments and figurines playing those instruments. Here, for example is a kinor, an eight stringed lyre, as depicted on a Bar Kokhba coin:

 

A kinor depicted on a Bar Kokhba coin

 

            By playing recordings of ancient world music, as well as Tehillim chanted by modern Hazzanim according to the te‘amim, one can get some sense of how Tehillim may have been sung in the Bet ha-Mikdash. Modern musicians have also set many Mizmorim to music and playing these recordings in class can help make the study of Tehillim not only intellectually interesting but also emotionally inspiring.

 

 

Archaeology

 

            Archaeologists in the Middle East have made amazing discoveries in the past century—both of material remains and inscriptions—that can help shed light on the Tanakh. These findings can also be a valuable pedagogical tool for filling in the context of biblical times and making the events come to life.

 

A drawing at Beni-Hasan from the tomb of Khnumhotep, who served in the royal court of pharaoh Senusret II in the nineteenth century BCE. This drawing depicts a group of Semitic people entering Egypt.

 

To cite a couple of examples, the Hyksos were a conglomeration of Semitic people who infiltrated Egypt starting from the twenty-first century BCE. They then gained supremacy in 1700 BCE and ruled Northern Egypt until 1550 BCE, when the Egyptian Pharaoh Ahmose I chased most of them out of the country and reestablished native Egyptian rule. Although these events are too early to identify the Hyksos with the Israelites, as Josephus did, this history nevertheless does help fill in the context for several aspects of the biblical story:

  • The migration of Jacob’s family to Egypt was part of a larger movement of Semites making the same trip.
  • Hyksos rule of Northern Egypt explains how Joseph, a foreigner, could rise to great power and marry an Egyptian noblewoman since he was a Semite just as they were.
  • It further explains why Pharaoh was so paranoid about the Israelite nation increasing and joining enemies to conquer the Egyptians. Such an event had already happened with the Hyksos and the memory of their revolt would still be prominent in his mind.

 

 

            The second example is from Dr. Shawn-Zelig Aster’s teacher’s guide for Yeshayahu and is based on his own original research. Isaiah 6 has the prophet experience the sights and sounds of God’s throneroom. Isaiah sees God seated on a throne and six-winged angels attending Him and pronouncing His holiness. One of the angels purifies the prophet by touching a hot coal from the altar to his lips. What is the meaning of this deep prophetic vision?

            In 879 BCE, King Ashurnasirpal II of Assyria built a magnificent palace that was still in use over a century later in Yeshayahu’s time. Like all other nations in Assyria’s power grip, Israel and Judah had to send emmissaries to the Assyrian palace with protection money if they wanted to avoid being conquered. Such an emmisary would have been impressed by the many scenes of Assyrian battle victories etched in the palace hallways. In the Assyrian throneroom, he would see this relief:

slide 8b -B-23

Drawing from throne room of Ashurnasirpal II

 

  • In the center is the tree that represents the world. At its top is a winged image of the god Ashur, the chief Assyrian god. The message is that the god Ashur is in charge of the world.
  • On either side of Ashur is an image of the Assyrian king (with beard), whom the Assyrians consider king of the world.
  • On either side of the Assyrian king is the four-winged figure that protects the king from impurity.

 

The emmisary would probably have concluded that the Assyrian king is more powerful than Israel’s God and would have reported this when he returned home. This would lead the nation to give up its hope, faith, and identity. Isaiah’s prophecy counters this false impression. In fact, it is Hashem who sits on the throne and is king of the world: “His presence fills all the earth” (Isaiah 6:3). Significantly, while the Assyrian king is himself susceptible to impurity and requires protective angels to keep him pure, the angels in Isaiah’s prophecy are necessary only to remove Yeshayahu’s impurity. Hashem requires no protection for He is Eternal, Holy, and beyond all human power.

            Dr. Aster suggests that teachers connect Yeshayahu’s prophecy to their own lives. Teenagers can often feel a sense of sensory overload and be impressed by the power of technology, movies, rockstars, international politics, and big business. This prophecy of Yeshayahu, however, which the rabbis incorporated into the daily siddur, can help students re-evaluate their priorities and loyalties and thereby reset their moral compass.

 

 

Contemporize

 

Every lesson in a high school setting should have an enduring understanding so that students can relate it to their own lives and contemporary society. By contemporizing the Tanakh we not only ensure that students will internalize its teachings but we also provide a motivation for studying Tanakh and a way to make it relevant to their life concerns.

Studying the opening chapter of Shemot provides a fitting opportunity to understand dictators, ancient and modern alike. As Ramban points out, Pharaoh gradually enacts harsher and harsher decrees against the Israelites in order to slowly turn the Egyptian populace against their Israelite neighbors. How can people who were on good terms with their neighbors for generations suddenly become enemies? We see the same phenomenon occur in our own times in the Bosnian war and in Nazi Germany.

A teacher can provide to the students a few sources on the history of the Holocaust and ask students to find parallels in Shemot. For example, Goebbels refers to the Jews in Germany as “guests” who are “misusing our hospitality,” and Julius Streicher spreads propaganda that the Jews are responsible for World War I and are enemies of the state. This reminds us of Pharoah’s accusation in Shemot 1:9–10: “The Israelite people are much too numerous for us. Let us deal shrewdly with them, so that they may not increase; otherwise in the event of war they may join our enemies in fighting against us.”

We must be vigilant in recognizing propaganda whenever we read a newspaper, watch television, or listen to speeches. A teacher can easily find examples from current events whether relating to local news, Israel, or pop culture. Politicians, businesses, religious leaders, and intellectuals of various kinds constantly try to convince us that their view is correct and all other views are wrong. It is up to us to distinguish between the sincere and the self-serving, between good and evil, between accuracy and propaganda.

 

It might seem that nothing could be further from the lives of American teenagers than Moshe’s prophetic encounter in the middle of the desert at the burning bush. In fact, however, this can be a foundational lesson for students about finding themselves and achieving their own leadership potential. Many elements went into the emergence of Moshe as a leader: his family, background, birth and childhood, a strong sense of justice, and passion to take action. While these attributes took many years to develop and mature, there was one single moment at which they all came together. In Shemot 3:4, we read that Hashem only calls to Moshe after He sees that Moshe turns to examine the bush. In order to hear the divine calling, one must be attentive and on the lookout for it. This is when the hero finds his calling and resolves in earnest to follow a plan to accomplish his or her set goal.

Although we are not prophets, each of us can receive a divine calling at his or her own level. A teacher can ask students to identify issues in their own schools, communities or in the world where there is injustice or something that needs attention. What talents and tools would someone need to help that problem? How can we develop ourselves to develop our own talents and be sensitive enough to take notice of the “burning bushes” all over the world today? How can we develop the confidence to step up and become leaders?

 

Structure

 

            Mizmor 145, known as Ashrei, is a highly structured alphabetic acrostic. That it is missing a pasuk for nun therefore stands out as a glaring omission. The classic answer given in Berakhot 4b explains that nun is omitted because it represents the fall of Israel as seen in Amos 5:2, “Fallen is the virgin of Israel,” which begins with a nun. This answer is not convincing for a few reasons. Just because there is a negative verse in Amos which begins with nun does not mean that nun is forever tainted. There are many positive verses that begin with nun and many negative verses that begin with other letters. If nun really is unusable, why is it found in other acrostic Psalms such as 111, 112, and 119? As I explain further in the teacher’s guide, this midrash is not meant as a commentary to psalm 145 as much as a way to deal with a difficult verse in Amos.

