National Scholar Updates

Social Change and Halakhic Evolution in American Orthodoxy

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

 

A few statistics of Jews in the US

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

 

The origin of Orthodoxy

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

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

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

Rabbis

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

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

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

Turning to the right

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

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

Torah from heaven

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

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

Conclusion

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

 

Reading Tamar

 

            We are in our second year of studying women in Tanakh every Thursday afternoon for an hour. The class takes place in one of the participant’s homes in memory of her late mother. The oldest woman in the class is in her 80s, the youngest in her 30s. There is a range of educational backgrounds around the table, from Day School graduates to women whose own observance is evolving. We study everything in Hebrew and English with a smattering of traditional commentaries and modern scholarship. Mostly, our focus is on a primary reading of Tanakh; we slowly dissect the words, paying careful attention to repetition, alliteration, and odd words or unexpected phrases. We spend a lot of time on biblical cross-referencing, moving to other passages or verses that present parallel stories or language. The class is no different, in certain ways, from any other in Bible through a thematic and literary lens. Yet, as the teacher, I find myself stepping back in observation at critical junctures to watch modern women judge ancient matriarchs. Do they see themselves refracted in the behind-the-scenes female manipulation of a narrative? How objective are they in removing themselves when doing a character analysis? Can they study a swath of text about women in compromising sexual situations and remain neutral? After all, gender is not an insignificant aspect of personal identity.

Yet I would not ask any of these questions during class. It is a safe space to express opinions, but such questions would be a digression we cannot afford given our limited time together. Then from a pedagogic standpoint, I wonder if I have made the right choice in ignoring the bridge from text to life. We certainly engage in what I call life/text dichotomies and entertain spiritual lessons so that the words can jump off the page and into our lives, but we do this more in the style of Aesop’s fables than a direct confrontation with an underlying gender bias. It would not dawn on me to pause, look up and ask: “Does this offend you?”

This is not a group of people who revel in feminist readings, although some of them struggle with a woman’s place in Judaism; they are mostly women steeped in tradition, and who have largely accepted gender limitations in their faith commitments or at least made some peace with ritual exclusion. They may not be content with every gender-based prohibition thrown their way, but they have accepted the total package of meaning and lifestyle that comes with Orthodoxy. Would this resignation manifest itself in their reading of the Tamar story, I wondered? Tamar was a risk-taker embroiled in a serious and morally trying tale. Sexual taboos were broken for the sake of succession. One value was pitted against another in an ethical and emotional tug-of-war that almost cost Tamar her life. It is hard to retain objectivity and not personalize texts in some way when faced with such turmoil. Life seeps in between the lines as we read the words together.

 

***

 

Tamar is the protagonist of Genesis 38. Judah picked her as a wife for his first-born son Er. God did not like Er; for some unstated reason, he was “displeasing to the Lord,” and God, subsequently took his life, leaving Tamar bound by the levirate laws of remarriage. Judah then adjured his next son Onan to “do his duty by her” to “provide offspring for your brother.” The obligation is presented with a paradox. The duty is described as a relief for her when, in actuality, it benefits a dead man by keeping his name and property intact in the family. The ambiguity of who this act of marriage is for may contribute to the puzzling way Judah proceeded. Onan was troubled that the seed would not technically count as his so instead of normal cohabitation, he spilled his seed outside of her.  He was willing to undergo intercourse as an act of pleasure but not as an act of responsibility, “so as not to provide offspring for his brother” (Gen. 38:9). He did exactly the opposite of his father’s wishes.

Tamar’s own feelings, loss, and future desires were not vocalized by Judah.  After Onan died—because the Lord also found him displeasing—Judah told his daughter-in-law to stay a widow in her father’s house until his third son, Shelah, grew up and could fulfill his commitment: “Stay as a widow in your father’s house until my son Shelah grows up…” (Gen. 38:11). Judah’s suggestion that Tamar return to her father’s house shows that he felt little responsibility for her welfare in the intervening years and yet expected her to stay faithful all the while. The continuation of Judah’s line through Er depended on Tamar’s commitment to a family that had little regard for her. This disregard is cemented by the side-thought communicated in the passage; even as he told Tamar to wait, Judah knew that he would never actualize the duty because he feared for his last son: “He might die like his brothers” (Gen. 38:11). God found Judah’s sons displeasing, but Judah conveniently blamed Tamar.

Scholars who struggle to understand the odd placement of this chapter between Joseph being thrown into a pit and Joseph being seduced by his Egyptian master’s wife, should note that this is another story about fatherhood and brotherhood that takes many wrong turns because filial and fraternal bonds were weak or severed. The displacement of seed is not unlike the displacement of an actual brother, another act that stops the family line from natural continuity. The private ruminations of a brother who is not willing to give provide children for a dead sibling is paralleled by a father who would dispose of a brother with nary a concern and force a daughter-in-law into prolonged widowhood with no escape.

