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Galut, Self-Defense, and Political Zionism in the Halakhic Thought of Rabbi Ya’akov Moshe Toledano

               In this article I present and analyze concepts of Galut and of the modern Return to Zion found in a seminal responsum composed by Rabbi Ya’akov Moshe Toledano (1880–1960).[1] Born in Tiberias, scion of an illustrious Sephardic family in Meknès, Rabbi Toledano served as a rabbi in Corsica, Tangier, Cairo, and Alexandria, subsequently returning to Eretz Israel and serving as Sephardic Chief Rabbi of Tel Aviv from 1942 until his death. For a brief period toward the end of his life he also served as minister of religious affairs of Israel’s government.[2] In his creativity and career, he may be seen as reflecting attitudes and values common to a significant but insufficiently studied group, rabbinic scholars and lay leaders of the “Old Sephardic Yishuv,” whose members held Zionist ideals in high regard while remaining loyal to their traditional heritage.[3]

            Rabbi Toledano’s central halakhic publication was a collection of responsa entitled Yam HaGadol.[4] Several of these responsa express his deep identification with the Zionist Yishuv and his belief that halakha entailed supporting the Yishuv in various ways. Thus, he takes up the question whether halakha requires a Jew in Eretz Israel to employ only Jews and to buy only Jewish produce even if non-Jewish labor or produce is cheaper—and answers in the affirmative. Moreover, he stresses that this halakhic determination applies also with regard to the labor and produce of nonobservant Jews.[5] 

In another responsum, he determines that under current conditions, halakha forbids the sale of weapons to non-Jews, especially in Eretz Israel. Only when a state of true peace prevails between Jews and Gentiles can such sales be permitted.[6] 

In a third decision, Rabbi Toledano discusses the possibility of restoring a Sanhedrin-type institution. Coming out in favor of the position typical of the more radical wing of religious Zionism, he advocates the establishment in Jerusalem of a (halakhic) High Court for the Jewish people; a court which would also, if possible, restore semikha.[7]

However, it is yet another of Rabbi Toledano’s responsa that I wish to analyze here. In August 1929, there occurred a wave of Arab violence against the Jewish population in many places throughout Eretz Israel. Especially murderous were a pogrom in the old Jewish quarter of Hebron on August 24, in which 67 Jews were massacred, and a pogrom in the old Jewish quarter of Safed in which 18 Jews were murdered.[8] In neither of these cities was there even the semblance of a Jewish self-defense framework. In Yam HaGadol, published soon afterward, the following question is posed:

 

Does the mitzvah of settling in Eretz Israel apply in our times in a manner that obligates all Jews to obtain possession of the Land by all possible means? And, is it not halachically forbidden to teach the sons of Israel military tactics and methods of defense, so that they might fight and defend themselves against their enemies, should the necessity arise?[9]

 

A close reading of the question reveals an important conceptual differentiation that is further explicated in Rabbi Toledano’s response. Two very distinct questions are being asked. Only one of these questions, concerning the parameters of Jewish settling of Eretz Israel, is presented as relating specifically to current reality. The second question, regarding halakha’s view of the correct self-defense posture Jews should adopt, is understood to be one of basic principle, not contingent upon time or place; it is precisely because of this that Rabbi Toledano’s position on the matter is so striking. 

            Attitudes toward self-defense stem, in his analysis, not from the way Jews conceive of settlement of Eretz Israel but rather from their conception of Galut. An understanding of Galut was fundamentally mistaken, theologically and morally, had come to prevail in rabbinic circles; in consequence, many rabbis preached that Judaism advocated a passive-submissive response to persecution. The traditionalist Jewish masses in the Diaspora and in Eretz Israel had followed the teachings of these rabbis, reacting to attacks not by defending themselves, but by allowing themselves and their families to be slaughtered “for the sanctification of the Divine Name.” Rabbi Toledano wrote while it is not an easy thing to say, the truth must be stated outright: Rabbis who furthered (or continue to further) this attitude bear direct and unequivocal responsibility for Jewish blood that was unnecessarily spilled due to their misguidance. Here is the relevant paragraph, in full:

 

Many of our great rabbis, both in former generations and in current times, erred—and misguided the simple masses of our people—in the belief that as long as we are in this hard exile, we are forbidden to lift up our heads. Rather, we are commanded to bow ourselves down before every tyrant and ruler, and to give our backs to the smiters and our cheeks to them that pluck our hair (cf. Isa. 50:6); as if the blood of Israel had been forfeited, and as if He, blessed is He, had decreed that Jacob be given for a spoil and Israel to the robber (cf. Isa. 47:24). They thought that the [Divine] decree of [Israel’s] exile and servitude to the nations included slavery and lowliness, and that, as a matter of sanctifying the Name even at the price of one’s life, a Jew must forfeit his life and surrender himself like a slave or a prisoner of war to Israel’s enemies, even in a situation in which it would have been possible to resist them and retaliate in kind.

            Let me, then, state outright that—begging their pardon—they have caused the loss of individual lives and of entire communities of the Jewish people, who in many instances might have saved themselves from death and destruction, had the leaders and rabbis of that generation instructed them that they were obligated to defend themselves against aggressors, according to the rule “If a person comes to murder you, kill him first” (Sanhedrin 72a). 

 

Further reading of the responsum clarifies Rabbi Toledano’s understanding of the nature of the exile ordained by God. Galut, he explains, is a political category; that is, God decreed that the Jewish people be deprived of sovereignty and live as subjects of Gentile sovereigns in the various lands in which they lived. To be the subject of a state, says Toledano, entails that one obeys the duly enacted laws promulgated but the authorities, pay taxes, and the like; not that one be the object of insult and torture, and even less that one willingly acquiesces in such a role.

            Rabbi Toledano states that such a conception of Galut as deprivation of political sovereignty—but not including divine requirement of acquiescence to insult and torture—is the one borne out by classic Jewish sources. What exile, he writes, was more directly and specifically ordained than that of the children of Israel in Egypt? Abraham was clearly informed that the divine plan was for his descendants to be enslaved and afflicted by the Egyptians for 400 years (Gen. 15:13). Yet when Moses saw an Egyptian attacking an Israelite, he struck the Egyptian down (Exodus 2:11–12), for he realized that such an attack could not possibly have been ordained as part of Israelite bondage. So, too, Esther and Mordecai regarded it as completely legitimate that the Jews (living in exile in the Persian Empire) not only be saved from Haman’s genocidal plan, but also seek to retaliate against those who had planned to destroy them (Esther 8:11, 9:1–5).

            In addition to biblical instances, Rabbi Toledano cites two other types of sources. One is Sephardic folk tradition, according to which on the eve of the 1492 expulsion Don Isaac Abarbanel and other leaders of Spanish Jewry planned together to organize their communities to confront their enemies and fight against them (a plan foiled by a treacherous converso who revealed it to the authorities).[10] The other comprises descriptions by historians of the Jewish uprisings against Rome outside of Eretz Israel, during the first decades of the period after the destruction of the Second Temple. It is worthy of note that most of the events to which he refers in this context (i.e., the uprisings in Mesopotamia, Egypt, and Cyrenaica) could not have been known to Rabbi Toledano from traditional Jewish historiography. Clearly, Rabbi Toledano’s halakhic methodology enabled him to attribute normative halakhic significance to non-canonical sources.[11]

If an uncowed defensive posture was the original and correct orientation advocated by Judaic tradition and practiced by Jews in biblical and post biblical times, how does Rabbi Toledano explain the contemporary gulf between that original view and current rabbinic attitudes? He explains that deviation originated within a specific historical-geographical framework: “It was only in France, Ashkenaz, and Russia that they demeaned themselves, and they never attempted to resist and defend themselves.” In recent generations, he adds, this attitude spread to many Sephardic communities, including Morocco, Persia, and Turkey. In other words, the ideology of submissiveness, widely regarded in traditional rabbinic circles as the authentic religious norm ordained by God for Jews living in a pre-messianic reality, is in fact (Toledano explains) an Ashkenazic heresy that subsequently corrupted many Sephardic Jews, whose own ancestors never stooped to such levels. Interestingly, Gershom Cohen similarly wrote that Medieval and Early Modern Ashkenazic Jewry advocated passivity as a religious value and idealized martyrdom, while Sephardic Jewry was active and dynamic.[12] Elisheva Carlebach critiqued this dichotomy as incompatible with historical fact. However, she concluded that while historically inaccurate, the dichotomy did reflect a clear historiographical difference: Traditional Ashkenazic historiography idealized passivity and martyrdom as religious ideals, while traditional Sephardic historiography idealized activism.[13]

In its fully developed form, writes Toledano, the religious glorification of this perverted notion of Galut had turned back even against the heroes of the pre-exilic era (who ostensibly should not have been bound by ideals of passivity) and attempted to modify their images in consonance with the supposedly eternal values exemplified in the figure of the submissive Jew:

 

When one reads works of homilies and musar composed by several recent rabbis, one finds that they believe Jews are religiously obligated to submit to all forms of suffering, insult, and physical degradation. They thought that this followed from [the ideal of] Galut or humility. As a result, some of them regarded as problematic the attitude of the patriarch Jacob, who said, “With my sword and bow,” and of Caleb, who said, “As was my strength then, so is it even now,” and they asked: “How could such saintly men boast of physical prowess?!”

 

Toledano refers the reader to the source of this critique of the plain meaning of Caleb’s words: Rabbi Haim Aryeh Leib Fenster’s introduction to Parashat Ki Tetze.[14] He adds that similar views can be found with ease in recent Ashkenazic rabbinical works. A reading in Mendel Piekarz’s impressive work on Polish Hassidic thought provides striking examples illustrating the Ashkenazic ideal of submissiveness in Galut as a religious virtue. Thus, Piekarz cites an 1880 homily by Rabbi Yehezkel Halberstam (1813–1899), who wrote that when faced with a threat a Jew should act with submissiveness, humility, and a broken heart—and flee.[15] So too, Rabbi Shmuel Bornsztain (1855–1926) the second Rebbe of Sochatchov, wrote that Jews should maintain an inner sense of superiority over the Gentiles, but simultaneously act with humility and submissiveness as proper to the state of Exile, as the biblical author of Lamentations (3:30) instructed: “He should offer his cheek to he who strikes him.” Rabbi Bornstein explicitly contrasted this with “the attitude of the well-known sect [= the Zionists] who are unable to bear the submissiveness and the suffering of Galut.”[16] It is thus clear that Rabbi Toledano was not inventing a straw man but criticizing a major trend in Ashkenazic Hareidi thought of his time.

In characterizing this attitude, Rabbi Toledano employs a literary allusion of extreme force that could not fail to evoke a powerful reaction on the part of readers acquainted with classic talmudic culture. This posture, he says, calls forth the rabbis’ devastating critique of Zechariah ben Avkolas: “The piety of Rabbi Zechariah ben Avkolas destroyed our temple, etc.” Toledano alludes, of course, to the well-known talmudic story (Gittin 55b–56a) describing a chain of events that led to the destruction of the second Temple. Perhaps best-known today is the first part of the tale, often referred to as “Kamzah and Bar-Kamzah,” which illustrates the moral and social callousness of Jerusalem’s Jewish elite on the eve of the First Revolt. In the second part of the story, the offended Bar-Kamzah maneuvers the Roman emperor into sending an imperial sacrificial offering to the temple of Jerusalem—an offering that Bar-Kamzah secretly blemishes in a manner rendering it unfit for a sacrifice according to Temple norms. 

            It is the third part of the story, however, to which Toledano alludes. Having received the animal sent by the emperor, the rabbis of Jerusalem convene to decide upon a course of action. Most, realizing the disastrous consequences of noncompliance, favor having the animal offered up on the Temple altar despite its minor blemish. But Rabbi Zechariah ben Avkolas speaks out in a different vein: Sacrosanct rules should not be set aside because of an imperial whim, lest a precedent be set. The rabbis give in to Zechariah, but are now faced with another quandary: If Bar-Kamzah reports to the emperor that the sacrifice was not accepted, this will be construed as an act of rebellion by the Jews—with dire consequences. The rabbis therefore conclude that the only way out is for Bar-Kamzah to be put to death. But Rabbi Zechariah ben Avkolas again rebukes them: This might lead people to incorrectly think that he who brings a blemished sacrifice is liable to the death penalty. Abashed by his devoutness and principled consistency, the other rabbis swing around to Zechariah’s position—and Jerusalem’s fate is sealed.

            In the talmudic story, Zechariah appears as the advocate of a principled policy, with the other rabbis tending toward a weaker line of “adaptation to circumstance.” In what sense, then, can Toledano, who supports a bold defensive posture vis-à-vis enemies of the Jews, identify his opponents, who preach adaptation to circumstance, as analogous to Zechariah? The answer lies not in the similarity of their specific proposals, but rather in their concept of value and norm; both first-century Zechariah and contemporary Ashkenazic rabbis identify true devoutness with unswerving commitment to set patterns of behavior, without the broader consequences of such behavior being recognized as a prime consideration in the decision-making process. In both cases, this narrow sense of what commitment to Torah entails leads to terrible loss of Jewish life. As Toledano puts it, with regard to the “Ashkenazic” glorification of submissiveness: 

 

This faulty humility, which rabbinical leaders instilled in the hearts of the multitude, caused an intensification of Galut, and postponed its end. And, alas for our sins, we recently saw this with our own eyes here in the Holy Land; for in the riots and disturbances which occurred in the year 5689 [1929], the number of deaths was especially great among our brethren who were yeshiva students or of the simple folk, who were educated to agree to suffer insult, to be dragged about, and to be victimized.

 

Misguided religious attitudes toward Galut thus affect mass behavior and contribute in no small measure to the perpetuation of the exile. Rabbi Toledano’s conclusion is clear:

 

Regarding the second question, then, “Is it not halakhically forbidden to teach the sons of Israel military tactics and methods of defense, etc.?” Why, according to the above, not only is it not halakhically forbidden, but it is a mitzvah and an obligation incumbent upon the rabbis and leaders of Israel, to institute mandatory daily lessons in these matters in all the talmudei torah and yeshivot, so that the students and youth be prepared to fight, in case an hour of need arises.

 

According to Toledano, then, renewed acknowledgment of Torah’s positive attitude toward self-defense must lead to a revised notion of Torah study; the curriculum of Torah institutions should reflect the role which their students are expected to fulfill as defenders of Jewish lives. As he noted previously, however, this was not at all the actual praxis of these institutions; yeshiva students—and, of course, their teachers—were far from exemplifying the values of Judaic tradition in this crucial matter.

            Until this point, Rabbi Toledano’s analysis and rhetoric have unfolded purely as a discourse on Galut. His critique of the “Ashkenazic” sanctification of Israel’s suffering in exile derives from the self-evident nature of the imperative of self-defense, and is supported by citation of scriptural and historical sources. His conclusion is that self-defense is “a mitzvah and an obligation” incumbent upon all Jews, wherever they reside. In other words, there is no inherent connection between the mitzvah of self-defense and any geographical locus, e.g., Eretz Israel. 

