National Scholar Updates

Reflections on a Changing Rabbinate

Rabbi Dr Reuven P Bulka CM Rabbi Emeritus at Congregation Machzikei Hadas in Ottawa, Ontario, Canada, is the author of many books and articles, has made 345 blood/platelet donations, is Chair of the Trillium Gift of Life Network (the Ontario governmental agency in the Ministry of Health and Long Term Care responsible for Organ and Tissue Donation and Transplantation), as well as being the founder and CEO of Kind Canada Généreux. He was appointed a member of the Order of Canada on June 28, 2013. He is married to Leah Kalish-Rosenbloom, and together they share many generations of offspring. This article appears in issue 25 of Conversations, the journal of the Institute for Jewish Ideas and Ideals.

Opening Reflection

The rabbinate is not a cookie-cutter vocation. Every shul is different, at the same time that every shul is similar to its counterparts.

Shuls in larger cities such as New York City, Los Angeles, Miami, Toronto, etc., are more likely to be homogeneous. In smaller cities, such as Dallas, Little Rock, Seattle, Ottawa, etc., Orthodox synagogues are likely to have a mixed population, including many members who do not identify as Orthodox. In the shul in Ottawa I have been privileged to serve, I reckon that maybe one-quarter of the membership identify as Orthodox.

Then why belong to an Orthodox shul? There are many possible reasons, including that it is where the parents belonged, or that they like the other rabbi less, among others.
This mixed multitude keeps a rabbi on the alert. Sensitivity to every congregant demands a more inclusive way of thinking. It is in congregations such as these that rabbis are most needed, and also most challenged.

Rabbinic authority can often be a casualty of these types of rabbinate. "What the rabbi says is the law" is not automatically true. Rabbis who think they have unlimited influence are quickly humbled when they try to stop a Kiddush Club that goes on in the middle of Shabbat and Yom Tov services. This can be true even in larger cities with more homogeneous memberships.

Of course, there are other issues, many of which are discussed herein. Rabbis do have influence, but they are best advised to use that influence judiciously, and not as an authoritarian hammer. That is a most crucial point that those entering the rabbinate need absorb, among other important points.

Much of what I share with you in this essay reflects the thinking of a rabbi who has held a pulpit in a small city environment. I have chosen to highlight several issues wherein the rabbinate has changed, but there is more that could and should be written on this. What is presented here is descriptive without being judgmental.

A New World

The famous witticism—Had I known I would live this long, I would have taken better care of myself—resonates with me as I begin this presentation. Had I known that I would spend over 50 years in the rabbinate, and had I further known that I would be asked to “pen” a retrospective on the rabbinate, I would have taken more notice of the changes.
The first thought that comes to mind is the pen. I am not penning anything these days. I am computering this piece. Pens are obsolete, as are typewriters, newspapers (soon), checks, land line telephones, and so forth. So much change has occurred outside the rabbinate, with implications for the rabbinate itself. What is not clear is whether it is for better or for worse, or both.

Time has always been a challenge for rabbis, i.e., how to fit so many obligations into a day. The computer came with a promise of so much time-saving—but not for me, or many of my colleagues. In the past decade, I average at least two hours a day on the computer, just responding to emails. Emails and other linking ways do connect us more easily, but that will never be a substitute for real, face-to-face interaction,

For rabbis, the universe has expanded. And the rabbi, like it or not, dare not detach from that universe.

One relatively trivial example: In the past, when reciting the Mi sheBerakh for those who needed a refuah shelemah (full recovery), we included congregational members, their families, and upon request, other people in the city. Now, thanks to e-communication, the list is international. That is good. But try telling that to congregants who think that having so many names to mention takes too much time.
Access to information means that the congregation knows whatever the rabbi knows—and probably sooner. The days when news commentary formed a significant part of the rabbi’s Shabbat morning address are just about over. Some would argue that it is a good thing, that rabbis should deliver only divrei Torah. I am not so sure.

On balance, the key to good rabbinic sermons is that they be insightful, relevant to living a meaningful life, related when possible to the goings on in the world, and inspirational. In that regard at least, not much has changed.

A Major Change

Arguably the major change in today’s rabbinate comes from other rabbis. Without entering into the debate as to whether or not it is a good thing, most congregational rabbis are almost instantaneously thrown into a competition with other community rabbis representing other, non-congregational institutions, for the souls of the community members.

Membership in storefront shuls, or less imposing and thus less financially draining structures, is usually much lower in cost, and the experience more leisurely, and more gastronomically enticing. The service is less formal, and therefore usually more user friendly. There is the added bonus of knowing that every year, honey, Hanukkah essentials, matzah, and other celebratory necessities will be provided, free of charge. Most congregational rabbis cannot compete with this, try as they may. It is time consuming, to say the least, among other challenges to keep up. Yet keep up they must, with at the very least other services that are deemed important by the would-be beneficiaries.

Whereas it was always desirable that rabbis be nice people, today this truism has been escalated a notch. Rabbis must be people pleasers—hosting, engaging, entertaining; whatever it takes to attract and maintain a healthy membership. Consider this not-unusual scenario: A member of a congregation is approached and cultivated by another, non-congregational rabbi. That rabbi would love the new recruit as a regular member in his institution, but the recruit feels a loyalty to the long-time rabbi at his regular shul. Then, for whatever reason, the congregational rabbi leaves the shul. A new rabbi is hired, who obviously has little connection with the members, including the fellow, or fellows, being recruited from the outside. But now, the outsider rabbi has the inside track, because he knows the recruit better than the new congregational rabbi. What happens, not infrequently, is that the newly hired rabbi has to deal with a mini-crisis of people leaving his new shul through no fault of his own.

This scenario can of course play out in circumstances not involving a second rabbi, such as people leaving because they are angry at the departure of the incumbent rabbi, who they think was nudged out, or ushered out. Whatever the case, rabbis not respecting the territorial integrity of other congregations because of the need to build up their own entity, and therefore having no hesitation to “raid,” is a phenomenon with which today’s congregational rabbis must deal. The best way to deal with it is by respectfully conversing with the particular rabbi and set up workable protocols for a viable modus operandi.

There is more. Rabbis today have another source of competition that rabbis of yesteryear did not have. It is what may be called the cyberization of the rabbinate. By mid-week, and at least a few days before any Yom Tov, everyone has access to wonderful thoughts and insights of great rabbinic thinkers. Sermonic volumes were certainly available 50 years ago, but mainly to a handful. The RCA Sermon Manual, for example, was for sale, but mainly rabbis bought it. If they “borrowed” an idea from there, hardly anyone knew. Today, this type of material is free, and readily accessible. Surely rabbis can use this material, but congregants will want more from their rabbi than the reiteration of what already appeared on the internet.

One can hardly criticize this easy availability. Torah ideas are being regularly shared, and that is a good thing. It just adds some extra pressure for today’s rabbi to produce original material.

On the other hand, the internet is a most helpful tool for rabbis, who can track down the most obscure sources and information in developing thoughts and themes. But as some have argued, rabbis need be wary that too heavy a reliance on the internet has a dulling impact on the thinking process. The internet, one way or another, poses challenges for today’s rabbi.

Many congregational rabbis being produced today are truly outstanding, and they can easily handle these and other challenges. But as with all professions, there are outstanding rabbis, ordinary rabbis, and sometimes less-than-ordinary ones.

Conversions

One of the major changes I have lived through is the conversion matter. When I started life as a full-time rabbi, getting involved in conversion was not on my to-do list. But in a small (relative to New York, Toronto, etc.) city like Ottawa, Canada’s capital, with its high assimilation rate, the only way not to get involved in conversion matters is by looking the other way, effectively not acting responsibly. In those days, rabbis prided themselves that they did not touch conversion.

Who aside from rabbis should handle this? And what right would we have to complain about non-halakhic conversions if those who would do conversions only according to halakha refuse to touch it? Because I could not fathom ignoring the issue, and the families affected, I decided to become involved, by teaching candidates in Ottawa and sending the candidates to a Bet Din in Montreal for finalization of the process. After a number of years, the Montreal Bet Din with which we coordinated giyyur ceased to function, so the entire giyyur became a “made in Ottawa” endeavor. That too stopped when the giyyur issue exploded a number of years ago, and the question of whose conversion was bona fide and could be recognized underwent a wholesale review.
It was clear that different Orthodox rabbis had different requirements for conversion.

For various reasons—not the least of which was that Rabbinical Council of America endorsed conversions be accepted by the Israeli Chief Rabbinate—a more streamlined approach to conversion was introduced, with regional rabbinic courts established under the auspices of the RCA. Independent Orthodox rabbinic courts now operate with no guarantee that their conversions will be “recognized” by the Israeli Chief Rabbinate, which is the apparent gold standard for conversion. The merits and demerits of this new approach have been debated quite vociferously. I do understand that standards are necessary, and that there is benefit in the new approach. But I yearn for the time when rabbis trusted each other to the point that colleagues accepted each other’s conversions even if the standards differed.

Abuse

We grew up thinking that paradise on earth was living in a Jewish home. That is where tranquility abides, where peace and harmony prevail, where children flourish. I remember the shock I experienced when I learned about the high incidence of abuse in the Jewish home, reaching 25 percent of the Jewish population. I was skeptical almost to the point of denial, but it has become abundantly clear that if anything, it is worse. We are talking of all sorts of abuse—verbal assault, including insult, threat, vulgarity; physical assault and sexual attack.

There is no immunity in the more religious community. Actually, the more fundamentalist one’s faith, the worse is the danger of abuse. This is a harsh, painful, but true reality. Most of us have stories of this, either of the first- or second-hand variety. We can hide behind the convenient curtain of “I refuse to hear ill of others.” But closing ourselves from listening has no currency when lives are at stake. Thankfully, rabbis are listening more these days, but not always. Friendships get in the way, as well as other considerations, including fear of losing one’s job. But does anyone deserve a job such as being a rabbi when rabbis are obliged even more than others to preserve and protect the community?

This reality, with all its devastating implications, is another example of rabbinic agenda items of which we were not forewarned before we entered the rabbinate. But that was then. Now, rabbis need to know that it is unlikely they will go through a rabbinic career without encountering abuse in the home, and in the community, including Jewish schools, and sometimes involving respected members of the community.

The most fundamental rule for rabbis is this: If someone comes crying for help, take it seriously. If you hear of abuse situations, do not wash your hands from doing what you can.

Intermarriage

I have purposefully placed the matter of intermarriage right after the issue of abuse. The two may seem unrelated, but they are connected. I have no statistics to back me up, nor is what I am herein suggesting necessarily reflective of any intermarriage of which I am directly aware. But I have a sense that many intermarriages are the result of abuse. Children who grow up in abusive homes have no reason to want to emulate that upbringing. Quite the contrary, they want to run as far away as they can. Intermarriage is the easiest way to do this, especially when they know that the parents do not want that to happen.

The late great sage, Reb Moshe Feinstein, zt”l, is reputed to have given a most insightful explanation as to why many children of Sabbath-observant families coming from Europe in the twentieth century left the religious fold. He suggested that many of these Sabbath observers would lose their jobs on Friday, when they told their bosses that they would not be in tomorrow because of the Sabbath. They were told, “In that case, do not bother coming in on Monday. You are fired.” Many Sabbath-observant homes then became repositories of melancholy, as Friday night was spent lamenting the loss of the job, and the difficulty in facing a jobless future. Instead of Friday night being a joyous coming together, it became a dour, bleak, depressing event. Who would want to perpetuate the dour Sabbath in their own lives? This is the paraphrase of Reb Moshe’s observation.

With the incidence of abuse in Jewish homes hovering around one-third of Jewish homes being affected, I strongly suspect that the same question is being asked by today’s generation who grew up in such homes. Their response, in many instances, is to say, “Goodbye, Judaism, and good riddance.” Although this observation may seem startling, it should not be. The logic is simple. If we begin with the premise that many intermarriages are the result of being turned off by Judaism, and if we further factor in the high rate of abuse, not to say unhappiness, in the Jewish home, why would we not think that the being turned off is as a result of the abuse, the unhappiness, and the silence of those who should be screaming from the rafters.

In general, when the connection to Jewishness is tenuous, and when the availability of potential Jewish partners is quite low, as is the case in smaller communities, you have the further makings of a perfect storm to generate a very imperfect situation. In smaller cities, the intermarriage rate, even if it may not be much more pronounced than in larger communities, is more heavily felt. In larger cities, the homogeneous make-up of the typical Orthodox shul is reflected in the lower intermarriage rate within the congregation. After all, the intermarriage rate among the Orthodox is significantly lower, as per the by now famous Pew report. In smaller cities, with a high percentage of the members of an Orthodox congregation being non-Orthodox, there is likely to be more intermarriage within the congregation.

What is a rabbi to do? Obviously, the rabbi cannot endorse, support, or even tacitly approve of intermarriage. At the same time, condemning the intermarriage poses great risk of alienating the family. Today’s families have essentially moved far away from rejecting their intermarrying children. No matter how distant they may be from these children (in most instances, they are not at all alienated), they make the conscious decision that they do not want to “lose” their children.

No rabbi would dare suggest that the parents renounce their children. The counselling conversation in this setting focuses on what can be done to make the best of the situation.

Divorce

It is difficult to gauge the divorce rate in the Jewish community. In the greater community, most statistics point to a rate approaching 50 percent. This means that almost one out of two marriages ends in divorce.

Recent findings suggesting that the rate has spiked, and that matters are improving, offer little comfort. The reason for the comfort being small is that part of the reason for the “improvement” is because people are delaying marriage, so that fewer years are spent in marriage, thereby lowering the possibility of divorce.

Within the Jewish community, the rate may be a tad lower, but only a tad, if that. It is generally assumed that the rate of divorce among the more religious is lower, but this does not mean that the marriages are happier. There is hardly a rabbi who is so fortunate as to have no divorced members in the congregation.

Most rabbis must deal with divorce, and it is not an easy matter. Battle lines are drawn, accusations and recriminations abound, and the warring parties seek out allies to support them. Often, the rabbi is dragged in to the mess. As much as rabbis are advised to stay out of the fray, it is not always that easy. Whatever side the rabbi takes is guaranteed to create friends and enemies, not a good scenario for congregational harmony. Having the skill, based on good training, to handle these situations well, is another newer reality rabbis confront.

An added complication is what I have termed get abuse. This is when one of the parties, usually but not always the husband, refuses to grant or cooperate in the get process, thereby standing in the way of the spouse remarrying. Ironically, this is more likely to happen in more religious circles than in secular Jewish circles. When it does happen, it can be terribly painful and frustrating. Welcome to the rabbinate.

Another new issue in the matter of divorce is the rabbi’s own marriage. The pressures of the rabbinate today create sometimes inordinate demands on the rabbi’s time and emotions. These can drain the rabbi, leaving little left for the family. The resultant tensions can literally be devastating. Many rabbis have built-in protection against this potential intrusion, including having a day off every week for home matters only. The six-day-a-week rabbi is for many a necessary invention. It is part of a concerted effort to assure a good quality of life for the rabbinic family.

Israel

What a blessing it is to have a vibrant State of Israel. The re-establishment of the State of Israel has been a game changer for the Jewish community. Who can forget the life-saving reality of Israel welcoming the Jews of what was then the Soviet Union? What would have happened to them had they not come to Israel?

Israel has come with many challenges, but all these challenges are worth it if we contemplate the alternatives. Israel is the country of refuge that my grandparents never had—nor did the six million. We are living the miracle. Nothing that I can think of regarding Israel as a true blessing matches the enormity of this life-saving that defines Israel.

But there is more, much more. We are all connected to Israel. We have family and friends in Israel. We are inspired by Israel, by its extraordinary achievements even at the same time as it is under constant attack and threat. We, like the rest of the world, benefit from Israel’s technology and medical prowess. Indeed, we are proud.

But Israel also places upon us a heavy responsibility. As much as Israel guards over us, we must stand guard for Israel. No rabbi can function legitimately as a congregational and communal leader without having concern for Israel as a major priority. In Israel, its citizens are under constant assault. Outside Israel, this tiny speck on the globe is under constant verbal assault, alas sometimes even from within Jewish ranks.

BDS is too often promoted, even led, by Jews. Rabbis must be involved in this ongoing battle that immorally attempts to de-legitimize Israel, be it from BDS, distorted reporting, false accusations, and so forth. The reality of Israel as part of our lives is a welcome addition that we embrace. We must embrace the challenge to this reality with equal vigor.

Orthodoxy’s Success

When I entered the rabbinate 50 years ago, I, along with many other colleagues, was under the impression that we were fighting a losing battle. Orthodoxy, compared with the other trends within Judaism, comprised a miniscule part of the population. Our days were numbered. After all, how could Look Magazine be wrong?

Here we are, 50 years later, with Orthodoxy thriving, and the other trends struggling to know what is the secret to its success. Look who is wrong!
I firmly believe that there is no secret and no shortcut. The Orthodox, to a greater or lesser extent, all made living Jewishly the central motif of their lives. They did so not as a technique; they did so because that was the right way to live. The rest is history.

There is no city in North America with more than 5,000 Jews that has no Day School. Freedom of religion has almost totally eliminated any possibility that observing the Sabbath will impact on one’s employment. Visibly identifying as Jewish rather than hiding it became the in thing, media-wise and otherwise. Jews counted, and Jewishness mattered.

Tens of thousands of food products are today certified as kosher, and not only for the Jewish market. Jews make up only one-quarter of the kosher consuming market. Even for millions of non-Jews, kosher matters; Jewish values matter.

We dare not be triumphalist, not as rabbis, not as human beings. We cannot gloat at the failures, or lack of success, of others. They are our brothers and sisters, part of the larger Jewish community. We are responsible for everyone, however distant.

A key arena wherein this plays out is in the home. Many Jews are returning to their roots. I hesitate to refer to them as ba’alei teshuvah, since that literally means “masters of return, of repentance.” No one is such a master. Repentance is a never-ending process. These returners often face a problem—can they return to their homes? After all, the parents do not observe the Sabbath, but they do. The parents do not abide by the kosher regulations, but they do. And on it goes. Often it is the rabbi who serves as the go-between. This is a new reality, and a challenging one. Getting the older generation to bend a little, and accommodate, and at the same time making sure that the returners are respectful of their elders, is not an easy task. But it is a necessary task, sometimes involving delicate negotiations, hand holding, reassurance, and respectfulness for people whose lifestyle one disagrees with on principle. But whoever said being a rabbi is easy?

Influence of the Outside World

When we were young, the question of who was welcome in the congregation was an issue. Should we allow people with beatnik hairstyles into the congregation?! That was the question, at least as far as I can remember. But the concern, in retrospect, seems petty.

Today, alternate lifestyles of all varieties give rise to a similar question, and even more so in smaller cities. What are rabbis to do? Personally, I find it hard to justify barring anyone from entry into a synagogue. Which Jew is so perfect as to be able to say that the not as perfect are not welcome? And what values do we make mandatory for entry?
Truthfully, if we made Sabbath observance, for example, a requisite, many shuls in smaller cities would be empty. Does that mean that we endorse the desecration of the Sabbath? The question itself is absurd to the point of not deserving a response. The world around us is changing, and concomitantly, its values are changing. The challenge of addressing this changing reality sensitively and effectively is daunting, but it cannot be avoided.

The allure of the outside world, previously not easily accessible to Jews but now so readily available, has contributed to the alarming rate of attrition within Jewish ranks. Massive efforts to head this off, to bring Jews back, particularly the younger generation, have been launched, most notably Birthright. As of now, we cannot tell how successful all these efforts will be. But the laudable move to save our posterity has created an interesting phenomenon; that is, Jews who are being paid, or subsidized, to stay Jewish.

Will this translate into a generation that will not want to pay dues to join a shul, or send their children to Jewish schools or camps? There are signs this might be happening. Rabbis are well served to be alert to this. It may be that the old model of how shuls worked needs adjustment at least, and possibly even more dramatic change. Another change for rabbis to contemplate.

But with all the changes and challenges, the rabbinate remains a calling that is full of promise, and a way of life that is so meaningfully rewarding.

A Final Thought

Today's challenges are somewhat different, as is the idiom of the time. Joining a shul is no longer a given. Many in this generation think they can manage without shul. Rabbis today face the newer challenge of convincing a sceptical sector of the community that shul is important, even necessary.

What has not changed is that each generation has its unique challenges, including ours. Consider, for example, that because of influences outside the immediate community, sacred values such as burial and shiv'ah are no longer slam dunks. Some Jews are opting for cremation, and a truncated shiv'ah, what I call a sheloshah, if not less. Rabbis can ill afford not to be prepared for the reality that what they may take for granted, congregational members seriously question, if not reject outright.

Like all previous generations, rabbis are well served to meet and address these challenges by understanding them, and by having the skill and the wisdom to best overcome them. In all matters, there is no better base from which rabbis should begin, and within which to operate, than by being sensitive, caring, dedicated, and kind. That will never change.

Two Voices

As I ponder the essence of Judaism, and how Orthodoxy has evolved since I was a student at Yeshiva University, I hear two distinct voices that emerge from those 11 years (1962–1973) spent at several schools of YU. I hear a voice of love and a voice of fear, mixed together, and an underlying tension that was inevitable in a clash of these two powerful energies. I was exposed to many great rabbis and professors in my years at YU, and I would like to share some seminal ideas that have remained with me, and describe some incidents that occurred that illustrate these ideas, trends, and tensions during my residency, which included studying at Yeshiva College, the Semikhah program, Revel, and Wurzweiler. I was also a dorm counselor and moderator of the Friday evening oneg Shabbat programs in the dorm. I will point out how I think there has been a shift in the balance of these energies over the years. I was privileged to live through the depth and complexity of these different forces.

One emergent idea that felt true to me was that Judaism was not monolithic but had different emphases expressed by different sages with different temperaments. One could resonate with one side of the polarity, or bear the tension of both. There were always the gentler rulings of Hillel and the stricter rulings of Shammai, sometimes at odds, sometimes integrated but always there, joined together as a whole. Some of us were drawn toward one side of the dialectic, and others toward the other; but in the final analysis we had to yield our personal proclivities to the majority of redacted opinion in the Law Code. Interestingly, even the opinion given for why both majority and minority opinions were redacted in the Mishna varied. One view is more “conservative,” positing that the reason is to show that the minority opinion has already been thought of and rejected, so as not to use it as a precedent for changing the final law, and the second view is that it was redacted to show it contains a verity, a seed of truth, that may potentially be used as a precedent in different conditions.

The two major energies of love and fear dwelt as a constant. When balanced and honored, they served as a healthy reality where each individual’s temperament could be satisfied; but when one energy ascended to power at the expense of the other, an intolerance prevailed that was harmful to the development of students and perhaps the “living” tradition.

YU itself, in those days, was looked at by the more conservative Yeshiva World, as somewhat deviant from tradition because of its integration of Torah uMada, and honoring of both Torah and secular knowledge, even if the former was primary and the latter was to increase new insights. Eventually, the impact of the more stringent energy entered the walls of the yeshiva and became increasingly present. (I will illustrate this later, and give some reasons for it.)

As stated, I think both emphases are valid voices in Judaism, and are healthy when they are in balance. I once heard a talk by Rav Aharon Feldman, when I studied in Israel for two years after graduating college, which explained these two energies in the name of the Maharal.

He said that there are two Messianic figures (Mashiah ben Yosef, and Mashiah from the tribe of Yehuda), who represent two valid ways of bringing holiness into the world. Yosef’s temperament was to perfect the world through withdrawal, exemplified by his retreating from Potiphera as he escapes from the clutches of evil. He utilizes fear, and creates fences to shield himself from distracting influences and creates holiness in this separated state. Yehuda, on the other hand, perfects the world through entering it, by bringing the light into the darkness. He utilizes love as a force to reveal the image of God dwelling within each human being, even those who appear darkened. Both energies are essential, and can be positive forces; but I think this is only true when we can each recognize their validity and respect them. It is truly difficult for these different temperaments to sometimes recognize the unique importance of each other, and thus when they separate and do not dwell together, extremes develop which create discord rather than harmony. Perhaps the Mashiah can only come in reality when this fractured harmony (already present in the destruction of the second Bet haMikdash) is healed, when acknowledged difference can be accepted and honored.

We see the positive dimension of difference many times in the Torah, for example, the different flags of the tribes in the Midbar. Our Torah commentaries also point to the wisdom of the different voices contributing different insights into the whole, promoting growth and glory to the Creator. This notion proclaims that unity that results from diversity is much stronger than a unity that emerges from repression of difference. We see this many times in the Gemara as well, where “both these and those are the words of the living God. A good example is found in the tale of the Oven of Akhnai (Baba Metsia 59a–b) where we learn that the creative voices of the individual sages are honored by God even more than the heavenly Voice. For the Torah was given to human beings to work on, imbibe its wisdom, and build more wisdom based on its holy words and teachings. This suggests that we are partners with God in creation. The world is not fixed or completed without our contributions including our creativity in extracting truths that are not only manifest but that lie dormant in the Torah. The story of Moshe and Rabbi Akiva in Menahot 29b illustrates this as well, as Moshe acknowledges that R. Akiva, in the future, will create insights that had not been available to him.