Over time, Judah’s wife died and after mourning for her, he went up to Timnah to his sheepshearers with his friend Hirah, a minor character who surprisingly appears many times in the chapter. Tamar was told that her father-in-law was coming to the area. She was not informed directly. We are unsure how much time had elapsed but enough for her to understand that Shelah was never to be hers and that her garments of widowhood would be worn as a life sentence. Taking destiny into her own hands instead of waiting any longer, she exchanged her widow’s garb for the clothing of a prostitute to seduce Judah and make him give her the child that she deserved. Rather than seduce Shelah, the brother who should have been rightfully her husband, she tricked her father-in-law, perhaps literally coupling obligation with revenge. To add to the curiosity, the garments she donned as prostitute were not revealing, as we might expect, but concealing:

So he took off her widow’s garb, covered her face with a veil, and wrapping herself up, sat down at the entrance to Enaim, which is on the road to Timnah; for she saw that Shelah was grown up, yet she had not been given to him as a wife. When Judah saw her, he took her for a harlot; for she had covered her face.  (Gen. 38:14–15)

 

In three different ways we are told that Tamar was covered, ostensibly to conceal her identity from Judah but also a subtler signal to the reader that she was far from a prostitute in her manner. This identity was not one she wore comfortably. The ironic location of the encounter makes the reader smirk. Enaim in Hebrew means eyes. Tamar saw the future ahead as a spouse-less widow and saw an opportunity precisely because her father-in-law did not see what was coming.

            The use of a veil in conjunction with the name of the place, presents many opportunities for playful readings. One feminist commentary on the story speaks in the words of Tamar herself:

I exposed Judah’s shallow grief by subtly playing upon the irony of veils. When I dressed as his son’s widow, I was invisible to Judah. He sent me away; he ignored my legitimate claim on Shelah. But when I voluntarily hid myself behind a veil, then he noticed me and unwittingly fulfilled his duty as his son’s redeemer.[1]

 

Veils reveal and conceal; it is no coincidence that the word for clothing in Hebrew “beged” is related to the word for traitor: “boged.” Clothing creates identities but can also disguise identities.

 

***

 

I spoke with several of my students between classes about studying the Tamar story together. Does it make them angry? It does not. One woman finds Tamar inspiring:

I perceive Tamar to be brave. She must have been in a lot of pain. As a woman, I could imagine her feeling unfulfilled and experiencing the loss. I imagine the loss was different. She must have been in a very emotional place, feeling blame on top of loss. I don’t think I felt anger when we were studying this; it was more admiration for her than anger against the situation. There wasn’t much time to get angry because the action took place very quickly in the text. It’s very powerful that she figured out something to move her life along.

 

This class participant did not feel angry about what happened to Tamar because she saw her as a woman who fought back and was able to “achieve her purpose without hurting someone else.” To her, Tamar was a symbol of empowerment since she admires those who struggle with a character deficit or adversity and find ways to overcome challenges. In this instance, Tamar, like other matriarchs and female characters in the Bible, plays a supporting role to the larger story, helping us forge a nation but not as an overt, public leader. “The woman is not the leader in a religious or tribal sense, but what she does or does not do becomes a defining moment that changes the course of history. It’s important not only to pay attention to the headlines but the sub-text.”

 

***

 

            The text confirms that Judah did not know that this woman was his daughter-in-law when he invited her to sleep with him. Tamar knew that to corner her father-in-law she needed to exact an identifying object. Judah did not pay in advance for this prostitute’s services but suggested that he would send an anonymous kid from his flock later. Tamar, shrewder than Judah, told him that she needed to secure a pledge from him, another ironic statement since Judah was not one to keep his promises. The “eravon” or collateral she seeks has the same Hebrew root as the word for responsibility, a subtle way to suggest that Judah betrayed his responsibility to her.

Judah did not know what to give her but she knew exactly what she wanted: “Your seal and cord and the staff which you carry” (Gen. 38:18)—all signature items of the one who holds them. Rashi explains that the seal was the ring by which Judah signed documents and the cord was a garment that he covered himself with; she could not have asked for identifiers stronger than these.  The Hizkuni mentions that these were items of regular use; the cord for him was an object used to weave wool. Taking away that which was basic and used often would remind Judah of the absence and perhaps bring Tamar’s dilemma to a more expedited solution. Nahum Sarna believes that the seal and cord were a unit:

The reference is to the widely used cylinder seal, a small object made of hard material, engraved with distinctive ornamentation. The center was hollowed out and a cord passed through so that the seal could be worn around the neck. When the cylinder was rolled over soft clay, the resultant impression served as a means of identifying personal possessions and of sealing and legitimating clay documents.[2] 

 

This explanation helps us understand why Tamar suggested these items. In Sarna’s words it was “a kind of extension of the personality” since it was had the function of a signature. It uniqueness was unmistakable.

            The staff is regarded as a symbol of power and makes its first appearance in the Bible in this chapter, fitting in with the blessing that Jacob gave Judah on his deathbed, namely that Judah would assume the mantle of leadership and that the scepter would not depart from his legacy. In taking it, was Tamar also suggesting that his leadership might rise and fall depending on his capacity to act with both compassion and justice? Taking these objects together was symbolically divesting Judah of authority by which he presented himself to the outside world. In essence, although Tamar played the prostitute, it was Judah who stripped himself bare of that which is most essential as a leader, all for momentary gratification.

            Tamar asked for three items, not one. Tamar wanted the paternity of the child to be certain, with no taint of ambiguity. Even though Tamar suffered years without pregnancy on the horizon, she was absolutely sure that this one sexual liaison would end with conception, and she was right. She then “took off her veil and again put on her widow’s garb” (Gen. 38:19). She quickly left the identity she temporarily donned for the long-suffering identity of the widow. But this time, something was growing under her widow’s robes: a child and a delicious secret.