Most scholars think there was originally a verse for nun but it was mistakenly omitted by sloppy scribes. For evidence, they point to a copy of this Psalm found in the Dead Sea scrolls, which does include a verse for nun: “ne’eman Elokim bi-dvarav ve-hasid be-khol ma`asav—God is trustworthy in His words and faithful in all His works.” However, it is highly unlikely that this is the original missing nun verse considering that its second half is a duplicate of verse 17. More likely, an overzealous scribe invented this verse to “correct” what he thought was a mistake.

Rather, we should seek out a literary explanation for why this psalm intentionally omitted a verse for nun. This emerges upon analysis of the structure of this Psalm. This Psalm begins and ends with the word tehillah/tehillat. Verses 1 and 2 both end with “Your name forever and ever” and the last verse similarly ends with “His holy name forever and ever.” The verb brk–bless occurs four times in the mizmor in vv. 1, 2, 10, and 21. Taking all these words together, we find that the first two verses and the last verse form an envelope around the rest of the psalm. Since the only other occurrence of brk is in v. 10, this middle verse too is linked to the opening and closing. Once we compare these pesukim side by side we find that there is a progression from one to the next:

 

1 I will extol You, my God and king, and bless Your name forever and ever.

2Every day will I bless You and praise Your name forever and ever.

 

10All Your works shall praise You, Hashem, and Your faithful ones shall bless You.

 

21My mouth shall utter the praise of Hashem, and all creatures shall bless His holy name forever and ever.

 

In the first two verses, the singer blesses Hashem by himself. In the middle verse, a small group of faithful ones bless Hashem. By the end, all creatures bless His Holy Name. We can picture someone beginning to sing by himself, then being joined by a few devotees, and finally rallying everyone to sing together. These four verses act as a refrain at the beginning, middle, and end of the Psalm.

There are four sections in the mizmor: two before the refrain and two after it. Section 1 consists of vv. 3–6 and focuses on God’s greatness. The key words in this section are: greatness, might, glorious majesty, splendor, wondrous, and awesome. All of these words praise the great works of God in creation and nature. They relate to God as transcendent, powerful, and beyond reach.

Verses 7–9 comprise section 2, which is a celebration of God’s goodness. The key words in this section are goodness, beneficence, gracious, compassionate, kindness, and mercy. Verse 8, in particular, paraphrases God’s 13 attributes of mercy (Shemot 34:6). In this section we feel Hashem’s closeness to us, His care, and His accessibility.

Section 3 spans vv. 11–13, and its key words are: majesty, kingship, might, majestic glory, and dominion. This section shares many of the words and themes from section 1 but emphasizes God’s kingship in particular. Like section 1, this section also gives off the sense of Hashem as transcendent just like a human king is beyond the reach of the ordinary citizen. Remarkably, the three verses of this section begin with the letters כ, ל, and מ. When read backward, these letters spell מלך—king!

Section 4 is the largest section at vv. 14–20 and parallels section 2 in its theme. This section describes how God provides help and sustenance to the needy (vv. 14–16) and responds to and protects the deserving (vv. 18–20). The middle verse of this section sums up its central message—“Hashem is beneficent in all His ways and faithful in all His works” (v. 17). The predominant word in this section is “kol­–all,” which is repeated 10 times. It emphasizes that Hashem is not just selectively good to some people sometimes but rather all-good all the time to all living beings.

 

Some philosophers speak of God as a transcendent, infinite, all-powerful being about whom we can know nothing and from whom we would not expect special favors. Others think of God as a close, ever-compassionate father-like figure who thinks about us and cares for our every need. In philosophy, it is difficult to reconcile these two conceptions. However, when meditating or when in a state of prayer, our emotions can often shift from one to the other and back. The four sections of this mizmor similarly vacillate between these two extremes. Sections 1 and 3 conceive of God as transcendent and therefore call to proclaim His greatness and kingship. Sections 2 and 4, on the other hand, consider God to be near at hand as they praise His goodness.

We can now trace the movement of the reader as he or she experiences this mizmor. At first alone, the reader begins by thinking of God’s greatness and awesomeness in section 1 but does not feel close to Him. Once the reader begins to fathom God’s mighty acts in creation, the reader begin to think of acts He performs for the world. In section two the reader begins to sense God’s mercy. The reader now reaches a higher level where he or she feels connected with a group of “faithful ones” in the refrain. We then think about God as an infinite king in section 3. But even a king must take care of his subjects, and the infinite king provides infinite care for all beings. It is significant that the last section is the longest and most detailed. It is clearly the climax of the mizmor and contains its most essential message.

            Getting back to the missing nun, we now see that this verse is omitted right at the juncture between sections 3 and 4. This omission makes the reader pause and serves as a literary device to indicate a section break. In fact, as we saw from the structure above, section 4 is the climax and essence of the mizmor and so it is fitting to mark a section break between it and everything that precedes it. In fact, vv. 113 are also marked off as a unit by the envelope created by the word melekh in v. 1 and the repetition of the same word in section 3, vv. 1113. Furthermore, when reading the acrostic backward from the end, the absence of the nun verse calls attention to the beginning letters of section 3, mem, lamed, kaf—king.

The main idea of the mizmor is a total praise of Hashem by all people at all times. This is summed up in the progression of the refrains and in the repetition of the key word kol. The psalm takes the form of an alphabetic acrostic in order to poetically convey this message. By using every letter of the alphabet, we sense that we are praising God using all possible language. It is complete praise from A to Z. This is a truly magnificent example of how appreciating structure, even—or especially—when it deviates from our expectations, is a necessary and inspiring method for uncovering the wisdom and perfection of Tanakh.

 

I hope that this selection of lesson summaries will suffice to prompt the reader to visit www.teachtorah.org. I would further request that readers provide feedback on this material and I invite teachers to join in participating in and contributing to this project.

 

 

 

 

 

 

 

Notes

 

[1] A recent and significant contribution to this approach is by my Rabbi, Moshe Shamah, Recalling the Covenant: A Contemporary Commentary on the Five Books of the Torah (Jersey City: Ktav, 2011).

[2] David Berger, "On the Morality of the Patriarchs in Jewish Polemics and Exegesis," in Modern Scholarship in the Study of Torah, ed. Shalom Carmy (Northvale, NJ: Jason Aronson, 1996), 131-146.

Daily Birkat Kohanim in the Diaspora

Daily Birkat Kohanim in the Diaspora

 

By Daniel Sperber[1]

 

(

 

Question: May Kohanim outside the Land of Israel give the priestly blessing (Birkat Kohanim, or Nesiat Kapayim) on weekdays and on regular Shabbatot?