            Eretz Israel, however, is squarely on the agenda of Toledano’s responsum. The first question posed by the inquirer was, we recall, whether the mitzvah of settling in Eretz Israel applies in our times in a matter which obligates all Jews to obtain possession of the Land by all possible means. Accordingly, in the second part of his responsum, Toledano proceeds to discuss halakhic perspectives on the conquest and settlement of Eretz Israel. In a lengthy, detailed, and technical analysis he relates primarily to the opinions of medieval halakhists. His conclusion is that the two leading halakhic authorities who each developed a detailed position on this matter, Maimonides and Nahmanides, both agree that all Jews are at all times obligated in principle by Torah to do what they can to develop the potential of Eretz Israel, settle there, and gain possession of the Land. However, to be obligated in principle does not always entail obligation in practice. With regard to Eretz Israel, a specific question obtained: according to a midrashic tradition cited in the Talmud (Ketubot 111a), three vows limiting initiatives to gain control of Eretz Israel were divinely ordained in conjunction with the exile:

 

  • Lo la’alot ka-homah: Forbidding the Jewish people to initiate a collective campaign to regain sovereignty in Eretz Israel against the will of the nations of the world.
  • Lo limrod be-umot ha-olam: Forbidding Jews to revolt against sovereign powers in the lands of exile.
  • Lo lehisht’abed be-yisrael yoter midai: Forbidding the nations of the world to overly oppress the Jews.

 

To what extent does the first of these vows suspend or curtail the mitzvah of settling Eretz Israel, under the conditions prevailing in 1929?

            Rabbi Toledano argues that under contemporary conditions, the first vow cannot be construed as applying to the Zionist project, for two reasons:

 

  1. It is quite probable that the limitations originally imposed by the three vows should be understood as mutually contingent. Thus, should the nations not fulfill their obligation under the third vow to limit the oppression of the Jews (and they have not done so, notes Toledano), Jews would be freed from their limitations under the first two vows, and might try to regain Eretz Israel even in the face of Gentile opposition.
  2. The preceding claim, regarding the reciprocity of the vows’ validity, is (while correct) unnecessary for halakhic justification of the contemporary Zionist enterprise. The vow Lo la’alot ka-homah relates to a collective Jewish move opposed by the nations of the world, whereas in the twentieth century the nations have endorsed political Zionism through the Balfour Declaration and the mandate of the League of Nations. 

           

Strikingly noteworthy in Toledano’s position is the absence of messianism from his presentation of Zionism. His halakhic rationale for Zionism is not based on the claim that current events with regard to Eretz Israel represent a new historical phase or mode, or a materialization of prophetic promises of Israel’s restoration to Zion. In an important sense, Toledano’s understanding of Zionism stems from his understanding of Galut: Galut was not a divine decree obligating Jews to deny their group’s dignity, or forbidding them to affirm that dignity through forceful reaction to persecution. Even in the depths of Galut, Jews were always expected to regard themselves as a nation, in the most conventional, political sense of the term. Galut simply meant that the Jewish nation might not unilaterally attempt to avail itself of the usual instrument for safeguarding a polity, i.e., sovereignty.

Given such a notion of Galut, it follows that political Zionism does not involve or require any redefining or rethinking of previously held concepts regarding the place and role in history of the Jewish people. Rather, Zionism requires only that Jews realize that the political limitations imposed by Galut, expressed in the three vows, are not valid in contemporary reality. No longer constrained by these limitations, Jews can legitimately (as far as halakha and the Torah are concerned) attempt to achieve the ultimate political expression of nationality, i.e., sovereignty, to which they had always inspired. In and of itself, there’s nothing miraculous in the shift and ebb of international political constellations; thus, there is nothing in the emergence of a political moment favorable to Zionism which requires explanation or justification in terms of messianism or of divine intervention in the course of history. Religiously, one need not hold that Zionism’s validity is contingent upon current events being understood as reishit tzemihat geulatenu, the inception of eschatological reality. 

Yet Rabbi Toledano does allude to an aspect of recent developments as reflecting divine involvement—not directly in history, but in the realm of the psyche: God has inspired certain Jews to free themselves from the false consciousness of Galut propounded by contemporary rabbis and thus to reappropriate the authentic Judaic posture of self-defense and assertiveness. This psychological shift has enabled those Jews to seize the opportunity, provided by the international politics, for the Jewish people to regain sovereignty in Eretz Israel. As Rabbi Toledano puts it:

 

Let me praise the flowers of this new generation[17] who “awoke and wakened”[18] to revive oppressed hearts,[19] to engirdle themselves with a courageous spirit, and to restore the crown of Israel’s honor to its pristine glory. Indeed, it is with regard to this that the Bible says: “And I will give you a new heart and instill in you a new spirit.”[20]

 

There is a two-pronged irony here—both prongs directed at the conventional rabbinic establishment. On the one hand, God’s involvement serves precisely to eliminate the passive-submissive psychological attitude explicitly extolled by rabbis as the essence of correct Jewish conduct vs. Gentile persecution. On the other hand, God’s involvement is manifest specifically within the hearts and minds of the secular halutzim of the New Yishuv. Paradoxically, it is those whom those rabbis identify as the furthest from Torah, whose hearts and spirits reflect God’s concern for Israel. Indeed, God works in mysterious ways unacknowledged by the rabbinic “establishment.”

 

Some questions for further thought

Rabbi Toledano’s understanding of Galut, self-defense, and Zionism are fascinating in their own right. In addition, several significant directions for additional reflection and thought emanate from his responsum. These include:

 

Analysis of his halakhic methodology

Toledano integrates biblical, rabbinic, and historiographical sources in his discussion, and makes extensive use of reasoned arguments (s’vara) that are not contingent upon proof-texts. It would be of great interest to flush out the underlying methodological and conceptual assumptions that make possible such halakhic writing, and to explicitly develop their philosophical and religious implications.

 

Authority, commitment, and critique

Rabbi Toledano is writing within the classical genre of halakhic responsa, which is based upon the acceptance of tradition and recognition of the authority of earlier scholars who created within that framework. Yet Toledano directs a powerful attack upon what had become a pillar of convention in the rabbinic community, and, indeed, in the traditional Jewish community at large: the understanding of the Divine decree of Galut as requiring submissiveness and as justifying suffering at the hands of the nations. Obviously, then, Toledano does not hold, that to be within the halakhic tradition means to accept as binding everything that has been justified by halakhic masters of the past, or to refrain from explicit criticism of generally accepted opinions. How, then, does he understand the relationship between halakhic authority and halakhic independence, between working within a tradition and subjecting it to a direct critique?

 

Continuity and change

Toledano’s claims that his perception of Galut harks back to a classic tradition that was accepted by Jews up to the expulsion from Spain. Are there real grounds for this claim? If so, what are they, and why and how were they subsequently supplemented by “Ashkenazic” submissive attitudes? If not so, then, what does Toledano’s adoption of a novel understanding of Galut indicate regarding the integrative and transformative capacity of the halakhic system vis-à-vis cultural and social change?

 

 

Notes

 

[1] This article is based upon (but not identical with) two earlier versions:

  1. “Sephardic Halakhic Tradition on Galut and Political Zionism,” in: Yedida K. Stillman and Norman Stillman (eds.), From Iberia to Diaspora: Studies in Sephardic History and Culture, Leiden, Brill, 1999, 223–234.
  2. Tziyonut Medinit u-Biqoret ha-Galut be-’Einav shel Ḥakham Sefaradi Artzi-Yisraeli,” in Zvi Zohar, He-Iru P’nei ha-Mizraḥ, 2001, pp. 285–297.

[2] Scholarly research on Rabbi Toledano includes inter alia: Moshe Ovadia, Rabbi Yaakov Moshe Toledano’s Biography and his Contribution to Jewish Historiography, M.A. thesis, Bar Ilan University, 5704/2003 [Hebrew]; ibid., “The Legal Discourse in Respect of the Status of Deserted Jewish Wives-Agunot in Light of Halachic-Jewish Law Responsa of Rabbi Yaakov Moshe Toledano,” in: The International Journal of Legal Discourse, 2,2 (2017), pp. 423–435; Izhak Bezalel, “The First Levantines in the Ottoman Period in Eretz Israel—Their Zionist Identity and their Attitude Towards Arab Identity,” in: Pe’amim 125–127 (2010–2011), pp. 75–95 [Hebrew]; Eliezer Bashan, “The Attitude Towards Secular Jews in Eretz Israel According to a Responsum of Rabbi Yaakov Moshe Toledano,” in: Qovetz ha-Tziyonut ha-Datit, vol. 2, Jerusalem 1999, pp. 80–86 [Hebrew].  

[3] On the attitude of the leadership of the Old Sephardic Yishuv to the Jewish national movement (Zionism) see: Penina Morag-Talmon, “Zionism in the Consciousness of the Sephardic Community of Jerusalem,” in: Hagit Lavsky (ed.), Yerushalayim ba-Toda’a u-va-Mahashava ha-Tziyyonim, Jerusalem 1989, pp. 35–46 [Hebrew].

[4] She’elot u-Teshuvot Yam HaGadol, Cairo, 5691/1931.

[5] Yam haGadol (above note 4), responsum #92.

[6] Ibid., responsum #57.

[7] Ibid., responsum #21.

[8] One of those murdered in Safed was advocate Meir Toledano, 30 years of age—and the youngest brother of Rabbi Ya’akov Moshe Toledano.

[9] Yam HaGadol, responsum #97. All further quotes in this article are from this responsum.

[10] I have been unable to find mention of this striking tradition in other sources—traditional or academic. In the introduction to his commentary on the Book of Kings, Don Isaac Abarbanel dramatically details his attempts to prevent the Expulsion, but makes no reference to planning an uprising. Sixteenth-century historiographical works such as Eliyahu Capsali’s Seder Eliyahu Zuta and Solomon Ibn Verga’s Shevet Yehuda also say nothing of a planned uprising. Twentieth- century research, such as Ben-Zion Netanyahu’s Don Isaac Abravanel (Philadelphia 1972) and Ephraim Shemueli’s Don Yitzhak Abarbanel ve-Geirush Sepharad (Tel Aviv 1963) are also silent on this topic.

[11] It seems that the rationale for this can be understood as follows: The actions of Moses in Egypt and of Esther and Mordechai in Persia obviously embody model Jewish behavior that should be emulated by all Jews. So too, Jewish leadership in heroic times—such as in the major communities of second century Diaspora Jewry—expresses in action norms to be followed by all Jews. Thus, non-canonical sources can inform us of behavior that is of canonical validity.

[12] Gerson D. Cohen, “Messianic Postures of Ashkenazim and Sephardim (Prior to Sabbethai Zevi),” in Max Kreutzberger, ed., Studies of the Leo Baeck Institute [=Leo Baeck Memorial Lecture, no. 9] (New York: Leo Baeck Institute, 1967), 115–156.

[13] Elisheva Carlebach, “Between History and Hope: Jewish Messianism in Ashkenaz and Sepharad”: third annual lecture of the Victor J. Selmanowitz Chair of Jewish History, Touro College, New York, 1998.

[14] In Rabbi Fenster’s work Sha’ar Bat Rabbim [vol. 5 (Devarim) (Piotrko 5680/1920) fol. 39a–b] he explains, that in biblical times all of the Israelites’ victorious battles were fought not by human prowess but by God; the Israelite forces just stepped out on the field of battle—and God vanquished their enemies. If so, what could Caleb possibly mean when he declared (cf. Joshua 14:11) that at 85 years of age he was still as strong as he was 45 years earlier? He meant, that just as 45 years earlier victory was not due to any physical strength he possessed but only to God’s will, so too at age 85 his situation is identical.

[15] Mendel Piekarz, Trends in Polish Hasidic Thought in the Interwar Years and During the Decrees of 1940–1945, Jerusalem, 1990. The citation is from p. 269.

[16] Ibid., p. 270.

[17] I.e., the Zionist youth of the New Yishuv, most of whom did not follow a lifestyle characterized by commitment to Torah.

[18] This phrase is a direct allusion to Song of Songs 2:7 and 3:5—traditionally interpreted to signify the awakening of God’s love for Israel in the messianic era. Indeed, these are the very same verses interpreted by the midrash in Ketubot 111a as enjoining the Jewish People not to attempt to prematurely awaken God’s love.

[19] Cf. Isaiah 57:15.

[20] Cf. Ezekiel 36:26.

Thoughts on the Teachings of Elie Wiesel

          

  Elie Wiesel (1928-2016) won the Nobel Peace Prize in 1986. Actually, it was against all odds that he should have been alive, let alone become a powerful voice for world peace. When he was only fifteen years old, he—along with all the Jews in his town of Sighet—was rounded up by the Nazis and shipped to concentration camps where most of them were murdered. His mother and younger sister perished in the gas chambers of Auschwitz. His father died before war’s end. His two older sisters survived. The young Elie Wiesel—a religious, pious young man—was spiritually scarred for life by his traumatic experiences in the hell of Nazism’s death camps.

           After the war, he was sent to France, along with other orphans. He could not then find words to describe the Holocaust. The pain was too raw and too deep. He found work as a journalist. In the early 1950s he interviewed the Nobel Prize-winning French novelist François Mauriac, who encouraged Wiesel to write about the concentration camps and to bear witness for the millions whose lives were snuffed out by the Nazis and their collaborators. This led to Wiesel writing an extensive work in Yiddish, later edited down and published in French in 1958, and in English in 1960: The Night. That book was widely read and acclaimed; and Wiesel went on to write many more books, win many awards, teach many classes, give thousands of lectures.

           Upon moving to the United States in 1955, his career as writer and teacher flourished. He held professorial positions at the City University of New York, Yale University, and Boston University. He received numerous awards for his literary and human rights activities, including the Presidential Medal of Freedom, the United States Congressional Gold Medal and the Medal of Liberty Award. President Jimmy Carter appointed Wiesel chairman of the United State Holocaust Memorial Council in 1978. Shortly after receiving the Nobel Peace Prize, he and his wife established The Elie Wiesel Foundation for Humanity.

            Elie Wiesel, a survivor of a Nazi concentration camp, was not only to be a voice and a memorial for the murdered millions. His life’s mission was to serve as a conscience to the world, to remind humanity of the horrors of war and mass murder, to help humanity understand that there should never again be concentration camps, genocide, ruthless and merciless tyranny.

            Throughout his life, Elie Wiesel was a religiously observant Jew; but his faith in God—and humanity--was conflicted, sometimes angry; in spite of his grievances, though, he sought to remain optimistic.  “I belong to a generation that has often felt abandoned by God and betrayed by mankind. And yet, I believe that we must not give up on either…..There it is: I still believe in man in spite of man” (Open Heart, pp. 72, 73). 