            The Adullamite appears again and is the one sent to pay the pledge. Clearly Judah’s act was known to at least one person besides Tamar. When Hirah could not find her, he made inquiries about town, connecting himself and his cohorts with prostitutes publically. The text belabors this point. Hirah is seen asking about the prostitute. The townspeople replied in the negative, and then Hirah reported this all to Judah. Judah then made an ironic observation: “Let her keep them, lest we become a laughingstock. I did send her this kid, but you did not find her” (Gen. 38:23). The fear of being ridiculed did not occur to him beforehand. Judah was self-satisfied that he did his best by her since he tried to deliver on his pledge, without understanding that she had what was truly valuable: the damning evidence.

            Next Judah was told that his daughter-in-law was pregnant with another dose of irony: “Your daughter-in-law has played the harlot; in fact, she is with child by harlotry” (Gen. 38:24). All of the chatter that embodies the chapter tells the reader that this seemingly private encounter was the subject of gossip. Where news of Judah’s visit allowed Tamar to seek justice, news of Tamar’s pregnancy presaged an act of injustice. Judah was prepared to have Tamar brought out into the public square and burned. Burning is a very specific type of punishment. Its destructive powers are total. If Judah had paid Tamar little mind before, now he would have her literally obliterated without the residue of personal guilt that he should have carried. He could project his guilt onto her shame and feel blameless.

            “As she was being brought out, she sent this message to her father-in-law, ‘I am with child by the man to whom these belong.’ And she was dragged out to her public execution she added, ‘Examine these: whose seal and cord and staff are these?’” (Gen. 38:25). The moment of drama is acute; her walk of public shame is the physical approximation of the secret that was about to become public knowledge. Instead of the badge of shame brought on by pregnancy, we imagine Tamar’s head held high as she grabbed the objects that would save her and condemn Judah. Tamar immediately referenced the man who fathered the child so as not to bear the shame alone. It was as if she had said directly to the audience of voyeurs, “It takes two to have a child. Let me tell you who else should be punished with me.” To his credit, Judah recognized the objects and took the blame: “She is more in the right than I, inasmuch as I did not give her to my son Shelah” (Gen. 38:26).

            The chapter then turns from this scene of revelation to the birthing moment. The drama of the breech birth also involves the danger of twins, taking the reader from Tamar’s perilous risk in masking her identity to a sudden, breath-holding birth of two children. Since nothing takes place in an ordinary way in the chapter, the birth is no exception. One child placed his hand outside Tamar, and the midwife quickly encircled it with a crimson thread, a color associated elsewhere in the Bible with sin. The midwife assumed that this brother would come out first. Since the first-born is entitled to certain fiscal privileges and burdened with certain responsibilities, determining the first-born is not insignificant. The red bracelet would have been a sign of early victory. But, because nothing turned out as expected, the hand of this child went back into the womb, and his brother came out first instead. Just like the rest of the narrative, the one who is expected to triumph is vanquished to be eclipsed by another. Judah who thought he had the hand of power ended up bested by a powerless woman. The hand that grabbed life first went back into the womb to emerge second.

 

***

 

“I consider myself a pretty spiritual person and I know that she wants to continue the line, but I had a problem with this,” remarked another woman from the class.  “Obviously she is a very holy woman willing to sleep with her father-in-law to continue the line, to produce a future king but personally, that couldn’t have been me. Maybe it’s because I’m thinking of my own father-in-law.” She laughs.

I guess I admire her for it because it’s not something I think I could have done. I am in awe of her. She had a mission. She did it. I can feel the text very personally. I think studying texts about women is different than studying other texts. I can identify with the women we study. I love hearing a woman’s point of view. It’s different than sitting in a room with men and talking about what Tamar was willing to do. I don’t know how men would react to this story. I think studying this with women creates more openness with other women.  I don’t think women would have talked the same way if men were in the room.

 

For this student, studying with women creates a sensitive space for exploration. “The comfort level is different, and maybe even the thought level is different. Maybe the conversation is going to go in a slightly different direction with a group of women.” Safety is one feature of gender-based learning as is topic selection and discussion, but this woman was making a more radical suggestion: “the thought level is different.”

 

***

 

The context of Genesis 38 is critical.  Sandwiched between the throwing of a brother into a pit and the seduction of that brother by a woman in power, we have the story of a brother’s abdication of responsibility and a seduction by a relatively powerless woman. Genesis 38 begins with Judah’s lone descent. “About that time, Judah left his brothers and camped near a certain Adullamite whose name was Hirah” (Gen. 38:1). Grouped together as a unit, Judah and his brothers made poor decisions with long-term consequences; their brutality fed off each other.  Suddenly, the text singles out Judah, perhaps, as some commentaries believe, to understand the kind of brother who would allow his own flesh-and-blood to squander in a pit. He was not the first brother to be singled out from the group. Reuben took his own walk back to the pit and discovered that Joseph was missing, ripped his clothes and reported it to the others. When he painfully cried, “The boy is gone! Now what am I to do?” may indicate that Reuben thought this a mere prank driven by rivalry until it turned into something more sinister, and he, as eldest, would be held accountable. In an anxious huddle, the men contemplated their next move and took Joseph’s coat to their father. Once the deed had been done and its consequences unraveled, the linear movement of the story pauses and turns to Judah alone and a drama that involves him to the exclusion of any brothers.

Judah’s only close company in this chapter is his friend Hirah. Judah took a wife, had children, then lost a wife, had sons who died and a daughter-in-law who was banished to her father’s house. Hirah is the only character who stays at his side throughout the entire narrative. If Genesis 37 warned us about evil in company and the rabble-rousing that complicity can create, Genesis 38 continues the lesson. It is Hirah who Judah camps near, Hirah who Judah goes sheep-shearing with and Hirah who went to pay the prostitute. Judah’s decisions and actions throughout are self-absorbed. Even his friend is only regarded in service of him, and an ignoble service at that. This is the kind of man, the chapter suggests, who might just throw his brother in a pit, who is groomed for leadership himself and blessed with it by his father but he failed to initiate moral leadership, both with his brother Joseph and with his daughter-in-law Tamar.