 

Answer: The Torah explicitly requires the Kohanim to bless the people (Numbers 6:23), but does not tell us where or when they should do so. Rambam (Sefer haMitzvot, Mitzvat Assei 26) gives no details, but refers us to B. Megillah 24b, Taanit 2b, and Sotah 37b, to work out the details. However, there are versions of the Rambam's text (edited by R. Hayyim Heller and R. Yosef Kefir), where there are the additional words "every day,” and this, indeed, is his ruling in the heading of his Hilkhot Tefillah and Birkat Kohanim. (See further ibid., chapter 14; this also is the ruling in Sefer haHinukh, Mitzvah 367). However, there we find the additions that "the mitzvah applies in all places at all times…". Hagahot Maimoniyot, to Rambam Hilkhot Tefillah 15:12 note 9 writes, on the basis of R. Yehoshua ha Levi's statement in B. Sotah 38b, that any Kohen who does not bless the people transgresses three commandments, splitting as it were the biblical verse in Numbers thus: "So shall you bless the children of Israel: say unto them,” adding verse 27 ibid., "And they shall put my name upon the children of Israel…". The Hagahot Mordechai modifies this by adding that if the Kohen has not been summoned to bless the people, he does not transgress by not doing so, referring to the Yerushalmi text, and this view is accepted by the Beit Yosef, Orah Hayyim 128. There is also a minority view, rejected by mainstream authorities, that of Rabbenu Manoah, that even if the Kohen was not called, if he did not bless the people, he transgresses at least one commandment.

Outside Israel it is the practice in many congregations for the Kohanim not to give the priestly blessing, and for the congregation not to request that they do so—with the exception of musaf on the foot-festivals and Yom Kippur—even during Neilah. The Beit Yosef was very perturbed by this practice. He writes (Orah Hayyim 128):

 

The Agur wrote that Mahari Kolin [the Maharil] was asked why the Kohanim do not give the priestly blessing every day, since it is a positive commandment. And he answered that it was the custom of the priests to make a ritual ablution [in the Mikvah] before blessing, as is recorded in Hagahot Mordechai, and to do so every day in the winter would be very difficult for them. Hence, the custom evolved to do so only on the festivals. Furthermore, [doing so] would curtail the business activities (mi-taam bitul melakhah), and in any case if the Kohen is not summoned he does not transgress.

 

However, the Beit Yosef continues:

He forced himself to justify his local custom; but the reasoning is insufficient. For that which he said that they were accustomed to make a ritual ablution every day, this is a stringency—i.e., it is not really required—which leads to leniency… Since ritual ablution as a requirement for the priestly blessing is not mentioned in the Talmud. And even if they took upon themselves this stringency, why would they cancel three commandments, even if they were not transgressing since they had not been summoned. Surely it would be better that they carry out these three commandments clearly and not make the ritual ablutions, since there are not required, and by not doing so they could fulfill the three commandments.

 

He ends by saying:

 

And praise be to the inhabitants of Eretz Yisrael and all Egypt who give the priestly blessing every day, and do not make ritual ablutions for it.

 

Indeed there are some congregations that still follow the Beit Yosef's position. Thus, the Syrian community has birkat Kohanim every day, (see H. C. Dobrinsky, A Treasury of Sephardic Laws and Customs, Hoboken N.J., New York 1986, p.168). This, too, was the Amsterdam custom of the Portuguese community (Shemtob Gaguine, Keter Shem Tov, vol.1, Kédainiai 1934, pp. 222–227, note 268, who also quotes Even Sapir, that this was the practice in Yemen, and possibly in some Moroccan congregations), while in Djerba they did it on Shabbatot and festivals (R. Moshe HaCohen, Berit Kehunah, Orah Hayyim, pp.101–102, and note 30). Thus, there are ample precedents for this practice.

However, the Ashkenazi Rema, R. Mosheh Isserles, in his Darkei Mosheh, ibid., 21, seeks to justify the Ashkenazi custom. He writes:

 

Because [doing so] would curtail business activities for the people in these countries, for the Kohanim are struggling to support themselves in the exile, and they can barely support their families, other than the bread they gather by the sweat of their brows daily, and they are not happy. And it is for this reason that they do not carry out the priestly blessing, which leads to bitul melakhah la-am. And even on Shabbat they do not do so, because they are troubled and concerned about their future…, and they are only joyful on the festivals. And thus the custom evolved only to bless the people on the festivals. So it would appear to me.

 

The notion that the Kohen must be joyful when blessing the congregation has its roots in the early Rishonim (in Rash's teacher, R. Yitzhak ben Yehudah).

The Mateh Efraim, of R. Efraim Zalman Margaliot, added that this was an ancient practice, even more than 500 years old, going back to the Tashbetz haKatan, a disciple of the Maharam Mi-Rothenberg, and the Kol Bo sect. 128, and accepted by the Maharit, the Agur, the Darkei Mosheh, etc., "and one may not stir from this custom." He also gives additional reasons to support this custom.

The Sephardic Kaf haHayyim, R. Yaakov Hayyim Sofer, on the other hand (Orah Hayyim, ibid., note 16), cites French R. Yaakov of Mervais, (in his Shut Min-ha-Shamayim no. 38), who writes that

 

In a place where there are suitable Kohanim to bless the people, and they do not do so even once a year, both the congregation that do not call them to do so, and the Kohanim themselves, who do not make the blessing, transgress, also because they seem not to be relying on their Father in Heaven.

 

This was cited by the Egyptian Radbaz, R. David ben Zimra, and especially the Hesed leAvraham of R. Avraham Azulai, who writes at length censuring those who do not bless the people, enumerating the negative effects of their flawed thinking, concluding that "it is proper to do so in every place, and not to seek out strategies to avoid doing so."

And even the Ashkenazic Hafetz Hayyim, in his Mishnah Berurah 128:12 in the Beur Halakha wrote:

 

It is only because of weakness that the Kohanim can go out and not go up [to bless the people. For if not so, certainly they are not acting well to needlessly nullify a positive commandment.

 

Indeed, there are some Ashkenazic congregations where they do carry out the priestly blessing at least once a month, as we learn from the Sefer haMitzvot, or even every Shabbat, as is mentioned in the Mateh Efraim.

Finally, we may cite the words of R. Yehiel Michel Epstein, in his Arukh haShulhan, Orah Hayyim 128:4:

 

And behold, it is certainly the case that there is no good reason to nullify the mitzvah of birkat Kohanim the whole year long, and [it is] a bad custom. And I have heard that two great authorities of former generations—probably the Gaon Eliyahu of Vilna and R. Hayyim of Volozin—each one wished to reestablish birkat Kohanim daily in their location, and when they decided on a given day [to begin], the issue become confused and they did not succeed, and they said that from Heaven it was thus decreed.

 

In view of all the above we may state that Birkat Kohanim does not require ritual ablution, and in present-day diaspora countries, blessing the people will not affect or curtail any business activities, and people in the diaspora are not downtrodden, nor do they live in permanent misery so that they cannot be joyful enough to bless the congregation. And according to some opinions (e.g., the Pri Hadash) even if they are not called to give the blessing, they may/should do so, (see e.g. Piskei Maharitz, Orah Hayyim vol.1, Bnei Brak 1987, pp. 259–260, with the note of R. Yitzhak Ratzabi ibid., Note 7, ibid., Be’erot Yitzhak). Thus, the reasons given for avoiding giving the priestly blessing are for the main part largely irrelevant in present-day diaspora conditions.

On the other hand, not doing so means not carrying out three positive biblical commandments, and according to some, albeit minority, opinions this is also the case when the congregation does not summon the Kohanim. Some, somewhat mystical sources also stress the great spiritual benefits of the priestly blessing, and the considerable negative effect of their absence. Furthermore, we have seen evidence that in some Ashkenazic communities Birkat Kohanim was practiced on Shabbatot or monthly, and not merely on the festivals.

Taking into account all of the above, I would think that nowadays, there is little justification for not carrying out the priestly blessing daily in our diaspora congregations.