            Wiesel’s approach found expression in his description of biblical Isaac, the son of Abraham who was brought to the mountain to be sacrificed to the Lord. At the last moment, an angel appeared to Abraham and commanded him not to put the knife to Isaac’s throat.  In Hebrew, the name Isaac (Yitzhak) means: he will laugh. Wiesel asked: “Why was the most tragic of our ancestors named Isaac, a name which evokes and signifies laughter?” And he provided his answer: “As the first survivor, he had to teach us, the future survivors of Jewish history, that it is possible to suffer and despair an entire lifetime and still not give up the art of laughter. Isaac, of course, never freed himself from the traumatizing scenes that violated his youth; the holocaust had marked him and continued to haunt him forever. Yet, he remained capable of laughter. And in spite of everything, he did laugh” (Messengers of God, p. 97).

            Wiesel’s religious worldview was strongly influenced by the Hassidic movement. He wrote much about Hassidic masters and drew heavily on their teachings. A central element of Hassidism was the role of the Rebbe, the rabbi and teacher, who was—and was expected to be—a tzaddik, a truly righteous person who was deemed to have great powers.

            The Hassidic movement began with Rabbi Israel Baal Shem Tov (1700-1760), born in a small town in the Ukraine. The Besht, as he came to be known, brought a message of hope to the poor and oppressed Jews. A man of humble origins, he taught that the less fortunate were beloved by God, “that every one of them existed in God’s memory, that every one of them played a part in his people’s destiny, each in his way and according to his means” (Souls on Fire, p. 25).  The simple, unlearned Jew could serve God through piety, joy, song, love of nature. What God required was a sincere and pious heart. When people criticized the Besht for associating with lowly individuals, he replied: “A small Tzaddik loves small sinners; it takes a great Tzaddik to love great sinners” (Somewhere a Master, p. 65). This was a basic principle of Hassidism: love for our fellow human beings must resemble God’s love; it reaches everyone, great and small.

            The Besht’s successor was Rabbi Dov Baer, the Maggid of Mezeritch. He drew hundreds of students and thousands of followers. To the more erudite, he taught the hidden truths of the faith. To the simple, he explained that their mere recital of the Sh’ma Yisrael prayer with proper devotion would make them worthy of redemption. The Maggid inspired loyalty. He was an excellent strategist and administrator and succeeded in spreading Hassidism throughout Eastern Europe. Although the Besht was the first leader of the Hassidic movement, it was Rabbi Dov Baer who established the role of the Hassidic Rebbe as a Tzaddik.  “As he saw it, the Tzaddik had to combine the virtues and gifts, as well as fulfill the roles and obligations, of saint, guide and sage. Spokesman for God in His dealings with man, intercessor for man in his dealings with God” (Souls on Fire., p. 66). An essential role of the Tzaddik was to encourage Hassidim never to consider themselves as being useless, abandoned, or neglected by the Almighty.

            As Hassidism grew and spread, new Rebbes emerged, each with his own distinctive style. The common denominator, though, was that each had to be a Tzaddik, a righteous person who could connect the people with God, and God with the people. Some Tzaddikim were ascetic and humble; others enjoyed a degree of luxury. Some were compassionate in the extreme, while others were more remote, less personally involved with the individual struggles of their followers. Some were expected to be wonder workers who could perform miracles; others were respected for their insistence on individual responsibility.

            Rabbi Levi Yitzchak of Berdichev (1740-1809) was known for his unlimited love of each Jew, even the most sinful and ignorant among them. The notables of Berdichev chided him for associating with people of inferior rank. Rabbi Levi Yitzchak replied: “When the Messiah will come, God will arrange a feast in his honor, and all our patriarchs and kings, our prophets and sages will of course be invited. As for myself, I shall quietly make my way into one of the last rows and hope not to be noticed. If I am discovered anyway and asked what right I have to attend, I shall say: Please be merciful with me, for I have been merciful too” (Ibid., p. 99).

            A Tzaddik of a later generation, Rabbi Menachem Mendel of Kotzk (1787-1859), was known for the rigorous demands he made on himself and others. He sought no compromises with truth, no short cuts, no evasions. Wiesel describes him as “the angry saint, the divine rebel. Among the thousands of Hassidic leaders great and small, from the Baal Shem’s time to the Holocaust, he is undeniably the most disconcerting, mysterious figure of all. Also the most tragic” (Ibid., p. 231). The Kotzker always seemed to be yearning, to be reaching for something beyond. He once explained that the serpent in the Garden of Eden was punished and had to forever crawl in and eat the dust. It has been asked: why is eating dust a punishment? In fact, this makes it very easy for the serpent to eat without having to search for its sustenance. The Kotzer replied: “That is the worst punishment of all: never to be hungry, never to seek, never to desire anything” (Somewhere a Master, p. 101). The Kotzker spent the last years of his life as a melancholy recluse. Yet, his sharp wisdom and keen erudition made him a sainted figure among his followers, and one of the most quoted Hassidic Rebbes through modern times.

            Elie Wiesel was especially drawn to those Tzaddikim who were torn by internal conflict and doubts. Rabbi Pinhas of Koretz (1728-1791) taught that even if some questions are without answers, one must still ask them. Doubts are not necessarily destructive, if they bring one to a Rebbe. One must realize that others have gone through the same sorrow and endured the same anguish. “God is everywhere, even in pain, even in the search for faith” (Ibid., p. 12). 

            The Tzaddik invariably lives a double life. He must at once be a humble soul, aware of his limitations—and he must be a seemingly perfect person in the eyes of his followers. If he is too humble, he cannot gain their trust. If he thinks he indeed is perfect, then he is a deeply flawed human being. “A saint who knows that he is a saint—isn’t. Or more precisely, no longer is. A conscience that is too clear is suspect. To ever be clear, conscience must have overcome doubt. As Rebbe Nahman of Bratzlav put it: No heart is as whole as one that has been broken” (Ibid., p. 59).

            Elie Wiesel was drawn to Hassidic masters who were epitomes of religious faith and leadership…and who had their own questions, self-doubts, feelings of melancholy. In spite of personal internal struggles, the Tzaddik had to be available to his followers with a full and loving heart. “Just tell him that you need him and he will receive you. Tell him that you are suffering and he will be your companion. Tell him you need a presence and he will share your solitude without invading it. This may seem unusual today, but in those days many Hassidic Masters treated their followers in that way, with similar compassion” (Ibid., p. 142).

            Wiesel writes nostalgically, especially about the early Tzadikkim of Hassidism. But as the movement grew and expanded, it also lost some of the initial energy and idealism of its founders. Many different and competing groups emerged, each with its own Rebbe/Tzaddik.

To the outside observer, Hassidim appear to be cult-like groups blindly devoted to their charismatic Rebbes; they dress in distinctive garb, follow distinctive customs, and speak primarily in Yiddish rather than the language of the land. Yet, Hassidim are living testimony of the power of survival. Vast numbers of Hassidim perished during the Holocaust. Their communities in Europe were decimated. Yet, the survivors did not lose faith. They rebuilt communities in Israel, the United States and elsewhere; a new generation of Rebbes emerged, attracting thousands of adherents. Elie Wiesel’s emotional connection to Hassidism and Hassidim are an expression of his faith in humanity’s ability to overcome horrors…and survive with renewed vigor and optimism.

                                                *     *     *

          When it was announced in 1986 that Elie Wiesel won the Nobel Prize, many (including me) supposed it was the prize in literature. After all, he was a famous author of numerous highly acclaimed books. But the prize was not for literature, but for peace.

            Apparently the Nobel committee thought that his universal messages relating to peace were more important than his literary production. Some have felt that Wiesel’s writing is overly emotional, sometimes pretentious; it tries too hard to appear profound. While his books will be read for many years to come, his role as a conscience for humanity was deemed most significant.

                       In presenting the Nobel Peace Prize, Egil Aarvik, chair of the Nobel Committee, said this about Wiesel: “His mission is not to gain the world’s sympathy for victims or the survivors. His aim is to awaken our conscience. Our indifference to evil makes us partners in the crime. This is the reason for his attack on indifference and his insistence on measures aimed at preventing a new Holocaust. We know that the unimaginable has happened. What are we doing now to prevent its happening again?”

References

Conversations with Elie Wiesel, E. Wiesel and Richard D. Heffner, Schocken Books, New York, 2001.

Messengers of God, Simon and Schuster, New York, 1976.

Night, Bantam Books, New York, 1960.

Open Heart, Schocken Books, New York, 2012.

Somewhere a Master, Schocken Books, New York, 1982.

Souls on Fire, Random House, New York, 1972.

           

 

Gilda Angel: In Memoriam

Gilda Angel: In Memoriam

(Thoughts by Rabbi Marc D. Angel for the “sheloshim”—30 days of mourning—for his beloved wife of nearly 58 years.)

 

Everyone knows intellectually that we are mortal, that death is inevitable.

But when death claims a loved one, our intellectual awareness of death gives way to grief. Death is shocking.

Scientists can explain the process of death. Doctors can identify the symptoms leading to death. Theologians and philosophers can offer discourses on the meaning of death.

But death remains a profound mystery.  All the explanations in the world still leave us at a loss. Someone we knew and loved is gone. The new silence is deafening. We strain to hear a beloved voice, to feel a tender touch, to share a living moment.

But no, death has taken this all away. 

We mourn. No matter how wise or experienced we are, we find ourselves crying and mourning over an irreplaceable loss. The one who died is at peace; but the survivors are bereft.

Jewish tradition provides a framework for coping with death and mourning. It understands that mourning is a process; it takes time; it develops stage by stage—seven days, a month, eleven months, a year…a lifetime.

The Talmud (Berakhot 46B) records the opinions of Rabbi Akiva and the Sages on the appropriate blessing to recite when a loved one dies. Rabbi Akiva suggests: Barukh Dayan HaEmet, blessed be the True Judge.  This is a blessing of resignation. We don’t understand the mystery of death, we aren’t sure how we are going to get through our grief: but we affirm that God is the True Judge and ultimate Master of life and death. We bow our heads humbly.

The Sages suggest a different blessing: Barukh Hatov VeHameitiv, blessed be the One who is good and bestows good. This seems like an odd blessing to recite when we are grieving. We don’t necessarily feel that God is good or does good when we stand before the dead body of a loved one. But the Sages may be suggesting a profound way of coping with death. Yes, of course we are sad and forlorn; but we also need to inject positive emotions into our mourning. We need to remember all the blessings and happiness the deceased person had enjoyed. We need to call to mind all the good that was accomplished and experienced. We need to remember the happy times, the achievements, the special moments. We affirm that God is the source of goodness.

Gilda Angel (April 24, 1946-June 3, 2025) lived a beautiful life. She was a wonderful daughter, sister, wife, mother, grandmother, aunt, teacher, friend. She was bright, loving, wise. She lived with a keen sense of God’s presence. She taught science for over 40 years; she wrote a food column for ten years and also authored an amazing cookbook “Sephardic Holiday Cooking.” She was an active “rebbitzin” in a wonderful congregation; she was hospitable and gracious, always with a welcoming smile on her face. She loved music, nature, art, travel. She loved Israel; we spent many summers in Jerusalem. She was kind, charitable, sociable…the list of her virtues goes on and on.

Gilda and I went on our first date May 8, 1966. We were married August 23, 1967. I am grateful beyond words for the privilege and joy of having spent these many years with her. The Almighty blessed us with wonderful children, grandchildren and extended family. 

Barukh Dayan HaEmet: As a rabbi for over 50 years, I’ve been at many death beds, officiated at many funerals, made many shiva visits. But one never entirely comes to grips with death; it remains a mystery beyond our ken. With the passing of my beloved Gilda, I have lost my life partner, my light and my blessing. In resignation, I acknowledge God as the True Judge. God will shine glory and peace on Gilda’s soul. God will provide our family with as much consolation as is possible.

Batukh Hatov VeHameitiv: Even in mourning—or perhaps especially in mourning—we need to recall the many blessings the Almighty bestowed on us. Gilda lived a beautiful life, full of love, happiness, fulfillment. When I reminisce about our life together, my primary emotion is gratitude. I thank God who is good, who bestows good, and who blessed our lives with so much good and goodness.

Our tradition teaches that the memory of the righteous is a blessing. Gilda’s life-force will continue to impact positively on me, our children and grandchildren, on Gilda’s sisters, on our extended family, friends and her many students. Her faith, love and wisdom live on within all who were blessed to experience the radiance of her life.

Blessed be the True Judge. Blessed be God who is good and who bestows goodness.

 

Conversion: Halakhah and Public Policy

Different Responses to New Realities

Beginning in the nineteenth century, cataclysmic changes affected Jewish communal life. Secularization, the separation of Church and State, emancipation, and the institution of civil marriage undermined the authority of Jewish communal leadership and led to a shift from a generally traditional society to one where the majority of Jews no longer observed all of halakhah and many chose social assimilation and (increasingly) intermarriage. The latter phenomenon gave rise to the following question: If a Jew has chosen to marry (or to live with) a non-Jewish partner, and that partner applies to convert, what is the proper rabbinic response? While there is a wide range of opinions among rabbis responding to this question, they can be divided broadly into a more lenient position and a more restrictive position. This chapter will explore the central arguments of each side.

The basic issues on which the two sides disagree are as follows:

 

  1. If the non-Jewish partner of a Jew applies to convert, is her motivation for the sake of marriage (rather than sincere religious motivation)? If so, are we required to reject this application out of hand?
  2. If we agree to accept such spouses for conversion, are we not thereby implicitly condoning and even encouraging intermarriage?
  3. If a Jew has chosen a non-Jewish spouse, this frequently reflects that he or she herself holds a cavalier attitude toward observance of mitzvot. It stands to reason that we can expect no more from the prospective convert. If so, then:
    1. Should we agree to accept a convert who likely will not be religiously observant?
    2. If halakhah regards “acceptance of the commandments” as a crucial part of the conversion ceremony, can such a candidate fulfill that requirement? If not, then even if we want to accept such a person it is a waste of time, for without acceptance of the commandments conversion can never be valid.

 

Several German rabbis, including Yaakov Ettlinger, Samson Raphael Hirsch, and Azriel Hildesheimer, opposed performing conversions in cases of intermarriage. They maintained that in the era when Rambam permitted such a conversion (see previous chapter), the Jewish community was generally observant. Back then, conversion to Judaism necessarily meant entry into an observant Jewish community. However, one no longer could presume that a convert would join an observant community, since the majority of born Jews no longer fully observe halakhah. These rabbis maintained that it is contrary to Torah to accept a convert who will be non-observant. Therefore, Rambam’s ruling is not relevant as a precedent in the modern era.