But alas, our different temperaments influence us to see what we want to see even in our zeal to find objectivity in the data that we encounter, and we tend to ignore teachings that do not fit in with our personalities or proclivities. Thus it is essential to keep opening our awareness and to keep growing to expand our vision and our hearing, to face our fears and resistances to change as the story of the Ten Spies/Princes (meraglim, Numbers 13) teaches. The ten spies saw the data from a place of fear and self-interest and encountered a very different reality from Yehoshua and Caleb. It is so challenging to see and hear clearly when all the varying sounds of our ego abound. It takes work to refine and be aware of our subjectivity and hear the sound of the great shofar, which contains all the sounds of the world within it, the unity within the diversity, as the dross is removed from the greater truth.

The Torah suggests that at Mt. Sinai we had the capacity to “see the sound of the Shofrot” (Ex. 20:15); we were in a state of such enlightened connection— “Vayihan’ sham yisrael neged hahar,” “And we dwelt as one by the mountain,” (Ex. 19:3)—that our hearing was attuned to (we actually saw) the Unified Voice beneath all the divergent opinions. Both these and those are the word of the living God when we are connected.

Today, even within the Orthodox community there is lack of connection, and certainly our relation with different parts of the Jewish community has been fractured, severed, shattered. How different are we from the sin’at hinam of the Second Temple? How much do we desecrate by creating groups and factions (agudot, agudot, Yevamot 13b) that are not connected—violating the prohibition of “lo titgodedu”(Deut. 14). We are taught to be supple as a reed and not hard as a cedar.

When there is an extreme imbalance in our community, not allowing different voices to be heard, this disparity leads to different groups emerging as an attempted corrective. In our Orthodox community we have had the Hassidic movement, which arose as a corrective to the aristocracy of the learned, and to the recognition of the worthiness of the ignorant and impoverished. Prayer, emotional expression, and joy were reemphasized in the face of a respect saved only for the learned. The Mussar movement arose when certain religious leaders experienced a lack of moral sensitivity even among those who studied Torah and perceived halakhic practice as merely habitual group practice rather than self-transforming. The Prophets inveighed against those who observed commandments selectively, keeping ritual details but neglecting the poor, the powerless, the outsiders. Sometimes, if we are insular and self-congratulatory, we may be blinded to some areas where we have neglected growth and chosen insular security. Moreover, closed groups or communities lead to entropy, obviating new energies that lead to growth within the community.

It is understandable why some of these insular trends have arisen in our communities, and that YU has been caught in the middle of them and influenced by them. The Enlightenment increased assimilation and threatened the continuity of Judaism. Withdrawal was a natural response. Science threatened to dismiss non-empirical data as unreliable and argued that the subjective reality of faith could not be verified. Freud dismissed religion as a childish need for the protective Father, and its detailed mandates as a form of obsessional neurosis to ward off chaos and meaninglessness.

The Holocaust and radical evil introduced doubt and eclipse of God, a hester panim, that had to be addressed by withdrawal and strengthening of holiness and communal support. It was as if Amalek struck the Jewish soul. Not only did Hitler physically destroy millions of our people, but the soul and the energy of faith was also severely attacked. As the Hassidim teach, Amalek in Gematria is 240, the same numerical value as Safek, or doubt; if radical evil exists in the world then the glory of God is diminished. So there had to be a strengthening of faith through stricter practice and adherence to the details of the Law. We all became ba’alei teshuvah, and the secular world was defined as “evil,” value laden with materialism and sexual perversion and immodesty.

Moreover, the rise of the ba’al teshuvah movement, where adherents were less exposed to the dialectics of the Talmud but wanted the finality of the halakhic decisions to guide their practice, removed some of the expansiveness of the plethora of views. Furthermore, the time spent in learning in yeshivot in Israel after high school rather than after college brought students with greater commitment to spending time in the Bet haMidrash during their college experience and more intense religious fervor imbibed from their learning in Medinat Yisrael. The ideal of Torah uMada was a different concept than total immersion in learning Talmud. Very subtly, dress codes also changed in the community as a result of more of a “group think,” and a sense of wanting to belong. People feared being seen as lesser in observance or deviating from the norm. Finally, I think another factor that emerged at YU was that when the Rav, who was a consummate model of Torah uMada, passed away, the students who studied Talmud and posekim day and night became roshei yeshiva. They were not as drawn to secular studies as a complement to Torah study, but were more inclined to view secular studies as either a waste of time or as potentially antithetical to the fundamental principles of belief and practice that demanded constant commitment. A certain nostalgia for the great academies of Eastern Europe as the ideal emerged, and the Torah uMada model was seen as a lesser model of what could and should be achieved by a system geared to produce Torah scholars. It was forgotten that it takes greater courage to rule with leniency than severity. The roshei yeshiva naturally were less exposed to the challenges of congregants who faced complex decisions, and thus they found it more natural to make stricter decisions than pulpit rabbis. These strict decisions and customs became the norm in areas of kashruth (glatt), synagogue practices (mehitsot and sound systems), and community education where prevalent themes of discussing the halakhic intricacies such as the removal of bugs from vegetables replaced relevant ethical concerns in the community, even during the week preceding Rosh haShana.

Let me now turn to some examples of the clash of energies that I experienced at YU during my years there. During the Vietnam war there was some question as to whether it was permissible to protest against the war if it meant taking off time from Torah study. There was a shiur given in Lamport auditorium where the whole school was gathered to address this theme. This was very unusual, to say the least, but it was felt to be a significant issue only to be decided by the highest authorities. One of the roshei yeshiva declared in his shiur that because of the halakhic mandate of aivah (fear of what the Gentiles might say if we sat passively on the sidelines), it was permissible to participate in a timely manner in the protest; another rosh yeshiva agreed with the decision but for a different reason, a more powerful reason, from the pole of ahava. He based his shiur on a Maharsha at the end of Yevamot who declared that any decision (halakha) that does not lead to peacefulness and harmony is not a true halakha. I appreciated the clarity of this pesak, because it came from a deep understanding of the purpose of halakha: to promote peace and harmony, and thus to elevate the name of the Lord in the world; rather than a utilitarian decision protecting the safety of our people.

Another salient event was the publication of an interview of Rabbi Yitz Greenberg in the Commentator in the late 1960s. In it he articulated views that were controversial to the more stringent core of students and faculty. It touched on themes that were relevant to several modern issues facing the community and issues that were debated through the centuries; subjects such as revelation, relations with the Christian community, roles of women within Judaism, biblical criticism, and so forth. His progressive views touched on the underlying tension between these two poles within YU, and there was a robust outcry on the part of the more fundamentalist voices that these views were heretical. They were voiced in the Letters to the Editor in the Commentator.

Rav Aharon Lichtenstein wrote a rebuttal of many of Greenberg’s positions in a following issue of the Commentator. It was a rich debate teasing out many salient disagreements on fundamental issues. While both brilliant scholars adhered to the authority of the halakha, their approaches were very different. Rabbi Greenberg, trained as a Harvard historian, was by temperament very optimistic, and believed in the capacity of change inherent in the halakhic system. He acknowledged historical influences and posited a value-oriented approach to halakha. He pointed out the subjectivity in the development of halakha in Responsa literature, viewed it as dynamic, flexible, and open to human needs and changing circumstances affected by socio-cultural transformations. He was sensitive to the scholarly historical research originating in the nineteenth century, and balked at the idea that the halakhic method was an exact science where its practitioners were insulated from subjective or external considerations. He suggested that they are also human beings influenced consciously or unconsciously by life’s realities and the concrete situations in which they find themselves. Their goals did and should influence their rulings which included their values as well as pure legal theory. Without this capacity for flexibility and adaptation within the system, halakha could become burdensome in these new living conditions. And he bemoaned the fact that the contemporary gedolim were not utilizing their capacities to respond to issues that needed halakhic intervention. I believe it was Greenberg’s humanistic, optimistic nature, and his belief in the human being’s capacity and responsibility to partner with God in a continued revelation of bringing progress and healing to the world that were the foundations of his position.

Rav Lichtenstein’s position emphasized that although change was valid, it can never be at the expense of rejecting or distorting halakhic norms in order to satisfy contemporary demands. Whenever the halakhic decision-making process is carried out with integrity and full scholarship it is never a process of deliberate change in conformity with shifts in taste or new social conventions. It is always was motivated to shape contemporary life in accordance with the values of the Torah. It assumes the absolute authority of the norms of the Torah and the mandate to apply these norms to the ever-changing developments in societies. He posited that it was an error to begin with a desired conclusion and then try to justify it by means of halakhic dialectic in order to support a previously held viewpoint. The law must always be determined on its own merit and we must then be bound by its voice. We are also bound by its rules of procedure pronounced by our Sages, which includes precedent and consensus. And the most essential vector in his point of view is that caution in the face of change, is not only due to the need for legal stability, but the belief that the Word of God is unchanging. It is heretical to deny Rambam’s position that the Oral Law is of Divine origin and that the rabbinic enactments are binding. He emphasized the inherent caution of the gedolim was not because they opposed change, but because of the awareness of the importance of making correct decisions that are in accordance with the tradition. So trepidation and patient adjudication were at the root of the posek’s work. Two different poles, caution (Lichtenstein) vs. empowered action (Greenberg) clash here and create inherent tension, rather than a Hegelian synthesis. This is a major challenge. Can these two different temperaments, two different points of view live side-by-side with respect and imbibe from each other’s energies so as to balance and temper extremes, or is only one view looked at as legitimate in the Orthodox camp?

Greenberg responded to his critics that he was being misunderstood in some particulars but that his main point is that he saw talmudic discussions and the halakhic process as the creative thinking of human beings in relationship with the divine Torah, and that humans are given the divine right to partner with God in decision-making. Flexibility and adaptivity are gifts of God empowering human beings to foster societal progress through the values of the Torah. Moreover, he felt that we should be self-critical, out of love, so that we can address contemporary issues in a more assertive, humane, caring way as representatives of Torah, promoting the highest values of our tradition in the world.

Part of this debate is a never ending argument of how much of a role do humans play in the Sinaitic and ongoing revelation. Whose voice is primary? The contemporary, modern human leaders who view themselves as partners with God in carrying out the mandates of Torah; or the ancient voices and decisions of the Talmud and sages, whose authority is stronger and must be obeyed in all situations? How is the halakhic process viewed by these different thinkers, and can they both be given credibility? Or is there a right way and a wrong way? There are those who experience the voice of God in the halakha, and those who experience God in different realms, such as philosophy, psychology, literature, mysticism. Are they mutually exclusive? The original version of Torah uMada accepted the legitimacy of a wider, encompassing view; but I think the view of caution/yir’ah has overtaken the view of ahava these days as the more authentic, legitimate expression of Orthodoxy and thus thinkers such as Hartman, Rackman, Berkovits, and Wurzburger, who expressed similar conceptualizations to Greenberg are not in the forefront of Orthodox thought, but the teachings of the Rav (viewed through a particular lens) and Rav Lichtenstein, Rav Shechter, and Rav Willig are singled out as more accurate progenitors of genuine Orthodoxy.

Of course, there is a great complexity and thus disagreement over whether there is complete objectivity in the halakhic process, or greater weight given to the human being’s ability to creatively change the law for the sake of the benefit of the individual through takanot, gezerot, hora’at sha’ah, and so forth. One might ask as Dr. Gerald Blidstein did, “Are there not meta-halakhic categories where hashkafa plays a role?” And if so, who is empowered to make a decision there? There are divergent opinions on this. The scholars argue that only the recognized sages are empowered to make these decisions and the synagogue rabbis argue that since they are closer to the people, their decisions are more reality-based and humane.

Another area of contention is our perception of the nature of human beings. Our beliefs impact our behaviors. Can we use principles within the halakhic system to alleviate problems that affect the Jewish people and the world, or is the world an evil place whose values are to be shunned? What is it that motivates us? What is our deepest belief? Are we humanists, who utilize religion to express our humanistic beliefs, or are we true believers, who will give up our views and needs because Tradition mandates (demands) it. Probably the marriage of these two views would be helpful and complementary, but marriages can be contentious even with commitment. This discussion in the Commentator alerted us to the Two Voices that called out to us, each with overwhelming strength.

Perhaps the most extreme and frightening moments in the dorm discussing this Commentator debate arose when we entertained the possibility that the disagreements between the right- and left-wing Orthodox ideologies were so different that it would be better to acknowledge this and go separate ways, i.e., define these movements as two distinct movements. For the primary ideology in the more right-wing community is based upon belief; either one has it or one does not. Belief in Sinai and the oral tradition as God-given: There could be no compromise with this truth. The participants in this system ingest this value, and then it becomes a group of true adherents with the pressure that a group brings on its members, and a psyche that is ruled by a strong superego that dominates it.

The Modern Orthodox group may not have this absolute belief, but they have a faith in the teachings of the Torah and sages as evolved and holy and thus are committed to follow these laws because of the divine truth that emerges from the corpus of its teachings. It gives up the absolute certainty of the right wing, but derives its meanings from the resonant values that it pursues and sees God’s presence in this. The gain for this group is a sense of authenticity even within the struggle. These are very different guiding principles. After nights of debate we concluded that Orthodoxy contains both energies, which breeds an inevitable tension, but manages at most times to survive and thrive as a community, unless the boundaries become too taut, and then one part of the system breaks off and forms a new movement. We were determined to remain connected because of our love for the Jewish people.

Another event at YU also cried out with the pain of conflict. During this period of time, Stern College students at the downtown campus were asking for permission to take classes at the Yeshiva College campus uptown, for they felt limited by course offerings and felt deprived of taking courses with professors and rabbis who were highly respected. There was increased discussion of the possibility of the women being able to come uptown to take courses, and the Student Council was asked to also take a vote on the matter. It was an important vote that could impact the future policy of Yeshiva. It appeared that the majority of the students felt it only fair that the Stern College students should have the right to take classes on the uptown campus. But right before the final vote, Rabbi Shlomo Riskin, who was a dorm counselor at the time, made an impassioned speech to the students condemning the idea since the socializing between girls and boys would detract from the kedushah of the yeshiva. The suggested move was voted down in a dramatic close vote, and the energies of progressive change and the maintaining of the status quo clashed. Both energies had merit, there was no judgement of castigation of the differing point of view, but it was another indication of the intensity of two voices that dwelt within the yeshiva. I believe it was a turning point in strengthening the status quo and if the vote had gone the other way, a new atmosphere would have entered the gates of the yeshiva. But it was a moment of integration and respectful dialogue and thus it was a good moment at YU.

On the other hand, there was some disrespectful extremism, one pole not connected to the whole, that took place right after this. There was a wonderful, humble religious scholar who taught at the Revel Graduate School named Rabbi Meyer Feldblum, who lived in Washington Heights and davened with the YU minyan on Shabbat. He taught a class on Rabbinic Literature and introduced some ideas that were thought to be heretical to the fundamentalist group. He suggested that it was erroneous to declare, “Judaism says this, or Judaism holds this way,” for he taught that different scholars held different opinions and had different voices, and it was more accurate to say the Rambam in the twelfth century says this, and Rabbi Akiva in the first and second centuries says this. He taught about different layers of the rabbinic tradition, and some felt that it was too close to the historical school of Judaism, more akin to what the Jewish Theological Seminary was teaching. So a few zealous students began to march in front of his classroom in an attempt to boycott his class. He was also a Kohen, and they said he should not get an aliya because he is a heretic. Most students ignored these few students, or were angered by their behavior, and it reinforced their anger toward bigotry and intolerance. But it was a seed that was being planted in which some students were fearful of sharing thoughts that would be perceived as heretical, learned to be quiet, and more sadly this schism began to create different factions that were no longer willing to dialogue with each other as their positions hardened.

After graduating college, I studied in a yeshiva in Israel for two years, and entered the YU Semikhah program while working as a dorm counselor. In Israel, at Mercaz Harav, I was exposed to the teachings of Rav Avraham Yitzchak Hacohen Kook, and to the classic Mussar teachers. Although in the Yeshiva world, there was some feeling that one did not need Mussar, I felt touched by its teachings and emphasis on character development. So when I returned to YU, a group of students used to gather in my room at night and we used to study Mussar (Rav Dessler, Mesilat Yesharim, Hovot Halevavot), and the mystical, poetic teachings of Rav Kook. We began to feel that in addition to our formal observance, we needed a greater emotional connection to the spiritual voice found in the Torah. There was some connection that was developing between our spirituality and our need to concretize this energy into social action. But once more there were two voices.

Parts of the yeshiva world condemned Rav Kook as too universal and too accepting of the emerging modern voices in Israel. They marked up his sefarim with graffiti. The bulk of the yeshivot also did not give much credence to Mussar; the ideal was to learn Talmud day and night. But some did not have the talent nor the temperament for this; they were drawn to philosophy, the mysteries of the human condition, and the inner calling to contribute to the healing of the world. But their voice was not as honored as those dedicated to talmudic learning. There was actually no reason to reject different factions if one thought more deeply about it since we were all God’s creatures and if we were studying Torah it should be logical to embrace and honor each other. But as R. Yisrael Salanter taught, “A human being is just a drop of rationality in a sea of irrationality.” So my friends and I decided we should continue to study Mussar and try to grow as much as we could and contribute to the world.

Subsequently, we formed several Mussar projects. One was called Project Ezra where we pledged not only to continue our Mussar study, but to move down to the Lower East Side and work to help the elderly in a settlement house downtown. This project was supported by the Jewish Federation. We also decided to write a Mussar Anthology. Rabbi Hillel Goldberg edited it, and it was published by Harwich Press. It contained articles by people interested in Mussar from both right-wing and left-wing communities. In addition, we decided to compose a ‘chain letter (before the days of the computer), in which we would send our ideas about Judaism to one another and each person would comment. I was engaged in a very interesting dialogue with Rabbi Yechiel Perr from Far Rockaway in which we expressed differing views on Judaism and its practices and philosophies. Although he lived in the world of the right-wing yeshiva, and I lived in the world of Torah uMada, we were able to respect each other’s differences and remain in dialogue for a period of years. One of our basic differences was that he felt that the purpose of Judaism was to create an eved Hashem (servant of the Lord), and I favored the idea that our purpose was imitatio Dei, “Just as God is compassionate so must we be compassionate.” Obviously, these ideas were not mutually exclusive, but the disagreement highlighted a preference for submission to the yoke of the mitzvoth vs. a preference for character refinement as the goal of Judaism. The point here is that though these ideas led to very different emphases, practices and outlooks, we were able to accept each other’s differences and respect the other, even though we differed temperamentally and philosophically. The yir’ah and the ahava dwelt together in this case, but it was an exception rather than a rule.

Three other minor events reflect this ongoing tension at YU at that time. One was that during my years in the semikhah program there was some feeling among the more Mussar-oriented students that the curriculum in the semikhah program should be adjusted to include more courses relating to the contemporary needs of the community. The formal curriculum was based on the yeshivot in Eastern Europe, and we felt it could be adjusted a bit. I was to write up this proposed curriculum and publish it in the Commentator. The article suggested among other things a shift from Yoreh Deah to Hoshen Mishpat, some Mussar, and so forth. At the same time, however, Hillel Goldberg began to publish an underground newspaper entitled Pulse, and I chose to publish it in Pulse rather than the Commentator. Because of the stronger energy to maintain the status quo at the yeshiva, I was not hopeful that change would occur, but I felt that a seed should be planted. Pulse did not last too long, and perhaps in retrospect, I should have published it in the Commentator, but this is an example of the strong power of precedent that was the stronger voice at YU. When I spoke with a rosh yeshiva about my view that this older model was an educational model set up for the one percent who would emerge as gedolim at the expense of the many who are deprived from spending more time studying other areas of Judaic thought, he answered, “Yes, and this is how it should be. Without the great scholars there would be no Judaism.”

On the other hand, the voice of greater inclusivity and the importance of social action did have its place, though in a lesser role. One example was when a fire broke out in the library of JTS, and we received a call in the dorm late at night asking if some students would be willing to come down to help salvage some of the books. This was very unusual, for most of us had never entered the premise of JTS, nor did we had contact with non-Orthodox seminary students; but after a phone call to the Rav, we were given permission to go down and help during this emergency crisis. Although flames and water destroyed or damaged over 120,000 volumes, half the waterlogged books were salvaged through a simple but time consuming process, blotting each page of each book with a paper towel, and then drying the books in a hot room.

Yeshiva College responded to JTS’s plea for help, and hundreds of YU students
spent hours aiding in a very tedious job helped by refreshments provided by JTS. This was an unusual incident that touched on the energies of yir’ah (are we permitted to even enter the JTS seminary) and ahava, an act of kindness to help others with a different philosophy and to save holy books.

Of course, ongoing acts of social action were expressed in the activities to save Soviet Jewry. Though there was initially hesitation to get involved, for many of the leading rabbis said it may be counterproductive and interfere with the secret work being done to smuggle Jews out of the Soviet Union, an amazing man named Jacob Birnbaum visited our dorms alerting us to the immense importance of pidyon shevuyim, and many of us in the yeshiva at that time joined the SSSJ (Student Struggle for Soviet Jewry) and protested regularly with other Jews.

This partnering with other Jews in social action projects also led me to join a group of Jewish student leaders in pressuring the New York Jewish Federation to adjust their spending priorities to bestow more money to aid Soviet Jewry and Jewish Education. Their budget had been heavily involved in subsidizing hospitals and social service projects but almost negligible in support of these Jewish essential interests. After a year of dialogue with the Federation leaders and little progress, we planned a protest at their New York headquarters, informing the New York Times and the press of our intentions to close down their operations for the day. We succeeded to both get arrested for a few hours and achieve front-page coverage in the Times, which led to the ceding of money to Soviet Jewry projects and aid to Jewish educational institutions. I mention this as an example of an energy of progressive action to improve society and overturn injustice that also dwelt within the walls of the yeshiva.

After setting down some examples of two strong voices in the Jewish Orthodox world that I experienced at YU and perhaps a trend that may have strengthened one pole (yir’ah) more than the other, there has currently emerged a movement to create a new Modern Orthodox voice today as exemplified by Yeshivat Chovevei Torah and Maharat founded by Rabbi Avi Weiss; by the Institute for Jewish Ideas and Ideals founded and led by Rabbi Marc Angel; and by the International Rabbinic Fellowship, founded by Rabbis Angel and Weiss. There is Itim in Israel led by Rabbi Seth Farber working to welcome converts and free agunot. We also can point to the rise of the rabbinic group Tzohar in Israel, as well as the Beth Hillel organization there. A resurgence in Modern Orthodoxy is emerging.

The more liberal voices in the Orthodox community have often been ignored or quashed. As an example, a few years ago on Shabbat, I attended Beth Jacob in Los Angeles on the Shabbat of Rabbi Rackman’s yahrzeit. The President of YU was the guest speaker that Shabbat, and the rabbi was a musmah of YU. But Rabbi Rackman’s name was not even mentioned. His points of view were not recognized as an integral part of the Centrist Orthodox community. The reality is that we rarely hear about Rabbi Rackman, Rabbi Greenberg, Rabbi Hartman, Rabbi Berkovitz, Rabbi Wurzburger in Orthodox circles; but we hear the names of the gedolim, such as Rav Soloveitchik and Rav Moshe Feinstein. But now new institutions such as YCT have arisen, and new voices emerge. The kol demama daka returns from exile and both the ahava and yir’ah are combined. The balanced, living halakha leads to peace and pleasantness.

Rav Kook taught that creativity and wisdom are strengthened in an atmosphere of freedom and respect (Orot, vol. 1:177). Both bina (rational differentiation) and hokhma (intuition and imagination) can be truly honored in Modern Orthodoxy and integrated to produce da’at, a full wisdom that honors both sides of the gestalt. The Hassidic commentaries, which tease out psycho-spiritual wisdom, can be studied along with Mitnagdic wisdom and Sephardic wisdom so that a multiplicity of voices can be heard.

The firmness of the legal mind and the flexibility of the psychological mind will marry again to produce harmony and creativity so that extremism is diminished. This tension of the opposites will lead to greater creativity and new solutions to age-old problems that are not solved by retreating to isolated, safe, like-minded enclaves. As R. Yisrael Salanter taught, “Rather than worrying about another person’s spiritual level, and your own physical needs, worry about another person’s physical needs and your own spiritual level.”

Yes, in the exposure to the modern world, our beliefs have encountered challenges as new information and shifts of values emerge. Yes, we have to differentiate which practices and beliefs can fit into accepted norms and traditions in this encounter. This is very challenging, but debates and dialogue can lead to new insights, expansions, and deeper conviction about formerly held ideas. There will always be a tension between choice and yielding to authority, between different temperaments; but this leads to advancement and new insights.

The Hassidim teach us that the Torah begins with a bet and ends with a lamed, lamed-bet spells lev, heart. The Torah is a heart book; the more human you are the more Jewish you are. As the story goes, a student of the Rif ran to him in excitement and told his rebbe, “I just went through all of the Talmud,” expecting praise. And the Rif replied, “But how much of the Talmud went through you?” Let us learn to love each other with all our differences. This is the spirit that will usher in the Mashiah.