I would like to end by again referring to the Hesed le-Avraham:

 

…The Kohen who fears the word of the Lord and desires His commandments will not transgress by refraining to give the blessing to give satisfaction to his Creator, for it is good in the eyes of God to bless Israel. How good and pleasant is the practice in some places, where the Kohanim give the priestly blessing each day. This is the fitting way to practice in all places, and not to seek excuses for annulling a positive commandment from the Torah.

           

To summarize:

 

  1. It is a biblical commandment that obligates the Kohanim to bless the people.
  2. Not doing so means not fulfilling that biblical commandment, and, according to some authorities, even transgressing three biblical commandments.

 

Here we may add yet another element to our discussion. There is a well-known opinion of R. Eliezer Azikri, in his Sefer Haredim chapter 4 (with the commentary of R. Yitzhak Leib Schwarz, Kunszentmiklos 1935, p. 19), that "those who stand before the Kohanim in silence and direct their hearts to receive the benedictions as the words of God, they too are included in the mitzvah as parts of the 613 [mitzvot].”

The commentator, ad loc. (note 18–19) discusses this opinion, pointing out that it is a subject of considerable controversy among the greatest of authorities, but he quotes the author of the Haflaah, R. Pinhas ha-Levi Horowitz, (in his notes to Ketubot 24b and Rashi ibid.), that just as there is a commandment to the Kohanim to bless Israel, so too is there a commandment to Israel to be blessed by the Kohanim. He states that there are other examples where the Torah, explicitly commands only the active partner and not the passive recipient, but nonetheless both are obligated. He brings as one example to mitzvah of yibum, which devolves both on the levir (yavam) as well as the sister-in-law (yevamah), even though the Torah commandment is directed toward the levir alone. The Sefer Haredim's novum was widely accepted, even though his source remained unclear to many.

This being the case, surely we should not deprive Am Yisrael in the diaspora from having opportunity to participate in this important mitzvah.

The reasons given by the various authorities for not fulfilling this mitzvah regularly in the diaspora are in and of themselves problematic, but in any case quite irrelevant to present-day diaspora communities. There exist precedents in different congregations, even outside Eretz Yisrael, for daily, weekly, or monthly priestly blessings.

In Jerusalem and in some parts of Eretz Yisrael the priestly blessing is carried out daily.

In view of all of the above, it follows that the daily, or at least weekly, blessing on the part of the Kohanim be performed in diaspora communities.

 

 

 

[1] Here I must acknowledge my debt to R. Shaar Yashuv Cohen's extensive discussion in his Shai Cohen, December 1997.

 

National Scholar January 2018 Report

We continue to reach thousands of people annually through our National Scholar program, combining classes, teacher trainings, and publications to promote the core values of our Institute.

            There are several upcoming classes and programs in January and February:

On Wednesday, February 14, 7:30 pm, there will be a book reception for my latest book, The Keys to the Palace: Essays Exploring the Religious Value of Reading the Bible. It will be held at Ben Porat Yosef Yeshiva Day School, 243 Frisch Court, Paramus, New Jersey. I will give a talk on “Building Bridges and Mending Rifts through Tanakh Scholarship.” Books will be available for purchase and signing.

Since the beginning of September, I have served as the Tanakh Education Scholar at Ben Porat Yeshiva Day School, in Paramus, New Jersey. I am developing a new Tanakh curriculum for grades 1-8, that reflects our core religious values at the Institute for Jewish Ideas and Ideals. I also have given lectures to the Ben Porat Yosef parent community in this capacity.

 

On Mondays January 8 and 15, and Wednesday January 24, 8:00-9:00 pm, I will be teaching a three-part series at the Young Israel of Scarsdale (1313 Weaver Street, Scarsdale, New York):

Torah Study in a Modern World: Conflict & Resolution

Monday, January 8: Orthodoxy and Confrontation with Modern Biblical Scholarship

Monday, January 15: Traditional Commentary and Biblical Archeology: Friends or Foes?

Wednesday,  January 24: The Bible, as a Book of Literature vs. The Torah, as a Sacred Text

Copies of my new book, The Keys to the Palace, as well as several other titles, will be available for purchase and signing at the final lecture on January 24.

The classes are free and open to the public.

 

On Shabbat, February 9-10, I will be a scholar-in-residence at the Baron Hirsch Synagogue in Memphis, Tennessee (400 South Yates Rd, Memphis, TN).

The classes are free and open to the public.

 

On Sundays, February 18 and 25, 7:30-8:30 pm, I will teach a two-part series at the Young Israel of Jamaica Estates in Queens (83-10 188th Street, Jamaica, New York) on Megillat Esther.

The classes are free and open to the public.

 

Our University Network, which I now coordinate, continues to do incredible work to promote our religious ideology and vision on campuses across the United States and Canada. We have added several new campuses and fellows this semester. Please see my December report on our Campus Fellows on our website: https://www.jewishideas.org/article/campus-fellows-report-december-2017

 

As always, I thank you for your support and encouragement, and look forward to promoting our core values through these and many more venues in the coming year.

Rabbi Hayyim Angel

National Scholar

Institute for Jewish Ideas and Ideals

Social Change and Halakhic Evolution in American Orthodoxy

Professor Chaim Waxman, a prominent and highly respected sociologist of contemporary Orthodoxy, has made a superb assessment of the history, development, and current and future situation of Orthodoxy in his relatively short but comprehensive 178-page book, “Social Change and Halakhic Evolution in American Orthodoxy,” with 48 additional pages of bibliography and index. The book is published by The Littman Library of Jewish Civilization in association with Liverpool University Press. Readers will receive a wealth of information from the book and much in it will surprise them, especially the finding that Orthodoxy is changing, and different styles of Orthodoxy exist in different countries. The following is a summary of a few of the many insights that he offers in his insightful book.

 

A few statistics of Jews in the US

Waxman quotes the Pew Center Survey that estimates that 1.5 percent of US citizens, about 3,638,000, are Jews by religion. Pew also estimates that about 12 percent of this number, 437,000, are Orthodox. Of these 12 percent, 66 percent, about 291,000 are ultra-Orthodox, and half this number, 33 percent, about 146,000, are Modern Orthodox. Orthodox Jews have an average income lower than non-Orthodox Jews, and ultra-Orthodox have a lower income than Modern Orthodox. Pew found that the percentage of divorced or separated Orthodox Jews, 9 percent, is lower than that of Mainline Protestants, 12 percent, and Catholics, 10 percent. Pew also found that among Jews with no denominational affiliation, only 31 percent had a Jewish spouse, while the figure for Orthodox was 98 percent. Surprisingly, while 79 percent of ultra-Orthodox are married, only 52 percent of Modern Orthodox are married, a slightly lower rate than that of Conservative Jews.

 

The origin of Orthodoxy

The term Orthodox did not exist before the nineteenth century. It was invented by Reform Jews in eastern Europe who used it to disparage what they considered backward, old style, more observant Jews. Soon thereafter, the more observant Jews accepted the title as a badge of honor. The term Orthodox is based on Greek words: ortho = right or true, and dox = belief or opinion. Despite what Orthodox means, many Orthodox Jews in the past and today are not literally people who agree with the traditional “beliefs and opinions.” They are Orthopractic, Jews who have decided to continue all or many of the traditional “practices” of Judaism. They accept many ancient Jewish laws and traditions “but not meticulously or rigidly so.”