Similarly, some rabbis ruled that a mohel should not circumcise a boy born from a Jewish father and a non-Jewish mother, since there was little likelihood that the child would grow up in an observant Jewish home. Thus, even if the child were later to complete the conversion process by immersion in a mikvah, he would at most become a non-observant Jew, whom (as noted above) Torah does not want as a convert. In addition to their halakhic analysis, this group of rabbis believed that a strict policy against conversion and circumcision of sons born through intermarriage would deter others from intermarrying.[1]

            Other rabbis disagreed with this analysis. They believed that a Bet Din is obligated to do whatever it can to avoid an intermarriage and that this can be achieved by converting the non-Jewish partner. Moreover, the Bet Din also has a responsibility to ensure a Jewish future for the children of intermarried couples. Rabbis Zvi Hirsch Kalischer and Marcus Horowitz insisted that a mohel should circumcise a boy born from a Jewish father and non-Jewish mother, since he is still of Jewish stock, zera Yisrael. The Bet Din has a responsibility to keep such children closer to Judaism and the observant community, and perhaps one day they would come to accept Judaism more fully. These rabbis maintained that a Bet Din should view a father’s desire to circumcise his son as an act of sincere commitment, since he did not have to request this circumcision at all.

            In this spirit, Rabbi David Zvi Hoffmann ruled that if a couple is civilly married and the non-Jewish spouse comes to a Bet Din to convert, this should not be considered a conversion “for the sake of marriage” since they already live as a married couple and therefore have no ulterior motive for conversion. Aside from the responsibility to do everything it can to prevent intermarriage, the Bet Din also has a responsibility to the children of these couples, and can help in their religious development by giving them two Jewish parents.

Rabbi Hoffmann understood that this situation was not ideal, but considered performing the conversion as the lesser of two problems. Rabbi Hoffmann also wanted prospective converts to avoid going to Reform rabbis, as the converts (and many others) would mistakenly think that they are Jewish even while not having undergone a halakhic conversion. Within his permissive ruling, Rabbi Hoffmann maintained that the non-Jewish partner must commit to three pillars of mitzvah observance: Shabbat, kashrut, and the laws of family purity.[2]

One of the central debates between the two positions revolved around the requirement of conversion “for the sake of Heaven” (Gerim 1:3). The permissive side maintained that any choice made by the prospective convert not for personal gain should be considered “for the sake of Heaven.” A civilly married couple, then, could be considered sincere since they did not need to come to a Bet Din in order to be married. Rabbi Yehiel Yaakov Weinberg agreed with Rabbi David Zvi Hoffmann, that if a couple already lives together, a Bet Din may view their voluntarily coming to the Bet Din to mean that the conversion was not for ulterior motives. Others, including Rabbi Shlomo Kluger and Rabbi Ovadiah Yosef, maintained this view, as well.[3]

Additionally, many who permitted such conversions did so in order to avoid the greater problem of intermarriage. A lenient interpretation of the rules of conversion was the preferable choice. Finally, the permissive side insisted that a Bet Din has a responsibility to work proactively to help people avoid living in sinful relationships.

The restrictive side disagreed. True, such a conversion may not be for the sake of marriage, but it also is not a sincere conversion for the sake of heaven. The Jewish partner, for example, may want his or her non-Jewish spouse to convert for social and communal acceptance. The restrictive side also maintained that it is not the responsibility of a Bet Din to proactively bend the rules of conversion to help sinners. Additionally, they argued, of what benefit would it be to convert a non-Jewish spouse if the couple likely will remain non-observant? Similarly, of what benefit would it be to the child of an intermarriage, who was unlikely to grow up observant? Such individuals are better off as non-Jews, since they will not be culpable for violating the Torah. Better remain a Gentile than become a non-observant Jew![4]

Toward the end of the nineteenth century, some rabbis pushed the restrictive position further and maintained that absent a fully sincere and heartfelt commitment to observing all of the mitzvot at the time of conversion, conversions are not valid even after the fact, even if performed by an Orthodox Bet Din. Professors Avi Sagi and Zvi Zohar maintain that Rabbi Yitzhak Schmelkes was the first to state and defend this position (in 1876).[5] Two leading exponents of this position were Rabbis Mordechai Yaakov Breisch and Moshe Feinstein.[6]

One of the leading exponents of the permissive position in the twentieth century was Rabbi Benzion Uziel, the Sephardic Chief Rabbi of Israel at the time of the founding of the State. Rabbi Uziel maintained that many mixed couples exist, whether just living together or married under civil law, and the Bet Din has a responsibility to change this situation for the better if it is able to do so. He therefore ruled that if a couple already is civilly married, or they are certainly going to get civilly married, a Bet Din should perform the conversion to create a marriage in which both partners are Jewish.

Rabbi Uziel understood the obligation of a Bet Din to inform a prospective convert of some mitzvot prior to conversion (Yevamot 47a–b) to mean that the convert is required to be informed that a central aspect of Judaism is commitment to Torah and mitzvot, and that Jews are held responsible by God to observe them. However, the halakhah does not demand that a convert commit to observing all of the mitzvot, but rather only to understand that he or she is responsible to observe the mitzvot.

            Rabbi Uziel also invoked Rambam’s responsum (#211, discussed in the previous chapter), where he permitted the less-than-ideal conversion of a Christian maid who had an affair with a Jewish man so that they could get married. Similarly, argued Rabbi Uziel, many circumstances in the modern period fit this less-than-ideal status, where a Bet Din must choose the lesser of the two evils.

            Rabbi Uziel also insisted that the Bet Din has a responsibility to the children of intermarried couples. If the father but not the mother is Jewish then the child is of Jewish stock, zera Yisrael, and should be converted so as to become halakhically Jewish. If the mother is Jewish, then the child is Jewish. If that child’s non-Jewish father wants to convert, the Bet Din should accept him so that the child grows up in a unified Jewish home with two Jewish parents.

Not only is the Bet Din permitted to do such a conversion, but it is obligated to do so in order to progress from a situation of intermarriage to one in which the entire family is Jewish. Rabbi Uziel stressed that the Bet Din first must attempt to break up such an intermarriage, but if it could not dissuade the couple, the conversion should take place.[7]

A prolific contemporary writer on conversion, Rabbi Chaim Amsellem, maintains that there are particular halakhic grounds for leniency where a prospective convert is of Jewish stock, zera Yisrael. He maintains that some actual religious commitment is required of a convert, but that is not tantamount to an acceptance to observe the entire Torah. Rather, commitment to have some semblance of a Shabbat and holidays, as well as a belief in one God and an abandonment of previous religious affiliations, is sufficient.[8]

 

Current Realities

 

With the creation of the State of Israel, a new identity was possible as people living in Israel could cast their lot with the fate of the Jewish people, without adopting any meaningful religious lifestyle.[9] Ashkenazic Chief Rabbis Yitzhak Herzog and Isser Zalman Unterman both maintained stringent policies for conversions that occur outside of Israel. However, they believed that if an intermarried couple wanted to convert to make aliyah under the Law of Return, and it was safe to live in the country where they currently resided (so that they did not have the ulterior motive of converting to attain physical safety by moving to Israel), then their adoption of the Zionist dream is to be considered casting their lot with the Jewish people.[10]

With hundreds of thousands of people from the former Soviet Union living in Israel today who are not halakhically Jewish, several religious Zionist rabbis maintain that a lenient policy is required. Rabbi Yoel Bin-Nun has argued that there should be a mass conversion ceremony. Rabbi Yigal Ariel similarly maintains that their living in Israel fulfills the halakhic requirement to accept Jewish peoplehood.[11]

Similarly, the rampant rate of intermarriage throughout the Diaspora has led several rabbis to adopt the lenient ruling on conversion so that they can prevent as many instances of intermarriage as possible. These rabbis also attempt to convert the children of mixed marriages when possible.

In contrast, the restrictive position maintains that every convert must be judged on a case-by-case basis as an individual, and each one must demonstrate a full and sincere personal commitment to halakhah and Jewish belief. Without such commitment at the time of the conversion, the conversion is invalid even post-facto.

Rabbis who espouse the restrictive position maintain that a Bet Din should welcome anyone who fully accepts the Torah’s religious standards, and everyone else is better off remaining non-Jewish. People who sin through intermarriage and assimilation are not the responsibility of a Bet Din, since they brought these problems onto themselves by making sinful choices.

 

Summary of the Major Issues

 

            There is a wide range of definitions assigned to “acceptance of mitzvot,” including the following: (1) The convert agrees to fulfill the ritual of conversion, circumcision, and mikvah (Ramban, Tosafot).[12] (2) The convert must give verbal assent to observe the mitzvot (Rabbis Hayyim Ozer Grodzinski, Abraham Isaac Kook). (3) The convert needs to understand that a central aspect of Judaism is commitment to Torah and mitzvot, and Jews are held responsible by God to observe them (Rabbis Raphael Aharon ben Shimon, Benzion Uziel). (4) The convert must commit to observe all mitzvot. If, at the time of the conversion, the convert said untruthfully that he or she was committed, then the conversion is invalid even post-facto (Rabbis Yitzhak Schmelkes, Mordechai Breisch, Moshe Feinstein).[13]

            There also is debate over the meaning of conversion “for the sake of heaven”: (1) As long as there is no tangible benefit for the convert, a conversion can be considered to be for the sake of heaven. Therefore, an intermarried couple that approaches a Bet Din so that the non-Jewish partner can convert is accepted, since they already are living as a married couple. (2) Some concede that such conversions are less than ideal, but it remains good policy for the Bet Din to accept such converts to avoid the greater evils of intermarriage, mixed-religion households, and to keep the children of intermarriages closer to the Torah. (3) Conversion for the sake of Heaven requires a full and sincere commitment to God, the Torah, and mitzvah observance.[14]

            There is a fundamental debate regarding the obligation of a Bet Din toward sinners: If the more lenient positions are a compromise with pure halakhah (which they may not be, as we have seen), is it the obligation of the Bet Din to bend the rules to accept the lesser of two evils, or does the Bet Din have no obligation to compromise?

            Intertwined with the purely halakhic debates is a disagreement over the best public policy. Granting that there are strong halakhic opinions on both sides of this debate, what policy best serves the Jewish people? Do hundreds of thousands of people of Jewish stock from the former Soviet Union living in Israel who fight in the Israeli armed forces and marry other born Jews; or the countless couples who either are intermarried or will intermarry, and the children of intermarriages, require the Bet Din to be proactive and as inclusive as possible? Or is it preferable for a Bet Din to be as restrictive as possible toward those who do not fully adopt the ideal beliefs and observant lifestyle of the Torah?

            To summarize, the permissive side has two dimensions: (1) The classical halakhic sources support the permissive side. (2) The classical halakhic sources may not fully support the permissive side at the level of ideal halakhah, but we live in an age where halakhic compromise is preferable to the greater problems that arise by not performing the conversions. The restrictive side, in contrast, insists that the classical halakhic sources do not support the permissive side, and that a Bet Din should not bend any rules to help sinners.

 

Tragic Recent Development: The Possibility of Annulling a Conversion

 

Toward the end of the twentieth century, a radical new development took place, as several rabbis began to insist that a conversion can be revoked at any time if the convert demonstrates a lack of halakhic observance.[15] This innovative ruling led to a series of truly dreadful events. In 2006, then Sephardic Chief Rabbi of Israel Shlomo Amar declared that he rejected most Orthodox conversions from abroad. In 2008, Rabbi Avraham Sherman of Israel’s Rabbinical High Court cast doubt on thousands of conversions performed by Rabbi Haim Drukman, who had been the head of the State Conversion Authority in Israel. He also declared Rabbi Drukman to be invalid to serve as a rabbinical judge since Rabbi Drukman disagreed with what Rabbi Sherman maintained was the accepted position in halakhah. In 2009, then Ashkenazic Chief Rabbi of Israel Yona Metzger supported Rabbi Sherman, and insisted that Israel’s Chief Rabbinate has the power to annul any conversion.[16]

The besmirching of the good names of righteous judges who performed the conversions, and the horrific anguish brought upon halakhic converts and their children who are fully and irrevocably Jewish, are absolutely unacceptable. The Talmud debates whether one who oppresses the convert violates 3, 36, or 46 Torah laws (Bava Metzia 59b). Rabbi Yosef Zvi Rimon condemns Rabbi Sherman’s sinful conduct of disqualifying Rabbi Drukman and his court:

 

Rabbi Haim Drukman is a God-fearing and righteous man. Disagreeing with his judgment is one thing; disqualifying him from being a judge—or even a good Jew, since conversion overseen by three observant Jews is valid—is intolerable. Rabbi Aharon Lichtenstein…intimated that Rabbi Sherman’s comments about Rabbi Drukman is a transgression of Torah prohibitions relating to bein adam l’haveiro [interpersonal relationships], which disqualifies him from testifying or serving as a dayan [rabbinical judge].[17]

 

Returning to the genuine principled debate, rabbis who insist on the restrictive position recognize that many leading halakhists maintain positions against their own.[18] Therefore, they should grant legitimacy post-facto to conversions performed by Orthodox Batei Din who follow the permissive opinions. All converts need to know that once they convert through an Orthodox Bet Din, they are irreversibly Jewish and nobody ever can take that Jewishness away from them or from their children.[19]

The religious establishment is obligated to address cases of intermarriage, children of intermarriages, and people of Jewish ancestry. While halakhists must determine the proper halakhic ruling and policy, it is clear that both sides have great halakhic decisors and strong arguments to support them. The key to Jewish unity, then, is for Batei Din to recognize the rulings of others who follow different halakhic opinions, even when they vigorously disagree with their positions.

            There are fewer people more courageous and beloved than adult converts, who enter under the wings of the Shekhinah, transforming their identity, and identifying with the Jewish people.[20]

            One Midrash states this point beautifully:

 

God greatly loves the proselytes. To what may this be compared? To a king who had a flock [of sheep and goats].... Once, a deer came in with the flock. He associated with the goats and grazed with them…. The king was told: “A certain deer has joined the flock, and is grazing with them every day.” The king loved him. When he went out into the field, the king gave orders: “Let him have good pasture as he likes; no man shall beat him; take care of him!”… They said to him: “Master! You have so many rams, so many sheep, so many kids—and you say nothing to us about them; but with regard to this deer you instruct us every day!” The king said to them: “The sheep, whether they want to or not, such is their way: to graze in the field all day…. The deer sleep in the desert, and it is not their way to enter into human settlements. Should we not be grateful to this one, who abandoned all the great wide desert where all the animals live, and came to be in our yard?” Similarly, should we not be grateful to the proselyte, who abandoned his family and father’s home and left his people and all peoples of the world, and came to be with us? (Numbers Rabbah 8:2)

 

 

[1] David Ellenson and Daniel Gordis, Pledges of Jewish Allegiance (Stanford, CA: Stanford University Press, 2012), pp. 39–48.

[2] Ibid., pp. 49–67.

[3] Ibid., pp. 92–96, 100–102, 110–114; Richard Hidary, “Sephardic Approaches to Conversion,” in Conversion, Intermarriage, and Jewish Identity, ed. Robert S. Hirt, Adam Mintz, and Marc D. Stern (New York: Yeshiva University Press, 2015), pp. 306–309.

[4] For an extensive survey of rabbis on each side of this debate, see Avi Sagi and Zvi Zohar, Transforming Identity: The Ritual Transition from Gentile to Jew (London, New York: Continuum, 2007), pp. 37–88.