The Secret to a Successful Sephardic Community

Emily K. Alhadeff is the editor of Jewish in Seattle magazine. Her writing has appeared in Conversations, Tablet, The Times of Israel, Religion & Politics Magazine, and Moment, and she writes regularly for Microsoft/stories. She lives in Seattle with her family. Thanks to Al Maimon for his assistance with this story. This article appears in issue 25 of Conversations, the journal of the Institute for Jewish Ideas and Ideals.
When Rabbi Solomon Maimon returned to Seattle in 1944 from Yeshiva University in New York, where he had been the first Sephardic rabbi ordained in the United States, the Jewish community looked quite different than it does today. Clustered in the Central District of the city, the community was split down Ashkenazic-Sephardic lines. Life congregated around the synagogues, and families—embracing the free public school opportunities—had the option of sending children to the Seattle Talmud Torah two or three times a week for a supplemental religious education. It was also a time of rapid Americanization, as seen in the conscious shift away from the Ladino language in favor of English.

Rabbi Maimon, who came as a young boy with his family from Tekirdag, Turkey, in the 1920s, became instrumental in building a sustainable environment for Sephardic life to flourish. His recipe for success never changed: engage the kids, hire good teachers, and, “if it costs too much, you’re going to get the board yelling at you.” Notably, he also succeeded at understanding and working with the Sephardim of Seattle on their varied levels of religiosity without compromising his own commitment to halakha. As a result, the Seattle community today is diverse, welcoming, and more or less unified, in which many define themselves not by denominations, but simply as proud Sephardic Jews. In the living room of his modest home facing Sephardic Bikur Holim Congregation in Seward Park, where he held the pulpit until 1984, Rabbi Maimon, now 96, reflected on the early part of his career.

A stopover in Detroit on his way home from New York in 1944, where he had spent eight years studying at Yeshiva University, inspired Rabbi Maimon to return home and be a leader of Seattle’s Sephardic community. “The situation here was that they had nice people, but not trained as rabbis or hazzanim,” he said. “Some of them had enough education to teach. They wanted to keep the Sephardic community alive with its own hazzanim. Detroit happened to be one of the communities that had wonderful rabbis, a wonderful Day School. I said, ‘That’s it, when I get to Seattle, I’m going to try to be their rabbi.’” He proposed to the Seattle leaders that they give him a chance for two years. “I’m going to try to concentrate on the youth,” he told them. “If you think I’m doing well and you want me to continue, fine.”

Rabbi Maimon was hired by Sephardic Bikur Holim almost immediately, a position originally held by his father, Rabbi Abraham Maimon. He got to work engaging the kids with Sunday trips and lessons; and soon after, he was among the initiators of the first Jewish Day School in Seattle. The resistance was mighty, though: The new Americans valued the free public schools. Public education was a part of becoming an American.
“If you want to stay Jewish and be Jewish and learn Jewish, there’s only one way,” Rabbi Maimon said. He speculates that had he not come to Seattle and pushed for a structured Jewish education, half of the children growing up in the community and in public schools would have made haste for a Reform of Conservative congregation—or for no religious community at all. “The only ones that would stay would be the ones who like to read,” he said. “This way, everybody stayed. I said, ‘We’re going to prove to everybody that this is the way to go. We’re going to teach the boys and girls so much Hebrew in the first six months that we’re going to make a play in Hebrew.’ They did their job.” He remembers the audience’s astonishment at the students’ Hebrew production. “The guy who was against me, he says, ‘You won, Rabbi. In fact, I’d like to be the president of the school.’ I said, ‘You’re welcome. You deserve it.’”

In 1947, the city saw the opening of the Seattle Hebrew Day School in the Seattle Talmud Torah building at 25th and Columbia, and around 1974, the school moved to its current home in a stately old building eventually bought from the Sisters of the Sacred Heart. In 1969, the school changed its name to Seattle Hebrew Academy, and it remains a prominent K–8 Day School. “Only good teachers, that’s the secret,” he said. “Never mind how important they are, or how they look. Everybody in the school has to be a good teacher. You have the neshama of the kid, and if you’re not a good teacher, forget it.”

Around 1956, Rabbi Maimon moved forward with his next plan to engage the youth with Jewish life, and he launched the first Sephardic Jewish camp for three days on Vashon Island, a short ferry ride from Seattle, at a Baptist retreat site. “The best thing I did in my life was to start the summer camp,” he said. “Everybody loved the summer camp. The Reform and Conservative already had camping. I said, ‘They are smart people.’”

The camp, being Christian, could have been an obstacle, but Rabbi Maimon pushed past it. “We went to Vashon, and we saw crosses on some of the buildings,” he recalled. “The other rabbis turned around and said, ‘Not for me.’ It’s okay for me; it’s only wood, you know. I said, this is it, we have to go here all the time, and we eventually got two weeks. In this Baptist campground, we’re going to teach our kids something Jewish.”

He reminisced about the stunts they pulled to excite the kids. “We had one fellow who was in the Navy,” he recalled. “I said, ‘You know what’s going to happen Friday? He said, ‘No.’ I said, ‘You’re going to take your helicopter, and we’re going to buy a bunch of candy.’” According to his story, before Shabbat came in, the young soldier circled above the camp and tossed candy down to the kids.

But the two weeks spent at camp were not just thrilling for the children. “We had the involvement of all the older women, the old tias [aunts]. They wanted to come and do all the cooking,” Rabbi Maimon said with a laugh. “One Friday morning, [some kids] caught fish. We said, ‘Good, give it to the ladies; they’ll cook it.’ And the ladies cooked it. They caught their own Shabbat meal. Imagine that!” Rabbi Maimon repaid the women for all their help at camp, by offering them lessons in Hebrew and other subjects, resulting in a graduation ceremony. “The ladies had so much fun, they didn’t sleep much.” Sephardic Adventure Camp continues to thrive today, meeting for two weeks each summer—although the camp has long since changed locations, and will start a new chapter in Mount Rainier National Park this summer.

Members of Seattle’s Sephardic community occasionally reflect on a time when the synagogues held dances for the youth—something taboo today. Rabbi Maimon wasn’t sure that coed programming was right, but he knew it was what he had to do to get the kids coming back. He offered a story about a Sukkot event, where he ordered the youth to go to a dance in the social hall. “‘I’m going to lock it, and nobody gets out until they have a date,’” he recalled. “That’s what happened. They came for Sukkot, they got a date, they had a dance afterward, and we served them good stuff.” It’s a powerful example of the rabbi meeting the community where it was and seeking a creative solution to the never-ending problem of Jewish dating. “On Yom Kippur I repented,” he said. “I told God, ‘I’m wrong, but you put me in charge here, and I say, I have to do wrong to get right.’ It’s going to bring them together to marry each other, and that’s what they did.”

To this day, children lead the Simhat Torah services in both Sephardic congregations in Seattle, a custom that Rabbi Maimon initiated. With the help of his leadership and philosophy, Seattle’s Sephardic community is not just a place with a few Sephardic synagogues, but rather a place with a vibrant Sephardic intellectual and religious community, which is cohesive and resists falling into denominational categories. Rabbi Maimon credits that original stop in Detroit with this success. Other cities with Sephardic communities are not nearly as active because they lacked that engagement with children, he claims.

To drive the point home, Rabbi Maimon recalled a baseball game he once organized. It was parents against kids. “I was with the kids,” he said. “What happened? I hit a home run. They’re still chasing the ball. If you know how to play with them, you’ve got it made. That’s it, my dear. Every place that didn’t follow that strategy, they’re having problems.”

Annual Report of our National Scholar, Rabbi Hayyim Angel

Rabbi Hayyim Angel is National Scholar of the Institute for Jewish Ideas and Ideals. He serves as Rabbinic Scholar of Congregation Kehilath Jeshurun in New York, and also teaches Tanakh at Yeshiva University. A masterful teacher, his classes, lectures and writings reach many thousands of people throughout the world.
To our members and friends,

I now have completed my third year of working as the National Scholar of the Institute for Jewish Ideas and Ideals. It has been an honor and privilege working to promote our vision nationwide primarily through teaching, and also through writing and creating internet classes. This report summarizes my various projects and activities over the past year.

This past year has witnessed remarkable progress in terms of focusing our classes and programs toward articulating the vision of the Institute. We have found a new home and partner at Congregation Kehilath Jeshurun in Manhattan, we have been working far more extensively running teacher training sessions with future educators and rabbis, and our classes are geared toward promoting the specific values of our Institute.

Our partnership with Congregation Kehilath Jeshurun has grown beautifully over the past year with my serving as the KJ Rabbinic Scholar. We held a symposium on bringing peace through Torah, led the History at Home lecture series, and had a weekly survey of the Bible that integrated the best of traditional and academic scholarship. Over thirty members of the Kehilath Jeshurun community have joined the Institute over the past year, and we look forward to more joining us in the coming year.

My major areas of focus have been:

• Teacher Training:

o One of our central goals is to train other rabbis and educators to spread Torah to schools and communities. In this manner we create bridges with many people in the field to work together, and have a great impact on students and communities across the country.

o A highlight of this year was a teacher training session via Skype to educators of the Academy for Jewish Thought and Learning in Cape Town and Johannesburg, South Africa.

o I taught a course on “How to Teach Bible in Synagogues” to the Graduate Program in Advanced Talmudic Studies (GPATS) at Stern College for Women.

o I participate annually in Yeshiva University’s graduate program in Experiential Education.

o I participate annually at Yeshivat Chovevei Torah’s Bible Study days in June.

o I gave two lectures at the Allegra Franco School of Educational Leadership in Brooklyn, NY.

• Community Education:

o There is a serious thirst for the kind of learning represented by our Institute, and a sizable number of communities have invited us. Through a combination of scholar-in-residence programs and lectures in different communities, we reached thousands of interested adults directly in the past year.

o In addition to the weekday programs that generally are held in the New York Tri-State area, it was gratifying to visit communities as a Shabbat scholar-in-residence in Los Angeles, CA, Memphis, TN, Hollywood, FL, Nashville, TN, Silver Spring, MD, Brooklyn, NY, and Stamford, CT.

• Publications:

o I am in the final stages of a commentary on the prophetic books of Haggai, Zechariah, and Malachi in the context of the Second Temple Period. It will be published by Maggid Press in Jerusalem.

o I have begun working on a volume on the central values of the Institute and how they foster communal unity without conformity. We hope to publish it as a special issue of Conversations in January.

• Internet Learning:

o We have significantly expanded our Online Learning section on our website, https://www.jewishideas.org//online-learning.

Below is an itemized listing of the various classes and programs over the past year.

• May 23-25: Shavuot scholar-in-residence at the Young Israel of Century City, Los Angeles CA.

• June 28-29: Three lectures at Yeshivat Chovevei Torah Annual Bible study days.

• July 1: Lecture for Yeshiva University’s graduate program in Experiential Education.

• July: Seven lectures to create online video classes for Aleph Beta (alephbeta.org).

• August 17: Lecture at Congregation Etz Chaim in Queens NY.

• October 14: Lecture at the Allegra Franco School of Jewish Leadership in Brooklyn, NY.

• October 23-24: Shabbat scholar-in-residence at Congregation Anshei Sfard Beth El Emeth in Memphis, TN.

• October-November: Three lectures on how to teach Bible in Synagogues to the Graduate Program in Advanced Talmudic Studies (GPATS) at Stern College for Women, Yeshiva University.

• November 13-14: Shabbat scholar-in-residence at the Young Israel of Hollywood-Fort Lauderdale, FL.

• November 21: History at Home Lecture at Kehilath Jeshurun in Manhattan.

• December 6: Lecture at Congregation Hochmah U’Mussar in Brooklyn, NY.

• December 17-18: Shabbat scholar-in-residence at Congregation Sherith Israel in Nashville, TN.

• January 15-16: Shabbat scholar-in-residence at the Kemp Mill Synagogue in Silver Spring, MD.

• February 2: Lecture at the Young Israel of Oceanside, NY.

• February 20: History at Home Lecture at Kehilath Jeshurun in Manhattan.

• March 13: Teacher training to educators of the Academy of Jewish Thought and Learning in Cape Town and Johannesburg, South Africa.

• April 5: Lecture to the Yeshiva University Women’s Group in Manhattan.

• April 6: Lecture at the Allegra Franco School of Jewish Leadership in Brooklyn, NY.

• April 8-9: Shabbat scholar-in-residence at the Kingsway Jewish Center in Brooklyn, NY.

• May 8-22: Three-part lecture series at the Young Israel of Jamaica Estates in Queens, NY.

• May 15: Symposium on Peace through Torah, at Kehilath Jeshurun in Manhattan.

• May 20-21: Shabbat scholar-in-residence at Congregation Agudath Sholom in Stamford, CT.

Most frequently, I served in my capacity of Rabbinic Scholar at Kehilath Jeshurun. This involved speaking in the KJ Sephardic minyan weekly and giving regular classes in KJ.

I also continue to teach courses to advanced undergraduates at Yeshiva University. For the coming semester, I will be teaching a course on the opportunities and challenges that arise from the interface of traditional and academic Bible study. I look forward to bringing elements of that course into future teacher trainings and scholar-in-residence weekends throughout the country.

Thank you all for your support and enthusiasm, and I look forward to promoting our Torah vision for many years to come.

Rabbi Hayyim Angel
National Scholar
Institute for Jewish Ideas and Ideals

Review of Rabbi Marc D. Angel's New Book: The Wisdom of Solomon and Us

Dr. Israel Drazin is the author of thirty-five books, including about a dozen on the Aramaic translation of the Torah called Targum Onkelos, about a half-dozen commentaries on biblical books, about a half-dozen that offer rational approaches to Judaism, and three books on the twelfth century philosopher Moses Maimonides, published by Gefen Publishing House in Israel. His website is www.booksnthoughts.com.

The Wisdom of Solomon and Us
The Quest for Meaning, Morality and a Deeper Relationship with God
By Rabbi Dr. Marc D. Angel
Jewish Lights Publishing, 2016, 204 pages
Reviewed by Rabbi Dr. Israel Drazin

The Bible describes God granting King Solomon the gift of wisdom. As a result, a tradition ascribes the authorship of the three biblical books Ecclesiastes, Proverbs, and Song of Songs to King Solomon. Each contains wisdom, but each has a different tone and style. Ecclesiastes is philosophical and cynical, Proverbs speaks of proper behavior in pithy statements, Song of Songs is a lyrical love poem. Another tradition states that Solomon wrote the three books at different life stages prompted by his thinking and needs at each stage. He composed the love poems in his youth, he focused on behavior in his maturity, and in his old age he became cynical and derided the vanity of luxuries in his Ecclesiastes.

Marc Angel is the founder and director of the Institute for Jewish Ideas and Ideals (jewishideas.org), which offers intelligent and informative weekly articles, publishes books, arranges lectures, and more. He is the past president of the Rabbinical Council of America. In his new book, he suggests that the sixteenth century Rabbi Moshe Almosnino of Salonica’s order is more realistic than the traditional one. Solomon wrote Ecclesiastes as a young man when he was searching for truth and life’s meaning. As a king in his middle years, seeking to improve his people’s behavior, he wrote Proverbs for them. When he attained old age, he wrote a love poem, which the second century sage Rabbi Akiva described as “holy of holies,” and said it is a metaphorical yearning for the love of God. Rabbi Angel orders his penetrating comments on these three books of wisdom in the Salonica rabbi’s order.

He gives readers 67 short essays, most with interesting, heart-warming stories, on how Solomon’s ancient wisdom can be used beneficially by people today. He offers insightful thoughts by Jewish and non-Jewish thinkers – such as Herman Melville of Moby Dick fame, the anthropologist Margaret Meade, Rabbi J. B. Soloveitchik, and many more that bring the chapters’ lessons to life – always within the framework of rabbinic tradition.

For example, he explains that the rabbinic sages included the skeptical Ecclesiastes in the Bible to make “a tremendously important lesson: honest questioning is a legitimate aspect of religious life.” He answers the oft-asked question: “Does any human life really matter in the overall scheme of things.” He quotes the novelist Peter De Vries: “that you can’t go home again is a truth inseparably linked to the fact that neither can you ever get away from it.” He discusses Immanuel Kant’s claim: “Out of the crooked timber of humanity no straight thing is ever made.” He notes that a wit once commented that people seek longevity even though they don’t know what to do with themselves on a rainy Sunday afternoon. He wonders why it is that the United States that represents only five percent of the world’s population has 62 percent of the world's school and workplace shooters.

Religion, he states, is at its best when it contributes to our sense of happiness and well-being. It isn’t wrong to eat, drink, and be merry, but it is wrong to overindulge. Maimonides wrote that joyous festivals are indispensable for people. Yet, psychologist David Myers found that although physical conditions in America have improved dramatically over the past decades, Americans are not happier.

People approach religion and its celebrations improperly. August Strindberg wrote in his play The Father: “It is strange that as soon as you begin to talk about God and love, your voice becomes hard and your eyes full of hate.”

A Catholic student once observed that God shows us the obstacles in life, but does not tell us how to overcome them. However, God teaches us how to learn. Solomon, as interpreted by Angel, tells us how to deal with life’s problems and be happy. He mines the books of wisdom and shows how Ecclesiastes helps us understand life’s meaning and mission, how Proverbs teaches the maintenance of a healthy society, and how Song of Songs can aid us in achieving a soul-satisfying relationship with God.

God gave Solomon wisdom and he shared it with us. We can all learn much from that ancient wisdom, as Rabbi Angel has applied it to modern day life.

Ten Commandments for Being a Successful Rabbi

Rabbi Joseph Radinsky, of blessed memory, was one of the outstanding rabbis of the American Orthodox rabbinate. Since 1963, he had been a pulpit rabbi, 13 years in Lafayette, Indiana, and 40 years in Houston, Texas. He had served on almost all the boards of the Jewish organizations in Houston, and authored a number of books and articles. This article appears in issue 25 of Conversations, the journal of the Institute for Jewish Ideas and Ideals. Sadly, Rabbi Radinsky passed away before his article was published, and we post it on our website in his memory.

1. Always Be Prepared to Help Resolve Conflicts.

A. There are always going to be conflicts among members over different details of simchas or other issues. Many times, they will turn to the rabbi for a resolution of these problems. Never turn them down. It is important to know that the rabbi cares. For example, they may have a dispute with the dues evaluation committee or with the Sisterhood or with another member. As long as you lend a sympathetic ear and try to settle the problem, even though your efforts may be futile, the member will know that you tried and his anger will be assuaged.

B. Make sure when it comes to policy matters that you clear everything with the board and president. For example, I wanted to start a nursery school when I first came to my synagogue. This was a policy matter, not a halakhic matter, and I was able to get it through by promising to be financially responsible for the teachers, equipment, and so forth. Of course, when it became a big success, the shul absorbed the school 100 percent. The point here is, do not try to implement policy matters before you consult with the president and board.

C. If you want to make any halakhic changes, please consult with the ritual committee and the president of the board, but the decision is yours. You are in complete charge of kashruth, Shabbat, personal status, and so forth, as well as who speaks from your pulpit. Do not let them take the power away from you, but do it in a nice way. However, if it is only an optional halakhic matter, then do not try to make a change without a consensus. For example, some women wanted to carry the Torah through the women's section. Today, we walk the Torah through the women's section. You could argue that it is more halakhically correct for the women to carry the Torah, and not for the men to walk it through the women's section. You can also argue the opposite. By the women carrying the Torah, they are actively participating, while when the Torah is walked through the women's section, the women only kiss the Torah but are not actively holding it. Since there was lots of opposition, I did not allow the women to take the Torah and walk it through the women's section, but I did allow the men to walk it through. This seemed to satisfy everyone, but it was my decision.

2. Listen to Everybody Politely When They Give You Advice, But Then Do What You Think Is Best.

There are people in our congregation who always come up with halakhically neutral suggestions on davening. Most of them are not particularly good ideas. Occasionally, they will come up with a good suggestion, which you should then implement. However, most of the time, you should not outright reject the suggestion, but say you will consider it and will talk to people about it. If they then persist, say it is not practical to implement it at this time, but you will keep it in mind. There are some nudniks, though, who are constantly pestering you. Just let what they say go in one ear and out the other. They can always bring halakhically neutral suggestions to the ritual committee, and when the ritual committee comes to you, you can veto them if they are not suitable.

3. Do Not Always Believe People.

Many times, people tell the rabbi what they think the rabbi wants to hear. Also, they may tell the rabbi what they think the congregation needs, although they themselves will not participate in it. For example, many times people have asked me to hold classes on the laws of Shabbat and kashruth, etc., and then never show up themselves. Also, they will say my sermons should deal with the minutiae of keeping Shabbat, when they are not really interested in it. This, of course, is not the purpose of a sermon. The purpose of a sermon is to elevate people, to make them learn something about themselves and their tradition, to make them feel good about the future, to give them hope. Also, when people make you personal promises, do not believe them. For example, if they say, "Oh, I have a condo. Call me and use it any time." Never call them. Wait until they call you and invite you for a specific date. People make all sorts of promises they cannot keep or will not keep because it was a spur of the moment thing. Never hold people to these kinds of promises. So many people have told me, "Rabbi, when my grandson gets married, or my daughter graduates from college, you are going to be there." They never send me a ticket, and I never go. Of course, many times people have asked me to do their wedding out of town, and they do send me tickets.

4. Make People Feel Good.

A. People, after talking to you, should feel good, even if you have to tell them no, even people who have double-crossed you. One of the hardest jobs of being a rabbi is that at a meeting one night the person who told you to push through a certain agenda cuts you off at the knees and leaves you dangling. He completely double-crosses you. The very next day, he will ask you for a favor, and you have to do it. If you cannot do it, if you bear a grudge, you will have a tough time being a rabbi.

B. When people come to you with their problems, make sure they leave feeling better than when they came, even if you cannot solve their problems. The very act of talking to you sometimes helps them. People who come to you with all sorts of health problems, such as advanced cancer, try to give them some sort of hope, not fake hope. People who come to you with problems with children, etc., even if you have to tell them they are wrong, do it in such a way that they know that you understand that they are trying, even though they made bad decisions.

C. The rabbi should never take credit for anything, but he should give it to those who helped him.

5. Always Encourage Women to Participate in the Synagogue.

A. Encourage women to serve on the board, not just the Sisterhood, but throughout the congregation. Encourage their comments. They are almost all college graduates with professions.

B. Never discourage a women's tefilla group, especially for bat mitzvahs. In our constitution, it says that women are entitled to have a women's tefilla group except for Shabbat mornings and holiday mornings, with Simhat Torah being the exception.

C. When women come to you for counseling, be very careful. Many times, they are very hurt and want to be held. Never do it. Keep two feet on the floor and two hands on the desk. Make sure that you never counsel a woman when you are alone in the shul. Also, try whenever possible to keep the door open at least a crack, even when your secretary is next door.

6. Be Friendly with Everyone in the Shul and the Community.

Be friendly with everyone in the shul, even those who disagree with you politically and even halakhically. Just because they disagree with you does not mean that they cannot be your friend. Many people will disagree with you on some issues, but still have confidence in you to come to you with their problems and have you officiate at their special occasions. Just because they may disagree with you is no reason for not making them feel that they are part of the shul. Make sure that you send letters to everyone in the congregation and your friends in the community if they or their family have a new baby, bar mitzvah, bat mitzvah, wedding, wedding anniversary, graduation, etc. Of course, make sure you send consolation letters on the loss of a loved one. Make sure you go to shiva minyans, and are available to help with tombstones, etc., as well as to be available for grief counseling. Also, make sure you write thank you notes to everyone who has done something for you or the shul.

7. Let Everyone in the Shul Who Wants to Do a Project Do It.

A rabbi does not have to be involved in everything. Let anyone start a class teaching Torah in the shul, assuming he or she has proper knowledge to do so. The more classes, the better. Let anybody who wants to be involved in different tzedakah programs, like visiting the sick, collecting food for the poor, helping with elderly. As long as it is halakhic and moral, let the people use their talents and release their energy to enhance the programming of the shul.

8. Do Not Become Associated with One Group in the Shul.

People should not feel that you are only the rabbi of this or that particular group. When you come to kiddush, speak to everyone. Make sure especially that you talk to the older people who many times feel shunned because they are no longer in control. Make a big thing of everyone's children. Ask about everyone's family and health, etc. Do not let anyone in the shul think that you only care about a few families or one segment of the shul. Greet everyone in shul with genuine warmth. Try to connect with everyone. I always shook the hand of everyone who came to the morning and evening minyans before the services started.

9. Always Try to Help People Solve Their Problems as Long as the Solution Is Halakhically Possible.

A. Many times people will come to you with halakhic problems. If there is a way to solve these problems halakhically; definitely do it. However, if there is no way to solve these problems halakhically, do not be afraid to tell them so in a nice way. Many times these problems cannot be solved. Sometimes you have to tell them to throw away dishes and pots. Sometimes you have to tell them they cannot marry this individual because the halakha does not allow it. Do not be afraid to tell them that this problem is not solvable if it is not solvable. However, if halakhically it can be solved, make sure you let them know that the problem can be solved. You do not have to accept strict positions just to satisfy two or three people in the community. People should have confidence in your learning, and then they will go along with your decisions. However, do not, as I said earlier, effect halakhic changes in the shul without consultation. Do not spring anything on the shul unawares; and do not make your decisions retroactive. If things have already been promised and they are halakhically correct, they should be upheld.