Among Ashkenazi Orthodox Jews, those descendant from Europe, there are two main groups today, each divided into sub-groups: Ultra-Orthodox and Modern Orthodox. The former is subdivided into yeshivish who contend that Jewish males should separate themselves from modernity as much as possible and spend their life studying Talmud, and hasidish who follow the demands of Hasidic leaders called Rebbes. Modern Orthodox is subdivided into Centrist Orthodox and Open Orthodox, with the last adopting less restrictions and being more open to the involvement of women in the synagogue.

The Orthodox in America have a stronger attachment to Israel than do non-Orthodox American Jews. Orthodox Jews place greater emphasis on the law focusing on humans, bein adam ladam, while the ultra-Orthodox emphasize laws that focus on God, bein adam lamakom. 56.9 percent of Modern Orthodox feel that homosexuality should be accepted by society, but only 35.6 percent of ultra-Orthodox agree.

Rabbis

Contrary to what people suppose, ancient rabbis did not have a significant role in synagogues, they were “viewed as talmudic scholars and halakhic experts. Particularly in the area of isur veheter, ritual law, which includes kashrut, sexual conduct, sabbath observance, and so on. However, when it came to questions relating to broader matters, such as issues of communal policy, most people gave no special weight to the rabbi’s opinions and did not consult with them.” Rabbis “did not reign supreme” as they sometimes do today. The current notion that rabbis are elite individuals whose views must be followed did not exist in America until the twentieth century, is not a traditional teaching, but a copy by Orthodox Jews of the Hasidim and the Hasidic Rebbe.

Also contrary to what many think, “customs start with the masses, and go from the bottom up, sometimes to the point where they become actual laws.” Thus, despite the recent powers given to rabbis, we can expect that the more educated Orthodox Jews of today will bring about changes in laws and behavior. Many Orthodox Jews are dissatisfied with how Orthodoxy is practiced today and this will prompt change. “The 1990 National Jewish population survey indicated that ‘among those raised Orthodox, just 24 percent are still Orthodox.’”

In the recently published “Megillat Esther Mesorat Harav,” Rabbi Joseph B. Soloveitchik recognized this phenomenon. He is reported as recognizing that Purim was instituted as a holiday by common people, not rabbis nor Jewish leaders, and it was only after the people instituted the practice that the rabbis accepted it. He is right. This is how the book of Esther portrays what happened.

Turning to the right

Just as the Orthodox swerved to the right in copying the Hasidic view concerning rabbis, they did so also regarding education. While Rabbi Joseph B. Soloveitchik is highly respected in Modern Orthodox circles, and despite his co-educational classes in his Maimonides School in Boston, many Modern Orthodox day schools today separate boys and girls in different classes. Similarly, because the ultra-Orthodox insist on their own “higher” standards for the laws of kosher, many certifying agencies require food sellers to bow to their requests to obtain their certification resulting in much higher prices for kosher foods. Still another radical change was pioneered by ArtScroll and Mesorah Publications which publishes many books on Judaism and Jewish history, “Critics have argued that ArtScroll censors its books to present only Orthodox accounts and Perspectives.” Also, lamentably, many Orthodox synagogues have recently rejected the teaching of Maimonides, who quoted the Greek non-Jew Aristotle in his writings, and who explained that “The truth is the truth no matter what its source,” and replaced the highly respected “Pentateuch” by Chief Rabbi J. H. Hertz with the ultra-Orthodox ArtScroll Chumash because Rabbi Hertz included explanations of the Torah from non-Jewish scholars. Many other examples of mistaken turnings to the right can be cited, such as the new stringencies that the Chief Rabbinate in Israel have placed on conversions.

Waxman states: “The ‘turn to the right’ in American Orthodoxy was in large measure, a reflection of the broader turn to the right and the rise of fundamentalism in a variety of different countries and continents.” This seems to put the lie to the claim of many Orthodox Jews that they are not affected by non-Jews. “Much as many might deny it, Orthodoxy is affected by and does respond to its social environment. This is why American Orthodoxy today is different from what it was a century ago, and it is different from Orthodoxy in the United Kingdom, Europe, and even Israel.”

Torah from heaven

As late as fifty years ago, Orthodox Jews were united in believing that both the Written Torah and the Oral Torah were given by God to Moses at Sinai, with some, “such as Joseph B. Soloveitchik and Moshe Tendler, [who] went so far as to axiomatically assert a literal version of both parts of the credo, while others simply expressed a general allegiance to the credo itself without discussing the detailed implications.” But, “Today the situation is dramatically different.” Orthodox Jews in America, and even more so in Israel, are accepting many critical views about the Torah, as can be seen on the website “The Torah.com.” Waxman attributes the change to “the emergence of a generation of college-educated Jews” in the second half of the twentieth century. Orthodox schools, including yeshivas, in the past were like the Catholics of the Middle Ages who prohibited the translation of the Bible because they felt that when the masses read the Bible, they can be misled away from Catholicism. Like them and for the same reason, Orthodox schools did not teach Torah, only Talmud and selected books on ethical behavior in the past. But now, there is an “increase in the [study of the] Bible within the religious and traditional communities since the 1960s.”

Similarly, while Orthodoxy rejected the idea of evolution and even called it heresy, most Orthodox Jews today accept it as a fact: “in 2005, even the [Orthodox] Rabbinical Council of America issued an, admittedly very guarded, pro-evolution position.”

Conclusion

Waxman concludes: “As has been shown throughout this book, American Orthodoxy is anything but static. It has changed and will continue to do so…. Although we cannot know precisely what the group will be like in the future, one thing is certain: it will not be the same as it is now.”

 

Social Justice and Activism in Our Synagogues

 

My name is Jeannie Appleman.  I’m an organizer with the Jewish Funds for Justice.  My family and I  daven at the modern orthodox synagogue near us in Long Island.  I organize and train rabbinical and cantorial students, including from Chovevei Torah, and Rabbis, from all four movements in a particular approach to transforming our synagogues into “covenantal communities.”

 

What do I mean by covenantal community? I mean a community whose members believe and act on a premise that each of our futures is inextricably intertwined, and that we have a stake in each others’ future.  I mean a community whose members truly partner with and act to improve our city with others across race, class and religious lines based on shared interests and common vision. I mean a community where  congregants are engaged around their talents and dreams, not tasks; where developing people takes precedence over providing programs for every need; where private struggles are voiced, and change is achieved.   Covenantal communities stand up for the collective good as well as our own synagogue’s interests. Shearith Israel’s history is full of this type of covenantal behavior.  

 

I will begin by posing some questions and then laying out a new opportunity to engage in covenantal community – both within your synagogue and with your Manhattan neighbors, with whom you share a common fate.  

 

Here are a few questions to consider: What is the current chapter of community engagement that you are writing as a congregation? What legacy, in the spirit of Emma Lazarus, a former congregant, will you leave to your grandchildren?  In addition to this aesthetic structure, and the vibrant tefilla, Torah study, and chesed work, for what courageous community involvement will Shearith Israel be known, in this time and place?  What does it mean to be a covenantal community in Manhattan, in 2008?