[5] Zvi Zohar (written communication, June 14, 2016) offers the following explanation of (what he considers to be) the revolutionary position of R. Schmelkes:

 

Modern political and cultural life is based upon several interconnected ideas: (a) The separation of church and state; (b) the idea that religion is a matter of individual conscience and resides in the individual’s heart and conscience; (c) the idea of a nation-state, in which all members of the nation enjoy equal citizenship, whatever their religious affiliation is.

Under the above matrix of ideas, if being Jewish meant belonging to the Jewish RELIGION, then, a Jew could be a member of (e.g.) the French NATION without any conflict in identity. But if being Jewish meant belonging to the Jewish NATION, then, how could a Jew also be a member of the FRENCH nation and a loyal citizen of France?

Until modern times, Jews did not have to make such a choice. But once becoming a citizen was facilitated by defining Jewishness as specifically a RELIGION, then this was very attractive to Jews. Conversely, those who decided that being Jewish meant belonging to the Jewish NATION, ultimately opted for NATIONAL SELF DETERMINATION (in the spirit of modern nationalism in general).

The internalization of the notion that Jews are basically a religious community is (to my mind) what led to Rabbi Schmelkes making the completely innovative halakhic ruling, that if at the moment of giyyur the person did not sincerely intend to accept upon himself praxis of the Jewish RELIGION—the fact that the giyyur was conducted by an Orthodox Bet Din was of no consequence, and the giyyur was completely worthless. Because religion is a matter of the heart, that was the crux of a true giyyur.

But up to that moment in the history of halakhah, it was clear that giyyur was rebirth into the Jewish People, that resulted in the People’s covenant with God obligating the ger but not due to any personal self-obligation he had at heart.

[6] Ellenson and Gordis, Pledges of Jewish Allegiance, pp. 96–100, 103–110, 123–126.

[7] For further discussions of R. Uziel’s view, see R. Marc D. Angel, “A Discussion of the Nature of Jewishness in the Teachings of Rabbi Kook and Rabbi Uziel,” and “Another Halakhic Approach to Conversions,” in Angel, Seeking Good, Speaking Peace: Collected Essays of Rabbi Marc D. Angel, ed. Hayyim Angel (Hoboken, NJ: Ktav, 1994), pp. 112–123, 124–130; R. Marc D. Angel, Loving Truth and Peace: The Grand Religious Worldview of Rabbi Benzion Uziel (Northvale, NJ: Jason Aronson, 1999), pp. 155–175; Ellenson and Gordis, Pledges of Jewish Allegiance, pp. 126–133.

[8] R. Chaim Amsellem, “Acceptance of the Commandments for Conversion,” Conversations 14 (Autumn 2012), pp. 91–117.

[9] See further discussions in Arye Edrei, “From ‘Who Is a Jew’ to ‘Who Should Be a Jew’: The Current Debates on Giyur in Israel”; and Chaim I. Waxman, “Giyur in the Context of National Identity,” in Conversion, Intermarriage, and Jewish Identity, pp. 109–150, 151–185.

[10] Ellenson and Gordis, Pledges of Jewish Allegiance, pp. 136–142.

[11] Ibid., pp. 154–157.

[12] See further in Sagi and Zohar, Transforming Identity, pp. 177–183.

[13] Ibid., pp. 223–251.

[14] Ibid., pp. 37–103.

[15] Ibid., pp. 252–263.

[16] See further discussion in R. Yosef Zvi Rimon, “Modern-day Ashkenazi Psak regarding the Nullification of Conversion,” in Conversion, Intermarriage, and Jewish Identity, pp. 261–291.

[17] R. Yosef Zvi Rimon, “Modern-day Ashkenazi Psak regarding the Nullification of Conversion,” p. 273.

[18] R. Chaim Amsellem quotes R. Ovadiah Yosef’s comments from 1976, where R. Yosef stated that a majority of the judges who worked in his system in Israel adopted more inclusive positions on conversion to avoid intermarriage, whereas a small minority adopted the more restrictive position (“Acceptance of the Commandments for Conversion,” pp. 110–111). See further discussions in R. Marc D. Angel, “A Fresh Look at Conversion,” in Angel, Seeking Good, Speaking Peace: Collected Essays of Rabbi Marc D. Angel, ed. Hayyim Angel (Hoboken, NJ: Ktav, 1994), pp. 131–140; R. Marc D. Angel, “Conversion to Judaism: Halakha, Hashkafa, and Historic Challenge,” Conversations 12 (Winter 2012), pp. 121–145.

[19] See further discussion in Zvi Zohar, “Retroactive Annulment of Conversions?” Conversations 2 (Fall 2008), pp. 73–84.

[20] For several moving personal testimonials written by converts, see R. Marc D. Angel, Choosing to be Jewish: The Orthodox Road to Conversion (Jersey City, NJ: Ktav, 2005).

Upcoming Class with Rabbi Hayyim Angel

 

On July 8, 15, and 22 (Tuesdays), from 11:00 am-12:00 pm EDT, Rabbi Hayyim Angel will give a three-part series on ZOOM at Lamdeinu, Teaneck. The series will cover three topics in the Book of Numbers with an eye toward learning methodology. To register, go to Lamdeinu.org.

 

 

 

Tanakh and Superstition: Debates within Traditional Commentary

 

The Torah rooted out many ancient pagan superstitions. Professor Yehezkel Kaufmann (1889–1963) pinpointed several critical features that fundamentally distinguish Tanakh from ancient Near Eastern literature. There is one supreme God above who is the Creator of all nature, and there are no forces competing with God. God is absolutely free. God is timeless, ageless, nonphysical, and eternal. Nature is a stage on which God expresses His will in history. Rituals do not harness independent magical powers and do not work automatically. Endowed with free will, people can defy God and even drive God’s Presence away. Evil does not inhere in universe but rather is a product of people sinning, and it undermines creation. Absolute standards of good and justice exist, and people may use their free will to build an ideal society.[1]

 

The overwhelming majority of Tanakh fits this description perfectly. God and the religious-moral behavior of humanity are explicitly responsible for nearly all events. This premise is so self-evident that one Mishnah dismisses any possibility of a “magical” reading of two Torah narratives that could have been read that way: Moses’ raised arms assisting Israel in the battle against Amalek (Exodus 17:8–16); and Moses’ using a divinely-commanded brass serpent to heal serpent-bitten Israelites in the wilderness (Numbers 21:4–9):

 

Is it Moses’ hands that make or break success in war? Rather, this comes to tell you, that whenever Israel looked upward and subjugated their hearts to their Father in heaven, they would prevail. If not, they would fall. Similarly, you can say concerning the verse, “Make a [graven] snake and place it on a pole, and everyone bitten who sees it will live.” Is it the snake that kills or revives? Rather, whenever Israel looked upward and subjugated their hearts to their Father in heaven, they would be healed. If not, they would be harmed. (Mishnah Rosh HaShanah 3:8)

 

There are instances, however, where some commentators interpret biblical narratives and laws in ways that differ from the above principles. This essay focuses on biblical passages that could be interpreted as reflecting powers that do not directly emanate from God. Among traditional commentators, there is diversity of opinion regarding the existence of forces beyond the divine. In most cases, Tanakh does not exhibit evidence of forces beyond God’s realm, but there are a few occasions where it might.[2] Religious educators must be particularly sensitive when teaching these passages with classical commentary, so that their students do not become superstitious.

 

Do Human Blessings and Curses Work Automatically?

 

Isaac’s Blessing to Jacob

            Isaac’s bestowal of the birthright is the central theme of Genesis chapters 25 and 27. Jacob successfully obtains the blessing through deception. Isaac upholds his blessing even after learning that he had mistakenly blessed Jacob:

 

Isaac was seized with very violent trembling. “Who was it then,” he demanded, “that hunted game and brought it to me? Moreover, I ate of it before you came, and I blessed him; now he must remain blessed!” When Esau heard his father’s words, he burst into wild and bitter sobbing, and said to his father, “Bless me too, Father!” But he answered, “Your brother came with guile and took away your blessing.” [Esau] said, “Was he, then, named Jacob that he might supplant me these two times? First he took away my birthright and now he has taken away my blessing!” (Genesis 27:33–36)

 

Given his knowledge of Jacob’s deception, why does Isaac conclude that “now he must remain blessed” (verse 33)?

 

            Following a Midrash (Genesis Rabbah 67:2), Rashi suggests that Isaac said “now he must remain blessed” (verse 33) only after hearing that Esau had sold the birthright years earlier (verse 36). Isaac thereby made a rational decision upon learning previously unknown (to Isaac) vital information. Of course, Rashi’s interpretation requires reading the verses out of sequence. In the text, Isaac appears to uphold the blessing immediately after learning that he was speaking with Esau. Most commentators therefore reject Rashi’s reading.

According to Rabbi Joseph Bekhor Shor and Ramban, Isaac’s blessing was prophetic and therefore could not be retracted. Ralbag and Abarbanel disagree and suggest that the blessing was not “automatic.” Rather, Isaac concluded that since Jacob had deceived him successfully, it must have been God’s will that Jacob should be blessed.

To summarize: Rashi, Ralbag, and Abarbanel interpret Isaac’s upholding the blessing as Isaac’s rational decision. Rabbi Joseph Bekhor Shor and Ramban maintain that Isaac’s blessing was an unretractable prophecy. In this latter reading, Isaac was powerless to annul even a misdirected blessing.

Regardless of the aforementioned debate, there is one other critical detail. Although Isaac was unaware (as far as we know), Rebekah received a prophecy during her pregnancy suggesting that Jacob would prevail over Esau:

 

The Lord answered her, “Two nations are in your womb, two separate peoples shall issue from your body; one people shall be mightier than the other, and the older shall serve the younger.” (Genesis 25:23)

 

            Moreover, several Midrashim and later commentators understand “the older shall serve the younger” (ve-rav ya’avod tza’ir) as ambiguous. It could mean “the older shall serve the younger,” but it also can mean “the older shall have the younger work for him” (Genesis Rabbah 63:7, Radak, Abarbanel). According to the Midrash, God stated the prophecy ambiguously since its favorable fulfillment for Jacob would occur only when Jacob and his descendants are faithful to God and the Torah. In the broader birthright narrative, then, Isaac’s human blessing also fulfills God’s prophetic plan. Even then, it does not work automatically but appears to be conditional on the future righteous behavior of Jacob and his descendants. According to all of the aforementioned readings, then, Isaac’s blessing reflected God’s will, and did not invoke some independent power that would bring blessing to Jacob and his descendants regardless.

In this spirit, Malbim (on Genesis 27:1) asserts that Isaac did not have the power to bestow divine blessings of chosenness. Rather, he had power over inheritance. The blessing to be God’s nation is solely in God’s hands, and that blessing depends on the religious worthiness of Jacob and Esau. Nehama Leibowitz agrees with this approach, and insists that Esau’s intermarriage to Canaanites (Genesis 26:34), rather than his sale of the birthright, forfeited his worthiness of the divine blessing. Isaac’s blessing of Esau could not have created the third Patriarch of the chosen nation.[3]

 

Noah’s Blessings and Curses

            After Ham’s shameful behavior toward his drunk and naked father Noah, Shem and Japeth respectfully covered their father. When Noah realized what had happened, he cursed Ham’s son Canaan and blessed Shem and Japheth:

 

He said, “Cursed be Canaan; the lowest of slaves shall he be to his brothers.” And he said, “Blessed be the Lord, the God of Shem; let Canaan be a slave to them. May God enlarge Japheth, and let him dwell in the tents of Shem; and let Canaan be a slave to them.” (Genesis 9:25–27)

 

These blessings are fulfilled when the Canaanites—the descendants of Ham—are dispossessed by the Israelites—the descendants of Shem. Did Noah’s blessing and curse cause this critical event in Israel’s history?

            The answer is negative. God dispossesses the Canaanites because they were wicked (for example, Genesis 15:16; Leviticus 18:24–30; Deuteronomy 9:1–5). The Israelites receive the Land because of God’s covenant with the Patriarchs (Deuteronomy 9:1–5). The Israelites also do not retain the Land of Israel automatically. If they are wicked, God will dispossess them from their land as well (see, for example, Leviticus 26:31–33; Deuteronomy 4:25–28; 11:16–17; 28:64–68). Righteous behavior allows a nation to merit the Land of Israel, and wicked behavior leads God to expel a nation from the Land of Israel.

Like Isaac’s blessing to Jacob, then, Noah’s blessings and curses reflect the divine will, and play no independent role in the dispossession of the Canaanites nor in God’s awarding the Land of Israel to Abraham and his descendants.

 

Balaam’s Blessings and Curses

            A similar discussion arises over Balaam’s power to curse Israel. The premise of the narrative in Numbers chapters 22–24 is that Balaam’s powers were perceived as genuine, and God’s intervention on Israel’s behalf rescued Israel from the deleterious effects of the curse. Tanakh repeatedly invokes this story to demonstrate God’s love of Israel (see Deuteronomy 23:5–6; Joshua 24:9–10; Micah 6:5; Nehemiah 13:1–2).

            However, traditional commentators debate the “what if” of the narrative. Had Balaam actually cursed Israel, would that have harmed Israel? Several talmudic passages and later commentators take the premise of the narrative as factual, that is, Balaam indeed would have harmed Israel were it not for God’s intervention. However, other commentators maintain that Balaam was a charlatan. Moabites and Israelites alike believed in his powers, but they were objectively mistaken. Balaam could not arouse metaphysical powers to harm Israel against God’s will to bless Israel.[4]

 

Rachel’s Death in Childbirth

Rachel’s tragic death as she gave birth to Benjamin is heart-wrenching (Genesis 35:16–20). The Torah does not explain why she died. Following one Midrash (Genesis Rabbah 74:4, 9), Rashi (on Genesis 31:32) ascribes Rachel’s death to a curse uttered by Jacob when he proclaimed his innocence in stealing Laban’s terafim (household idols) several chapters earlier. Jacob did not know that Rachel had stolen the terafim and hidden them in her saddle bag (Genesis 31:19, 34–35):

 

“But anyone with whom you find your gods shall not remain alive! In the presence of our kinsmen, point out what I have of yours and take it.” Jacob, of course, did not know that Rachel had stolen them. (Genesis 31:32)

 

In this reading, Rachel tragically dies as a result of Jacob’s unwitting curse.

            However, most commentators do not link Jacob’s declaration of innocence to Rachel’s death. First, some do not think Jacob’s statement is a curse at all, but rather an exaggerated statement that Jacob would kill anyone who stole the idols (Ibn Ezra), or that Laban would have his permission to kill the thief (Radak).

            There also is no reason to think that human curses work automatically. When Joseph’s brothers emphatically denied stealing Joseph’s silver goblet, they stated:

 

Whichever of your servants it is found with shall die; the rest of us, moreover, shall become slaves to my lord. (Genesis 44:9)

 

Benjamin did not die prematurely as a result of this declaration.