B. Also, remember that you do not work from 9 to 5, and if people have problems, you have to take care of them, no matter what time it is or what day it is. They may even come knocking at your door on Shabbat.

10. Do Not Fraternize with the People in the Shul Too Much.

Do not be one of the boys. If you act like one of the boys, they will treat you like one of the boys. You should be friendly with everyone and invite them to your house and accept invitations, but do not play cards with them. Do not go on individual outings with them. Make sure they call you rabbi. You must protect the office, even though it is all right to be informal. I, personally, am very informal. However, everybody knows there is a line and nobody violates that line. It is like with your children. You are pals with your children, but at a certain point, you are not their pal but their authority figure. I, personally, never attended board meeting in the synagogue because I knew that I would be drawn into foolish arguments, and I would be just one of the boys. A rabbi should not be involved in policy matters, like what color the kitchen should be painted, or what the dues structure should be. The rabbi should only be involved in dues when members approach him and tell him they lost their business or they are losing their house or getting a divorce. This is no longer a policy matter but a halakhic matter of human dignity. Members will call you about everything, and you should listen to them. If they have problems with policy, you should tell them to call the president or committee chairman, but you should also tell them that you will inform the president and the committee chairman that this person is unhappy. My guiding rule has always been: Help everyone but trust no one! Do not let them use their friendship with you to cause you to make unsound decisions; that’s why you have to maintain a distance. You are not their buddy; you are their rabbi. It does not mean you cannot enjoy their company but you have to maintain a distance.

May-June Report of our National Scholar, Rabbi Hayyim Angel

Rabbi Hayyim Angel
To our members and friends,

We had a fabulous symposium on Sunday May 15, featuring Rabbi Chaim Steinmetz, Ms. Miriam Berger, and myself at Kehilath Jeshurun in Manhattan. One of the central goals of our Institute is to bring peace and mend rifts through Torah scholarship, and our symposium continued to promote this idea. The lectures are posted in our Online Learning section of our website, https://www.jewishideas.org//online-learning.
We thank the Rudin Family Foundation and Jon and Rachel Sopher for sponsoring the event.

Over the summer, I will be working on a book that explores the core values of our Institute so that we can disseminate it to a wider public. It will appear as the January 2017 issue of Conversations. Dedication opportunities are available, please contact me at [email protected].

Looking ahead, I will be presenting three papers at the fourteenth annual Yemei Iyyun in Tanakh and Jewish Thought of Yeshivat Chovevei Torah on Sunday-Monday, June 19-20. The Institute is one of the co-sponsoring organizations. For a full schedule and registration, go to http://www.yctorah.org/images/yemei%20iyun%20brochure%20-%20web%20and%2…

I also will be giving a four-part mini-series on The Unsung Heroes in the Bible at Lamdeinu Teaneck this July (July 7, 14, 21, 28), Thursdays from 10:15-11:30. For registration and more information, see their website, http://www.lamdeinu.org/

My next teacher training session will be at the Community Hebrew Academy of Toronto (CHAT), where I will work with the faculty on the bridging of tradition and contemporary Bible scholarship and how this can be used effectively in the High School classroom.

Teacher training is an essential component of my work through the Institute, as we promote our core values to rabbis and educators who go on to teach throughout the country and beyond.

I am grateful to the members and supporters of the Institute for making all of our programs, publications, and classes a priority in the development of American Jewish communal life. Thank you,

Rabbi Hayyim Angel
National Scholar

Orthodoxy and "The Gentile Problem"

Not long ago someone near and dear to me asked me what I was working on. I said that I was writing a book proving that for Rambam Gentiles as well as Jews are fully created in the image of God. I was met with the amazed response: "Do you really believe that?!"

Yes, I really believe it, and so did Rambam. [1]

The person who asked me the question about what I was working on and I both come from long lines of rabbis. My grandfather, ordained at the famous Yeshiva in Pressburg, was the rav of a small town in Hungarian Transylvania. Descended through both his parents from generations of rabbis, he served as a chaplain in the Hungarian army during World War I. Blessed with more foresight than most, painfully aware of the anti-Semitism sweeping Central and Eastern Europe after the war, he sought to convince his congregants to leave Europe for Palestine or America. Taking his own advice, he came to Passaic, New Jersey, where he served for dozens of years as rabbi of "Congregation Hungarian Hebrew Men." He slowly managed to bring his children and then, finally, his wife, to the United States.

My father left Hungary with an ordination from his rosh yeshiva, came to the United States, and, after learning English, enrolled in Yeshiva College, ultimately getting a second semikhah from YU. He also attended Columbia University, becoming an "ABD" (all but dissertation) in American History. Like many rabbis of his generation, he was both a fervent American patriot and a fervent Zionist. He spent his career in the Orthodox rabbinate and in the Jewish Day School movement, also serving in various important capacities in the Rabbinical Council of America, Torah Umesorah, and the Religious Zionists of America.

My wife was raised in the home of another YU graduate, born in Palestine, but raised in Philadelphia and Brownsville, Brooklyn. Her mother, my mother-in-law, was herself raised in the home of her uncle, yet another Orthodox rabbi (her father had died at an early age), who was the mesader kiddushin at our wedding.

My wife and I were both sent to Jewish Day Schools through high school (Hebrew Theological College in Skokie in my case, and Chicago Jewish Academy and then HILI in my wife's case). After high school, I spent a year at Mercaz haRav (1962–1963), housed at that time in the center of Jerusalem in what is now called "Bet haRav."
My wife and I were thus raised in the homes of American rabbis and rebbetizins with clear Eastern European and Eretz Yisrael backgrounds. Many of the teachers in our Orthodox Day Schools were drawn from refugees who had survived the Holocaust and were brought to America after the war. We have the impression that the YU-trained rabbinic teachers and colleagues with whom our fathers were close (the names "Reb Yoshe Ber" [Rav Soloveitchik] and "Manny Rackman" [Rabbi Emanuel Rackman] were constantly mentioned in my home) shared their basic values.

We never heard from our parents or from our teachers that Jews were in some innate fashion distinct from and superior to non-Jews.[2] We were certainly raised in homes in which great pride in Jews and Judaism was inculcated in manifold ways. The superiority of Torah was never doubted, but non-Jews as such were never denigrated, or held to be in any way less made in the image of God than Jews. We of course searched for Jewish names in TV and movie credits, in lists of Nobel Prize winners, etc., but realized that was a matter of justified ethnic pride, not metaphysics.

Every Passover we took drops of wine out of our wine cups during the recitation of the 10 plagues as an indication of our fellow-feeling for the sufferings of the Egyptians at the Red Sea—we were never told that other explanations were available (and so far as we could judge, our parents and teachers knew of no other explanations).[3] While not devoid of folk superstition ("keneinahora" was an expression we heard often, with no idea of what it meant), our homes were devoid of magic, no red strings around wrists, and no (allegedly) wonder-working rabbis. In times of illness we were sent to physicians, not to check our mezuzot (which we were raised to kiss upon entering and leaving rooms and houses). [4]

Looking around me today, what do I see? A very different Orthodoxy. I want to focus here on only one aspect of the "new Orthodoxy": the emphasis on the metaphysical, innate, inherent, absolute difference between Jews and non-Jews. There is, admittedly, a long history to this idea, dating back at least to R. Judah Halevi (and, if one believes that the Zohar was written by R. Shimon bar Yohai, then back to the third century at least). In the Judaism in which we were raised, however, this history was unknown, ignored, or glossed over. [5]

Generally, Jewish thinkers who found it necessary to draw the universalist sting from the biblical teaching that all humanity is created in the image of God typically did so in one of two ways: by maintaining along with Judah Halevi that in the 10 generations from Noah to Abraham, a line of descent developed (or, perhaps more accurately, was caused to develop by God) of individuals capable of achieving prophecy. For Halevi this special subset of humanity, which came to be known as Israel, is related to the rest of the human race as the heart is related to the rest of the body: the core organ (and the seat of thought for medievals, following the Bible) without which the other organs cannot survive and which itself, if we take the analogy further, cannot survive without them. [6] The Zohar adopted a different view, according to which Jews and Gentiles are radically distinct from each other since their souls derive from different sources in the sefirotic tree. [7]

For both Halevi and the Zohar, conversion to Judaism must thus be a problem, and they have different ways of getting around it. [8] This approach is radically different from that of Maimonides, for whom conversion to Judaism is not a problem, but an opportunity, as exemplified in his famous letter to R. Obadiah the Proselyte.[9] Without knowing it, my wife and I were raised as Maimonidean universalists. I, for one, was quite surprised to discover that there were other forms of Judaism, forms that denigrated non-Jews as such (and denied the validity of secular studies and pursuits), or, at the very best, saw them as simply static in the background, of no possible interest to Jews and most likely to God as well.

The Maharal of Prague (c. 1520–1609) had his own twist on the particularist approach. In several places he states explicitly that after Sinai, the image of God in Gentiles was diminished.[10] This notion that Jews and Gentiles are in some real sense metaphysically distinct, and that to the degree that they are metaphysically distinct, Jews are by nature superior to Gentiles, has been a staple of Jewish particularism since the Middle Ages. [11]

The particularism of Halevi, Zohar, and Maharal finds a muted but undeniable expression in Chabad writings. Rabbi Shneur Zalman of Liadi's Tanya, the core text of Chabad Hasidism, maintains that Gentiles, because of the nature of their souls, cannot aspire to the level of holiness to which Jews can (and should) aspire. [12]

All religions, as I once read somewhere, venerate their canonical texts, but do not generally find all parts of those texts equally interesting. The line of thought about the special nature of the Jewish people as such briefly outlined here was simply not part of the Judaism in which my wife and I were raised, and, so far as I can judge, it was not part of the Judaism in which our fellow Baby Boomer Orthodox Jews were raised in North America. That form of Orthodoxy seems evermore a fond and distant memory.

The forms of Jewish particularism briefly summarized here should be understood for what they were: purely theoretical discussions, having no concrete consequences in the lives of their authors or those who read their works. These ideas did not appear to occupy a central place in the worldview of the thinkers mentioned here and can be understood as the reaction of a persecuted minority to their persecutors.

The same cannot be said, I fear, for a truly blood-thirsty contemporary expression of the view that Jews are ontologically distinct from and profoundly superior in every fashion to Gentiles. Recently a book was published giving these views the most extreme form I have ever seen. Torat haMelekh purports to be a disinterested and entirely theoretical halakhic discussion of the circumstances under which it is permissible to kill Gentiles. The authors of this profoundly disgusting book, Yizhak Shapira and Yosef Elitzur of Yeshivat Od Yosef Hai in the West Bank village of Yizhar, starting from the (largely uncontested in the halakhic tradition) assumption that the sixth commandment only outlaws the killing of Jews,[13] and from the astounding (and wholly unsupported in the halakhic tradition) assumption that the lives of Gentiles who are not "resident aliens" have no meaning and no legitimacy, spend more than 200 pages misusing Maimonides (and others, such as Bahya ben Asher) to examine (for them the limited) circumstances under which it is not permissible to kill Gentiles. One example of their twisted conclusions: that it is reasonable to assume that it is permitted (and perhaps required) to kill children "if it is clear that they will grow up to harm us."[14] Torat haMelekh appeared with the approbations (haskamot) of four rabbis: R. Yizhak Ginzburgh (author of Barukh haGever, a booklet memorializing Barukh Goldstein, the murderer of Muslim worshippers in the Cave of Makhpelah Mosque in Hebron on Purim day, 1994), R. Zalman Nehemiah Goldberg, the late R. Ya'akov Yosef, son of R. Ovadiah Yosef (former Israeli Chief Rabbi and leading light of the Shas party), and R. Dov Lior, rabbi of Kiryat Arba near Hebron, who explicitly stated that the subject matter of the book is rather relevant (dai aktuali) to our day and age. The claim that the book is a disinterested theoretical discussion is given the lie by this approbation, and in this we see its true danger. [15]

The publication of the book created a furor in Israel, leading to the arrest of one of its authors on the charge of "incitement." Rabbi Lior was "invited" by the police to answer questions concerning his approbation of the book, an "invitation" he declined. Rabbi Goldberg withdrew his approbation for the book; he is reported to have said that the book contains errors in Jewish law and things that the human intellect cannot accept (ein lahem makom baSekhel haEnoshi). In light of the police investigation into the rabbis who wrote approbations for the book, 50 leading rabbis in the "Zionist-Religious" community organized a protest meeting in Jerusalem's Ramada Hotel (18 August 2010).

They claimed not to be supporting the book Torat haMelekh itself, but protesting limitations on the freedom of speech of rabbis implied by the police investigations. Statements for and against Torat haMelekh continue to show up on blogs and in newspapers.[16] Rabbis are seen by many (and often want to be seen) as authoritative expositors of halakha and of Torah values. One would have thought that after Yigal Amir's murder of the late Yizhak Rabin, they would have learned to moderate the views they express in public, but such is not the case, more's the pity.

Let us turn to a much less extreme contemporary Israeli view of the innate inequality between Jews and Gentiles. No one can deny that in the world of contemporary Orthodox Zionism in Israel (dati-leumi), the voice of Rabbi Shlomo Aviner is heard loudly and clearly, through his many books, lectures, internet activities, and especially the multitude of "Sabbath leaflets" (alonei Shabbat) to which he contributes. Rabbi Aviner was born in France in 1943 and made aliya in 1966. He earned degrees in math and engineering and is an officer in the IDF reserves. After his aliya, he studied in Yeshivat Merkaz Ha-Rav Kook in Jerusalem and is considered to be a disciple of the late Rabbi Zvi Yehudah Kook (1891–1982). R. Aviner is the rabbi of the West Bank settlement Bet El and head of the yeshiva Ateret Kohanim in the Muslim Quarter of the Old City. Despite his being considered a political hawk, R. Aviner broke with many of his rabbinic colleagues, and counseled soldiers not to disobey orders in connection with the Gaza withdrawal of 2005. This independent stand aroused considerable controversy in the world of Orthodox Zionism, earning R. Aviner many enemies.[17]

One of the issues to which R. Aviner often returns is the special nature of the Jewish people. Thus, in the pamphlet Itturei Kohanim 174 (Sivan, 5759), we find him writing the following:

We are the chosen people (am segulah[18] ), not because we received the Torah, but, rather, we received the Torah because we are the chosen people.[19] This is so since the Torah is so apt to our inner nature. Each nation has a special nature, character, public psychology, unique divine character, and the Master of the Universe formed this special nation—This people which I formed for Myself, they will tell My praise (Is. 43:21). There are those who claim against us that we are “racist,” Our answer to them is … if racism means that we are different from and superior to other nations, and by this bring blessings to other nations,[20] then indeed we admit that we differ from every nation, not by virtue of skin color, but from the aspect of the nature of our souls (haTeva haNishmati shelanu), the Torah describing our inner contents. [21]

In this typical passage, Rabbi Aviner presents his position in the clearest possible fashion and takes issue with his opponents. Let us look more closely at his words. The people of Israel are the chosen people. Why and how? R. Aviner relates to two possibilities: the descendants of Abraham, Isaac, and Jacob received the Torah and in consequence became the chosen people, or, the descendants of Abraham, Isaac, and Jacob were the only humans capable (mesugalim) of receiving the Torah. Receiving the Torah was a consequence of their already having been the chosen people (am segulah). In so doing R. Aviner accomplishes several ends: He admits (barely, it seems to me) that there is controversy on the issue (as indeed there is—his view is that of R. Judah Halevi, as opposed to the view of Maimonides), takes a stand on this controversy, and hints that the opposing view ought not to be taken seriously, since he does not deign to argue against it.

R. Aviner continues and insists that the Torah is appropriate for the inner nature of the Jewish people—"Each nation has a special nature, character, public psychology, unique divine character, and the Master of the Universe formed this special nation—This people which I formed for Myself, they will tell My praise (Is. 43:21)." In making this claim he reifies the notion of “nation” and establishes that there are nations defined and demarcated one from the other by their inner natures. In so doing he adopts the views of nineteenth-century German Romanticism and foists this ideology on Judaism.[22] Jewish people, he teaches, have an inner nature unique to it, a nature to which the Torah is particularly appropriate.[23] A number of things follow from this: R. Aviner takes a position in a tannaitic debate, over whether the Torah was ultimately intended for all human beings (kol ba'ei olam) or just for Israel.[24] He further raises a metaphysical problem with the conversion of Gentiles to Judaism: How can a person whose inner nature is not Jewish receive the Torah?[25] He also forces himself to adopt a particularist stance concerning the messianic era: If the Torah is appropriate only for those whose inner nature is Jewish, then the essential difference between Jew and Gentile must be preserved in the days of the Messiah. R. Aviner thus once again takes a stand in a controversial matter, without even admitting that there is a controversy on the issue. [26]

Rabbi Aviner is not only the rabbi of a settlement in Samaria, and not only the founder and head of a yeshiva deeply identified with the hopes for the actual construction of a Third Temple, he is also a man of the wider world. Born (during the Holocaust), raised, and educated in France, he holds academic degrees and served as an officer in the IDF. He knows what sort of an outcry his words are likely to arouse, and hence hastens to assure us that he is not a racist, at least not in the accepted sense of the word: "If racism means that we are different from and superior to other nations, and by this bring blessings to other nations, then indeed we admit that we differ from every nation, not by virtue of skin color, but from the aspect of our soul-like nature (haTeva haNishmati shelanu), the Torah describing our inner contents." His self-confessed racism is not biological—Jews come in all skin shades. No, his racism is spiritual. Jews are indeed superior to other nations, but their superiority is connected to their unique Jewish souls, souls whose “operating instructions” are written in the Torah. This superiority brings nothing but blessings to all other nations.

I think that fairness demands that we point out that Aviner is doing himself a disservice here. There is no doubt that he accepts the possibility of conversion to Judaism.[27] Thus, despite what he says about himself, he cannot be a racist in a contemporary sense of the term. He seems to be using “racism” here as shorthand for essentialism.[28

R. Aviner is willing to accept the consequences of his position on Jewish superiority. In a book aimed at soldiers in the Israeli army he writes:

Death is ritual impurity (tum'ah) since its essence is the diminishment of the divine vitality in created entities. The measure of ritual impurity matches the measure of the departure of this divine vitality. Gentile graves in an enclosure do not cause ritual impurity according to the basic law (ikkar haDin) since their souls are not so holy, and the difference between their bodies without a soul and their bodies with a soul is not all that great. Therefore the departure of the soul in their case does not constitute so terrible a crisis. And so also the opposite: the graves of the righteous do not impart ritual impurity (according to some perspectives, if not according to settled halakha) [29] because their bodies are holy and there is [thus] no diminishment of the divine manifestation [in them] with the departure of the soul. Jewish graves do impart ritual impurity since their souls are holy; however, their bodies without a soul is not holy and, therefore, the departure of the soul is the terrible crisis of the histalkut of the divine vitality from the body—and this constitutes the ritual impurity of death. [30]

According to this horrifying text, the difference between a live Jew and a dead Jew is immense; the difference between a live Gentile and a dead Gentile is much smaller. [31] R. Aviner neither says nor even implies that the killing of a Gentile is a light matter, but will all his readers understand that?[32] It is not my intention here to cry out against rabbinic irresponsibility, but, rather, to illustrate a certain, unfortunately widespread, view concerning the inner nature of the Jewish people. [33]

We have examined two examples from Israel. Let us now look at an example from the United States. I was surprised to find an echo of Aviner's view, which implies that Gentiles are in some sense less formed in the image of God than Jews, in an article written by one of the heads of New York's Yeshiva University. R. Herschel Schachter, distinguished professor of Talmud and Rosh Kollel at Yeshiva University, writes, as if it is totally uncontroversial: "Hashem [God] created all men B'Tzelem Elokim [in the image of God], and Bnai Yisrael [Jews] with an even deeper degree of this Tzelem Elokim—known as Banim LaMakom [children of the Omnipresent]." [34] Jews and Gentiles are alike created in the image of God, but Jews are more created in the image of God (whatever that might mean!) than are Gentiles (echoing Orwell, are Jews also "more equal"?).
It is obvious that R. Schachter is here (mis)interpreting Avot III.14 (17):

He [R. Akiva] used to say: Beloved is man [haAdam] for he was created in the image of God. As a gesture of special love, it was made known to him that he was created in the image of God, as it said, For in the image of God He made man (Gen. 9:6). Beloved are Israel for they are called [sheNikra'u] God's children [banim laMakom]. As a gesture of special love, it was made known to them that they are called God's children, as it is said, You are the children of the Lord, your God (Dt. 14:1). Beloved are Israel, for they were given a precious vessel [the Torah]. As a gesture of special love, it was made known to them that they were given the precious vessel through which the world was created, as it is said, I have given you good instruction [lekah tov]; do not forsake My Torah (Prov. 4:2). [35]

In his commentary to this passage, Rabbi Marc Angel writes:

"…God loves all human beings and has a special love for the People of Israel, the recipients of the Torah…": Special love, but because the People of Israel received the Torah, not because they are more made in the image of God than non-Jews. [36]

Rabbi Schachter seems not to share Rabbi Angel's view that Jews and Gentiles share the same human essence. As my friend and colleague Professor Daniel J. Lasker has pointed out, views such as that held (in relatively moderate terms) by Rabbi Schachter, and in more extreme terms by the authors of Torat haMelekh and by Rabbi Aviner (and, I regret it add, it would seem by most Orthodox Jews today) see the distinction between Jews and Gentiles to be a matter of "hardware," while the view taught by the Torah and, among others, Maimonides, holds that the distinction between Jews and Gentiles is a matter of "software" only.

I hasten to add that it is a safe assumption that R. Schachter would be horrified to have his views connected to Torat haMelekh.[37] I cite him only as an example of the casual way in which many Jews assume some sort of ontological divide between Jews and Gentiles. I am confident (or naively hopeful) that few Jews who hold the view that there is some inherent, substantial, metaphysical, ontological distinction between Jews and Gentiles have actually thought through its implications.[38] A colleague of mine once asked three Roshei Yeshiva at Yeshiva University if God listens to the prayers of Gentiles. One said of course, a second said of course not, and a third said that he had no idea and did not care. The second and third views would have shocked my father, as they shock me.

When ancient or medieval Jews penned works describing Gentiles as less than fully human there was no danger that they would act on these views, nor is it clear that they meant it literally. On the contrary, it is easy to understand them as reacting to generations of persecution and denigration. [39] In our day and age, however, these views are not only disgraceful, and represent a rejection of the simple sense of the Torah, but they have proven themselves to be dangerous, dangerous in the ways in which certain Israeli Jews use them to justify outrageous actions toward Arabs, and dangerous to Jews around the world who use these views to justify behavior that makes a mockery of our claim to be a light unto the nations.

One must wonder why so many contemporary Orthodox Jews are educated today to believe as true (and central to their Judaism) statements about non-Jews as such that run counter to what the Torah itself teaches, that are so obviously false (intelligence, altruism, decency, searching for God, etc. seem no more prevalent among Jews than among other human communities), and that are immoral? [40] To my mind, that question is best addressed by sociologists or historians, not philosophers. [41] But it is certainly a question that should be asked by parents when choosing schools for their children.