 

         Just as particular events and experiences shaped Shearith Israel’s journey and choices in community involvement, so too my journey as an organizer and as a Jew has been shaped by a series of experiences.  I grew up in a Catholic family in a racially-mixed, working class neighborhood in South Bend, Indiana. When I was 16, and I learned about the prophets, I thought they were talking to me and my family; I felt like WE were the widow and orphan that the prophets spoke of that the Almighty protected, when my father nearly lost his factory job -- the best of the three jobs he worked to put food on our table – because of the unbridled greed of the owner.  That was the beginning of my journey to becoming an organizer.  When I asked my religion teacher about Jews, he told me to go ask a Rabbi.  So I looked in the yellow pages and picked one out – Rabbi Chaim Kuperman, straight out of YU doing kiruv at a traditional synagogue.  I showed up at Sinai Synagogue in my school uniform – plaid skirt and navy jacket and bobbie socks - and he was kind enough to mentor me in my journey towards Judaism.  I have found in modern orthodoxy an authentic and holistic way of life, where every act has meaning and purpose, and every occasion has a bracha.  And I’m proud that our community has written the book on caring for our own.  And yet I struggle with how little impact we have had in the broader community.

 

         In today’s Parsha, Mishpatim, and later in Devarim, that in order to walk in the ways of Hashem (G-d), You shall love the stranger for you were strangers in the land of Egypt.”  Some commentators  broaden the commandment to include not only converts, but also all strangers .   The Ramban contends that WE should learn from our Egyptian experience that the Almighty does not tolerate the mistreatment of strangers.  When I read this passage, I am reminded that we have not yet reached our potential for acting powerfully in the public square on the full range of our community’s interests or the collective good in our cities, including Manhattan.   What are we doing right here in NYC, in 2008 to harness our people power to hold our public officials accountable for their commitments to make our city safer and cleaner, to create more affordable housing and quality education, and affordable health care options for every New Yorker? 

        

           What do I mean by power?  Many of us believe that the access that our Rabbis and big donors have to decision-makers is power.  But I would call this influence. It’s easy to confuse the two. Power is what happens when we join together with our neighbors to voice our collective concerns to politicians and negotiate face-to-face and publicly, not just through back-room deal.  It is what we need to do if we want public policy to address the needs of our community and the broader society.

           

       Congregation Shearith Israel has a long and rich history of community involvement, of standing up for yourselves and for others.  It seems to have begun from the very founding of SI!  The pioneers who created this synagogue refused to be bystanders to their own struggle, and that of other Jews and non-Jews alike in their new country, America, particularly in this political powederkeg of an island, called Manhattan!  It all started with 23 Jewish pioneers from Dutch Brazil standing up to the dictatorial Governor of New York in 1654 – Peter Stuyvesant – who ran NY like his personal fiefdom, for the right to settle here.  

   

          The history includes initiating settlement houses for immigrants and Jewish poor; opening a homeless shelter and partnering with NY institutions to address homelessness; engaging armies of volunteers to mentor and guide troubled young people.   In Rabbi Marc Angel’s Remnant of Israel book he writes “Through one-to-one relationships, the ‘big sisters’ would help guide the ‘little sisters’ to lead constructive and fulfilling lives.”  These SI leaders knew how to build a covenantal community – one relationship at a time.  Shearith Israel’s history of being a “caring” community for its members, the Jewish community, and society at large, is an impressive one; this Congregation has a big heart.  There is also a rich history of engaging in interfaith efforts with Lutherans, Episcopaleans and Catholics starting in the late 1600s.

 

         I would propose to you, that in 2008, SI has the opportunity to EXPAND how it acts as a covenantal community by joining with other faith communities and communal organizations to create a truly “covenantal community” here in Manhattan.  There is a congregation-based community organization that operates as a covenantal community – Manhattan Together -- that negotiates collectively and directly with the city’s and state’s “powers that be” on the matters that affect many of our lives. They’re waiting for more synagogues who share this vision to join them. 

                                                                                                          

          There are nearly 100 synagogues nationally, who are employing this particular approach to creating covenantal community, within the context of multi-faith and multi-ethnic organizations, invented  by Saul Alinsky and the Industrial Areas Foundation in the 1940s.  The Jewish Funds for Justice has worked successfully over the last several years to connect synagogues to these organizations. 

 

          Let me describe one synagogue’s experience, that a fellow organizer, Meir Lakein, is working with in Boston, called Temple Emanuel.  They held 42 small group meetings where over 400 of its congregants met together in each other’s living rooms, to tell stories of their concerns, and hopes and dreams.   They didn’t kvetch, they didn’t argue ideology; they didn’t even discuss a “social justice” issue.  Instead they told stories about their experiences that helped their fellow congregants get a better sense of who they were, stories that surfaced some of their core interests and values.   What emerged were stories of struggle as congregants attempted to navigate the long-term care systems that made it hard to age with dignity, or to care for their aging parents.                                                                                   

       

     Then they held a synagogue-wide meeting of over 420 congregants at which they launched synagogue-wide chesed initiatives to not only expand chesed, but to make it the instinctive NORM of the community.  They launched an organizing drive to press local and state legislators, to commit new resources and support for the long-term care system that would make it easier for seniors to stay in their homes, if they so chose.  Shortly after, the synagogue joined a multi-ethnic, interfaith community organization, Greater Boston Interfaith Organization (GBIO), affiliated with the Industrial Areas Foundation (IAF)  with several synagogue members, so they could build covenantal community across faith and ethnic lines.

 

 Many of us would find it hard to believe that synagogues and Haitian 7th Day Adventist churches would have anything in common.  But as members of GBIO, several synagogues discovered that they did.  Both communities needed to change nursing home care.  Leaders at Temple Israel needed better nursing care for their parents and grandparents who were living in unsanitary and inexcusable conditions in the homes. The Haitians who staffed the nursing homes were mistreated, overworked and underpaid. When they heard each others’ stories in small group meetings, these stories led to action. GBIO held a large community meeting and invited the Massachusetts Attorney General to ask him to issue an unprecedented advisory enforced stricter monitoring of both nursing home care, and that would improve conditions for workers.  The Attorney General came to the meeting prepared to decline this request.  But he was so moved by the immigrant stories he heard and was impressed by the united power he saw, that he changed his mind. He was reminded of his own mother’s story of exploitation and mistreatment as an Irish immigrant.  When he committed to issue the advisory, he was nearly drowned out by the cheering.   

 

          As synagogues, we cannot pretend that our own members are immune from skyrocketing health care and housing costs, from unemployment, from the cost of aging, and the challenge of supporting aging parents while underwriting our children’s escalating education costs.   Unless we’re willing to share our stories of struggle and hope with each other, and with other communities, I don’t believe we will achieve the fullest possible covenantal community in the broader society either.  If we park our own interests and stories at the door and hide our own struggles, we imply, that only people of other ethnicities and faiths struggle, and we’re there just to fix them, instead of partnering with them to create a joint future for all our children.  

My great-grandfather died when my grandmother was very young, leaving my great-grandmother penniless, and with five children to support.   But since she had no means of support, the local authorities threatened to tear her and her siblings away from their mother, and dump them in an orphanage. The young priest at their church stood up to the authorities, and provided my great-grandmother with odd jobs at the Church, rent, and groceries.   

While it saved my family, BY ITSELF, this approach of “meeting individual needs” of congregants, fell short.  My family’s shame about this experience kept them isolated from the rest of their congregation because no one ever spoke about “private” matters. Like many synagogues today, they attended each other’s weddings and funerals, but never spoke to each other of their struggles or dreams.  If this had been a covenantal community that encouraged my great-grandmother to share her story, she would have met others who had also suffered under the crushing weight of abusive power, and they could have joined together and fought for laws that protected families.  But my grandmother didn’t belong to a covenantal community.