            Rejecting Rashi’s approach, Ibn Ezra (on Genesis 31:32) observes that childbirth is dangerous. The only other recorded biblical childbirth death is that of the High Priest Eli’s son Pinehas’ wife (I Samuel 4:19–22). Nobody cursed her, and yet she died. There is no reason to believe from within the text that Jacob’s unwitting curse (if it was a curse at all) should be considered a reason for Rachel’s death.[5]

 

 

Do Head Counts Bring Plagues?

            During the commandment to build the Tabernacle, God commands that every Israelite man contribute one half-shekel toward a census:

 

When you take a census of the Israelite people according to their enrollment, each shall pay the Lord a ransom for himself on being enrolled, that no plague may come upon them through their being enrolled…the rich shall not pay more and the poor shall not pay less than half a shekel when giving the Lord’s offering as expiation for your persons. You shall take the expiation money from the Israelites and assign it to the service of the Tent of Meeting; it shall serve the Israelites as a reminder before the Lord, as expiation for your persons. (Exodus 30:12–16)

 

Regardless of one’s means, every man is required to give exactly the prescribed amount “to atone for your lives.” The silver from the original census was used to make sockets for the Tabernacle and hooks to connect the boards (Exodus 38:25–28). Every Israelite, rich or poor, thereby contributes equally to this aspect of the Tabernacle.

            Why, however, are people threatened with a plague if they do not give a half-shekel?

            Rashi submits that counting Israelites by head triggers the “evil eye” and brings a plague. Therefore, they must conduct every census using objects such as half-shekels and then count the objects. Rashi adopts the reading of the talmudic Sage Rabbi Eleazar: “Whosoever counts Israel violates a negative precept” (Yoma 22b).[6]

            To support his reading, Rashi invokes the narrative of King David’s census of Israel in II Samuel 24. Despite Joab’s protests, David insisted on counting. The census incurred God’s wrath, eliciting a devastating plague that claimed the lives of 70,000 Israelites:

 

The king said to Joab, his army commander, “Make the rounds of all the tribes of Israel, from Dan to Beer-sheba, and take a census of the people, so that I may know the size of the population.” Joab answered the king, “May the Lord your God increase the number of the people a hundredfold, while your own eyes see it! But why should my lord king want this?” However, the king’s command to Joab and to the officers of the army remained firm; and Joab and the officers of the army set out, at the instance of the king, to take a census of the people of Israel… The Lord sent a pestilence upon Israel from morning until the set time; and 70,000 of the people died, from Dan to Beer-sheba. (II Samuel 24:2–15)

 

Rashi asserts that David sinned by not counting with half-shekels or other objects, but instead counted heads.

            Ramban (on Numbers 1:2) rejects Rashi’s interpretation. Joab opposed the very census, and not its method (of not using half-shekels). There are other legitimate military censuses in Tanakh (see, for example, Numbers 31:4–5; Joshua 8:10; I Samuel 11:8, 13:15, 15:4; II Samuel 18:1). To explain the plague in David’s time, Ramban observes that David’s is the only military census in Tanakh taken during peace time, rather than at war time. It was unnecessary and displayed arrogance and a lack of trust in God. God plagued Israel as a consequence of a sin in faith, rather than because of the method of the census (see also Ralbag and Rabbi Isaiah of Trani on II Samuel 24).[7]

            It appears that Ramban’s objection to Rashi is compelling, and there is no connection between the commandment to take half-shekels in Exodus 30 and David’s sin in II Samuel chapter 24. How, then, should we understand the threat of plague in Exodus 30:12?

Rabbi Saadyah Gaon (quoted in Ibn Ezra) submits that the annual half-shekel commanded in Exodus 30 is for support of the Tabernacle and the daily sacrifices. A plague results from laxity in contributing to the building fund and to the nation’s sacrifices, and not from conducting a head count. In this approach, there is nothing wrong with counting people by head. There is a problem with people refusing to contribute a minimal amount to participate in the Tabernacle and its service of the nation.

Alternatively, Rabbi Samuel D. Luzzatto (Shadal) maintains that Rashi has the best reading of Exodus 30:12, that there is a threat of a plague for conducting any census without half-shekels. However, the Torah reflects a popular superstitious belief that counting people can lead to a plague, rather than an objective reality.[8] This approach traces back at least as far as Rabbi David Kimhi (1160–1235) and Rabbi Joseph ibn Caspi (1279–1340), who explain several passages in the Torah as reflective of popular superstitions that are not objectively true.[9]

In either reading, the Torah does not teach that head counts elicit divine plagues. Religious sins such as arrogance, lack of faith, and non-participation in the national religious service incur God’s wrath.

 

Is There Black Magic?

 

            The Torah prohibits witchcraft as a capital offense (Exodus 22:17; Leviticus 20:27; Deuteronomy 18:9–13). Our commentators debate whether witchcraft exists, or whether witchcraft does not exist but the Torah prohibits its practice since many pagans believed in its efficacy and used magic in their idolatrous systems. Two biblical narratives bring this question to the fore: The Egyptian magicians in the Torah, and the Witch of Endor in I Samuel chapter 28.

 

The Egyptian Magicians

            Pharaoh’s magicians turn their staffs into serpents (Exodus 7:8–13), produce blood (Exodus 7:22), and produce frogs (Exodus 8:3). They are defeated during the plague of lice, which they could not replicate (Exodus 8:14–15), and the plague of boils which kept them from being able to appear before Pharaoh (Exodus 9:11).

            Some Sages in Sanhedrin 67b, followed by Ramban, maintain that black magic exists and that the magicians successfully used it. Other Sages in Sanhedrin 67b, followed by Abarbanel, assert that there is no magic and the magicians used illusion (ahizat enayim). Similarly, some Midrashim (Exodus Rabbah 9:10; 10:6) maintain that the magicians used black magic to produce blood and frogs, while others (Mishnat Rabbi Eliezer 19, Midrash HaGadol, quoted in Torah Shelemah Exodus 8:7) assert that the magicians cleverly found areas not yet afflicted, invoked their “magic”, and then the blood and frogs spread entirely from the divine plague.[10] In this instance, the Torah may be read either way.

 

The Witch of Endor

            Nearing the end of his tragic demise, King Saul turned to a necromanceress out of desperation to ascertain God’s will:

 

Saul disguised himself; he put on different clothes and set out with two men. They came to the woman by night, and he said, “Please divine for me by a ghost”…At that, the woman asked, “Whom shall I bring up for you?” He answered, “Bring up Samuel for me.” Then the woman recognized Samuel, and she shrieked loudly…“What does he look like?” he asked her. “It is an old man coming up,” she said, “and he is wrapped in a robe.” Then Saul knew that it was Samuel; and he bowed low in homage with his face to the ground. Samuel said to Saul, “Why have you disturbed me and brought me up?” And Saul answered, “I am in great trouble. The Philistines are attacking me and God has turned away from me; He no longer answers me, either by prophets or in dreams. So I have called you to tell me what I am to do.” Samuel said, “Why do you ask me, seeing that the Lord has turned away from you and has become your adversary? The Lord has done for Himself as He foretold through me: The Lord has torn the kingship out of your hands and has given it to your fellow, to David, because you did not obey the Lord and did not execute His wrath upon the Amalekites. That is why the Lord has done this to you today. Further, the Lord will deliver the Israelites who are with you into the hands of the Philistines. Tomorrow your sons and you will be with me; and the Lord will also deliver the Israelite forces into the hands of the Philistines.” (I Samuel 28:8–19)

 

            It appears that the witch successfully conjures up the deceased prophet Samuel’s spirit, and the characters saw and heard his spirit. This is the only biblical narrative that reflects a connection between the worlds of the living and the dead.

            Radak surveys several rationalist positions which reinterpret the story in light of their belief that witchcraft does not exist. Rabbi Saadyah and Rabbi Hai Gaon maintain that on this singular occasion, God miraculously brought Samuel’s spirit down. Alternatively, Rabbi Samuel ben Hofni Gaon maintains that the entire episode was fraudulent and Samuel’s spirit never appeared. The witch recognized Saul immediately but hid that fact so that she could fool him into thinking that she learned it through her magic. She made an educated guess that Saul would die, since the Philistines were powerful.[11] Ibn Ezra (on Exodus 20:3; Leviticus 19:31) also denies the existence of black magic and maintains that the narrative reflects the mistaken perception of the characters rather than objective reality. Rambam (Hilkhot Avodah Zarah 11:16) states more generally that all forms of witchcraft are both forbidden by the Torah and absolute nonsense derived from the pagan world. Only a fool would believe something so patently irrational (see also his discussion in Guide 2:46). This debate relates to the much broader discussion of how literally traditional interpreters understand biblical texts when confronting conflicts with reason.[12]

            Radak (on I Samuel 28:24) rejects the aforementioned readings. The narrative suggests that the witch really conjured up Samuel’s spirit, and there is no mention of divine intervention. Ramban (on Exodus 7:11; Leviticus 18:21; Deuteronomy 18:9) also adopts the literal reading of the narrative and agrees that the witch successfully conjured up Samuel’s spirit using black magic. These commentators maintain that black magic is prohibited by the Torah, and most of its alleged practitioners are frauds. However, in principle black magic does exist and the Witch of Endor was a true practitioner.

Moshe Garsiel[13] adopts a position similar to Rabbi Saadyah Gaon cited above. The narrative clearly depicts the event as genuine, that is, Samuel’s spirit really appeared and communicated a prophetic message to Saul. According to Garsiel (like Rabbi Saadyah Gaon), Tanakh generally portrays witchcraft as fraudulent. In this unique occurrence, however, God miraculously sent Samuel’s spirit to communicate with Saul. The witch was shocked herself, and therefore screamed. She also immediately understood that only Saul would merit such a miracle, which is how she knew he was the king: “Then the woman recognized Samuel, and she shrieked loudly, and said to Saul, ‘Why have you deceived me? You are Saul!’” (I Samuel 28:12). This revelation was part of God’s punishment of Saul, and God specifically refused to answer Saul through legitimate means.[14]

To summarize, the plain sense of the text suggests that Samuel’s spirit genuinely appeared to Saul. However, there is no reason to conclude that black magic exists. Rather, this may have been a one-time miraculous occurrence, shocking even the witch herself who was used to deceiving her customers.

 

Can One Divine the Future with Signs?

 

 

The Torah prohibits divination of the future with signs (Leviticus 19:26). Nevertheless, two biblical narratives present ostensibly righteous figures divining the future with signs and they are successful, suggesting God’s providential approval.

Seeking a wife for Isaac, Abraham’s servant (midrashically identified as Eliezer, Abraham’s servant in Genesis 15:2) prays to God and creates a sign to ascertain God’s approval:

 

And he said, “O Lord, God of my master Abraham, grant me good fortune this day, and deal graciously with my master Abraham: Here I stand by the spring as the daughters of the townsmen come out to draw water; let the maiden to whom I say, ‘Please, lower your jar that I may drink,’ and who replies, ‘Drink, and I will also water your camels’—let her be the one whom You have decreed for Your servant Isaac. Thereby shall I know that You have dealt graciously with my master.” (Genesis 24:12–14)

 

After the servant prayed, Rebekah appeared, drew water for the people and the camels, and clearly was the perfect fit for Isaac. It appears that the servant’s divination of the future through this sign receives divine approval in the narrative.

            Similarly, King Saul’s son Jonathan boldly decides to attack a vast enemy Philistine camp accompanied only by his arms-bearer. He creates a sign that he interprets as signaling divine approval:

 

Jonathan said, “We’ll cross over to those men and let them see us. If they say to us, ‘Wait until we get to you,’ then we’ll stay where we are, and not go up to them. But if they say, ‘Come up to us,’ then we will go up, for the Lord is delivering them into our hands. That shall be our sign.” (I Samuel 14:8–10)

 

Jonathan goes on to win a spectacular victory and is the hero of the narrative.

            Despite their resounding successes, did Abraham’s servant and Jonathan violate the Torah’s prohibition against divination? Commentators debate the meaning of a talmudic passage:

 

Rab himself has said: An omen that is not after the form pronounced by Eliezer, Abraham’s servant, or by Jonathan the son of Saul, is not considered a divination. (Hullin 95b)

 

Rambam (Hilkhot Avodah Zarah 11:4) interprets this passage to mean that the divination of Abraham’s servant and Jonathan is forbidden divination.

            Rabad of Posquieres sharply rejects Rambam’s reading and insists that Abraham’s servant and Jonathan were righteous and acted appropriately, as is evident from the narratives. He concludes by saying that if Abraham’s servant and Jonathan were alive, they would whip Rambam with fiery lashes. Radak and Ralbag agree with Rabad and maintain that the signs of Abraham’s servant and Jonathan were permissible. Rabbi Elhanan Samet explains that Rabad, Radak, and Ralbag interpret the Talmud to mean that unlike the other signs discussed in that passage, which are considered unreliable forms of divination, the signs of Abraham’s servant and Jonathan were reliable. The Talmud is giving advice on appropriate divination.[15]

            Alternatively, Ran (Rabbenu Nissim on Hullin 95b) and Rabbi Joseph Karo (Kesef Mishneh on Rambam, Hilkhot Avodah Zarah 11:4) agree that the signs of Abraham’s servant and Jonathan were appropriate because they are rational. Abraham’s servant sought a hospitable wife for Isaac, and Jonathan interpreted the Philistines’ summoning him as giving him a military advantage. The Torah prohibits making decisions based on signs that have no rational basis, such as seeing a black cat.

            According to Rambam, the Torah outlaws all divination signs, rational or not. For the others, Abraham’s servant and Jonathan sought signs of divine providence using rational means and prayer. The plain sense of the narratives supports the majority opinion against Rambam, that Abraham’s servant and Jonathan acted appropriately and were blessed with divine assistance.[16]

 

Conclusion

 

            The plain sense of the biblical texts we have considered does not support the notion that human blessings or curses work automatically without divine support. There also is no evidence that a head count automatically elicits a plague. The plain sense of the narrative in I Samuel 28 (and possibly also the Egyptian magicians) might suggest the existence of black magic, but a number of commentators exclude that possibility and provide a fair alternative reading of the text. Regardless, the Torah outlaws sorcery as a capital offense. It appears from the plain sense of the text that the signs of Abraham’s servant and Jonathan are acceptable in the context of faith in God and rationality. Rambam rules otherwise, and prohibits all forms of divination.

            While some Midrashim and later commentators ascribe some of these events to automatically triggered forces, it appears that Tanakh indeed attempts to eradicate superstitions at their roots. God rules the entire universe, and people’s righteous or wicked behavior, not magic, determines God’s providential relationship with humanity.

            A final note to educators: While Rashi often is the exclusive commentator taught to children throughout much of Elementary School, educators of young children should give serious pause before teaching Rashi’s comments about the issues discussed in this essay. Since it is difficult to present complex and conflicting views on these subjects to young children, Elementary School students will necessarily adopt the view that Rachel died because of Jacob’s unwitting curse and that head counts invoke the “evil eye.” It is preferable to defer these discussions at least until High School, when children are old enough to learn the different sides of these debates.