[1] A Frenchman, a German, and a Jew wrote essays on elephants. The Frenchman wrote on the love life of the elephant, the German on authority in the elephant community, and the Jew on the elephant and the Jewish problem.
Proving that Maimonides held this view is the burden of my latest book, Gam Hem Keruyim Adam: Ha-Nokhri be-Einei ha-Rambam (Ramat-Gan: Bar Ilan University Press, 2016).
[2] My wife's grandmother, who had suffered greatly at the hands of Polish anti-Semites, used to refer to Gentiles as yenem menschen, those people.
[3] For other, far more particularist explanations, see Zvi Ron, “'Our Own Joy Is Lessened and Incomplete': The History of an Interpretation of Sixteen Drops of Wine at the Seder," Hakirah 19 (2015): 237–256.
[4] A friend who read a draft of this essay commented: "This sounds like the famous comment attributed to New Yorker film critic Pauline Kael after Richard Nixon was elected president to the effect that she could not understand how he was elected since she herself knew no one who voted for him." But I do not believe that my wife and I were raised in some sort of odd universalist bubble; rather, the zeitgeist of Orthodoxy at the time was indeed as I describe it.
[5] I do not mean to imply that there are no important rabbis today who share the values of our parents, the editor of Conversations prominent among them. So far as I can judge, however, these rabbis, however much I admire them, are not representative of the contemporary zeitgeist of Orthodoxy, both in Israel and in the Diaspora. See also, Marc D. Angel, "Rabbi Kook and Rabbi Uziel: Two Posekim, Two Approaches," in Conversations, issue 12, winter 2012, pp. 109–120.
[6] See Halevi, Kuzari, I. 27–27, 101–103, 96 and 115. See also Menachem Kellner, Maimonides' Confrontation with Mysticism (Oxford: Littman Library of Jewish Civilization, 2006) (henceforth: Confrontation), pp. 216–220 and p. 263. I would like to note that all too many people read Halevi as if he were a Kabbalist, or if his views were identical, for example, with those of the Maharal. For an example of such a conflation of views, see the lecture by Rabbi Herschel Schachter, cited below in note 38.
[7] See Moshe Hallamish, "The Kabbalists' Attitude to the Nations of the World," in Joseph Baruch Sermonetta Memorial Volume (Jerusalem Studies in Jewish Thought 14), edited by Aviezer Ravitzky, 289–312 (Hebrew). See further Elliot Wolfson, Venturing Beyond: Law and Morality in Kabbalistic Mysticism (Oxford: Oxford University Press, 2006) and, importantly, Jerome Gellman, "Jewish Mysticism and Morality: Kabbalah and Its Ontological Dualities," Archiv fuer Religionsgeschichte 9 (2008): 23–35. For a depressing list of important figures not directly part of the world of Kabbalah who presented Gentiles as "separate but unequal" see Hanan Balk, "The Soul of a Jew and the Soul of a Non-Jew: An Inconvenient Truth and the Search for an Alternative," Hakirah: The Flatbush Journal of Jewish Law and Thought 16 (2013): 47–76.
[8] For Zohar, see Jochanan Wijnhoven, "The Zohar and the Proselyte," in Texts and Responses: Studies Presented to Nahum N. Glatzer, edited by Michael Fishbane and Paul Flohr (Leiden: Brill, 1975): 120–140; for Halevi, see his texts cited above in note 2.
[9] The text of Maimonides' letter may be found in Y. Sheilat, Iggerot haRambam, 2 vols. (Jerusalem: Ma'aliyot, 1987), vol. 2, pp. 231–241. For a discussion of the ideological import of some of R. Sheilat's readings, see M. Kellner, "'Farteitcht Un Farbessert': On "Correcting" Maimonides," Meorot 6, no. 2 (2007): 12 pp. (http://www.yctorah.org/content/view/330/10/). A partial English translation of Maimonides' letter is found in F. Kobler, Letters of Jews Through the Ages (Philadelphia: Jewish Publication Society, 1978), vol. 2, pp. 193–196 and in Isadore Twersky (ed.), A Maimonides Reader (New York: Behrman House, 1972), pp. 475–477. Further on Maimonides' very positive attitude towards proselytes (and proselytization) see James Diamond, "Maimonides and the Convert: A Juridical and Philosophical Embrace of the Outsider." Medieval Philosophy and Theology 11 (2005): 125–146; revised and reprinted in: Diamond, Converts, Heretics, and Lepers: Maimonides and the Outsider. Notre Dame: University of Notre Dame Press, 2007.
[10] Derekh haHayyim III.14, end; for further sources in the Maharal see Confrontation, p. 220, note 10.
[11] In general, a history of Jewish particularism remains a scholarly vacuum, if not something to be desired. In the meantime, one can always make use of (Jewish) anti-Semites like the late and unlamented Professor Israel Shahak, many of whose writings are available online (courtesy of many anti-Semitic websites).
[12] Tanya (Likkutei Amarim), I.1, end. Some Habadniks go beyond the particularism of the author of the Tanya, wondering how it is that Jews and Gentiles, for example, have babies in the same way, since Jews and Gentiles share nothing in common. For this and other pearls, see R. Joseph Karasik, HaBayit haYehudi beMishnat haKabbalah ve-haHasidut (np: Machon Nahalei Dvash, 5756), pp. 384–386.
[13] Which does not mean that the murder of Gentiles is permitted!
[14] I wrote these words originally under the shadow of the murder of the Fogel family in Itamar (11 March 2011), perpetrated by two Palestinian teenagers who agree with Torat haMelekh's reasoning, but apply it to Jews.
[15] Some of the "pearls" found in this book include the claim that the existence of a Gentile who is not a "resident alien" (and in this day and age, no Gentiles can achieve that status) "has no legitimacy" (p. 43); Jews and Gentiles share nothing in common, but, in effect, belong to different orders of reality (p. 45); a Gentile who violates one of the seven Noahide commandments (stealing, for example, even something of slight value, or, in the eyes of the authors of the book, undermining Jewish sovereignty over any part of the Land of Israel) is to be executed without advance warning. The Jew who witnesses the act can serve as judge and executioner (pp. 49–51); and so it goes in depressing and blood-curdling detail. Torat haMelekh's views are based on readings of kabbalistic texts mediated through the teachings of R. Ginzburgh, cited as direct inspiration by the authors of the book.
[16] Most recently in:
http://www.bloombergview.com/articles/2015-11-01/violence-in-the-name-o…
accessed 3 November 2015.
[17] There is even an internet site (/http://aviner.net) devoted to attacking R. Aviner. It does not appear to be active. I last accessed it on 19 April 2015.
[18] A check of the Bar Ilan Responsa Project database shows that this expression shows up only 113 times in the entire body of Jewish literature covered by the database, and became popular only in the Middle Ages.
[19] Here R. Aviner reflects Kuzari II.56.
[20] How does Israel bring blessings to other nations? In his commentary on Halevi's Kuzari (Bet El: Sifriyat Hava, nd), vol. 1, p. 108, R. Aviner writes: "The Torah is the greatest divine light, and it belongs only to Israel, and from Israel drops of sanctity drip to each and every nation, according to its stature and state (inyano). R. Aviner returns to this theme often. Thus, for example, in answer to a question asked of him on the internet ("Why should we be a nation?"), he wrote:

…Indeed, what is the need for a special nation? But, just as a human being needs a heart, thus the human race needs a heart-like nation. Rabbi Judah Halevi wrote that the people of Israel are the heart of humanity (Kuzari II.36). Not a heart which is disconnected [from the rest of humanity], not a condescending heart, not a heart frozen in a refrigerator, but a living heart which causes vitality to flow to all the limbs. Just as the heart's love is the love of all the limbs, thus love of the people of Israel is in essence love of all that is human. When we extend ourselves in our national efforts, in strengthening the settlement of the People of Israel in its land, in strengthening its army and state, we are essentially working for the good of all humanity. This is not egoistical love, but universalist love. (http://www.havabooks.co.il/article_ID.asp?id=632)
[21] My thanks to Rabbi Dr. Ronen Lubitch for bringing this source to my attention.
[22] In this, R. Aviner follows in the footsteps of his teacher, R. Zvi Yehudah Kook; R. Zvi Yehudah follows in the footsteps of his father, R. Abraham Isaac Kook (to a great degree), and Rav Kook, in turns appears to follow in the footsteps of his teachers, Hegel and other romantic thinkers. On this intellectual pedigree, see Shlomo Fischer, "Self-Expression and Democracy in Radical Religious Zionist Ideology," PhD thesis, Hebrew University of Jerusalem, 2007, esp. pp. 66–126, 217–234. For a recent and very useful English language study of the elder R. Kook, see Yehudah Mirsky, Rav Kook: Mystic in a Time of Revolution (New Haven: Yale University Press, 2014).
[23] I tried to translate Rabbi Aviner's usages back into rabbinic Hebrew with no success. His ideas, I submit, largely come from the outside and cannot easily be traced to rabbinic texts.
[24] On this debate, see Menachem Hirshman, Torah Lekhol Ba'ei Olam: Zerem Universali beSifrut haTana'im veYahaso leHokhmat heAmim. Tel Aviv: Ha-Kibbutz ha-Meuhad, 1999. Hirshman summarizes the points in this book in "Rabbinic Universalism in the Second and Third Centuries." Harvard Theological Review 93 (2000): 101–15.
[25] I am aware of the many solutions offered for this problem. For Rabbi Aviner (and before him Halevi, not to mention the authors of the Zohar), conversion presents a problem. For Maimonides, in contrast, there is no problem which needs to be solved.
[26] See Menachem Kellner, Maimonides on Judaism and the Jewish People (Albany: SUNY Press, 1991); Maimonides' Confrontation with Mysticism (Oxford: Littman Library of Jewish Civilization, 2006), ch. 7 (henceforth: Confrontation) and "Maimonides' True Religion—for Jews, or All Humanity?" Me'orot [Edah Journal] 7.1 (2008) (http://www.yctorah.org/content/view/436/10/). I wonder how R. Aviner would react if he heard me pointing out to my students that the Patriarchs and even Moses (before Sinai) were Noahide Gentiles (at best).
[27] See, for example, http://www.havabooks.co.il/article_ID.asp?id=1185.
[28] Further on this, see Kellner, Confrontation, pp. 26–31.
[29] Rabbi Aviner cites as his sources Zohar, part one, p, 168a and Midrash on Proverbs 9:1.
[30] Aviner, meHayil el Hayil (5759), p. 230, cited by Yosef Ahituv, "State and Army According to the Torah: Realism and Mysticism in the Circles of Merkaz Ha-Rav," p. 466, in Aviezer Ravitzky (ed.), Dat uMedinah baHagut haYehudit beMe'ah haEsrim (Jerusalem: Israel Democracy Institute, 2005) (Hebrew). For a view similar to that of R. Aviner, see Or haHayyim on Lev. 20:26 and Numbers 19:2.
[31] Compare R. Aviner's words in his commentary on the Kuzari (part 1, p. 136): "In that we are the segulah of humanity, we are also the heart of humanity. We are more human than the others" (emphasis added). This is Aviner's view, not Halevi's. Among other sources, it probably draws from the Maharal of Prague, who held that at Sinai the image of God was diminished among the nations of the world, leaving only Jews as fully formed in the image of God. For the Maharal, see, for example, his Nezah Yisrael (Jerusalem: Makhon Yerushalayim, 1997), vol. 1, p. 305. For discussion, see Aaron Kleinberger, haMahshavah haPedagogit shel haMaharal (Jerusalem: Magnes, 1962), pp. 37–42.
[32] Bear in mind that this text is addressed to teenaged inductees into the Israeli army.
[33] The paragraphs on R. Aviner here are drawn (with revisions) from a forthcoming essay of mine in a festschrift in honor of my esteemed friend and colleague, David Novak.
[34] See, p. 20 in Hershel Schachter, "Women Rabbis?" Hakirah: The Flatbush Journal of Jewish Law and Thought 11 (2011): 19–23.
[35] I cite from The Koren Pirkei Avot, with translation by Jonathan Sacks and Commentary by Marc Angel (Jerusalem: Koren, 2015), p. 78.
[36] Tosafot Yom Tov ad loc. seems to be addressing his comments directly against Rabbi Schachter. No surprise, I guess, that I am his direct descendant.
[37] I hope that he is not fully aware of the consequences of his spiritual essentialism and almost blind literalism. See the next note.
[38] Further examples of his casual acceptance of an ontological divide between Jews and non-Jews may be found in this online lecture (last accessed 20 November 2015): http://www.torahweb.org/audio/rsch_050204.html. Further on Rabbi Schachter's unfortunate views (and the even more unfortunate views of other contemporary rabbis), see Alan Brill, Judaism and Other Religions: Models of Understanding (New York: Palgrave Macmillan, 2010), pp. 202–205. In this connection, I was surprised to find the following comment in an online lecture by Rabbi Ethan Tucker: "The Akeidah—the story of the binding of Isaac—is one of the most central narratives and texts in the Jewish tradition… As Jews, we invoke this chilling story of Avraham’s near sacrifice of his son with pride on a daily basis, as we contrast our human worthlessness with our covenantal worthiness." Quoted by Alan Brill at:
https://kavvanah.wordpress.com/author/kavvanah/ - 8 November 2015 (accessed 20 November 2015). I trust that Rabbi Tucker did not mean to imply that those who are not bnai brit (i.e., everyone but the Jews) are humanly worthless—even though that is what he writes here. His statement also implies that Jews who do not honor the covenant in their lives are also humanly worthless.
[39] Further on this, see Menachem Kellner, "We Are Not Alone," in Michael J. Harris, Daniel Rynhold, and Tamra Wright, eds., Radical Responsibility: Celebrating the Thought of Chief Rabbi Lord Jonathan Sacks (Jerusalem: Maggid Books, 2012): 139–154, repinted in Menachem Kellner – Jewish Universalism, ed. Hava Tirosh-Samuelson and Aaron Hughes (Leiden: Brill, 2015), pp. 107–118 (Library of Contemporary Jewish Philosophers, vol. 12).
[40] In the essay cited in the previous note I suggest that part of the answer to this question is a lack of Jewish self-confidence, building on an insight of Rabbi Jonathan Sacks: “Those who are confident in their faith are not threatened but enlarged by the different faith of others.” Of course, it could very well be that many Jews find the very openness of the world around us threatening and seek to hide behind the highest possible walls, instead of confronting that world. My thanks to Chaim Waxman for suggesting this line of thought to me.
[41] I very much appreciate the comments of Rabbi Amitai Blickstein, James Diamond, Jolene S. Kellner, Avrom Montag, and Chaim Waxman.

Finding Judaism My Way: One Man’s Lifetime Jewish Journey

I was born into a first-generation American family of very ethnic but non-observant Jews in the then Jewishly dense West Philadelphia neighborhood of Wynnefield. My parents assumed that I would attend Hebrew School after public school, hate it, and, like their peer’s children, suffer with Jewish learning for five arduous years, endure the bar mitzvah ordeal, then quit Hebrew school. They expected that as a young adult I would marry an ethnic but not inconveniently religious Jewish woman. My parents’ social circle was entirely Jewish—totally secular—yet socially Jewish. Some families did have Orthodox parents, but their Jewish knowledge was limited to expected protocol. To everyone’s amazement, I actually liked the Hebrew School of the Conservative Har Zion Temple. The teachers taught a mysterious foreign language, spoke of a long and glorious history, and explained that we are able to relive the past by ritualizing our present. I went to the synagogue on Saturday mornings to be enchanted, dazzled, informed, and to become more “Jewish,” whatever that meant.

After my bar mitzvah, I announced, again to everyone’s amazement, “I want to study at the Midrasha,” Har Zion’s “advanced” Hebrew High School, where the teachers were rabbis and PhDs. Here, Judaism was taught “objectively,” from a perspective that I would later learn was called “the science of Judaism.” Unlike the few, old fashioned, Yiddish-speaking Hareidi Jews who walked Wynnefield’s streets, at Har Zion, Judaism was a part of American culture. In the early 1960s, there were some Sabbath-observant Conservative Jews, a youth group called LTF, the Leaders Training Fellowship, whose mission it was to nurture sincere and serious non-Orthodox Jewish leaders who were learned and who were committed to a worldly, reasonable traditional Judaism. This memoir reports both the “outer” biographic details of my life’s happenings as well as those “interior” reflections that shaped and accompanied my choices.

My teen years found me in two very different worlds. In order to give their children a good secular education, my parents moved across the Philadelphia City Line to Lower Merion Township, where Jews were a minority, and the pressure to conform to polite Protestant society was not understated. In 11th grade, I took a Saturday course in Organic Chemistry. Realizing how much I missed Shabbat, after the course’s conclusion, my Jewish commitments grew in intensity. Most of Wynnefield’s Jews rarely observed kashruth. Sunday afternoons and Christmas Day were spent in “pilgrimage” to Philadelphia’s “Chinatown” for food that was relatively inexpensive, celebrationally appropriate, yet socially accepted to be “Jewish,” its halakhic impropriety notwithstanding. When I gave up Chinese food, my family realized I was serious. Their Jewish friends who did keep kosher homes were Jews in their homes and Chinese food consumers when they “ate out.” Although I did say the prayers for a month after my bar mitzvah, I stopped doing so after one month because I did not understand anything of them. After my Organic Chemistry year, I re-adopted tefillin and prayer because my Hebrew comprehension rose to that threshold where the Siddur’s words and ideas had meaning. How did this change happen?

When my maternal grandparents died, Har Zion’s Assistant Rabbi Shlomo Balter, a particularly sincere and caring person, convinced my parents to send me to Camp Ramah, Conservative Judaism’s summer camp network. At Ramah, I discovered that Jewish living was incredibly rich. One summer was spent in Israel with a Har Zion youth pilgrimage, and, because my Hebrew was considered to be “passable,” I was assigned to spend a Shabbat with R. Zalman Nehemiah Goldberg, then of K’far Pines. Unable to appreciate his greatness, his Orthodoxy at that moment seemed to me to be foreign, exotic, and somewhat obscurantist, neither convincingly “scientific” nor within the culture horizon I inhabited.

Already in my mid-teen years, my search for Jewish meaning was fixed and focused on the Conservative flagship Jewish Theological Seminary (henceforth JTS) in New York, which we were always told was the best Jewish studies institution in the Western World. In order to acquire a liberal education and in order to prepare for JTS I majored in Philosophy at Temple University, which introduced me to the shape and content of Western thought, and Hebrew language and literature under Esra Shereshevsky, a classical linguist, Hebraist, and Orthodox Jew, who failed—although he tried valiantly—to convince me to reconsider my professional—and ideological—plans.
At this biographical moment, Orthodoxy was simply not a spiritual option. Its rules seemed to me to be so strange. One zealous Orthodox layman once told me, “I ought to wear black clothing and wear a black hat because I should want to identify with Torah’s heroes, who dressed that way.” A Ner Israel–educated rabbi scolded me, “If you believe in two Isaiah’s, you should not pray.” I consulted my Orthodox Hebrew grammar teacher at Gratz College, Prof. Margaliyot, later of Bar Ilan University, who told me to “tell him to go to Hell.” As I matured, I came to appreciate his pointed advice when dealing with theological bullies of both Right and Left. Religious bullies want to own God’s turf; unless one concedes that they possess the salvation, way, and life of Torah, these bullies would rather one give up on God’s Torah than to challenge their claim that no one can read God’s mind but them.

There were, however, two Orthodox rabbis who, in my collegiate years, did impact my thinking. Rabbi Mayer Cohen of the rather small Bes Medrosh ha-Gadol, a local Orthodox shul, not only welcomed me in spite of all of my heretical ideas, he switched his weekly Talmud class from Yiddish to English so that I would attend—not an easy task for the elderly gentleman. He introduced me to an informed lay Orthodox approach to life and text study, and quietly confided to me that he preferred the Arukh haShulhan to the Mishnah Berurah, whose rulings and reasoning, as I later came to appreciate, reflected authentic communal practice and did not add latter-day stringencies and strictures.
At a Yavneh Convention in the 1960s, at the Lower Merion Orthodox Synagogue, I witnessed a debate between the Modern Orthodox R. Yitz Greenberg, then affiliated with Yeshiva University, and the Hareidi R. Moses Eisenmann, spiritual supervisor at the stridently Hareidi Philadelphia Yeshiva, subsequently affiliated with Baltimore’s Ner Israel. While R. Yitz did not object to separate-gender, concentric circle dancing, R. Eisenmann was scandalized because to his mind separate, concentric circle dancing was sexually immoral. R. Yitz provided me an Orthodoxy that was sane, without hang-ups.
This debate foreshadows the position that I would come to adopt; I do not advocate dancing (or clapping) on Shabbat or Yom Tov, based upon bBetsa 30a. While aware of the Tosafist dispensation (ad. loc.), I remain unaware of a legal principle that empowers Tosafot, or for that matter, anyone, to overrule the Talmud, or that forbids me from thinking critically. In rabbinic practice, I did permit and do not object to separate-gender dancing where all are able to see the dancing. The talmudic meta-halakha, “better one sin in error than with spite,” teaches rabbis to know when not to make issues. R. Yitz and his wife have remained not only mentors, but models, friends, and colleagues.

Long before people considered gap year post-high school Jewish studies, my junior undergraduate year was spent at Machon Greenberg, an Israeli Hebrew teacher’s college for Diaspora educators, JTS Israel, renamed Machon Schechter, and at the Hebrew University. I was privileged to study with Prof. Ezekiel Kutcher, Israel Ta Shma, Gavriel Cohen, Yirmiyahu Yovel, Nehama Leibowitz, Ahron Appelfeld, Menashe Harel, and Ora Segal. Each of these scholars fashioned her/his own unique Jewish identity. It was during that academic year (1966–1967) that I committed myself to full halakhic observance, albeit with what I thought was a “Conservative” ideology. But I now had an alternative Orthodox model, one that was sincere, pious, and academic, yet modern, cultural, and integrated. This perspective was intellectually honest, like my Conservative Judaism, but it was also consistently and sincerely “religious,” like the American Orthodox Jews with whom I interacted.

In his Machon Greenberg Bible class, Prof. Gavriel Cohen once commented that in biblical religion, the sacrificial cult really is a religious obligation. Programmed to be a dutifully and effectively brainwashed, card-carrying, lock-stepping member of the Conservative party/movement, I blurted a stupid, snarky remark for which I am not proud, deriding Dr. Cohen’s claim regarding the restoration of the Temple cult. He wisely did not waste precious class time to argue the point, but instead he invited me to his home to discuss the matter. Taking him up on his offer and after several heated hours of conversation, he challenged me, “but it [the sacrificial order] is commanded in the Torah!” That challenge changed my life. I had either to accept Torah as it stands, or locate myself outside of Torah’s authority. Being seriously Jewish is not only an accident of identity, ethnicity, or preference, it is an ultimate concern, a commanding commitment, and an existential decision.

When my junior year in Jerusalem was coming to a close, I posed the question to Dr. Nehama Leibowitz, “I was raised on Yehezkel Kaufmann’s Religion of Israel, (which I had studied with R. Balter, when he was teaching at Gratz College) before I was systematically introduced to Rashi; you have not convinced me that the Torah was the product of Moses’ hand. What then should I do as a Jew?” She said “learn Torah, observe the mitzvot, and pray.” Hers was a learned, probing Orthodoxy that she shared with others, quite different from the Ner Israel rabbi who identifies dissent from his position to be a denial of the divine. I later came to learn that her older brother, the cantankerous Isaiah Leibowitz, was ironically much more open to academic biblical studies.

At this stage of my journey, it seemed that if God is the Author of the Oral law, I must follow the view within the tradition that makes sense to me. One learns Torah to understand what God requires, which is not necessarily what a particular historical community arbitrarily and apodictically imposes on its members. I subsequently discovered Maimonides’ view, that one should adopt the most reasonable position that one is able to find. Most Orthodox leaders spoke apodictically, as if they were God’s unmediated mouthpiece, and stressed obedience, deference, and submission to their reading of God’s canon, no questions, doubts, or free thinking allowed. But the Orthodox Jews to whom I was drawn used academic tools to decode God’s canon, in order to discover what the Torah really requires, restricts, and when silent, permits and empowers.

If Orthodox Jews are not supposed to believe that the Torah was originally formulated in J, E, D, and P documentary sources, the Torah was not given in Ashkenazic, Sephardic, or Yemenite “traditions,” or versions, either. At this point in my life, halakhic Conservative Judaism still resonated to me to be more authentic than the popular Orthodoxy that invoked a blind, atextual, socially constructed “tradition” narrative that claimed to carry the sanction of Sinai, but was ultimately no more—or less—than the actual practice and social narrative on the Orthodox street. But most Conservative Jews—including its rabbinic virtuosi class—did not seem, at least to me, to be passionately sincere in their Judaism, while the Orthodoxy I was confronting in everyday life affirmed a halakha that was applied sincerely, if not consistently, in practice. It seemed that Orthodoxy drew its authority from a book that was unreadable, a book that a) was from Heaven but b) readable and applicable only by a self-appointed elite.
Ironically, JTS became and remained a major influence in my gradual, and inevitable, alienation from Conservative Judaism. The Academic Orthodox JTS faculty took a liking to me. I came to JTS with some Talmud exposure, an academic Hebrew background, halakhic commitment, a decent Humanities background, but without the baggage of religious alienation of formerly Orthodox rebels from the Yeshiva world. The faculty graciously permitted me to pursue PhD studies in Modern Hebrew literature while still attending Rabbinical School, first completing an MA at Hunter College and then the PhD at NYU. These advanced Hebrew studies not only honed my Hebrew language and analytic literary skills, they enabled me to prepare for JTS’s classes more rapidly and thoroughly.

The Orthodox JTS faculty consistently applied the “scientific” method in order to decode what the Torah really meant, in order to understand what God says through those texts. The school was, after all, named the “Jewish Theological Seminary.” These professors were thinking, probing scholars, they were also punctiliously and thoughtfully observant; but unlike the popular culture Conservative Judaism that seemed to be more a taste culture than an “evolving religious civilization,” these scholars appeared to me to be sincere. In Conservative Judaism, a rabbi is a paid, professional functionary; for Orthodoxy, a rabbi is a learned, pious person whose virtuoso competence and status has been duly vetted.