         Achieving covenantal community requires taking big risks and trusting our fellow congregants and other community members from diverse backgrounds enough to share our stories. This kind of community calls us to be open to hearing their stories and being changed by them.  It requires the courage to recognize that a shared covenant that ties our destinies is not cemented only with words – it is signed with action.  In the covenant we made with the Holy One, our ancestors committed, “We will do and we will hear.”  Can we really expect any less of ourselves, today? 

 

Done With Brain Death

 

Over the last two decades much ink that has been spilled regarding the halachic analysis of whether or not brain-stem death is equivalent to halachic death. So much has been written, in fact, that from a substantive point of view, little, if anything, new can be said.

 

The debate, far from being theoretical, has far reaching implications. When the brain-stem dies, if the patient had previously been connected to a ventilator, the heart may continue beating for a few more days before it too dies. Since organs – for the purposes of life saving transplantation - typically need to be recovered before the heart stops beating, we need to know if halacha views a beating heart as a sign of life. If so, organ transplantation would be forbidden since removing the organs would be akin to killing the donor.

 

Halachic Analysis

Many, if not all, of the halachic articles written in English and Hebrew over the past 25 years, both accepting and rejecting brain-stem death as halachic death, may be found at the website of the Halachic Organ Donor Society (www.hods.org).  The primary halachic sources are Talmud Yoma page 85a and Mishna Ohalot 1:6.

 

Institutional Positions

Among the orthodox rabbinic institutions that take a position on this issue are the Chief Rabbinate of Israel and the Rabbinical Council of America who both accept brain death as halachic death and support organ donation. The Halachic committee of the Chief Rabbinate issued its ruling with unanimous consent in 1986. In 1991 the Rabbinical Council of America held a three day convention at Spring Glen, N.Y. where halachic presentations were heard both for and against brain-stem death.

The RCA membership then voted to adopt a resolution accepting brain-stem death as halachic death and supporting organ donation. [Even though no new medical information has surfaced that was not considered in their deliberations before the vote in 1991, the RCA is currently reviewing its position on this issue.]

This RCA resolution, the article in the NY Times announcing the RCA’s newly adopted position, and the RCA’s Living Will which explicitly promotes heart transplants from people who have died brain-stem death are available at www.hods.org.

 

 

Rabbinic Positions

While the rabbis who reject brain-stem death succeed in making their voices heard, less well known are the prominent rabbinic figures that accept brain-stem death and support organ donation. They are former Chief Rabbis Avraham Shapiro z”l, Rabbi Mordechai Eliyahu and Rabbi Ovadiah Yosef, current Sephardic Chief Rabbi Shlomo Amar, Rabbi Shaul Yisraeli z”l, Rabbi Zalman Nechemia Goldberg, Rabbi Avraham Shlush, Rabbi Nachum Rabinovitch, and Rabbi Dr. Avraham Steinberg.

 

While Rabbi Moshe Feinstein, Rabbi Shlomo Zalman Auerbach and Rabbi Yosef Dov Solevitchik accepted brain-stem death as halachic death their positions are often challenged as being mischaracterized. Instead of revisiting their writings, as has been done ad nauseum, I think it important to note the oral testimonies given by people who spoke with them about this issue.  (All of the following oral testimonies are available to be seen on video at www.hods.org)

Rabbi Moshe Feinstein

Rabbi Moshe Tendler, Rabbi Mordechai Tendler, Rabbi Shabtai Rappaport, and Dr. Ira Greifer testified that they heard many times Rabbi Moshe Feinstein state that he was of the opinion, and rule in actual cases, that a person in a state of unconsciousness and irreversible cessation of respiration, as confirmed by brain-stem death, is halachicly dead – even though the heart continues to beat – and should be an organ donor.
 

The following is a partial transcript of Rav Dovid Feinstein’s emphatic and unambiguous testimony:

“My father’s position was very simply that the stopping of breathing is death. It doesn’t matter if the heart is functioning or not functioning… that is the way he explained the gmorah in Yoma… I don’t think anyone ever argued that point [when he was alive]. It is very simple - cessation of breathing. I don’t think anyone ever said any differently… it doesn’t matter if his heart is working or is not working. If a patient is available for a heart transplant… he would definitely encourage it.”

 

Rabbi Shlomo Zalman Auerbach

Rabbi Auerbach, after initially rejecting brain-stem death, ultimately accepted it as halachic death after the famous sheep experiment showed that a decapitated (thus ‘brain-stem dead’) pregnant sheep attached to a ventilator could have its blood pressure and heart beat maintained and fetus kept alive. He did, however, require proof that every cell in the brain was dead. He dictated his position to Rabbi Dr. Avraham Steinberg and had the ruling published in ASSIA magazine (no 53-54, 1994). Rav Steinberg states:

“Rav Shlomo Zalman Auerbach told me, specifically… I have written his words and he checked it and agreed for it to be published, and his position clearly was that the heart, per se, is not necessarily a sign of life and death. In other words, a person can be defined as dead even though his heart is still functioning. What is important to Rav Auerbach was brain function.”

 

Rabbi Yosef Dov Soloveitchik

There are students and family members of Rabbi Soloveitchik who claim they never heard the Rav accept brain –stem death as halachic death. This is not tantamount to asserting that they heard the Rav reject the idea. It is possible that those people simply never heard him state his position on the issue.

Since the RCA had a policy of accepting Rav Soloveitchik’s position on all halachic matters, Rabbi Benjamin Walfish, former Executive Director of the RCA, turned to Rav Soloveitchik when he was asked about brain-stem death by RCA member Rabbi David Silver z”l : Rabbi Walfish states:

“I met with Rav Soloveitchik in 1983…84 to discuss this concept of brain-stem death and Rabbi Soloveitchik told me personally that he accepted it… I’ll testify to that. As far as the gmorah’s definition of death, the Rav felt that it was the stopping of breathing that was the definition of death according to the gmorah [Talmud Yoma 85a].
…Rabbi Tendler told me about the Harvard criteria and brain-stem death and so on and I went to see the Rav on the subject…He asked me whether Rabbi [Moshe] Tendler is certain that this test [Apnea test]is conclusive without any doubt and that it has been tested and it’s accepted as conclusive proof that the brain-stem is dead.  I said yes. I offered to have Rabbi Tendler call the Rav and the Rav said no it’s not necessary. If Rabbi Tendler says this is so he knows what he is talking about in these matters and we can accept it.’ And that is when I wrote the letter to Rabbi [David] Silver explaining to him the procedure and telling him the exact language that should be written into the Pennsylvania law as the definition of death.”

 

Done with Brain Death

After all is said and done, there remains a legitimate halachic debate as to whether or not brain-stem death is halachic death. There are enough living halachic authorities on both sides of the divide that one is forced to recognize a plurality of halachic positions on this issue as there are with many halachic issues. The Halachic Organ Donor Society offers a unique organ donor card for the Jewish community that allows people to define death either at brain-stem death or at cessation of heartbeat.  At either point, one may become an organ donor and help save lives. No matter what your definition of death is, everyone is warmly invited to register for an organ donor card on-line at www.hods.org to fulfill the mitzvah of pickuah nefesh.  “Lo ta’amod al dam re’echa – Don’t stand idly by the blood of your brother.” Leviticus 19:16.