 

Notes

 

 

[1] For further discussion, see, for example, Nahum M. Sarna, “Paganism and Biblical Judaism,” in Studies in Biblical Interpretation (Philadelphia: Jewish Publication Society, 2000), pp. 13–28; Christine Hayes, Introduction to the Bible (New Haven: Yale University Press, 2012), pp. 15–28.

[2] A different, and much broader, discussion pertains to rabbinic statements in the Talmud and mystical literature and later rabbinic interpretations, particularly that of Rambam. See, for example, Menachem Kellner, Maimonides’ Confrontation with Mysticism (Oxford: The Littman Library of Jewish Civilization, 2006); Marc B. Shapiro, Studies in Maimonides and His Interpreters (Scranton: University of Scranton Press, 2008), pp. 95–150; H. Norman Strickman, Without Red Strings or Holy Water: Maimonides’ Mishneh Torah (Boston: Academic Studies Press, 2011).

[3] Nehama Leibowitz, Studies in Bereshit (Genesis), trans. Aryeh Newman (Jerusalem: Eliner Library), pp. 277–278.

[4] For a survey of traditional opinions, see Yehuda Nachshoni, Studies in the Weekly Parashah: Bamidbar, trans. Raphael Blumberg and Yaakov Petroff (Jerusalem: Mesorah Publications, 1989), pp. 1091–1098.

[5] See further sources and discussion in Elhanan Samet, Iyyunim BeParashot HaShavua (second series) vol. 1 (Hebrew) ed. Ayal Fishler (Ma’aleh Adumim: Ma’aliyot Press, 2004), pp. 156–160.

[6] Rashi also follows Rabbi Elazar (Yoma 22b) on I Samuel 15:4, when King Saul counted his troops prior to his battle against Amalek: “Saul mustered the troops and enrolled them at Telaim (va-yifkedem ba-tela’im): 200,000 men on foot, and 10,000 men of Judah.” Rashi interprets “va-yifkedem ba-tela’im” to mean that he counted them using sheep, rather than counting them by head. Radak disagrees and interprets “Tela’im” as the name of a place (the NJPS translation cited in this note adopts this reading). In Radak’s reading, Saul did not specifically use objects, but simply counted his troops.

[7] In I Chronicles, there is a brief note of a related problem, that of counting all of Israel. God promised that Israel would be as numerous as the stars, and therefore a census is limiting: “David did not take a census of those under twenty years of age, for the Lord had promised to make Israel as numerous as the stars of heaven. Joab son of Zeruiah did begin to count them, but he did not finish; wrath struck Israel on account of this, and the census was not entered into the account of the chronicles of King David” (I Chronicles 27:23–24). From this vantage point, counting all of Israel in any form, half-shekels or not, remains the problem. However, military censuses are appropriate under normal circumstances.

[8] See further discussion in Moshe Shamah, Recalling the Covenant: A Contemporary Commentary on the Five Books of the Torah (Jersey City, NJ: Ktav, 2011), pp. 445–460.

[9] See Jerome Yehuda Gellman, This Was from God: A Contemporary Theology of Torah and History (Boston: Academic Studies Press, 2016), pp. 122–123.

[10] Nahum M. Sarna observes that there is an Egyptian species of cobra rendered rigid by applying pressure to a nerve at the nape of its neck. When thrown to the ground, the jolt causes it to recover and it wriggles away (Exploring Exodus: The Origins of Biblical Israel [New York: Schocken, 1986–1996], pp. 67–68).

[11] In this reading, how could the witch have known that Saul was rejected by God? Samuel’s prophecy was not public knowledge.

[12] See Hayyim Angel, Controversies over the Historicity of Biblical Passages in Traditional Commentary,” in Angel, Increasing Peace Through Balanced Torah Study. Conversations 27 (New York: Institute for Jewish Ideas and Ideals, 2017), pp. 10–21; reprinted in Angel, The Keys to the Palace: Essays Exploring the Religious Value of Reading the Bible (New York: Kodesh Press, 2017), pp. 115–131.

[13] Moshe Garsiel, Reshit HaMelukhah BeYisrael, vol. 2 (Hebrew), (Raananah: Open University Press, 2008), pp. 302–303.

[14] For a fuller discussion of rabbinic and Karaite views of the tenth-twelfth centuries and their influences, see Haggai ben Shammai, “From Rabbinic Homilies to Geonic Doctrinal Exegesis: The Story of the Witch of En Dor as a Test Case,” in Exegetical Crossroads: Understanding Scripture in Judaism, Christianity and Islam in the Pre-Modern Orient, ed. Georges Tamer et al. (Berlin: De Gruyter, 2018), pp. 163–197.

[15] See further discussion in Elhanan Samet, Iyyunim BeParashot HaShavua (second series) vol. 2 (Hebrew) ed. Ayal Fishler (Ma’aleh Adumim: Ma’aliyot Press, 2004), pp. 389–407. An English version can be found at http://etzion.org.il/en/prohibition-divination-rambam-vs-sages-provence, accessed June 26, 2018.

[16] Jacob Milgrom adopts a similar perspective. Sorcery is when one tries to alter the future with magic. This practice is absolutely incompatible with monotheism and is a capital crime in the Torah since a magician tries to overrule God’s will. In contrast, divination is when one tries to predict future using signs. This practice could be compatible with monotheism if one claims to predict God’s future. Milgrom appeals to Abraham’s servant and Jonathan as examples that can be tolerated (Anchor Bible: Leviticus 17–22 [New York: Doubleday, 2000], pp. 1687–1688). Milgrom disagrees with Yehezkel Kaufmann, who maintained (like Rambam) that divination is incompatible with biblical monotheism.

From "secular" to "getting religious": an important story for modern Jews

 

 

If, ten years ago, someone had told me that I would be a member of the board of a religious, rabbinic organization, that I would attend synagogue services every Shabbat, that I would put on tefillin, and that I would even write an article for a religious publication – I would have laughed and explained how severely mistaken that person was: I, the proud member of Hashomer Hatzair, who is secular in every fiber of his body?! Nevertheless, something no less than a revolution took place in my life, and a substantive change in my worldview. Like many revolutions, the change began with something small. 

But, if I may, I would like to begin at the beginning. I was raised near Haifa, and I was taught the values of secular socialism, the love of Israel, tolerance, social responsibility – and many other values that can also be found in the Torah – as a member of the Kiryat Haim section of Hashomer Hatzair. In my childhood, there was no connection between the religious and secular residents, and no attempt was made to establish such a connection. The two communities lived side-by-side like oil and water, never mixing. In the army, I served in a mostly secular unit, whose members came from backgrounds similar to my own. When a religious soldier would arrive, our mission was to see how long it would take for us to get him to watch television on Shabbat, and to remove his kippah. We had quite a few “successes”. 

After the army, I met my wife, Irit, who had been raised in a traditional Jewish home, and we had four children. Until about a decade ago, a connection ith God was foreign to me, and was always associated with the corrupt religious establishment, on the one hand, and extremist settlers, on the other. I wrongly assumed that there was a part of the Jewish people that had an exclusive license from God. In the meantime, my hard work bore fruit, and I managed to purchase the Israeli Building Center.

 The biggest change in my relationship with religion and Judaism began in that framework, as I came to know several religious people involved in the construction industry. Work-related discussions began to digress to discussions about life, family, children, lifestyle, and we even got together with our wives. Slowly, for the first time in my life, I began to have real friendships with religious people. One day, our friends, Meir and Revital Noga, invited us to their home for Shabbat dinner. Meir gently suggested that I come early and accompany him to the synagogue. What I did not know at the time was that Meir had consulted with his rabbi, and had received what was then a rather innovative rabbinic decision, allowing him to invite me and my family for Shabbat, even though it meant that we might desecrate Shabbat. We went to synagogue together – for me, it was the first time in 30 years – and we sat down together for Shabbat dinner with their beautiful family. 

Back then, we also became very close friends with a family from Givat Shmuel, Michal and Meir Mizrachi, whose children became close friends of our children, and Iris and Dvir Granot from Tzur Yigal. Through those acquaintances with those special people, I learned how beautiful and special Judaism is, and that, wow, some of it suits me. Who would have imagined that one day the rabbi who allowed us to come for Shabbat, and who opened that door, Rabbi Ronen Neuwirth, would become a friend whom I would join in working together to establish the Beit Hillel organization?! 

More than ten years ago, I began putting on tefillin daily, making kiddush and saying birkat hamazon after meals. Two years later, I began attending synagogue services on Friday evenings (in the community center of my moshav, Ramot Hashavim), and a year later, I began attending Saturday morning services, as well, becoming a regular member of the minyan. Due to the small number of worshippers in the synagogue in Ramot Hashavim, Benzi (perhaps the only Orthodox person in the community), began to encourage us to lead services. Slowly, we began to add other “secular” Jews. 

But the turning point came during the Second Lebanon War (2006), when one of the women began attending Friday night services on a regular basis, and other women followed. The women began bringing their children, and their husbands soon followed. Today, twenty-five families are members of the Ramot Hashavim congregation. If you had asked people in Ramot Hashavim five years ago if such a thing were possible, they would have said that you were hallucinating. Every Monday, we study the weekly Torah portion at one of the homes in the community. Because we did not have a kosher Torah scroll, I assumed the responsibility of having one written (when I was told that I was crazy, and that it was very expensive, I replied that, in any case, everything I earn is granted to me from Above, so it really isn’t mine anyway), and two years ago, I brought it to the synagogue in a procession in which hundreds of residents participated, with musical accompaniment that rocked the whole neighborhood. 

This year, we held hakafot shniyot for the first time. We are on the way. We are not (yet) Shabbat observant, and perhaps some of us never will be. But we are now firmly rooted in the world of Torah and tradition, like thousands of other Israelis throughout the country – people with “invisible kippot”. None of this would have occurred had it not been for the Noga family from Kfar Ganim, the Mizrachi family from Givat Shmuel, and the Granot family from Tzur Yigal, who opened their hearts and their homes, and were it not for the invitation to be their Shabbat guests, and having us as guests in their home. They lit the Jewish spark that exists in every Jew. They showed me the beautiful side of Judaism and Jewish tradition. Thanks to their outstretched hands, my children are growing up together with theirs, and when my son joins the army, he will not be motivated to encourage his observant friends to watch television on Shabbat, but the opposite.

 So, what do I ask of the religious community? I ask them to learn from the Noga, Granot and Mizrahi families. Open your hearts and homes to your friends, coworkers and neighbors. Friends, the time is ripe in Heaven and in Israel. You must take advantage of this opportunity to be part of the unification of the Jewish People. That, I believe, is the current mission of Religious Zionism. May we fulfill the statement of the rabbis in the Midrash (Song of Songs, 5:2) - “Open up for me an opening like the eye of a needle and in turn I will enlarge it to be an opening through which wagons can enter.”

The Golden Age in Spain: How golden was it?

Review Article by Rabbi Marc D. Angel

In 2006, Oxford University Press published a book by Chris Lowney, “A Vanished World: Muslims, Christians, and Jews in Medieval Spain.” The author asked me to write a blurb, and it was included on the back cover of the book. Here is what I wrote:

“Chris Lowney has written a meaningful book about interfaith cooperation and interfaith antagonism in medieval Spain. While it points to the many failures of those days, it also suggests important triumphs of the human spirit. Can we learn from this story and shape a better, more harmonious world? Can we afford not to learn from this story?”

An underlying theme of Lowney’s book, like so many publications dealing with Islamic Spain, is that Jews and Christians fared reasonably well under enlightened Islamic rule. While life was not always perfect, it was much better for religious minorities in Islamic Spain than in Christian Europe.

Historians refer to a “Golden Age” for Jews of Spain. The Wiki Encyclopedia entry for the Golden Age states: “The nature and length of this ‘Golden Age’ has been a subject of much debate, as there were at least three Golden Ages interrupted by periods of oppression of Jews and non-Jews. A few scholars give the start of the Golden Age as 711–718, the Muslim conquest of Iberia. Others date it from 912, under the rule of Abd-ar-Rahman III. The end of the age is variously given as 1031, when the Caliphate of Cordoba ended, 1066, the date of the Granada massacre, 1090, when the Almoravides invaded, or the mid-12th century, when the Almohades invaded.”

Many authors laud “convivencia”—the generally peaceful co-existence in Medieval Spain that allowed Muslims, Christians and Jews to live in harmony. It is clear that Jewish culture blossomed in Islamic Spain, with the emergence of great poets, grammarians, Bible scholars, talmudists, philosophers, scientists, mathematicians and more.

The blurb I wrote for Chris Lowney’s book reflects my doubts about the extent of Islamic tolerance of Jews and Christians. I wanted to be sure to mention that interfaith antagonism existed and that there were lapses in tolerance. But I also indicated that there were important triumphs of the human spirit, and that we today can learn much of value for maintaining a convivencia in our own times, a respectful and mutually beneficial harmony among people of various religions.

I was right about the failures that occurred under Islamic Spain. But was I right in pointing to that era as a positive model for religious co-existence? Was I too optimistic? Was I engaging in wishful thinking? Was I influenced by the overwhelming praise, by many authors and teachers, of the tolerance of Islamic Spain, and by the ubiquitous lauding of convivencia?

These questions have come to mind as I’ve been reading a newly published book, “The Myth of the Andalusian Paradise: Muslims, Christians, and Jews under Islamic Rule in Medieval Spain,” by Dario Fernandez-Morera, (ISI Books, Wilmington, 2016). The author is Associate Professor in the Department of Spanish and Portuguese at Northwestern University.

While various scholars have pointed to problems and low points during Islamic rule in Spain, Dr. Fernandez-Morera goes much further. His bold argument is that the notion of Islamic tolerance of Jews and Christians is a myth—it is simply not true. The idea of convivencia—the mutual cooperation and harmony among Muslims, Christians and Jews in Medieval Spain—belongs more to the realm of propaganda than to history.

The author quotes numerous scholars who shower praise on Islamic tolerance, on the remarkable “Golden Age” in interreligious cooperation. But he argues that these authors were engaging in “political correctness,” the fashionable presentation of a tolerant and benevolent Islam. He draws on writings of people who lived in Islamic Spain, people who described what life was actually like in their times. He draws on extensive scholarly sources, on archaeological discoveries, as well as on the abundant secondary literature of more recent scholars.

Dr. Fernandez-Morera notes that the famed Umayyad dynasty were followers of the Maliki school of Islam which had little love for non-Muslims. The early Muslim conquerors of Spain and their successors systematically razed churches or turned them into Mosques. They imposed Islamic law on Christians and Jews—known as People of the Book—which made it very clear that the minorities were to be subservient to Muslims. Although granted relative freedom to conduct their communities according to their own religious traditions, Christians and Jews were “dhimmis”—an underclass of “protected people” who had to pay a special tax for the privilege of living under Islamic hegemony.