 

***

 

Women studying about women with other women naturally precipitates conversations about women. One woman who prefers learning in a mixed-setting said that she does not necessarily view the texts from a woman’s perspective, making a study of women in Genesis undifferentiated from, say, an exploration of major themes in Numbers. “I’ve always liked talking with males about things, and in some of the mixed groups I’ve been in—without stereotyping men or women—I’ve liked the rigor and the logic that I don’t always find in learning with women.” Even as she says this, she hesitates. She does not want to stereotype the way that women learn and struggles to find the language to explain her preferences. She was aware as a child that when men studied separately she felt left out and didn’t want to feel left out. But then she pauses because there are times when the women-only learning setting and the cast of female characters does impact her more:

 

When we’re learning about a woman who is in a difficult position, either she doesn’t have the freedoms to do what she wants with her life or she doesn’t have children, I think that there’s an identification with what she might be experiencing which is more personal than with other characters. I think it’s easier to imagine oneself in the inside of a female character. It’s not seeing myself in her position currently as much as like when you’re little and you play imagination games. You play another character, and I could envision myself that way. But sometimes I do identify more with a male than a female depending on the circumstance.

 

Infertility, rape, nursing, birth, marriage, and mothering have come up as themes in the class. Could these be explored in the same way with men? “I think there might be a level of discomfort with the topics if we were studying with men. It’s not really about modesty but about privacy.” It allows for a comfort level for sensitive topics that surface in discussion.

 

***

 

The interpolation of this chapter in the Joseph narratives has led many scholars to view this story as an imposition or digression on what would otherwise have been a linear tale about the rise of Joseph’s power. The scholars who arbitrarily dismiss the placement as a result of multiple authors miss many of the more profound linguistics and thematic connections in the chapters before and after the story of Judah and Tamar. Robert Alter draws attention to a Midrash that regards Judah as the deceiver deceived (Bereshit Rabba 84:11,12) and comments on the way that the assumption of interconnectedness makes us more careful readers:

 

The difference between the two is ultimately the difference between assuming that the text is an intricately interconnected unity, as the midrashic exegetes did, and assuming it is a patchwork of frequently disparate documents, as most modern scholars have assumed. With their assumption of interconnectedness, the makers of the Midrash were often exquisitely attuned to small verbal signs of continuity and to significant levels of nuance as any “close reader” of our own age.[3]

 

Specifically in reading this narrative, Alter places great weight on the repetition of the infinitive le-hakir—to recognize or to identify— in its various forms. Jacob was asked to identify Joseph’s coat dipped in blood in Genesis 37 and then Judah was asked to identify his seal, cord and staff in 38. Although Alter does not point this out, identifying objects surface again in Genesis 39 when Joseph runs away from the wife of Potiphar’s nefarious clutches and leaves his garment as evidence.

One critical emphasis in each of these chapters is the way in which an object tells a story. Although Alter stresses the verb “to recognize” that runs throughout these narratives, he does not note an inherent difference which the juxtaposed texts force upon the reader. The brothers, when handing Jacob the bloody garment did not lie. They let the coat lie for them in the visual shock it presented to their father: “They had the ornamented tunic taken to their father, and they said, ‘We found this. Please examine it; is it your son’s tunic or not’ He recognized it and said, ‘My son’s tunic! A savage beast devoured him! Joseph was torn by a beast!’” (Gen. 37:33).

In one chapter, an object lied. In the next, an object told the truth. There are many ways to tell a story and many props that lend themselves to non-verbal reporting. All Potiphar’s wife had to do to incriminate Joseph was hold up what he once wore. In her case, the object both lied and told the truth. It was indeed Joseph’s garment, but it was not left there as the remains of a sordid tryst. It was in this nameless woman’s hands because she took it forcibly, exerting her considerable power over a vulnerable servant who rejected her.

 

***

 “In our class, when you learn with women there’s a lot of discussion about the psychology of what’s going on, and I doubt we’d get that in a mixed class.” She was sure studying as a man would not be the same. “It might be on a different level; it might not look much to the interpersonal. The comments and questions people make inform our learning.”

As an instructor, I struggled and still struggle with this question. Does learning in a uni-gender classroom change the learning and possibly even change the thinking? I am familiar with the psychological research presented in Women’s Ways of Knowing:

Women pose questions more than men, they listen to others, and they refrain from speaking out—these have long been considered signs of powerlessness, subjugation, and inadequacy of women. When women’s talk is assessed against standards established by men’s behavior, it is seen as tentative, vacillating, and diminutive.[4]

 

Perhaps women in the company of men invalidate their own intellectual confidence, stunting their own exploration of an idea. I am aware that many women experience this, but generally I never have. Through high school, all of my own learning took place in a mixed-gender setting. My study partners were usually male by preference because, like the learner in the class who unwillingly made assumptions about the way men and women learn, I fell into the same trap. I felt comfortable with the confidence of boys and was anxious to be in their intellectual company. I shied away from what I regarded as “girly” topics and even studied and taught Talmud at the expense of my love of Bible, feeling it to be the intellectually superior discipline, not because it is but because I bought wholesale into that stereotype.