My senior year at JTS (1972–1973) presented me with an odd conundrum. Prof. Dan Miron of Hebrew University was teaching advanced seminars on Y. H. Brenner and Saul Tchernichovsky, arguably the two most unorthodox members of the modern, secular Israeli literary fraternity. Although Prof. Miron was ideologically secular, he was also a profoundly ethical person. At JTS, the Modern Hebrew literary masters were being taught by a modern scholarly master; but these seminars were scheduled in the same time slot as R. Lieberman’s senior Talmud shi’ur. Even though literary scholarship was valued to R. Lieberman, he was not pleased with my scheduling conflict or with the choice I was about to make. To my exceptionally good fortune, I was assigned to R. Shamma Friedman’s shi’ur, when he was researching bYevamot, Ha-Isha Rabba. He taught me how academic Talmud scholarship works; after completing his final exam, he even invited me to become his doctoral student. I said, “after five years of graduate school, two masters’ degrees (Hunter’s MA and JTS’s MHL), and with “just” a dissertation left to write, I don’t think my wife will let me sit for yet another two years of coursework. But I will always learn with your method when studying rabbinic texts.”

That same year I wrote a seminar paper at NYU’s Graduate English department comparing Dorothy Wordsworth’s diary with her brother William Wordsworth’s poems, applying R. Friedman’s synoptic reading parallel sugyot, a method that would be helpful in my later encounter with Christian Scriptures. Professors Avraham Holtz and Menachem Schmeltzer also guided my development in modern and medieval Hebrew literature. They were both meticulously observant Jews who were meticulously careful teachers and scholars.

My major academic “rebbes” in Hebrew literature were the pious, close reader, and American New Critic, JTS’s R. Samuel Leiter, and the liberal polymath, Assyriologist, and Bible scholar, Prof. Baruch A. Levine at NYU. Together, they taught me how to read, decode, and unpack all sorts of literary texts. These two Renaissance men were both passionate Jews, critical readers, exceptionally gifted teachers, and outstanding mentors and perfect gentlemen, men who are models for a lifetime. In my final semester of PhD coursework, Prof. Levine required that I study with NYU’s great master of poetic theory, Prof. M. L. Rosenthal. While certain that I was unprepared for that awesome experience, it turned out that Prof. Leiter’s training in close reading had happy results for me.

The JTS over which Rabbis Louis Finkelstein and Lieberman presided really did affirm Jewish law. Although its Talmud faculty rarely discussed religious issues openly, its orientation was, at least for me, both obvious and electric. My first JTS year, 1968–1969, was spent in R. Israel Francus’ shi’ur. This shy but powerful man taught Talmud skills flawlessly. Without ever preaching religious observance explicitly, he taught religious commitment by his actions, speech, devotion, and accessibility. He was an exemplary human being, a gifted teacher, and an individual of unassuming natural piety. During this academic year, my dorm roommate was Gershon Bacon, a shy, pious genius whose talmudic skills, learning stamina, mental acuity, and passion for truth were and remain inspiring. He spent his career at Bar Ilan University teaching and researching the History of Polish Jewry.

In 1969–1970, R. Dov Zlotnik taught me Tractate Niddah. He espoused the doctrine that God cares that the Torah be observed and that critical textual tools are necessary in order to accurately parse rabbinic texts. After all, “You can’t get Torah right if your textual readings are wrong.” This fervent commitment to the “scientific" reading of religious texts implies that God really talks to Israel through the Torah textual canon. I came to realize that R. Zlotnik was presenting the view of his own teacher, R. Saul Lieberman, in contrast to the Hazon Ish’s view, for whom the practice of the pious is divinely ordained and we do not change “Tradition,” here popular usage, based on book or manuscript evidence of what the Torah really says. This difference of opinion reflects the two streams within Orthodoxy that were battling each other in my brain. These JTS scholars reminded me of Professors Ta Shma and Kutcher; they were the real Jewish deal. My “faith,” or confidence in Conservative Judaism, however, continued to dissipate. Although its logic seemed convincing, most of my classmates and for that matter, many Conservative rabbis, did not live up to their own professed commitments.

The concern for an accurate reading of Torah had little consequence, or interest, to them. I was becoming disenchanted by what seemed to me to be an integrity problem; professional Conservative Jews peddled a “religion” they did not profess. They only partially believed in the repackaged Judaism that they themselves had invented. For popular culture Conservative Judaism, critical study was the tool by which the normative Oral Torah canon is de-authorized; for mainstream Orthodoxy, academic Torah criticism was taken to be the audaciously arrogant human criticizing of God’s word. R. Ahron Soloveichik wrote that academic Torah studies undermines “the Torah’s holiness.”

When I invited Rav Haim Zalman Dimitrovsky to attend my wedding, he said “yes,” but only after I assured him that my wife and would be observing the family purity rules. My wife, the former Linda Bender, then a JTS librarian, was an Orthodox woman of culture, dignity, and refinement. Here was a woman whose piety, propriety, and prowess was and remains unmatched (See Proverbs 31:29). Her parents, Mayer and Eva Bender, were Holocaust survivors who raised their children to be observant, ethical, religious, Zionist, devoted, and above all, sincere. R. Dimitrovsky was only partially satisfied.
Concerned that the wedding be “kosher,” he was assured by his then star student, Prof. Daniel Boyarin, “It’s okay, the mesadder keddushin was concerned about your kashrut.” R. Dimitrovksy was not offended, he was actually put at ease.

R. Dimitrovsky’s shi’ur was also the vetting crucible for the JTS “Talmud program,” in which JTS created as an academic Talmud Kollel, where Judaica scholars in training would, in addition to their PhD studies, become experts in academic Rabbinics under the direction of R. Dimitrovsky and R. Lieberman. Since my doctoral interest was in Modern Hebrew literature, I never volunteered to recite in R. Dimitrovsky’s class because I was not vying for an invitation to that program. R. Dimitrovsky’s elegant Hebrew lectures, brilliant insights, and perceptive sense of literary nuance were also exercises in Torah study. Thinking I was coasting in class because I always sat silently, R. Dimitrovsky began my oral examination sternly. I defensively memorized the Gemara, Rashi, and Tosafot of the second and third chapters of Megillah. He asked me, “Please summarize what you have learned,” so I recited what was fearfully committed to memory with some, but for sure not all, of his many textual observations. Surprised that I actually learned what he thought was a reasonable amount of material, he invited me for Shabbat lunch, a very high honor from a very great person. He said that he is a vegetarian and serves a meatless cholent. I then asked him, “What will you do when the Bet haMikdash is rebuilt?” Clearly pleased with the query, and smiling broadly, he responded, “sheEzkeh leVe’aya zo,” “would I only merit to have to deal with that problem.” His comment is not only the face of the old JTS that deserves to be memorialized, this is the enlightened Orthodoxy shared by Profs. Ezekiel Kutcher, Nehama Leibowitz, Israel Ta Shma, and Gavriel Cohen. It represents Modern Orthodoxy at its elegant best; it is also the Orthodoxy that I later came to adopt.

In Fall 1970, I was assigned to R. Yosef Faur’s shi’ur and, 45 years later, while we both have left Conservative Judaism, I have never left his classroom or his shadow. He became my Rav Muvhak. Like conventional Orthodoxy, he rejected Higher Biblical Criticism. But unlike most Orthodox believers, he respected the JTS Bible Critic Prof. H. L. Ginsberg, for whom he would stand when he would enter the room. Prof. Schiffman of NYU, in a personal communication, corroborated R. Faur’s assessment of Prof. Ginsberg’s personal piety.

In his shi’ur, R. Faur patiently showed his students how talmudic sugyot are crafted, how the Hebrew and Aramaic terms must be precisely and grammatically understood, and how Jewish law may be derived from talmudic syntax in Maimonides’ legal paraphrase in the Mishneh Torah. His Jewish practice, like R. Lieberman’s, was consistent, sincere, and informed by his own careful, philological reading of Judaism’s sacred texts. R. Faur’s Judaism was not based upon any mimetic culture consensus, folk convention, or conjectured concepts read into the canon by the post-talmudic “great rabbis” or “Masoretic sages”; it is grounded in his own passionately committed, academically informed confrontation with his own, trained, insightful eyes. For him, Israel’s Torah is neither a mere evolving ethnic civilization nor the intuitive, oracular insight of uber rabbis; it is the legal contract between God and Israel that is recorded in a library that is readable, accessible, and empowering because the learner is able and encouraged to read, allowed to think, and authorized to reach her/his own reasonable and defensible conclusion. And the Torah’s public wisdom empowers lay plebes to evaluate rabbinic patricians by comparing individual rabbinic statements to Torah’s unchanging words.

From R. Faur, I learned that according to Orthodox Judaism, the right to issue apodictic decrees after R. Ashi has lapsed (bBaba Metsi’a 86a). There is no legal organ called “the posekim.” To legislate for all Israel, one must be authorized to legislate by all Israel. Daas Torah, or authentic Torah opinion, may only be determined by reading the sacred canon carefully and not by deferring to post-talmudic enfranchised elites reverentially.

R. Faur is a legal positivist. “Tradition,” i.e., the legal authorization to issue hora’ah, apodictic Oral Law legislation, really did end with Rav Ashi (Maimonides, Introduction to the Yad). However, in folk-tradition Orthodoxy and in the yeshiva ideology that this folk Orthodoxy lionizes, the Orthodox Jew is “trained,” conditioned, and socially required to surrender one’s will to God, as understood by a self-designated rabbinical elite. To their view, only the great rabbis possess the tradition, intuition, and insight to render a normative opinion.

For R. Faur’s and academically informed Modern Orthodoxy, the Torah “Book” may also be used by the people to assess its rulers and their rulings. Jewish law applies an identifiable legal hermeneutic to the descriptive study of Torah’s prescriptive rules. Authentic Jewish laws are formal acts of legislation issued by Torah authorized legal organs; these laws are not mere intuitions, conventions, culture habits, or rabbinical proclamations. If a great rabbi issues a ruling that contradicts the plain sense of the Talmud’s text and law, that great rabbi’s opinion is subject to review. The Torah is given to “us,” all of us (Deut. 33:4). There are no secret traditions, no privileged intuitions, no ontologically privileged post-R. Ashi “Masoretic sages” who are empowered to authorize new blessings (like she’asani kirtsono or ‘al mishm’a megilla), to forbid acts otherwise permitted other than for their own community (women wearing tallit), where they possess jurisdictional rather than charismatic authority.

I have been told that Israeli Ashkenazic Jews may not wear tefillin on the intermediate festival day. Israeli “Orthodox” practice follows the (Tikkunei) Zohar, which rules that tefillin may not be worn at this on the intermediate festival day, against the views of Maimonides, Asheri, and R. Isserles, the latter two rabbis ironically reflecting the Ashkenazic “Tradition.” But I am on academic grounds convinced that both the Zohar and Tikkunei Zohar are forgeries that lack Torah authenticity, canonicity, or normativity. A not vetted mystical commentary may not be allowed override vetted Oral Torah law. After all, the reason we must be required to wear tefillin on the intermediate festival day is that it is permitted to write tefillin at this time. However, plebian Orthodox rabbis are pressured to conform, defer, and submit to the great rabbis, even in the face of inconsistency, and may not express their own independent, informed Torah opinion.

I once asked a YU/RIETS Rosh Yeshiva, “If Conservative Judaism is wrong when it institutes post-talmudic berakhot, why is R. David Abudarham allowed to authorize she’asani kirtsono?” He growled, “hmmmph” and angrily walked away. R. Moses Isserles says that women who wear tallit are “arrogant” (they exhibit yohora). I am constantly reminded that “Ashkenazic Jews are supposed follow R. Isserles’ opinion.” But we are required to follow one rabbi’s position only if we are unable to decide the issue for ourselves. A trained rabbi, by dint of his ordination, is ordained to make one’s own learned assessment and judgment. The difficulty with R. Isserles’ view is that the Talmud actually permits women to lean on their sacrifice, like men, to order to allow them to feel good (bHagiga 16b). Women are not obliged to observe men’s commandments, but they are not forbidden to observe them, either. Jewish Law only requires “truth in packaging.” Maimonides permits women to observe both the tallit and lulav rites, but disallows the commandment blessing for either ritual (Tsitsit 3:9).

As noted above, Tosafot rules that one may clap and dance on Shabbat because the reason for forbidding the dancing and clapping no longer applies in his time because we do not know how to fix musical instruments (see bBetsa 30a). Since now we know how to fix musical instruments, are we now to outlaw Simhat Torah clapping and dancing? Similarly, since we have indoor plumbing, and human hygiene has improved since the High Middle Ages, the professed Tosafist concern with medieval women’s hygiene should not any longer apply and women ought to be permitted to don tefillin, should they wish to do so. The actual reason underlying Orthodox folk culture’s restrictions regarding women is “Masorah,” rhetorically alluding to the Tradition of Sinai that ended with Rav Ashi but is in fact the reification of regnant Orthodox culture into covenant. This sense of “Masorah” is invoked in order to stifle legally permitted behavior and may not be subject to review by any local rabbi. While my JTS Orthodoxy took Torah law seriously, it limited my effectiveness in most but not all mainstream Orthodox settings. Orthodox laypeople wanted to be validated, not challenged; the inherited Orthodox culture “had” to be the Torah of Sinai, without questions asked—or allowed.

R. Mordecai M. Kaplan once argued very correctly that Conservative Judaism (of his day) is in fact a coalition of Modern Orthodox moderates and nostalgic reformers. This center could not hold because, like the Church of England that Solomon Schechter admired, in the Conservative Judaism of bygone days one “acts frum and thinks krum,” i.e., one conforms to culture expectations without the supporting faith commitments. But without belief, behavior cannot long be maintained and belonging will not be sustained. If there is no Commander, there are no commandments. In cookie-cutter Orthodoxy, the gap between the ideal and the real is suppressed so as not to scandalize the plebian masses; the Conservative Rabbinical Assembly celebrates this gap in order to de-authorize the Torah.

While I viewed myself as an academic, Providence had other plans. My first and second full-time positions were at the Baltimore Hebrew College, which I left after two years when my PhD was completed, and at SUNY Albany. I taught Hebrew literature, Rabbinics, and Bible at both schools. After failing to earn tenure at SUNY Albany, when my Judaic Studies’ Department’s unanimous positive decision was overturned, I assumed my first full-time rabbinic position, the then denominationally hybrid First Hebrew Congregation of Peekskill, New York. This Congregation had both uptown Conservative and downtown Orthodox branches. On Shabbat, I served the uptown Traditional Conservative branch, including reading the Torah, and during weekdays, I attended shaharit prayers and said a morning shi’ur for the elderly retirees, in the style of R. Lieberman’s morning devar Torah, providing for them a morning activity. Since there was no seriously younger observant community available for my family, we left after two years for Spring Valley, N.Y.

My second and last full-time Conservative position was the now defunct Jewish Community Center of Spring Valley, then a stalwart of what was Conservative Judaism’s halakhic wing, now the independent Union for Traditional Judaism, the American UTJ. At this flagship synagogue, the Conservative version of “Tradition” was respected but not revered; Judaism was honored in public but ignored in private. Upon arrival to Spring Valley, I found the community torn between “liberals,” who wanted to reframe Torah in the image of the now egalitarian ethic emanating from JTS, and “traditionalists,” themselves mostly but not fully committed to Jewish law, but adamant that the woman sitting in the next pew should be seen in her seat but not heard in public. The JTS gave lip service to the local rabbi’s rabbinic authority and autonomy, but pushed its egalitarian agenda as “the” authentic Conservative Judaism, undermining the legitimacy of its own rabbinical alumni who dared to dissent from its aggressive egalitarian theological narrative. “Pluralism” is invoked only by people out of power.

Rabbis with a classical halakhic conscience could either accept and adopt the new egalitarian dogma or leave their positions, livelihoods, and calling, to rabbis more flexible and loyal to the new JTS narrative. This egalitarian agenda was not invoked to advance women in Judaism, but was used to jettison halakha as it has historically been understood. Chancellor Ismar Schorsch, a profoundly polite, decent, and generous gentleman, trying desperately to staunch the ideological bleeding borne of rancorous debate, declared that women may be invested as Conservative cantors because of what he declared, with apodictic certainty, authority, and finality, to be an “ethnical imperative.” For Schorsch, conversation and debate are unnecessary and divisive. At the new JTS, the Torah is no longer an ultimate concern, it is only a social accessory.

The “Orthodox” Conservative rabbis represented that one bloc that is able and willing to question the JTS’s legitimacy, and had to be destroyed. By viewing Jewish law as a legal order with rules, the “Orthodox” Conservative rabbis possessed the autonomous benchmark by which JTS may be judged. Ironically, the institutional center of critical Jewish studies was not happy when its judgments were subject to legal judgment.
Non-Orthodox laypeople came to the Conservative synagogues to in order to experience “religion,” but were only offered taste culture. This population became increasingly unsatisfied with the social product being offered by the Movement. So attendance, membership, vitality, and the financial viability of Conservative Judaism and the JTS all went into decline.

The ordination of women as Conservative rabbis was the immediate cause of a) the breakaway Traditional Conservative movement and b) the rapid decline in the Conservative Movement’s professional product, communal reputation, religious identity, and financial solvency. The Rabbinical Assembly membership was asked to vote on women rabbis by framing the question, “Is the act of ordaining women a violation of Jewish law?” I saw then, and see now, no Oral Law violation regarding awarding worthy women the rabbinic diploma. But after this vote passed, Chancellor Gerson D. Cohen then announced to the Rabbinical Assembly, as if by dint of the power invested in his JTS Chancellor’s office, to his view the Patriarchal leader of Diaspora Jewry sitting on the “seat of Moses,” that the Conservative Movement now must break with Jewish law in order to ordain “real” women rabbis.

At that moment I could no longer make excuses, justify, or explain away duplicity. The Rabbinical Assembly vote was not presented to its membership as a poll to abrogate Jewish law, yet this plebiscite was applied to do exactly that. Mordecai Kaplan’s center did not, would not, and in retrospect, could not hold.

It was also during my Spring Valley Rabbinical stint (1983–1987) that I read and reviewed Prof. Jacob Neusner’s breathtaking Judaism: the Evidence of the Mishnah, where the religion of Oral Torah Judaism was conceptualized based upon a taxonomy of the structure, themes, and style of the Mishnah. After publishing a laudatory review of the book, which explicates the Judaism encoded in the Mishnah based on documentary evidence rather than on political or religious ideology, and which teaches the reader how to study “religion” as an academic discipline, Prof. Neusner not only wrote me a most gracious note, he generously adopted me as a student, teaching me how to how to explicate halakha. Halakha had now replaced Modern Hebrew literature as my academic interest, for evidence for decoding Judaism as a religious system. Prof. Neusner was ordained Conservative to the Conservative rabbinate, but he found his spiritual home in the Reform Judaism of his youth. However, his method for studying religion revealed to me that Conservative Judaism was not really religiously heretical, but actually spiritually empty, a movement without a message or product. I am not denying the sincerity of all Conservative Jews; it is improper to judge others in spiritual spaces other than my own. It was Prof. Neusner’s academic method that empowered me to evaluate my life’s events, to evaluate by own subjectivity as an object to be examined.

Betrayed by the new antinomianism of JTS, I turned to Orthodox colleagues, particularly at Yeshiva University (henceforth, YU), for help, and got it. After some clandestine meetings at YU, with the approval Rabbis Norman Lamm, Abner Weiss, and Louis Bernstein, arrangements were made for me to study and be tested on Yoreh Deah vol. 1, be re-ordained Orthodox, and like Rabbi Bernard Drachman (1861–1945) three professional generations earlier, switch affiliation and find a position that ultimately required a 45 percent cut in pay.

Surprisingly, the semikhah exams were thorough, but not otherwise daunting. The JTS Talmud faculty prepared me well to learn, study, and research. I was tested by and received ordination from Rabbis Oscar Fasman of Chicago’s Beis Midrash le-Torah, Moshe D. Tendler of Yeshiva University, and Mordecai Eliyahu, at that time the Sephardic Chief Rabbi of Israel. R. Fasman was a learned, generous, pious, and proudly American Modern Orthodox Jew. Like R. Lieberman, he observed Thanksgiving, a) making a point of informing me of that factoid and b) still testing me, asked me for my reaction to his celebrating Thanksgiving. I replied that I recall no explicit prohibition regarding eating a festive meal on November’s last Thursday and R. Moshe Feinstein wrote that America is a land of kindness (Igrot Moshe Hoshen Mishpat 2:29, s.v. zeh haDavar), that should be acknowledged with gratitude. His broad smile and his very adamant insistence that he feed me dinner before I returned from Skokie to Spring Valley indicated that my response pleased him; it was at that moment that I became an Orthodox rabbi. Noting my exuberant mood upon my return to the office, the synagogue office manager exclaimed, “you look like you swallowed a canary,” a most ironic comment for one just tested on the Jewish kosher laws the previous day. I then realized I was no longer a right winger within Conservative Judaism, but a left winger within Orthodoxy. Thinking like a liberal would prove to be challenging.

My second semikhah examiner was R. Moshe Tendler. Quickly and astutely noting my defensive, panic penchant for committing factoids to memory, he warned me that “floppy discs can remember but a Rov has to think.” His examinations were exercises and tutorials in how to render a halakhic decision according to Ashkenazic tradition. R. Tendler breathed R. Moshe Feinstein in everything that he taught. And since R. Tendler is a son-in-law of R. Moshe, in addition to learning the standard Yoreh Deah page, I thought it prudent to review anything and everything that R. Feinstein wrote in his Responsa regarding the test material. Roughly 40 percent of R. Tendler’s questions actually dealt with issues discussed in Igrot Moshe. This preparation strategy made me appear much more competent than I really was. However, at the very first exam, the laws of kosher slaughter, R. Tendler opened, “What is an epiglottis?” The correct answer of course is “turvats haVeshet.” But since this scientific term did not appear in Yoreh Deah, I did not know the answer. Thereupon R. Tendler reminded me, nurtured on Wissenschaft des Judentums, the so-called “science of Judaism,” that “here (at Yeshiva University) we do Torah uMadda, ‘Torah in the context of (real) science.’” At YU, a Rosh Yeshiva can also be a biology professor. But God, Whose sense of humor is infinite, “condemned” R. Tendler to have to contend with my son, R. Josh, who enrolled in his shi’ur for two years.

The very first question of R. Tendler’s second examination, the Laws of Salting (meat), was “what does sodium chloride do to a colloid?” I said something about the lower the atomic valence, the greater the physical pull, and with NaCl, the two atoms having valences of +1 and –1, respectively, this is the most effective salt for extracting blood from meat. Unlike solutions, which are singular substance, a colloid is a mixture in which different substances are suspended in each other and retain their physical and chemical identities. Like R. Fasman, R. Tendler smiled broadly, the ice was broken, and real warmth radiated from the gentleman.

Only when I was about to leave Spring Valley would I take possession of R.Tendler’s ordination certificate, which was co-signed by R. Norman Lamm. Once the professional mover loaded my furniture and effects on the truck, to my first fully Orthodox position, did R. Tendler place his ordination document in my hand saying, “With your power and strength of your hands you accomplished this feat,” an ironic twist upon Deuteronomy 8:17. He then added that since I was at that moment trained and authorized to render halakhic rulings, I may no longer ask him questions unless I do my homework and reach an impasse. This relationship is called shimmush, fieldwork in situ. To this day, I call Rabbis Faur, Tendler, and Prof. Levine before Jewish holidays as formally required by Jewish law. (bRosh haShanah 16b and bSukkah 27b), because they are the mentors who shaped my mind.

My first Orthodox rabbinical position was Congregation Israel of Springfield, NJ, a Modern Orthodox synagogue, at that time (1987–2002) populated by traditionally minded non-observant, nostalgically informed older families and some very liberal Orthodox young people, with a smattering of people with Hareidi inclinations, if not commitments. The elderly, retired rabbi, then emeritus, R. Israel Turner, was a worldly, well-read, staunchly sincere custodian of Tradition. The community believed that it required a young face who could mediate the growing tension between its own Right and Left, being Orthodox while remaining current. It was here that I shared the “lifestyle” of the community, realizing how much a child of my parents I remained. My mother, Miriam, became moderately observant later in life, in response to me and my sister, Linda, who married a YU rabbi, R. Stuart Grant. My mother was a fanatic about “always doing the right thing.” Exacting ethics, proper grammar, accurate spelling, and correct manners were “the right thing to do.” She almost completed her BA at Gratz College, a feat accomplished by Robin and Karen, my other sisters, as well. While not Orthodox, these sisters remained informed and active thinking Jews. While my father, Samuel, had no Jewish education at all, in his later years he became comfortable in the synagogue. From him I learned that to be a good salesman, one has to be scrupulously honest and serve the customer loyally and faithfully. Trust must be earned; a reputation is a tradesman’s most important possession. From my father I learned that a rabbi is a salesman, the Torah’s apostle to God’s people with a mission to serve, advise, listen, laugh, cry, and befriend, in addition to teaching Torah. R. Grant helped me negotiate the social web and unwritten but accepted rules of the Modern Orthodox rabbinate, how to be an effective rabbinic counselor, and forced me to think and rethink my positions, policies, and plans critically. He showed me that people who will never change their minds often do not have minds to change.

During my Springfield years, I taught at B’ruriah High School for Girls, Stern College for Women, and finally, at Touro College. B’ruriah positioned itself on the Modern/Hareidi border, requiring serious academic standards as well as total Torah commitment. R. Elazar M. Teitz and then Principal Chaya Neuman ran a class-act school! Although Touro College fostered a more right -wing Jewish position than my own, it was nevertheless the most professionally rewarding academic position of my teaching career. And Touro College did not pay well! The faculty was caring and friendly, the administration concerned and helpful, and the students appreciated a school that was invested in their individual success.