Dr. Fernandez-Morera writes: “In short, Islamic Spain enjoyed no harmonious convivencia; rather, Muslims, Christians, and Jews had a precarious coexistence. Members of the three communities had to come into contact now and then. Sometimes they did business, or collaborated with one another, or dwelled near one another.” (p. 117) Of course, as in all societies, kinder people interacted more kindly with those of the other groups. And of course, there are examples of periods of relative quiet. And there were individual Jews and Christians who rose to positions of power and influence. Nonetheless, the massive reality was that “dhimmis” were subject to ongoing humiliation, segregation, and violence.

The “dhimmi” regulations imposed a special tax on Christians and Jews. Various rules were intended to humiliate “dhimmis” and remind them of their subservient positions. Writing about restrictions placed on Jews in Islamic Spain, Dr. Fernandez-Morera notes that Jews “must not ride horses. They must show deference to Muslims. They must not give court evidence against a Muslim…They must not proselytize….They must not dress in such an ostentatious manner as to offend poorer Muslims….” (p. 180)

While Jewish communities continued to exist in Islamic Spain, Christian communities declined and ultimately disappeared. “By the end of the twelfth century, as a result of flight (or ‘migration’) to Christian lands, expulsions to North Africa, executions and conversions, the Christian "dhimmi" population had largely disappeared from al-Andalus. When Christians entered Granada in 1492, there were no Christian "dhimmis" in the city.” (p. 208).

Professor Fernandez-Morera’s book has a clear point of view. He is especially interested in highlighting the strengths and virtues of Visigothic Spain before the arrival of the Muslims in 711. He praises the Christian re-conquest of Spain. Had it not been for the “Reconquista,” Islamic rule might not only have prevailed over all of Spain, but might have spread further into Europe. This would have led to the fostering of religious discrimination, the low status of women, the inhibiting of intellectual freedom; it would have precluded the emergence of the Renaissance, and would have left the Western world in the same general condition as the rest of the Muslim world.

While some of the arguments of Dr. Fernandez-Morera seem over-stretched and even polemical, the overall impact of his research and his book must make one stop to think more carefully about the “Andalusian Paradise” and convivencia. Are scholars and politicians perpetuating this myth because it serves a useful purpose, because they—and we—want to believe it? How nice it would be to know that there was a time and place when Muslims, Christians and Jews worked side by side in mutual respect and kindness. How nice to think that it is possible for Islamic rule to be tolerant and benevolent.

President Barack Obama, in a speech at Cairo University, June 4, 2009, stated: “Islam has a proud tradition of tolerance. We see it in the history of Andalusia and Cordoba during the Inquisition [sic].” Prime Minister Tony Blair wrote (“Foreign Affairs, January/February 2007): “The standard-bearers of tolerance in the early Middle Ages were far more likely to be found in Muslim lands than in Christian ones.”

These politicians, relying on wishful and mythological thinking, seek to appease the Muslim countries and to glorify Muslim achievements. Perhaps they think they will thereby convince current day Muslim leaders to embrace the myth of Islamic tolerance, thereby creating bridges between the Muslim world and the West.

Dr. Fernandez-Morera has pointed to the unpleasant and politically incorrect reality that Muslim rule was “tolerant” to Christians and Jews, but only if the "dhimmis" were in a clearly defined inferior position, subservient to Muslims. This is hardly a framework for mutual respect and equal rights.

When I wrote my blurb for Chris Lowney’s book, I wondered: “Can we learn from this story and shape a better, more harmonious world? Can we afford not to learn from this story?” When I wrote those words, I obviously harbored the belief—the hope—that there was a period of convivencia that can be a model for us today. I thought that it would be foolish for us to ignore the positive aspects of life in Medieval Spain.

After reading Dario Fernandez-Morera’s book, I could write these same words, but with a very different meaning. Rephrased, my blurb for today would read: Can we learn from the story of religious persecution and humiliation that characterized Islamic Spain? Can we learn to shape a better, more harmonious world by insisting on genuine respect, equality, decency, and theological humility among all religions? Can we afford not to learn these lessons?

Lessons from Sephardic Traditions

 

JIMENA (Jews Indigenous to the Middle East and North Africa) was founded in 2001 by
Jewish refugees from the Middle East and North Africa, amidst the aftermath of the September
11 th attacks and the ongoing second Intifada in Israel. Driven by a commitment to preserving
their families’ personal stories, the founders sought to raise awareness about the religious and
political persecution that led to their displacement, material losses, and fractured identities.
JIMENA has spearheaded numerous campaigns to ensure that the history of Jewish
refugees from Arab countries is thoroughly documented and incorporated into discussions about
Middle Eastern refugees. Members of JIMENA’s Speakers Bureau have shared their experiences
with the UN Human Rights Council, the U.S. Congressional Human Rights Caucus, the Israeli
Knesset, the British House of Lords, over 100 universities across North America, and hundreds
of organizations. As a principal North America advocate for Jewish refugees from Arab
countries and Iran, JIMENA is recognized by the Israeli government as a central leader in
advancing international initiatives on this important issue. 


Recently, JIMENA has increased its efforts to promote Mizrahi and Sephardic education
by developing various projects that enhance educational experiences for both Jewish and non-
Jewish settings. Last year, JIMENA assisted the White House’s U.S. National Strategy to
Counter Antisemitism, impacting its strategic goal to ensure that “students should learn about
global histories of antisemitism. This should include histories of antisemitism experienced by
Sephardic and Mizrahi Jews—who trace their ancestry to Spain, the Middle East, and North
Africa—and their stories of exclusion, persecution, and expulsion.” In response, our team created
a series of lesson plans for public schools that align with state standards and provide resources
for public school educators, as well as Jewish community and religious schools. JIMENA also
leads adult education series and formed AIMEE: Advocates for Inclusive Middle Eastern
Education to promote a deeper understanding of Middle Eastern Jewish heritage and combating
antisemitism in public education and beyond.


To draw on the diverse expertise of our communities, JIMENA established the Sephardic
Leadership Institute, comprising over 60 members from various fields, including rabbinical
leadership, grassroots organizations, education, women’s leadership, and arts and culture, which
significantly shaped our educational endeavors. JIMENA has hosted five fellowships featuring
training sessions led by prominent Sephardic and Mizrahi rabbis, scholars, educators, and
authors. These six-month programs, held bi-monthly, delve into topics such as Sephardic
pedagogy, rabbinic thought, antisemitism, Israel, and Jewish literature. JIMENA has offered both
in-person programs for Jewish professionals in San Francisco and Los Angeles, and remote
programs for the National Fellowship, the Campus Professional Fellowship, and the current
Senior Jewish Educators Cohort.


This year, JIMENA launched the Sephardi and Mizrahi Education Toolkit—a
comprehensive resource for K–12 educators. The Toolkit offers a wide range of resources,
including school assessments, leadership recommendations, and classroom materials that

integrate the experiences of Jews from Muslim-majority countries into subjects such as Tanakh,
halakha, science, Israel, the Holocaust, Jewish literature, and more, providing a fuller picture of
the entire Jewish experience. By reaching schools, libraries, summer camps, and community
organizations, JIMENA aims to make Sephardi and Mizrahi studies a foundational element of
Jewish education, reshaping how Jewish heritage is taught and celebrated.
Since its launch, the Toolkit has reached over 4,500 individuals worldwide, with teachers,
authors, and Jewish professionals participating in JIMENA-led trainings hosted by Jewish and
non-Jewish organizations like PJ Library, Bar-Ilan University’s Lookstein Center, Hebrew Union
College, and Fairfax County Public School in District in Washington, D.C. JIMENA is currently
providing direct support to administrators and educators at over 40 schools and Jewish
organizations to integrate these resources into their curricula. The Toolkit’s impact has been
widely recognized, with coverage in publications like eJewish Philanthropy, The Times of Israel,
Tablet Magazine, The Jerusalem Post, and the Jewish Women’s Archive.


JIMENA recently concluded a pioneering needs assessment of Jewish Day Schools in
New York, identifying essential requirements, challenges, and opportunities for enhancing the
inclusion of Sephardic content and students. Simultaneously, we are conducting a parallel study
in Los Angeles. The final report from the New York study outlines a comprehensive set of
recommendations that is guiding the development of innovative new JIMENA projects tailored
to address these findings. Additionally, JIMENA completed outreach to 50 state departments of
education, sharing our state-approved resources for teaching Middle Eastern Jewish history and
antisemitism. Our efforts have received significant interest from many of their offices to bring
these resources into public school curricula, which is a crucial step in broadening the narrative of
Jewish history and combating antisemitism nationwide.


Through JIMENA’s literary publication, Distinctions: A Sephardi and Mizrahi Journal,
our organization has showcased the work, creativity, and scholarship of Jewish leaders from our
communities. The first issues have focused on the themes of antisemitism, unity for Israel, the
diaspora, and resilience through transmission. The articles within the journal highlight the
contributions of rabbis, academics, artists, campus professionals, and others who are dedicated to
advancing our understanding of Jewish life. These pieces illustrate both the difficult
circumstances and the successful opportunities that our families and institutions have and
continue to confront and ensure that our stories are honored and heard.


Following the October 7 th massacre and the ongoing war in Israel, JIMENA immediately
addressed the mental health needs of over 100 community members, including former refugees
and college students. Partnering with Cross Cultural Expressions, JIMENA provided bi-weekly,
culturally competent group therapy sessions, offering specialized support for college students
while addressing challenges like antisemitism and isolation. These sessions provided critical
relief to students and survivors of Middle Eastern antisemitism, helping them cope with both
present and past traumas. Additionally, JIMENA recommended reputable charities in Israel and
raised emergency funds to secure temporary housing for 100 displaced individuals, prioritizing
families with children.


These achievements in education and outreach are building a more inclusive global
Jewish community—one that authentically reflects and integrates the contemporary histories,
vibrant cultures, and invaluable perspectives of Sephardic and Mizrahi Jews. Through our efforts
working with public schools and partnering with other Middle Eastern minorities, JIMENA
strives to share our “light to the nations” and foster a love of Jews and Israel within our own
schools, organizations, and communities.

“Surely this great nation is a wise and understanding people.” —Devarim 4:6

Book Review: Rabbi Moshe Taragin on Rabbi Yehuda Amital

Book Review

By Rabbi Hayyim Angel

 

Rabbi Moshe Taragin, To Be Holy but Human: Reflections Upon My Rebbe, HaRav Yehuda Amital (Kodesh Press, 2025)

 

          Rabbi Yehuda Amital (1924-2010) was a leading Rosh Yeshiva in Israel, founding and building Yeshivat Har Etzion, a premier Hesder Yeshivah which combines Torah study with service in the Israel Defense Forces. Rabbi Moshe Taragin, a leading educator in his own right and a dedicated student of Rabbi Amital (as well as Rabbi Aharon Lichtenstein, who co-led Yeshivat Har Etzion), offers a strikingly personal glimpse into Rabbi Amital’s unique personality.

          Rabbi Taragin’s book is comprised of two sections: One relates personal stories that offer a window into Rabbi Amital’s outlook, and the other focuses on aspects of Rabbi Amital’s ideology. The ideological essays are valuable in their own right, outlining the religious worldview of a master educator, communal leader, and model of Modern Orthodoxy and Religious Zionism. Personally, I find the stories even more illuminating, as they present elements of the inner world of Rabbi Amital. Here are just a few examples that speak to Rabbi Amital’s core values.

          Rabbi Amital stressed that people must develop a healthy personality before trying to become Torah scholars or communal leaders. He rejected a popular adage, often attributed to Rabbi Yisrael Salanter (1810-1883): “First, I tried to change the world. When that didn’t go as planned, I focused on changing my family. And when that didn’t work, I retreated inward to change my own inner life.” Rabbi Amital dismissed this lesson, insisting that the opposite is true. When people fail to change themselves, they often shift focus to changing the world. They use external success as self-proclaimed visionaries as a substitute for self-development or meaningful family relationships (93).

          Similarly, Rabbi Amital objected when, at a relative’s circumcision, people referred to the infant as “Yankele Iluy” (Torah genius) during their speeches. They explained that they wanted him to grow into that role and therefore called him a Torah genius from infancy. Rabbi Amital objected strongly: “Just grow up to be a happy, well-adjusted balabus (layperson).” One first must focus on being a well-adjusted person committed to Torah, before thinking of becoming a Torah prodigy (47).

          Rabbi Amital instructed his own daughter, in fourth grade at the time, to fail a test. Her teacher was placing far too much pressure on the students to excel, and Rabbi Amital wanted to teach his daughter that academic success should not overshadow emotional well-being (260).

          Rabbi Amital had a profound sense of reality and humility. He was famed for changing his mind, even on the most important topics. For example, he initially saw little value in Talmud education for girls, since his own mother and grandmother had been pious without it. Only a couple of years later, when addressing a women’s learning program, he remarked, “You know, I used to think that Talmud study for women was unnecessary, but now I think it is absolutely essential.” He also had evolving views on the religious centrality of the Land of Israel. Initially, he was influenced by Rabbi Abraham Isaac Kook’s position that the land was at the very heart of the Zionist mission. Over time, however, Rabbi Amital came to realize that too much focus was on the land itself, and not enough attention was on people and the tenor of Israeli society (116-117).

          Rabbi Amital valued creating students who can think for themselves (talmidim), rather than clones who mimic their teachers (hasidim). He once participated in a panel discussion with his illustrious student, Rabbi Yuval Cherlow. Rabbi Cherlow nervously explained to the audience that “Everything I am about to say stems from Rav Amital’s inspiration, but it completely contradicts what Rav Amital himself believes.” Rabbi Amital stood up and announced, “Ah, finally, I have a talmid!” (75).

          A particularly poignant story reflects Rabbi Amital’s Torah leadership through his personal involvement. Once, there was a terrible snowstorm in Gush Etzion, leaving its residents without heat. A kibbutznik arrived on Shabbat, and told Rabbi Amital that the electricity in the hothouse where baby chicks were being raised had failed. If they did not restore the heat, the chicks would die. Rabbi Amital immediately put on his coat and walked through the storm to the kibbutz to offer his ruling. When he returned, people asked why he went, instead of simply asking more questions and then giving a ruling. He explained that Torah is to be lived in the real world, and is not simply book knowledge. He wanted to hear the cry of the chicks himself before issuing his ruling (28-29).

          Rabbi Taragin’s book title derives from a lesson Rabbi Amital frequently quoted from the Hasidic Rabbi Menahem Mendel of Kotzk (1757-1859). The Kotzker interpreted a verse, “Ve-anshei kodesh tihyun li” (you shall be holy people to Me, Exodus 22:30). While we strive to elevate ourselves by being holy, we must embrace the fact that we also are anashim, humans. We serve God precisely by recognizing our humanity, rather than falsely pursuing an angelic life (123).

          Through these and so many other anecdotes, Rabbi Taragin provides readers with a means of learning transformative lessons from one of the great rabbinic figures of the previous generation.