I appreciate the diversity of discussion that comes from different life-experience, different points of religious observance and non-observance, different ages, and, of course, different genders. I rarely teach women-only classes and have often turned down opportunities to privilege mixed-gender learning. But I did not turn down the invitation to teach this class in my neighborhood and soon found it growing into a highlight of my week. Try as I might to minimize the act of a woman teaching other women about women I could not resist its attractions. This is a community of learners in the best sense of the word. They care for each other and use the class as platform to honor a deceased parent on a yartzheit or to think about a member of the class who is ill. They know about each other’s families and have been through bat mitzvah celebrations, the birth of grandchildren, and even the passing of class members. They remind each other to pray for others and discuss communal issues before and after our learning. They learn in the most powerful way that ideas have staying power, when they are studied among friends.

***

“She is more in the right than I…” Tamar does not get the last word in her narrative. Judah does, speaking about Tamar and validating the risk she took, understanding that she did it with the most noble of intentions. Trapped in limitation, Tamar modeled responsibility, justice and compassion for Judah, a man blessed with future leadership. Those who wear the seal and cord and carry the staff must use power judiciously and righteously. And those who follow Tamar and study her story see in her the ultimate female empowerment, leadership not for the sake of authority alone but for the sake of continuity.

 

Notes

 

[1] Ellen Frankel, The Five Books of Miriam (New York: Grosset/Putnam, 1996): 77.

[2] Nahum Sarna, The JPS Torah Commentary (Philadelphia: Jewish Publication Society, 2001): 268.

[3] Robert Alter, The Art of Biblical Narrative (New York: Basic Books, 1981): 11.

[4] Mary Field Belenky, Blythe McVicker Clinchy, Nancy Rule Goldberger, and Jill Mattuck Tarule, Women’s Ways of Knowing (New York: Basic Books, 1986): 188–189.

Toward an Orthodox Community that is More Responsive to People with Special Needs

 

 

Ilana is a good natured, caring, religiously observant high-school student who enjoys reading, baking hallah with her mother, and spending time with her peers at school and in her synagogue. When it became clear in pre-kindergarten that Ilana had a learning disability, her parents made the difficult decision to transfer her from the local Jewish Day School to a private school that specializes in teaching children with learning issues. Although this was a difficult decision, they knew it was necessary for Ilana’s academic growth and development. They reasoned that Ilana would have plenty of time to socialize with her Jewish friends on Shabbat and on playdates. They knew they could count on her continued involvement in their large Modern Orthodox synagogue.

 

Ilana’s mother was shocked and disappointed when one mother at their synagogue stopped inviting Ilana to participate in weekly playdates with her child. Invitations to birthday parties and other social activities began to stop as well. Even a B’nei Akiva dinner, designed for children to socialize with other synagogue members, felt “closed” to children who did not attend Day School. Ilana’s mother feels that no attempt was made to facilitate interactions between the Day School students and those from other schools. She finds it ironic that the same synagogue that graciously and compassionately hosts adults with moderate to severe disabilities at its yearly Yachad Shabbaton is unable to successfully include children, such as her daughter, with milder disabilities. She wants genuine acceptance and inclusion—and not compassion or pity. She wonders why some people act as though Ilana is “contagious” and that others can “catch” a learning disability or other impairment by socializing with children with special needs. She laments, “The social isolation is worse than the academic isolation.”

 

The Jewish tradition has always been aware of differences among God’s creatures, who are all considered to be created in the “image of God.” The Bible and rabbinic texts detail laws about treating people with special needs. We are taught, “Do not curse the deaf or put a stumbling block before the blind,” (Vayikra 19:14), and there is much discussion in various codes regarding the status of the heresh (deaf person), and the shoteh (possibly a developmentally delayed person). Maimonides’ Mishneh Torah (Hilkhot Berakhot, 10:12, based on Berakhot 58b) has a detailed discussion on which berakha to recite upon seeing people who are “different.”And the Mishna in Sanhedrin 4:5 teaches, “Although a person stamps many coins from a single die, and they are all alike—the King of Kings has stamped every person with the die of Adam, yet not one of them is like his fellow man.” These sensitively crafted sources suggest that each person is unique and worthy of respect and inclusion in the community—regardless of appearance or level of ability to walk, speak, hear, or learn. Additionally, these sources suggest that the Jewish community has a moral and even halakhic obligation to create programs to meet the needs of all people within our communities—regardless of special need or circumstance. How accepting and accommodating are our synagogues, schools, and community institutions? What can we do to better include and support those with special needs?

 

[H1] Synagogues

The synagogue is central to the daily life of most observant Jews—as a Bet Tefilla (a house of prayer), a Bet Midrash (a house of study), and perhaps most importantly, as a Bet Kenesset (a place of gathering). The synagogue is potentially the most important religious institution in the lives of families of children with special needs. Sadly, many families like Ilana’s feel that their synagogues lack a genuinely accepting attitude toward their children. Shabbat morning children’s services and afternoon Shabbat groups are often unable to meet the needs of children with special needs. Many parents feel that their children would benefit greatly from weekly Shabbat services and social activities, even if they sometimes need redirection and gentle reminders from patient, experienced group leaders. Children and their parents often receive uncomfortable looks, “shushing,” and requests to leave the sanctuary when a child is “making noise.” While parents recognize that fellow congregants have a right to pray and listen to the rabbi’s sermon in peace, they are often struck by the lack of understanding in their synagogue. This reception in their own synagogue stands in sharp contrast to the genuine acceptance they receive outside of their own synagogues.