At one faculty assembly, R. Bernard Lander gave a superb lecture on teaching critical thinking to students. My personal scholarship was valued, my teaching assignments included both Jewish and general courses, and each semester presented me with an opportunity to grow. In a night class in Judges, I taught that the name of Samson’s Philistine “girlfriend,” Delilah, means “guide” in Arabic. She led her blinded Samson, who was guided by God’s providential hand. An undergraduate named Francine screamed, “Only God could write such a narrative.” This was the most rewarding moment of my academic career, which sought to synthesize Torah learning and the academic search for truth.

Before submitting a paper to a journal, I asked my supervisor, R. Chaim Strickman, for approval, because I did not want to publish a paper that might embarrass the College. He told me that Dean Stanley Boylan, a worldly Hareidi scholar, said, “We believe in academic freedom. Yuter should publish what he thinks.” R. Strickman spent his own scholarly efforts explicating R. Avraham ibn ‘Azra, who is ever so cleverly depicted by R. Strickman as a medieval exemplar of a modern, worldly Orthodox Jew. He remains a valued friend to this day.

In my two Orthodox rabbinic positions, I found the professional tasks tiring but thrilling. Almost everything I did seemed to be important. My initial Congregation Israel contract stipulated that my rulings be rendered “according to the Shulhan Arukh.” I happily and with a broad grin signed the contract. When asked what I found amusing, I replied “I’m not sure that you realize what you are asking me to sign.” In the lay Orthodox mind, “Shulhan Arukh” is a virtual synonym for social Orthodoxy, the real-life religion of the Orthodox street. But when confronted by what is actually recorded in Shulhan Arukh, those whose Orthodox template was Yeshiva culture slowly came to realize that the alternative Orthodoxy I taught, while rational, was not the Orthodoxy with which they were familiar. One kindly, perceptive past synagogue president suggested to me that “I re-invent myself, grow a beard, look more frum, and ‘rise’ to the expectations of the synagogue’s ‘more frum’ members, who are the synagogue’s future and who would like me to lead them where they want to go.” After all, “The high school children are going to hear one view of Tradition, and it is not yours. You are too intellectual, sincere, and hopelessly naïve. Since you were not raised Orthodox, you do not know what are our ‘acceptable sins.’”

I was asked by this group within the community to raise the mehitsa, outlaw social dancing at all Congregational events, and present a more “right-wing” image of Orthodox life. These Jews were not necessarily stricter than others in their private lives; they wanted the right affiliation, a validating identity, and the “yeshiva image” of authenticity was their Orthodox culture anchor. “Right” in this context is a place on the ideological Orthodox continuum, not a statement of theological correctness or ritual precision. Piety is a matter of marketing. Orthodox Jews do what is accepted and expected in their community, with a social premium being placed on conformity of conscience; Orthodox authenticity is conditioned by convention and celebrated by being more “religiously,” or ritually, strict. Internal sincerity is both manifest and measured by the accepted and expected external gestures of parochial “otherness.” “Spirituality” is based on community identity and sacred belonging, not by probing, thoughtful reading, or precise application of the sacred canon. Only the great rabbis, i.e., the “Masoretic sages,” are authorized to read, understand, or prescribe according to this culture’s version of Tradition. Only they are authorized to read the Torah library with infallible accuracy; other rabbis, including me, have no right to alternative perspectives, however reasonable those readings might be. While some found my alternative orientation refreshing, others found it jarring. “Tradition” for these others is not memorialized in the Talmud of Ravina and Rav Ashi, it is the un-coded, ongoing revelation intuited by and transmitted to Orthodoxy’s great sages.

One congregant was surprised that my rabbinic family accepted invitations to congregants’ Shabbat table. Grateful for the Shabbat talk topic, I explained that observant Jews must be trusted in matters of ritual, unless there is specific information that would indicate otherwise, (bGittin 2b), and those who suspect others without adequate cause are themselves worthy of lashes (bShabbat 97a and bYoma 19b). But this policy clashed with the practice of other Orthodox rabbis, who would not be so lenient in personal practice. For popular religion Orthodoxy, being “more strict” means being “more religious” and therefore more authentically Orthodox, and is not measured by an academic reading of the Oral Torah library.

When asked why I did not take more time to recite the amida prayer, I referenced bBerakhot 31a, which describes R. Akiva’s extended prayer when praying privately, a discipline—and inconvenience—that he would not impose upon the larger community. My incredulous interlocutor questioned, “Don’t other Orthodox rabbis know that?” I was asked what I mistook to be a question regarding Jewish law for a complaint regarding socially conditioned accepted expectations. While I was immersed in studying Torah, I was at the time oblivious to the folk religion lived on the street and in the homes of people whose real religious template was learned from communal life experiences and not from probing or applying holy texts.

A semi-observant member with a Hareidi Jewish template once asked me to check and attach mezuzot to his new home’s doorways. Following Maimonides (Tefillin, Mezuza, and Torah 6:1), I exempted doorways without doors, hinges, and open-arch walkways. He was told by Hareidi rabbis that my policy is wrong; he was told that Orthodox Jews take pains to observe mitzvoth. When informed of this person’s displeasure by my insightful past president, I suggested that mezuzot are not amulets (Tefillin, Mezuza, and Torah 5:4). This member came to his question with a folk-religion template, and I unwisely answered the question from a book-religion perspective.

These two conflicting Orthodoxies were the focus of a conflict that simmered between me and Yeshiva Tiferes Baruch, founded by Rosh Yeshiva R. Elya the son of R. Baruch Sorotzkin of Telz. R. Sorotzkin was looking for an “out of town” site for his small, Hareidi yeshiva, the goal of which was to nurture talented young men for Hareidi Torah greatness. Since I was still a naïve believer in pluralism and did not grasp the Hareidi worldview, I both welcomed the Yeshiva and supported its fundraising efforts. After all, my own rabbinic work product was not going to satisfy everyone. My local RCA colleagues warned me against welcoming the “Springfield Yeshiva”; they feared that its presence would undermine my rabbinic office. To my mind, my RCA colleagues were unable to defend their Modern Orthodox ideologies upon challenge. What I did not realize was that academic halakhic correctness is irrelevant, but political/theological correctness is essential, and for R. Sorotzkin, Modern Orthodoxy is Torah Lite. When one Purim there was excessive drinking at the Yeshiva and a drunken young man was seriously injured with broken glass, I taught Maimonides, Laws of Sales 29:18, which explains the halakhic status of toxic stupor inebriation and why entering this state is improper. While the talk resonated with most congregants, the remarks reached the Yeshiva, the response of which was, “Who am I to challenge ‘Tradition’?”

When the Yeshiva purchased a Church building for its campus site, I innocently asked, “How is it permitted to enter its functioning sanctuary?” I was told that a) since the denomination (Church of the Nazarene) does not use idols, the sanctuary is not idolatrous, and b) R. Sh’lomo Zalman Auerbach, a great Hareidi said so, and the ruling is thus a legitimate opinion. Still unaware that Hareidi and my formalist Orthodoxies are different Judaisms, I foolishly followed up by asking, “If offering a sacrifice to the spirit of the archangel Michael is idolatry, why would praying to God’s ‘son,’ even without statuary, be different?” (see bHullin 40a). The Rosh Yeshiva was not pleased with my misplaced curiosity; after all, R. Auerbach had spoken and could not be questioned. After learning about R. Auerbach and his integrity, I suspect that R. Auerbach would have responded to the query quite differently.

The third clash with the Rosh Yeshiva came in the wake of my support for R. Lamm’s advocacy of the Ne’eman Proposal, which provided for technically Orthodox pluralist conversions in Israel. Hareidi Orthodoxy rejected the proposal out of hand, and R. Lamm, whom I hold in high regard, was called an “enemy of God” by R. Elya Svei. Because I endorsed R. Lamm’s proposal, I was denounced by the Rosh Yeshiva. One of my members who heard the denunciation ran to my office to denounce me. At first, the very sincere and religiously passionate person could not believe that R. Lamm would or could have taken this position. Upon discovering that R. Lamm indeed ruled in favor of liberalized conversion standards, he apologized to me.

I came to realize that the Yeshiva/Hareidi worldview is encoded in a religious narrative that supersedes Jewish law. By law, the convert must accept the commandments as binding, and assessment of this acceptance is the prerogative of the local rabbi. The Hareidi narrative reconstructs the law to require lifetime complete observance to maintain “Orthodox” Jewish bona fides. (Isaac Schmelkes, Beis Yitchok, Yoreh De’ah 100). The inner Orthodox debate is not about the right reading of holy documents or about discovering a verifiable “truth.” At Laws of Forbidden Intercourse 13:17, Maimonides merely memorializes bYevamot 47a–b, which reflects the Orthodoxy of the Oral Torah. Subsequent non-compliance to the commandments cannot be grounds for revoking a convert’s Jewish identity.

The Modern Orthodox rabbi’s narrative is informed by the Oral Torah canon; the Hareidi narrative is informed by its elite’s policy. By applying Jewish law based on the plain sense of the Orthodox canon, Modern Orthodoxy takes God at His word, which is not in Heaven (Deut. 30:12), and is therefore readable. Alternatively, Hareidi Orthodoxy sanctifies the great rabbinic person, the normative Torah incarnate. Therefore, R. Lamm is an enemy of God according to the Hareidi narrative, and I am worthy of denunciation because I did not defer to the Hareidi narrative and its own inspired narrators. Orthodox laypeople hear the Hareidi narrative and believe that it is congruent with Oral Torah canon. Since I am convinced that Hareidi Orthodoxy sincerely believes its Narrative and Tradition reflect God’s will, I believe that respectful dissent will plant seeds, but cannot bring about a change of heart in the near term.

After 15 years, Congregation Israel’s young leadership, having internalized the Hareidi narrative, at least in part, correctly realized that I could not and would not re-invent and transform myself into the rabbinic image advanced by the yeshivot that their children and the potential new members they sought to attract would find appealing. While my orientation was respectable, it was not marketable. The synagogue needed to grow, and the purist book Orthodoxy I advocated did not resonate with the Orthodox culture that was the only Orthodoxy they knew. Congregation Israel wanted more “spirituality,” emotion, ritual, and rigor, in concert with the Orthodox “move to the right” in search of a validating religious identity.

I was honored with emeritus status and turned to full-time teaching at Hillel Yeshiva and at the Union for Traditional Judaism (2002–2005). While I also considered aliya at this time, and was offered teaching positions at Sha’anan College in Haifa and at what is now Ariel University, family considerations made this move impossible. But at both Israeli schools I found Orthodox Jews like me, academically trained, professionally aware, and passionate about Torah observance and learning. When interviewed by R. Sh’lomo Riskin, he advised me to earn a Yadin Yadin semikhah so that I could serve on his envisioned Bet Din for conversion. R. David Halivni, who also left the JTS and the Conservative Movement, then the Resh Metivta of the UTJ (as well as Professor of Religion at Columbia University), became my boss as well as my Yadin Yadin mentor. The initial RCA response to my UTJ appointment was negative, immediate, and instructive; the UTJ, whose faculty orientation was JTS Orthodox, with a Sephardic Hakham, and another YU ordained rabbi on staff as well, whose synagogue has a mehitsa (the JTS synagogue only had a separation), was still not seen by some within the RCA to be institutionally Orthodox. I was ordered to resign the UTJ position immediately. A leading RCA officer intervened because, after all, the UTJ could not be faulted for its roots, from which it clearly broke, and most UTJ rabbis were unprepared to earn an Orthodox ordination for the “privilege” of taking a substantial cut in pay. At stake in this conflict is whether Orthodoxy’s ultimate benchmark is the Torah covenant or its institutional franchise, between an open-book text Orthodoxy and a social, subjective, mimetic Orthodoxy for which the culture of the Orthodox street is justified by its reading of the Orthodox canon.

R. Halivni’s Yadin Yadin program lasted nine years. Two years were spent reviewing Yoreh Deah. Apparently, R. Halivni wanted to be certain I was capable of teaching this material to UTJ’s rabbinical students, so I had to be retested on this material as well. But now, R. Ovadia Yosef’s Responsa summaries in Yalkut Yosef had become available, making the preparations far less onerous. During my exam on Damages, R. Halivni asked if I had ever studied legal theory, and if so, with whose position did I identify. Upon offering “Hans Kelsen’s Pure Theory of Law” and Maimonides’ Mishneh Torah, both of which regard law as “a normative legal order and hierarchy of value,” R. Halivni then confided to me that he earned an MA in Philosophy at NYU and found Logic and Philosophy of Law to be helpful in his own Torah learning.

All but his first exam took place at Jerusalem’s Hebrew University’s Giv’at Ram campus. The first exam was on the laws of Judges and Testimony, and took casual place in my car as I was driving from Teaneck, NJ, to New York City, with R. Halivni sitting in the front seat next to me and three young men sitting in the back seat. R. Halivni asked me to identify the underlying principle regarding kosher witnesses (Hoshen Mishpat 34), at the time a matter bitter contention between the UTJ and JTS. UTJ rabbis uniformly refused to accept the bona fides and credentials of JTS rabbis who rejected the Oral Law.

I answered, “The issue is ‘who is a good Jew.’” Having been fortunate that R. Halivni asked me questions the answers to which I knew, one of the three back seat passengers asked, after R. Halivni disembarked, “Weren’t you nervous?” I said something like, “If only you knew. I just hoped he would not throw me a curve.”

After each exam, R. Halivni assigned a topic and a research question to prepare and to answer. I was told to prepare to be grilled on sefek sefeka, the principle of a double doubt, and grill me he did. One exam took place at a Hebrew University library private room. While being questioned by R. Halivni, Prof. Haym Soloveitchik, the eminent historian of medieval Ashkenaz, was sitting and watching the exam spectacle with great amusement. During another exam, this time at the Hebrew University library patio, the Israeli sociologist, Prof. Menachem Freidman, came over to shmuz. I found the interruption odd, but very relieving. In this context, R. Halivni appeared to me not as the critical scholar sifting through talmudic sources and traditions, comments and glosses; in this context, he was an old-fashioned Hungarian Rov and dayyan who looked to be lenient when appropriate but knew when to be stringent when necessary.
While R. Halivni accepted me as a student, he always related to me as a colleague. At a Teaneck, NJ, UTJ conference, during the lunch break, I left the UTJ synagogue in order to eat. The very fine UTJ officer, Douglas Aronin, asked me why I needed to leave the room. I referred Mr. Aronin to bMegillah 28a (which I learned years earlier with R. Dimitrovsky), which forbids “undue casualness” (kallut rosh), a category that includes eating and drinking in a synagogue sanctuary. Taking umbrage at what he took to be a slight to R. Halivni’s honor and authority, Mr. Aronin demanded that I explain my reasoning to the Resh Metivta, R. Halivni, whom he felt I had slighted. Upon my referencing bMegilla 28a, R. Halivni cited without hesitation, flinch, or hesitation, “Diaspora synagogues are built on condition,” so leniency is here appropriate. His learned colleague, R. Dimitrovsky, also taught me well; I responded, “That this leniency only applies when the synagogue is in disrepair, and the UTJ synagogue sanctuary is currently in good repair.” Far from being insulted, R. Halivni appreciated the exchange, quipping that “Hassidim are lenient on this matter.”

Again his student, I now attend R. Halivni’s weekly Hebrew University Talmud shi’ur, where he performs his magic in explaining how the Babylonian Talmud came into being. I am now almost 70 years old, and again have found a rebbe whose ‘iyyun shi’ur opens the eyes, sharpens the mind, and gladdens the heart with its clear, straight reasoning.
When the B’nai Israel of Baltimore (henceforth, BI)) pulpit became open, I was asked to apply for the position, at that moment with two of the nine Yadin Yadin exams behind me. BI had let go its previous Ner Israel trained and ordained Hareidi rabbi, who presented himself to BI as “Modern Orthodox,” but nonetheless forbade a BI outing to New York City’s Metropolitan Opera because, to his view, such an excursion violates kol isha, the alleged generic prohibition of women’s singing in men’s presence. Upon being dismissed from his at-will contract, this rabbi proceeded to sue BI in the Hareidi Bet Din of Baltimore for wrongful termination. After all, “Jewish law forbids firing a rabbi” because “R. Moshe Feinstein said so.” At my first search committee phone interview, Mr. Frank Boches, the most Jewishly well-read Orthodox lay leader I have ever met, who knows liturgy, hazzanut, Jewish law, history, and theology, asked me, “How do you render halakhic decisions in general, and how are you holding regarding women singing?” I answered that I am a “letter of the law legal formalist,” to which Mr. Boches said, “We don’t want to hear that.” In response, I suggested that he really did want to “hear that” because Judges 5:1 finds Devorah singing with Barak and Shulhan Arukh Orah Hayyim 75:3 only suggests—and does not forbid (yesh leHizzaher)—that men ought not to hear women singing during the recitation of Shem’a during prayers.

BI wanted to preserve its Orthodox identity, but without obsession, parochialism, or fanaticism. It was not interested in the social traditions of Eastern European conventions. While BI understandably identified Hareidi policy with Orthodox halakha, it begged for an unashamed—and unapologetic—Modern Orthodox identity, product, and message, that Torah values are reasonable, accessible, and do not require parochial otherness. In short, going to the Right is for the BI community the wrong thing to do. My BI predecessor has every right to his Hareidi world view; it is his presentation of himself as “Modern” Orthodox that is problematic. Modern Orthodoxy is based upon a strict constructionist reading of the official religion talmudic statute, and permits what is not forbidden by law, while Hareidi and Yeshiva Orthodoxies reflect the parochial culture for which sanctity is celebrated by cultivating “otherness” and piously proclaiming apodictic rabbinic decrees as if great rabbis are empowered to legislate new laws by intuitive decree. Hareidi halakha really is very flexible; the great rabbis may indeed change Judaism at will by ignoring or instituting laws that negatively impact its culture control by invoking Da’as Torah, the ability and authority of elite rabbis to read God’s mind with infallible—and unquestionable—accuracy.

In addition to the women singing issue, Jewish law actually requires the conscription of men and women when confronted with a defensive war (bSota 44b). Jewry is obliged to call the secular authorities and not the rabbis when dealing with sexual abuse (Hoshen Mishpat 425:1). We are not to direct women to recite the talmudically unattested blessing “that they were made according to God’s will” and not as men; these are Orthodox reforms of Jewish law (Abudarham). One neo-Hareidi YU rabbi invented a category called ziyyuf haTorah, “falsifying Torah.” This meta-halakhic innovation empowers the great rabbi to forbid any innovation he intuitively finds to be objectionable and disturbing to “Tradition.”

BI’s leadership was always very open and professional. This leadership had the courage to be both Orthodox and modern. It immediately informed me that BI is being sued for wrongful termination and asked me how to proceed. I suggested that the claim that Jewish law does not recognize the permanence of at-will rabbinic contracts is wrong. As a matter of legal fact, a) this claim, that rabbinic tenure is a lifetime appointment, is contested in halakhic literature (Israeli Chief Rabbis serve for 10-year terms by stipulation), b) the rabbi clearly accepted the at-will stipulation of employment knowing, and by his agreement, accepting what it means to have an at-will employment arrangement as well as its legal force, and c) the rabbi presented himself as “Modern Orthodox,” but advocated every Hareidi position in all of his actions and words. This is misrepresentation, which would be grounds for dismissal for cause and without severance compensation because of mekah ta’ut, the product being sold was not the product as it was represented at the moment the contract went into effect. If one maintains that a) Orthodox Judaism regards the Hareidi rabbinic elite to be its only legitimate virtuosi leadership class, and b) Modern Orthodoxy’s unwillingness to unconditionally defer to this elite is a sin of ignorance at best and heresy at worse, then c) its ideological positions, being theological and halakhic nullities having no religious valence, and d) it would be proper to mislead the uninformed in order to trick them to mend their ways. For Hareidi Judaism, Modern Orthodoxy is Torah Lite, because Torah is not and may not defined by the plain sense of the canon, but rather by the divinely inspired intuition of the Hareidi elite. In order to bring the outsider to Torah, misrepresentation may be justified. Since BI is a self-consciously Modern Orthodox community, and not Hareidi Lite, there is no way that that BI could, would, or should submit to a Bet Din that cannot accept or validate BI’s claims.

The Baltimore Bet Din placed BI under the ban (herem) until it reached a settlement with its former rabbi. The Bet Din summoned BI’s officers to a Din Torah, and ordered them to sign a document conceding to the Baltimore Bet Din the authority to adjudicate the case. Having just completed R. Halivni’s examinations on the Jewish Laws of Courts and Testimony, I was able to advise my hesitant BI officers not to sign any letter authorizing the Baltimore Bet Din’s jurisdiction over BI. The Baltimore Bet Din assumed its authority over BI because it was approved to be “the” rabbinical court by “the” Orthodox synagogues of greater Baltimore, Maryland. This “approval” was taken to mean that it possessed halakhic authority over all Orthodox Jewish life in the region, which implies that congregations as well as congregational rabbis are bound by its unassailable and non-reviewable authority. I asked if BI’s board had ever formally consented to this Bet Din’s authority claim, and was told that BI was not even consulted regarding its formation, much less aware of its jurisdictional claims. Since Jewish law neither tolerates nor recognizes the imposition of an obligation without willful, conscious consent and authorization (bEruvin 81b, bYebmot 118b, bKeddushin 23a)—the Jewish concept of contract/covenant/berit being what it is, the Baltimore Bet Din’s claim that it already possessed final jurisdiction on this matter seemed to an overstatement, if not unfounded altogether. I then called BI’s attention to the fact that that the plaintiff’s lawyer and the Bet Din’s lawyer were one and the same person, which would appear to be a potential conflict of interest. And given the fact that this ruling was issued without even offering BI a hearing is unacceptable in both Jewish (see Hoshen Mishpat 17:5) and, I am told, American Law as well (see
http://dictionary.law.com/Default.aspx?selected=696 l).

The Baltimore Bet Din and other Hareidi laypeople then threatened me personally. I was prepared to be respectful, but not deferential. Neither I nor BI share its religious narrative. But this Bet Din expected unconditional compliance and demanded deference as a condition for maintaining an Orthodox identity. Its apodictic degrees cannot, may not, and will not be challenged or subject to review. It embodies Torah opinion in theory by dint of its leaning and in fact, by dint its office. What was the Baltimore Bet Din’s policy that convinced me not to accept its authority?

This Bet Din maintained a standing panel of (all Hareidi) rabbinical judges, and decided that BI, a self-consciously Modern Orthodox congregation, is nonetheless obliged to accept its uniformly Hareidi ideology, authority, jurisdiction, policy, and most critically, discipline. BI’s officers were instructed to pick any judge from its pre-screened rabbinic panel, the terminated rabbi would also pick a rabbi from this panel, and the two selected rabbis would appoint a third rabbi, also from this putatively impartial panel. I asked BI’s co-president, Howard Cohn, if the standard termination settlement, one month’s compensation for each year of service, the standard severance settlement in the American rabbinic industry, was offered to the plaintiff, and was told that this settlement was duly offered and but rejected out of hand. The rabbi demanded that he be restored to his position, and, failing that scenario, BI must be ordered to provide both seed funding and a Torah scroll so he might open a competing synagogue in the Downtown Baltimore neighborhood, which would regard this rabbi’s message to be Orthodoxy’s only voice. Having earned a reputation for favoring its own Hareidi rabbis in similar cases in greater Baltimore, BI’s leadership was rightly suspicious of the Baltimore Bet Din track record for fair play and even-handedness. I ruled that BI must agree to go to a Bet Din where the synagogue is entitled to appoint its own rabbinical judge for an ad hoc unaffiliated Bet Din (zabla), with a copy of that ruling sent to the RCA office in New York. By ordering BI to sign away its halakhic rights to the Hareidi Bet Din, by withholding information from laypeople regarding their real, legitimate halakhic rights, by regularly requiring exorbitant settlements far in excess of the usual and conventional practice in the rabbinic industry—which is one month’s pay for each year of service—and by authorizing settlements that appear to be extortion because they far exceed the accepted practice in the rabbinic profession, I realized that for this Bet Din’s “Orthodoxy,” canonical Jewish laws are applied selectively, but not consistently. The Baltimore Bet Din could and perhaps should have imposed this standard compensation settlement upon both BI and its former rabbi. The terminated rabbi does not get to demand what a proper settlement should be. Integrity, however, would have required that the Bet Din not mislead uninformed laypeople who were already suspicious of the Bet Din’s impartiality, probity, and ideological policies. And by refusing to accept the Baltimore Bet Din authority, BI and I remained under the Bet Din’s ban, even though we agreed to a Bet Din resolution. I was told by an attending wedding observer that a Ner Israel rabbi would not say “amen” to a wedding benediction I recited. Upon being asked if I was offended by that particular slight, I said that “on the contrary, I am very flattered. In that world, an apikoros, a heretic, is recognized to be a learned person.”
BI is that Orthodox synagogue where I fit in. In addition to the urbane, learned, and aristocratic Frank Boches, Leonard Sollins, the president at the time of my initial appointment, an accomplished lawyer, the devoted angel who kept BI alive in the years between the urban flight to Baltimore’s northwest uptown and the subsequent revivifying downtown gentrification, was always available for advice. He supported my request for an independent Bet Din because he reasoned that political pressure could be put on local judges to reach the “politically correct” and socially acceptable conclusion and, given the Baltimore Bet Din’s reputation, letter of the law justice would not be allowed to override the greater concern for Hareidi hegemony over Orthodox Jewry. No rabbi on that Bet Din would, argued Mr. Sollins, rule against Hareidi policy, the principles of equity and Shulhan Arukh settled law notwithstanding, because his own standing in the community would be at stake.