 

Building an Environmentally Sensitive Religious Community

 

Building an Environmentally Sensitive Religious Community

 

Inspiring a culture change in the Jewish community or even in a single synagogue is never an easy task.  In order for the Orthodox community to assimilate the values of the environmental movement, there will need to be a paradigm shift in the way that people think.  That change in attitude will likely take a generation.

Allow me to first outline three macro challenges that we face in broader Orthodox community.  After that I will talk about the challenges from the perspective of a single Orthodox shul – Kehilat Kesher: The Community Synagogue of Tenafly and Englewood.  Once we have an idea of what we are trying to overcome, I will share a few strategies that can work in a congregational setting.  I will conclude with a vision for a “green” future that must be embraced by every faith community if we want to change the world in which we live.

  1. Challenges that the “green” movements faces in the broader Orthodox community:

The first hurdle that we have to overcome is making this an Orthodox issue.  The reality is that the liberal Jewish community started the ball rolling and we are following them.  For the Orthodox community, that is always a scary reality.  We have to be able to get over our fears that bringing in great ideas from other denominations, or faiths, is dangerous.  The Coalition on the Environment and Jewish Life (www.COEJL.org), a pioneer in this field, has been articulating a vision of environmental stewardship in the language of the liberal Jewish Community.  Canfei Nesharim (www.CanfeiNesharim.org) has been translating this into traditional language and has shown tremendous leadership within the Orthodox community.  Their website is filled with helpful source material, essays and shiurim.

A second challenge, no doubt related to the first, is that there are no lines in the Shulchan Aruch or teshuvot that we can point to and say, “See, you must do this because of that!”  The Jewish conceptual basis grows from aggadic texts, values and broad concepts.  Many people are working on this and trying to produce a literature grounded in Halakha that can be the basis for future action.  Some of the most obvious halakhik concepts that can be mined are: ba’al tashchit (wanton destruction – see Rambam, Laws of King and War 6:8,10, Sefer Hachinuch #529 and Seforno on Deuteronomy 20:19), tza’ar ba’alei chayyim (causing animals needles pain – see: Exodus 23:5, Shabbat 128b, Bava Metzia 32b, Rambam, Hilkhot Rotzeach 13:1, Shulkhan Arukh, Choshen Mishpat 272:9 and the limitation of Rema Even ha-Ezer 5:14)) and harchakat nezikin (moving certain damaging industries out of the city center – see Bava Batra 22b, Rambam, Hilkhot Shechanim 11:5, Shulkhan Arukh, Chosen Mishpat 155:41).   

Finally, many of the issues that we are dealing with are still emerging from the world of research.  While there are studies that show, for example, that household cleaning products contribute to cancer growth, there are also studies that contradict these findings.  The Orthodox rabbinic community has to cultivate relationships with experts in the field of environmental science so that we can have a more complete picture of the issues at hand.  Just as we seek the counsel of doctors in issues of medical ethics we must find people who are leaders in their field and ‘make for ourselves a teacher.’ 

 

  1. Challenges within the congregational setting

When addressing these issues on the synagogue level there are a few additional hurdles.  First, the question of economics.  The reality of congregational life is that every dollar spent has to be justified.  When spending communal money nothing less should be accepted.  People have to imbibe the notion that spending money, time and volunteers on projects like recycling makes a difference.  Even when it might be the law on the city, people have to be inspired to take the extra step and separate all the different materials.

Second, shuls need strong leadership in this arena.  Since there are very few working models of what a ‘green’ shul should look like, this requires creative people who have an understanding of what is possible within the confines of daily shul life. 

Most shuls operate on a status quo model.  Much of what we do has been and has worked well for several generations.  Therefore, anytime a shul is asked to do something different, justification is necessary.  In order to affect a paradigm shift in the operations of the shul the rabbis and lay leadership must be educated and inspired themselves so they can educate and inspire the broader community.

  1. Affecting a culture change - one shul at a time

Allow me to attempt to lay out a systematic approach as to how one can go about greening a shul.

Step 1: Cleaning Materials.  This is an area in which there can be a serious change made and for very little money or effort.  Though above I mentioned that there are conflicting studies on the impact of house hold cleaners, I tend to be strict on matters of potential life and death (pikuach nefesh).  At this point, green cleaning supplies, when bought whole sale are not more expensive than the standard toxic cleaner on the market.  What could be more important than displaying sensitivity to those people who clean the shul?  In addition, the youngest members of the synagogue, who crawl on the floor and breathe in these toxins, are certainly a high priority for most synagogues.

Step 2: Lights.  Changing to high efficiency lighting and CFL bulbs is typically something simple to sell.  Though there are associated up front costs, the payback over the life of the bulb is visible on the energy bill.  This is something that can be done in a very public way, perhaps even associated with Hannukah.

Step 3: Recycling. The reality of most Orthodox shuls is that we just don’t take this seriously, even when it is the law.  The only way for this to work is to make sure that there are recycling bins for paper, metal and glass in as many places as possible.  They have to be prominently displayed with creative signs as well as reminders through out the building.  If there is janitorial staff they must be trained.

This is the first area in which there are potential conflicts with halacha.  If we are going to take recycling seriously, we have to look carefully at what we choose to bury as shemos and what we recycle.  Also, when we make copies or sheets to hand out, there is no reason to print God’s name so that all paper being produced by the shul should be able to be recycled.

Step 4: Energy Conservation.  There are three areas where this can be most effective: water, power usage and power sources.  Water can be managed with low flow faucets and toilets as well as lowering the temperature on the hot water heater to 110.  Grey water can be re-used from within the building for irrigation and toilet flushing. 

In order to maximize power usage a power audit is necessary.  Most audits will save money for the institution very quickly.  Placing thermostats on seven day timers and using timers for lights is good both for Shabbat as well as the environment.  Many power companies will now allow you to purchase power from renewable sources like windmills.  It is generally more cost effective to purchase this power from someone who is producing it on a larger scale than to generate power with on sight generators like solar panels.

Step 5: Construction.  This is the area that can be the most impactful.  The key to constructing an energy efficient building is hiring the right architect and contractors.  Most major architectural firms have the infrastructure to provide LEED (The Leadership in Energy and Environmental Design green building rating system was established by the U.S. Green Building Council in 1998) certification at only a minimal cost to the client.  For a synagogue to accomplish this there must be a strong desire on the part of the community, as there are associated costs.  However, the statement that it makes to the wider community is extremely important.  When places of worship of any kind display the courage of their conviction it send a message to members of the wider community of what can be done.

These fives steps – cleaning material, lighting, recycling, energy conservation and construction – are meant to be a model of how to move a community along the path of lowering their environmental footprint.  There may be additional steps to add along the way, but if you are walking this path, then you are moving in the right direction.

  1. Looking forward to a “greener” future

We are living in a society that is changing at an alarming rate.  Moore’s law tells us that the processing speed of the computer doubles every eighteen months to two years.  Population growth has been exponential.  The industrial revolution and the age of technology has elevated mankind in some parts of the world to unprecedented heights.  Global climate change is a reality that we are, for the first time in human history, able to impact.  And so we, the religious community, must ask ourselves what that impact should be?

We could choose the path of least resistance and continue the process of displaying our dominion over the earth (Genesis 1:26).  Alternatively, we could seek to embrace the command to work and guard her (Genesis 2:15).  It is my sincere hope and prayer that the Orthodox Jewish Community is able to show leadership in reclaiming the mandate of chapter two of Genesis.  Through our actions we can teach the world what it means to live the ethics of the garden of Eden.