 

There are Modern Orthodox synagogues and rabbis who have taken the lead in meeting the needs of congregants with special needs. In my work teaching children with special needs for bar and bat mitzvah, several rabbis have suggested sensitive, creative options for members with special needs. For example, families may choose to have a non-Shabbat bar mitzvah, where fewer members would be in attendance, the length of service is shorter, there is no haftarah, and there are no Shabbat-related issues when it comes to microphones, adaptive technology, or computers.

 

In one Boston area synagogue, a bat-mitzvah girl gave a devar Torah and “announced pages” using Power Point slides during a Sunday morning service. One Modern Orthodox rabbi suggested that a particular child with learning disabilities celebrate his bar mitzvah on the Sunday of Hanukkah because the Torah reading, from Parshat Naso, is repetitive and predictable and therefore less difficult for this child to learn. Another rabbi found a halakhically acceptable way for a non-verbal boy to celebrate his bar mitzvah on Shabbat morning. The boy had a very large brain tumor removed when he was two years old, and has unfortunately never been able to speak. He uses a Dynavox Dynamo augmented communication device seven days a week. He pulls down screens by topic and depresses buttons to communicate his needs. His very dedicated parents worked with the rabbi, so that their son could be called to the Torah on Shabbat morning. He essentially activated his father’s voice to recite the Torah blessing, lead Adon Olam, and deliver a devar Torah.

 

Despite these success stories, there remain unmet needs for people with disabilities in Modern Orthodox synagogues. Parents express frustration that they do not feel comfortable taking their children with special needs to Shabbat groups or children’s services. Orthodox parents who have made the painful decision to educate their children outside of the Jewish Day School system feel that such groups and prayer experiences are precisely what their children need to fully experience synagogue and Jewish communal life.

 

One Modern Orthodox rabbi, a parent of children with special needs, feels uncomfortable bringing his children to his own synagogue; yet, he and his children have been warmly welcomed and embraced “outside” of his community. He feels the neighborhood Hassidishe shtiebel understands and accepts his son—even if he is disruptive during the sermon or the repetition of the amidah. The Conservative Movement’s Ramah camping movement, through its CampYofi Program at Ramah Darom, has been similarly accepting and inclusive. Yofi offers a week-long camp for children with autism and their families. Similarly, Ilana and her family have been warmly embraced by a smaller, more traditional Orthodox synagogue in their neighborhood; each Shabbat afternoon the rabbi and his wife invite Ilana to their home, where she socializes with and even babysits for their children. Modern Orthodox synagogues should similarly embrace differences and work toward accommodating children with special needs.

 

[H1] Al Pi Darko—According to His or Her Way: Jewish Education for Children with Special Needs

 

Most parents in the Orthodox community accept as a given that their children will receive a Jewish Day School education. When it comes to providing an appropriate Jewish education for children with special needs, families often find that choices are limited. There are many reasons for this. First, the term “special needs” encompasses diverse impairments, including learning issues, physical disabilities, mental retardation, autism, psychiatric disorders, and other genetic and acquired conditions. Approaches and philosophies toward education, even within the special needs communities, can vary widely—from those advocating full inclusion to those promoting separate classrooms.

A second reason that choices are limited is that schools lack the staffing and expertise to consider implementing special-needs programs. Teachers and therapists with training in special education, speech and language therapy, psychology, physical therapy, and occupational therapy are required to support students with special needs.

 

Third, schools typically lack the financial resources for starting and running such specialized programs. The costs of providing a Day School education—even for “typical learners”—are never covered by tuition costs alone and can be prohibitive. Dr. Jed Luchow, Director of Special Education/Project SIR for the Board of Jewish Education of Greater New York, notes how complex and expensive providing such services can be. “When public schools need more money for services, they can raise taxes,” remarks Luchow. Yeshivot and Day Schools cannot.

 

Families specifically seeking a Modern Orthodox approach to educating a child with special needs find that few programs exist. Some turn to Hareidi schools, where there is more general acceptance of all learners who are viewed as created in God’s image. The recent movie, Praying With Lior, portrays the warm acceptance experienced by Lior Liebling, a young man with Down syndrome (and the son of two Reconstructionist rabbis) in a Philadelphia-area Hareidi yeshiva. Modern Orthodox parents of children with special needs have reported similar acceptance by the Hareidi world.

 

Some families feel that private special-needs schools (and in some cases, even Catholic schools) are better equipped to provide services to children with special needs. In the Northeast, for example, observant families sometimes opt for well-regarded schools such as Churchill and Gateway in Manhattan, Mary McDowell in Brooklyn, Windward in White Plains, New York, Eagle Hill in Greenwich, Connecticut, and the Cardinal Cushing School in Hanover, Massachussetts. This “trade off” means that families need to seek other avenues for providing Jewish education and Jewish socialization environments.

 

Fortunately, some Jewish community Day School programs do exist for educating children with special needs, and there are some successful initiatives supporting Jewish special education throughout the United States. Although specifically Orthodox-affiliated programs exist, families of children with special needs are more likely to cross denominational lines than they might for their other typically developing children.

 

Although it is impossible to highlight all such programs, I will mention some programs, mainly in the Northeast, in order to illustrate the various models and approaches currently offered. Many of the descriptions below are provided by the program; ability to live up to their claims are difficult to assess and are beyond the scope of this article.