Mr. Howard Cohn, also a lawyer and an owner of a small sock business, and third pillar of BI’s leadership, understood me better than any other layperson in my career. He tapped into my mind. Like my father, Mr. Cohn was a businessman who served and serviced his clients; he understood my work ethic and mindset. Like Mr. Sollins, he also understood and appreciated my jurisprudential approach to Jewish law. Mr. Cohn supported BI generously, with purse, time, and sweat; every BI project I could justify, including Friday night dinners and synagogue sponsored communal Seders. We agreed to lower the sanctuary’s mehitsa to 48” in order to make the synagogue more inviting, that no one’s line of sight would be blocked, and to thereby proclaim our Modern Orthodox identity. After all, according to “official religion” Jewish law, once a wall or partition is 40 inches (approximately ten handbreadths) high, the partition extends to the highest heavens. And according to the Maimonidean religious narrative, unless my ruling can be refuted by an explicit, recorded Oral Torah norm, my ruling is valid and stands. BI identified its target market, and since Baltimore already boasts a booming Hareidi population, BI services those who prefer an alternative Orthodoxy aimed at an under serviced population, those who really accept Tradition but who wish to participate in contemporary culture as Traditional Jews.

While the BI community felt that Conservative Judaism did not ring authentic, the Orthodoxy that the BI community confronted seemed to be too extreme, strict, dogmatic, and uninviting. BI was open to reinventing itself from being a “shul” into a “home,” an Orthodox synagogue where all are welcome with respect, including non-Orthodox rabbis. This model was first conceived by R. Avi Weiss of Riverdale, New York and, like the Yeshiva he founded, Yeshivat Chovevei Torah, this vision resonated to me. A former JTS roommate, R. Zalman Stein, a “frum-from-birth former Conservative Jew,” once visited BI and realized BI is really old JTS with a mehitsa, intellectually open, scrupulously halakhic, and doors, ears, and hearts open to all, without judgment of others.

After the passing of R. Moshe D. Tendler’s brother, R. Joseph Tendler of Ner Israel, my wife and I traveled “uptown” to visit my mentor during his mourning. Upon arrival at the mourning house, one “gentleman” was at that very moment demeaning BI because, according to his narrative, BI hired a Conservative rabbi, who instituted Conservative practices. I not so innocently interjected that this “gentleman” got his facts wrong. I informed him that the Torah readings at BI follow the standard Russian Ashkenazic rite, its rabbi is a member of the RCA, BI uses the RCA ArtScroll prayer book, and it remains a long-time Orthodox Union member. Indignant that his politically correct narrative rant was deemed to be factually incorrect, this “gentleman” asked me, “And how might you know this?” I answered, “I am that rabbi.”

BI’s leadership wanted me to join the pan-denominational Baltimore Board of Rabbis, and even offered to pay my membership dues. The previous rabbi would not do so because, to his view, it is “forbidden” to sit with or to otherwise “recognize” non-Orthodox rabbis as being Jewishly legitimate. When challenged by what right I gave “recognition” to the theological Jewish Left on the Board of Rabbis, I did not say “Rabbi Soloveitchik permits the policy”; instead, I argued that “Torah law does not recognize ‘recognition’ to be a category in Jewish law, Da’as Torah is not a recognized norm in Jewish law, we are forbidden to separate ourselves from the larger community, (mAvot 2:4), and there is no need for BI to require my Board membership because joining is the right thing to do.” I was, however, not invited to join the Orthodox Rabbinic Board, as I was not compliant with its leadership’s authority claims or its theological narrative.
On the first Rosh Hashanah at BI, I passed out a New York Jewish Week advertisement that Yeshiva University had a fundraising event at the Metropolitan Opera. My women singing “leniency” is not unique to me. BI was, is, and remains an Open Orthodox synagogue because it is open to all Jews and permits what Jewish law permits. Human dignity requires good manners, and bad manners are neither good policy nor good theology.

BI extended its welcoming hand to both Evangelical and Roman Catholic communities in the downtown Baltimore neighborhood, hosting on one occasion the Archbishop of Baltimore. While aware that R. Joseph Soloveitchik did not approve of such dialogue, his cousin, R. Saul Lieberman, allowed interfaith events to take place under his JTS roof, and he presided as JTS Rector with an iron halakhic hand. It is by Jewish Law permissible to learn Hebrew Scriptures with non-Jews who accept Scripture’s sanctity. While latter-day rabbis do have a right to rule that interfaith dialogue is presently unwise or inopportune, they do not have to right to claim that the activity is improper for all Jewry for all time. (See bAvoda Zara 43b and http://www.biu.ac.il/jh/parasha/shoftim/tal.html.) It is true that Maimonides believed that Christianity is “forbidden religion,” often misconstrued as “idolatry.” But it is also true that Maimonides’ compendium was never accepted as “official” Judaism by any Bet Din haGadol. And it is also true that Cyrus, who was by all historical accounts an idolater, nevertheless received a monotheist’s approval in Scripture (Ezra 1:2). It was at this moment in my career that I taught both Hebrew and Christian Scripture at Anne Arundel Community College. Different religious communities generate alternative religious narratives; empathy empowers the thinking person of faith to appreciate the narrative of the “other” without compromising the narrative which informs and shapes one’s own identity.

BI began to attract young professional adults, most of whom were “traditional,” not usually fully Orthodox, who found most Conservative synagogues to be unsatisfying and most Orthodox synagogues off-putting. When a professional woman raised in and to this day still committed to Conservative Judaism, asked if women may read Megillah at BI, I permitted the practice. While well aware that Tosafot intuits that woman must hear, but may not read the Megillah, I also recall that the Talmud, which trumps, overrules earlier (in this case, a Toseftan) rabbinic opinion, concludes that women must read the Megillah. In order to strengthen his restrictive ruling, Tosafot requires that women recite a radically innovative, canonically unattested “upon hearing the Megillah” benediction. In order to forbid the permitted, those who would restrict Oral Torah’s legally authorized women’s right to perform permitted rites are prepared to invent new blessings, against the talmudic principle that benediction formulae may not be changed and need to be promulgated by an authorized legal organ (bBerakhot 40b). The Oral Torah Tradition does permit women to read the Megillah; this license is not a concession to feminism, it is a matter of legal Torah fact. Orthodox culture “tradition” thus forbade what Oral Torah Tradition actually permits (bMegillah 4a). Contemporary Orthodox rabbis indeed do have the right to forbid the permitted for their own communities, but they are not empowered or authorized to do so for communities not within their jurisdiction. One BI woman asked me if she could recite a chapter of Lamentations on the Ninth of Av. I responded, “Why not?” The most critical difference the Orthodox religion of the Jews, which is called Torah, is that God’s will is written in a Book, it is not merely the patriarchal hierarchy of the past enshrined in Jewry’s collective memory. The fact that an act was not practiced does not mean that the act is not permitted by law. The Torah does not reify past practice to be inherently holy. The commandments alone afford and accord holiness (Numbers 15: 38–40). My BI young people trusted me when I ruled restrictively because I always permitted that which was not forbidden. Modern Orthodox rabbis realize that Torah law and rabbinic taste are not always congruent.

When asked if a woman may recite Kiddush for a BI Friday night synagogue dinner, I also ruled affirmatively. A woman shares the same obligation as men to recite Kiddush, which fulfills the Torah obligation to mention/remember the Sabbath. (Exodus 20:8, bPesashim 106a, Maimonides, Shabbat 19:1), by saying Kiddush. The Hebrew root zkr also means “say” in Ugaritic and is attested in Hebrew at Psalms 145:7. Furthermore, if a man says the Shabbat evening prayers and the woman does not, the woman’s Kiddush obligation may be greater than the man’s. Orthodox folk usage has often overruled Oral Law statutes.

BI became a learning, liberal, and lively Orthodox synagogue. We studied Bible, Jewish law, thought, and history together. No question, which at its root was a spiritual quest, was out of bounds. Some very intellectual Jews attended regularly, including a card-carrying Reconstructionist woman and a secular, politically Progressive intellectual, who knows both Hebrew and Arabic very well, whose challenges I cherish, and with whom I correspond to this day. My Reconstructionist attendee got me involved with Baltimore’s annual Science Fiction conference, where I would present papers on literary Biblical topics. Another congregant introduced me to her Comparative Religion class at AACC (Anne Arundel Community College) where, as noted above, I was asked to teach both Hebrew and Christian Scriptures. At University of Maryland–Baltimore County, I taught “Judaism in the Time of Jesus.” BI and I had an understanding. If BI allowed me to be a collegiate adjunct, I would not ask for a raise in salary. I benefited greatly, while BI suffered no financial loss (bBaba Kamma 20b). Contract renewal negotiations were quick, pleasant, and always ended with a warm and happy handshake.

After a few years of chronic fatigue, BI’s work load—and steep steps—took their toll. While I found every day to be exciting, the preparations challenging, and the people absolutely wonderful, my then undiagnosed fatigue remained persistent. I had contracted Parkinson’s Disease, and because I could not do the job, I felt obliged to resign. My successor, R. Eitan Mintz, a Yeshiva University graduate trained by R. Avi Weiss, possessed both the yearning and the learning to evolve BI into a home, a bayit. His spiritual openness included hosting the Society of Biblical Literature, a gesture that showed great courage. In his job search interview, R. Mintz displayed the courage to disagree with me. A rabbi needs courage as well as learning. Rabbis who are afraid of their shadow will have a difficult time shedding and spreading the light of Torah. At his trial Shabbat, R. Mintz by reflex also helped a synagogue newcomer find his place in the siddur, revealing a heart wide to serve other Jews. At my retirement party, I was privileged to pass the Torah torch to this very talented, charismatic, and informed Modern Orthodox rabbi, who also thinks outside the box, whose heart and mind are always in concert and are in the right place, and whose executive skills and emotional intelligence far exceed my own.

My active retirement finds me residing two miles south of the Temple Mount in Jerusalem, giving classes for Torat Reeva, a Modern Orthodox adult learning program, and lecturing for CJCUC, Rabbi Riskin’s compelling, courageous, and creative outreach to Bible-believing Christians. Psalm 117 reminds Jewry that God’s kingdom must be proclaimed to the nations of the world. While I do not always believe in latter day saintly narratives, I do believe what the Bible prescribes.

My life has been a dialectic of pushes and pulls, thinking and doing, searching and finding. I never was able to determine if I should have been a rabbi or an academic; the Author of history arranged my life that I never had to come to a decision, as I was privileged to learn Torah with truth-finding tools and to apply the findings in the market place of Jewish faith, the synagogue and Bet Midrash. The Author of history also gave me Linda, my life’s partner, whose culture, dignity, and refinement kept me from making many silly mistakes and saying things that should have better gone unsaid. Her piety, prowess, people skills, and gracious hospitality made her the angel I needed but did not deserve to have.

• My personal narrative has been a quest seeking a way to live Torah correctly. External acts and cerebral musings, body and mind, all merged in my movement to an Orthodoxy that always asks, “What is the right thing to do now?” Culture Tradition Orthodoxy, characterized by Hareidi Orthodoxy, tries to preserve Torah by erecting higher fences; it is sincere, passionate, and is for that reason worthy of respect, if not loyal opposition. But for me, God talks through those ancient books that we apply in the culture horizon we inhabit in the present. Those books are not in Heaven; they are in hearts and minds of today’s Jewry to apply them in our lives. Reverence for the Almighty precludes the piety of obsequious deference to human elites. The current debate within Orthodoxy, taken for the sake of Heaven, will empower Judaism and Jewry to endure (mAvot 4:11). I am particularly grateful that I accomplished most of my goals, but not one goal was ever accomplished in the way I intended or imagined it would. My understanding of Torah empowers individuals to be moral agents for appropriate change on one hand, and a commitment to the human collective on the other. Jews are ruled by egalitarian rules, not self-serving rulers. Those pulls informed my mental and behavioral choices; I hope this memoir will not encourage clones, but serve as a model for others Jews and non-Jews alike to search for God on the highway and the by-way, not my way, but in their own way. God made humankind both equal and different; equality actually requires that individuality be honored. And with probing Jews cultivating religious individualism, the Jewish person will be a contributing member of God’s kingdom of priests that yields a holy community.

The Future of Orthodoxy: A Political Appraisal

In assessing the future of Orthodoxy, it is important to remember we are considering only 10 percent of the American Jewish population as of the latest American Jewish census.[1] Orthodoxy is no larger than it was 15 years ago at last official count.[2] The only historical antecedent that American Jewry has in terms of assimilation and the rise of modern Jewish denominations in a Western country was pre-War Germany. Orthodoxy was, at best, only between 10 and 20 percent of the German Jewish population.[3] Therefore, when discussing Orthodoxy’s place in modern, pluralistic Jewry, we are facing a minority within a minority.

The real issue before us in dealing with the future of American Orthodoxy is, quite simply, survival. There is some sense by demographers that Orthodoxy may enjoy some growth in the future because its relative youthfulness and large birthrate may offset a declining attrition rate—but that is a projection, not a sure thing.[4] In this triumphant period of Orthodoxy’s potent voice in Jewish and broader American politics, Orthodoxy’s actual constituent base within the American Jewish community is just holding steady.

The reason it is important to make plain the deep minority status of American Orthodoxy is because that reality only makes any internecine battles within this small denominational population that much more prone to further fragmentation, and therefore harm its effectiveness in maintaining long-term communal strength. Intra-denominational battles among the few result in even tinier population cohorts. If a partisan group lacks meaningful membership numbers, it may serve the role of social gadfly raising awareness about one or another issue, but it lacks any chance at actually playing a competitive, long-term social role. One need only call upon the trajectory of third parties in American electoral history to confirm that political reality.[5]

Unfortunately, the Orthodox community has reached that delicate communal precipice. Although its numbers are stable and its institutions have expanded, Orthodoxy is breaking apart into smaller shards than ever before. Just as any other interest group is impacted by the political environment in which it lobbies, so too, Orthodoxy has fallen prey to the increasingly polarized American social, cultural, and political scene that has developed over the past five decades. [6]

Scholars have shown that the widening American ideological gulf between liberals and conservatives has created social and political “clusters,” distancing sectors of the domestic population from each other.[7] Partisan leaders have hardened this gulf between rank and file voters, and intensified social chasms between clustered interests only deny further exposure to differing viewpoints. [8]

The question a political scientist ultimately asks is whether or not a particular trend in the electorate is good for democracy. There are two responses in this case. One is that a cluster more committed to its issue stances means it better understands its own “interests and values,” which supports democracy. The flip side of that position is that these same clusters create a more uniform, less deliberative voting public, which hinders the politics of a democratic republic. [9]

Polarization doesn’t only create a more ideologically segregated general population. It also impacts judicial decision-making. Given that each flank of Orthodoxy claims an unswerving commitment to halakha as its lodestar, and is especially invested in a judicial elite in the form of rabbinic leadership, the role of a more divided culture on judges’ opinions has salience. Not surprisingly, it turns out “that more ideological divergence among the members [of the United States Supreme Court] will result in larger minorities on the Court.”[10]

Orthodoxy is not immune from the polarization found in American political life. Orthodox Jews operate daily within a wider social universe that has seen a declining center combined with a growing gap between right and left. The idea of disparate ideological “clusters” without mutual exposure resonates within Orthodox communal life. Gone are the days when

During their travels through the Young Israel prayer, party, and public-lecture scene and circuit, Torah Vodaath and Chaim Berlin yeshiva boys and Beth Yaacov girls met up comfortably with the final substantial part of Brooklyn’s diverse community of committed interwar Jews: the student stars of the borough’s own Talmud Torah system. [11]

The multiplying of intra-Orthodox labels, ranging from “Ultra-Orthodox” or “Hareidi” to “Centrist” to “Modern” to “Open” is a symptom of the clustering of denominational identities. Indeed, it was only in the postwar period following the influx of a more right-wing Orthodox European refugee population that the term “Modern Orthodox” emerged. Until then, all traditionalist Jews, whether more or less Americanized, saw themselves, and were seen by others, as simply “Orthodox.” [12]

The divisions within American Orthodoxy are centered around the same basic ideological rifts found in the non-Jewish political world. The more conservative one’s political and religious mores, the more rightward is one’s Orthodoxy. While some specific denominational issues are peculiar to Judaism, such as women’s Talmud study, the arena under which this falls is clearly one that speaks to ideological proclivities on the American political spectrum. In fact, the Jewish Orthodox Feminist Alliance (JOFA), the Orthodox institution that pioneered an expanded a more empowered role for women within Orthodoxy, borrowed the term “feminism” directly from the secular sphere.

Just as in American jurisprudence, the rabbinic elite has also fragmented more fully than ever before. The left as represented most explicitly by Yeshivat Chovevei Torah alumni, is not recognized by the right. Historically, all of Orthodoxy did not recognize liberal denominations’ Jewish clergy. Now Orthodoxy itself has recognition issues from within. The movement splintered just as America has. The idea of Blue States and Red States could easily be compared to a Manhattan Orthodox enclave centered around the Modern Orthodox community synagogue Kehilath Jeshurun and its coed day school Ramaz in relation to Lakewood’s Beth Medrash Govoha and its institutional offspring. The communal rift is wide and growing.

The question is what that retreat into polarized enclave communities means for the future of Orthodoxy as a whole. Does this more clustered representative body politic of the Jewish people mean a better communal quality of life overall? Or, is the polarization of Orthodoxy going to lead to the same communal paralysis and entrenched partisan antipathy that has taken hold of American politics?

Unfortunately, the latter has already shown itself to be the case. The fractiousness of the Orthodox community is resulting in the de facto breaking up of the movement. Certainly, Open Orthodoxy is on its own whether it prefers that scenario or not. Ultra-Orthodoxy also is essentially on its own given its cultural distance from even Centrist, or Modern, Orthodoxy. This does not deny the point made by social historian Adam Ferziger that Ultra-Orthodoxy has evolved in seemingly open ways, such as in its recent enthusiasm for outreach, just as Modern Orthodoxy has turned more inward to concentrate more fully on supporting the socialization of its own scions.[13] These transformations are ultimately cosmetic; they are utilitarian and important for public perception, but do not change the communal reality that Orthodoxy’s branches have fallen off the central tree from which they blossomed.

In daily Orthodox communal life, we are confronting three Orthodox movements, not one. Each has at least one of its own seminaries, rabbinic fraternities, and membership. There is some fluidity between the center and right, but not much. The centrist RCA clearly has a right-leaning wing, as does the Yeshiva University RIETS faculty, but these are cohorts that, when they speak rhetorically, specifically address the left with rebuke and restrictions, such as the decision to refuse Yeshivat Chovevei Torah graduates membership. The Hareidi world has no use, nor does it have a need, for the RCA and the tightening of its ideological belt.

This ongoing strife between Open and Modern Orthodoxy, for all of the attacks against Open Orthodoxy from Hareidi polemicists, is, on the ground, a battle for the standing of rabbinic leaders and position-taking within Modern Orthodoxy. But, however fraternal it may be, this battle has resulted in the establishment of competing denominational leadership elites and institutions. Modern Orthodoxy itself has split in two, and the Ultra-Orthodox remain in a social, intellectual, and communal universe beyond. Hence, Orthodoxy is now a tri-partite community, divested of its own sense of the unity it once held dear during the heady immediate pre- and postwar days of holding down the traditionalist halakhic fort, as it were, against Conservative and Reform onslaughts.

A minority within a minority has become diffuse. In so doing, the history of American third parties and ideological polarization recommends that, for all of its current bravado, Orthodoxy’s communal voice will diminish over time, and its effectiveness in carrying forth its message of an ongoing commitment to a revealed halakha will grow faint in coming generations. However difficult this may be to discern now, given the visibility of Orthodoxy in Jewish communal politics, American politics proves that fragmented third parties with small bases from the start, do not do well in the electoral field. They become, at best, curiosities.

One can argue that the breaking up of Orthodoxy into smaller constituent parts is a healthy sign of confidence in the movement. A desperate unity isn’t necessary when members are confident in their own ideologies and ability to live out their lives fully and freely within their belief system. In an ideal democratic universe, that is likely true. That is why some scholars, and perhaps even the American Founding Fathers themselves, did not mind what is now called “gridlock.” That, too, is part of the democratic process on occasion.

But Orthodoxy is not the bulk of American Jewry. It is a tenuous and minute denomination. If it is to thrive for oncoming generations in terms of institutional continuity and the cultivation of a reliable leadership cadre, it cannot afford denominational paralysis. Orthodoxy loses its own exemplary role as the halakhic standard bearer of American Judaism if it breaks apart and becomes even tinier in its numbers of intra-denominational adherents. However bright the future seems at this moment when Orthodoxy is regularly flexing its political muscle, it is grim when looked at practically from this behaviorist standpoint as a small, fragile, interest group.

Aristotle wisely stated that man is a political animal.[14] By this Aristotle actually meant that man can discern justice from injustice and ought to subscribe to the rule of law. Clearly, the halakha shares this value. Rashi takes the famous biblical verse, “Justice justice shall you pursue” as meaning, “Go after an effective Court.” [15]

American government cannot lately achieve any bipartisanship, but America has demographic depth. It is a big country. Congress is not about to go out of business. Orthodoxy is just hanging on at 10 percent of the American Jewish community. If it becomes a community of divided thirds unto itself, or some other fraction, its relevance is weakened. Orthodoxy’s responsibility right now is, quite simply, not to disintegrate. A meaningful Orthodox presence is too vital to the broader health of American Jewry, and to its own sons and daughters within the community, to allow that to happen. It is up to the Orthodox communal leadership and laity together, in both formal and informal interactions, to offer a rapprochement towards each other in fulfillment of the halakhic mandate of “pesharah,” settlement.

Politics can be divisive. Orthodox Jews have proven all too well they are not immune to the polarization of the American political environment. Alternatively, politics, as hoped for by Aristotle and the classical rabbinic canon represented succinctly by Rashi’s statement above, can compel a community of reason that helps realize each citizen’s potential through the maintenance of a just civil society. This may seem some distance away from where we sit today, but, at the minimum, the Orthodox community must achieve some working, practical degree of cohesion once again, if only for the sake of its own long term self-interest.

Compromise will be required of all parties, and it will be hard. I do not delineate here those issues; they are best left to the negotiating table. But, if pesharah is not accomplished soon, all the accomplishments of past, pioneering generations of American Orthodox Jews from across the communal spectrum, will have been for naught.

[1] Pew Research Center. A Portrait of Jewish Americans: Findings from a Pew Research Center Survey of U.S. Jews. Washington, D.C.: Pew Research Center Religion & Public Life Program, 2013, p. 48.
[2] Ament, Jonathan. American Jewish Religious Denominations. New York: United Jewish Communities: Report Series on the National Jewish Population Survey 2000–01, Report 10, 2005, p. 8.
[3] Breuer, Mordechai. Modernity within Tradition: The Social History of Orthodox Jewry in Imperial Germany. New York: Columbia University Press, 1992, p. xi.
[4] Pew Research Center, ibid., p. 10.
[5] Hirano, Shigeo, James M. Snyder, Jr. “The Decline of Third Party Voting in the United States.”The Journal of Politics, vol. 69, no. 1 (Feb. 2007), p. 1.
[6] Garner, Andrew, Harvey Palmer. “Polarization and Issue Consistency over Time.” Political Behavior, vol. 33, no. 2 (June 2011), p. 226.
[7] Ibid., p. 241.
[8] Ibid., p. 242.
[9] Ibid., p. 243.
[10] Clark, Tom S. “Measuring Ideological Polarization on the United States Supreme Court.” Political Research Quarterly, vol. 62, no. 1 (March 2009), p. 156.
[11] Gurock, Jeffrey S. Orthodox Jews in America, Indiana: Indiana University Press, 2009, p. 193.
[12] Joselitt, Jenna Weissman. New York’s Jewish Jews: The Orthodox Community in the Interwar Years. Indiana: Indiana University Press, 1990, pp. 149–150.
[13] Ferziger, Adam S. Beyond Sectarianism: The Realignment of American Orthodox Judaism. Michigan: Wayne State University Press, 2015.
[14] Aristotle. “Politics.” The Basic Works of Aristotle, ed. Richard McKeon, New York: Random House, 1941, p. 1129.
[15] Rashi on Deuteronomy 16:20 and B. Talmud Sanhedrin 32b.