 

In 1985, Rabbi Dr. Martin Schloss, currently the director of the Division of Day School Education for the Board of Jewish Education, and Dr. Sara Rubinow Simon founded the Consortium of Special Educators in Central Agencies for Jewish Education. The purpose of this group is to support special education programs in North American Jewish communities as well as to provide resources to Jewish special educators through professional networks. Members meet once a year to share ideas and materials to enhance and expand special education in Jewish educational settings.

 

Parents for Torah for All Children (PTACH) has supported children with learning differences from elementary school through high school for more than thirty years. PTACH programs exist at such schools as the Yeshiva University School for Girls and Chaim Berlin High School. Strides have also been made to sensitize and train teachers. PTACH’s educational director, Dr. Judah Weller, has created the “Jewish Day Schools Attuned Program,” based on the Schools Attuned Program, a nationally recognized professional development and service program, created by Dr. Mel Levine, Director of the Clinical Center for the Study of Development and Learning at the University of North Carolina School of Medicine at Chapel Hill. The Schools Attuned program covers eight neurodevelopmental constructs that affect learning—including attention, memory, language, motor skills, and social cognition. Several years ago, The Nash Family Foundation of New York City funded a grant to train 125 Jewish Day School educators in New York, Los Angeles, and other cities in the Schools Attuned program.

 

Kulanu Torah Academy in Long Island, New York, is a program dedicated for Jewish students with special needs, including students with Asperger syndrome, autism, cerebral palsy, Down syndrome, dyslexia, and Tourette’s syndrome, as well as developmental disorders, attention disorders, learning disabilities, and physical challenges. Students receive educational services within the yeshiva environment from middle school through high school. In addition, Kulanu’s Gesher Program is a three-year program initiative for 18- to 21-year-old students with special needs, which serves as a “bridge” from school to the world of work.

 

The Sinai Program in New Jersey offers schools for children with developmental disabilities and learning disabilities. According to their website, Sinai is sometimes referred to as a “school within a school. Although Sinai is independently operated and funded and each school has its own administration and staff, all of Sinai’s schools are comprised of self-contained classes set within larger, typical community Jewish Day Schools, including the Joseph Kushner Hebrew Academy and Yavneh Academy. This structure increases opportunities for mainstreaming within the host schools.

 

Yeshiva Education for Special Students (YESS!) is the only full-service, professional, special-education yeshiva elementary school in Queens, New York, serving children in grades K through 8 with learning disabilities, attention deficit disorder, and language-processing disorders. According to their website, “It is the philosophy of YESS! that all Jewish children, regardless of their cognitive or physical challenges, have a place in the mainstream of the Jewish community." YESS! espouses individualized special education for general and Judaic studies. Mainstreaming and integration with the typically developing Yeshiva of Central Queens (YCQ) community are integral to the YESS! program.

 

Some Modern Orthodox schools have started programs to support students with a range of learning issues. Manhattan Day School in New York City has been offering support services for students in grades 1 through 8 with learning-based language disabilities since 1984. According to Sharon Miller, Director of Special Education, the program provides self-contained classes for between six and eleven students, who learn with one head teacher and one assistant teacher. Students learn basic skills in both secular and Jewish content areas, including reading, writing, mathematics, social studies, science, computers, organizational skills, Hebrew language, Bible, Talmud, and laws and customs. Students with Individual Education Programs (IEPs) often receive in-school services, such as speech and language therapy, occupational therapy, counseling, and physical therapy. The staff also includes special educators and school psychologists.

 

SAR Academy in Riverdale, New York, offers a program to support elementary and junior high school students with language-based learning disabilities. According to Rebecca Hirschfield, Director of Educational Support Services, the program was started, in part, to help keep students with learning issues in the Jewish Day School system. The SAR program is an inclusive educational initiative, designed to be able to meet the needs of children whose learning needs differ from their typically achieving peers. Children with special needs are placed in "inclusion" classrooms with typically developing children. The class is staffed by an additional teacher, who is a learning specialist. In the high school, students receive support through the Student Learning Center and may participate in a modified program, consisting of fewer periods per week of Talmud and Tanakh, and/or exemption from a foreign language requirement.

 

Ramaz School in Manhattan offers a Learning Center to support students. In the Lower School, students in need of remediation work individually or in small groups in the Learning Center. In the Middle School, students receive one-on-one remediation during the time they would otherwise be attending specialty classes such as music, art, or parashat haShavua. Students who have completed a formal external psychoeducational evaluation to document a learning disability are eligible for Learning Center services. Upper School students seeking the services of the Learning Center also must undergo psychoeducational evaluation; students may then be eligible for certain accommodations, including extended time for test-taking and laptops for use during exams. Based on the recommendations of the tester, students may also receive remediation from the Learning Center faculty.

 

A unique Boston-area program, Gateways: Access to Jewish Education, offers several programs for Jewish students with a wide range of special needs. Gateways provides a Jewish education to children with moderate to severe disabilities who are not able to receive one in a typical classroom setting (for example, children with autism spectrum disorder, hearing and visual impairment, developmental delay, cerebral palsy, and/or genetic disorders). Gateways also works with students in Jewish Day Schools across the denominational spectrum, including the Chabad Day School of Sharon, Maimonides School, JCDS, New England Hebrew Academy, Solomon Schechter Day School of Greater Boston, South Area Solomon Schechter Day School, Striar Hebrew Academy (SHAS), The Rashi School, and Torah Academy. Within each Day School, Gateways staff (comprised of speech-language pathologists, occupational therapists, and reading and learning specialists) provide extra support and assistance. Gateways works with students to help improve their academic and social skills and generalizing strategies in the classroom. In addition, the therapists assist teachers with curriculum modifications and provide teachers with professional development, including weekly coaching. For students who need more intensive instruction to develop reading and writing skills, Gateways provides an intensive alternative language arts curriculum to the classroom. This class focuses on explicit teaching of skills, including reading comprehension and decoding, written language, and word study (phonics, spelling, and vocabulary). Rabbi Mendel Lewitin is pleased with what Gateways has accomplished in his Striar Hebrew Academy. “Gateways has sensitized us to the fact that children have unique needs—from enrichment to remediation—and even helped remove the stigma associated with asking for special-educational services. Now, parents are comfortable seeking support, and all students are developing a deeper understanding of their peers.”

 

Sulam, established in 1998, is the only non-profit Jewish educational organization in the Greater Washington area for children who require specialized services for learning needs. By collaborating with Jewish Day Schools, Sulam educates children with diverse needs alongside their peers in a Jewish Day School setting. Sulam also provides adjunct educational services to high-school students at the Melvin J. Berman Hebrew Academy.

Another non-Day School alternative is MATAN: The Gift of Jewish Learning For Every Child, whose mission is “to give the gift of Jewish learning to every child, regardless of ability.” MATAN provides support to children, teachers, and families through teacher workshops, school consultation, program development, consultation with families, curriculum development and modification, behavior management, community presentations, and neuropsychological assessments. MATAN works with synagogues and provides after-school Talmud Torah-equivalent programs for children with special needs. MATAN also offers teacher training and provides consultation to families and synagogues.

[H1] Youth Groups and Summer Camps

Parents recognize that their child’s Jewish education is comprised of more than the school experience. Opportunities to participate in the richness of Jewish communal and synagogue life are extremely important to a child’s Jewish and social development.

Yachad/National Jewish Council for Disabilities (NJCD) includes individuals with disabilities (ages 8 through senior adult) in Jewish programming across the United States and Canada. Yachad members participate in Shabbatons at various Orthodox synagogues. Yachad Shabbatons are generally staffed by high-school and college-age Orthodox youth, allowing for socialization between typical and disabled peers.

 

The Jewish Community Center of Manhattan and other Jewish Community Centers across the country offer programs that focus on providing Jewish cultural programming for children and young adults with varying needs. Initiatives include programs for school-age children such as after-school or Sunday programs, summer camps, sibling workshops, assistive technology, lectures and support programs for caregivers, and a Special Needs school fair. The JCC in Manhattan also offers a program for young adults featuring Sunday outings, lounges, drama therapy, technology training, and career development.

 

The Friendship Circle, founded in 1994 by the Lubavitch Foundation of Michigan—and now existing in many communities nationwide—offers programs to provide assistance and support to the families of children with special needs as well as to individuals and families struggling with addiction, isolation, and other crises. Teen volunteers are an integral part of their program serving individuals with special needs.

 

According to The Foundation for Jewish Camp, “No experience is more powerful, thrilling, or transformative than Jewish overnight summer camp.” Various Orthodox summer camp programs offer socialization and Jewish immersion experiences for children with special needs. Camp HASC, a summer program of the Hebrew Academy for Special Children, provides a seven-week overnight camping experience to over 300 children with mental and physical handicaps. HASC is specifically dedicated to children with special needs.

 

Yachad b’Nesher is a Yachad/NJCD program within Camp Nesher, a camp for typically developing children. Yachad b'Nesher specializes in mainstreaming boys and girls who are developmentally disabled. There are accessible bunks on each campus set up for these campers, their special needs, and their specially trained staff. Yachad campers participate daily in all activities with different bunks.

Yachad also offers Yad B’Yad travel programs, where typically developing high school students and members of Yachad together tour the East Coast, the West Coast, or Israel.

 

The Tikvah Program was founded nearly forty years ago at Camp Ramah in New England and now runs programs at several Ramah camps throughout the United States and Canada. Although Camp Ramah is the camping arm of the Conservative Movement, the Tikvah Program has historically attracted a significant population of its campers from Orthodox homes. In the Tikvah Program, campers are included in all aspects of the rich Jewish summer camping experience and benefit from the richness of “immersion” in Jewish communal life. Prayers are modified for the needs of the campers and generally involve singing, dancing, and repetition. Following spirited weekday morning prayers, campers begin and end breakfast with the appropriate blessings, return to bunks for nikayon (clean up), and participate in daily activities such as Jewish learning, Hebrew instruction, swimming, sports, arts and crafts, and vocational training. Tikvah campers even take a turn leading the camp in Shabbat evening services, and they perform a Jewish-themed play, partially in Hebrew, for the entire camp.

 

[H1] A Modern Orthodox Action Plan

Clearly, the Modern Orthodox community can do more to help make people with special needs feel more fully included in synagogue and communal life. A move toward full inclusion will require working collaboratively with others in the Jewish community (often across the “denominational divide”), continued education of rabbis, leaders and community members, and ongoing congregation and communal self-assessment.

 

[H2] Working Collaboratively with Others in the Jewish Community

The Jewish disabilities world has been very successful in breaking down denominational barriers. I heard a story of two Philadelphia-area Jewish parents of children with autism speaking very comfortably and openly—one was a Lubavitch rabbi, and the other was a female Reconstructionist rabbi. The chances of these two interacting in another context are slim. This heartwarming anecdote illustrates the potential for Jews of various backgrounds to work together. Successful collaboration already takes place in many communities across the United States.

 

In Westchester, New York, Carol Corbin is the chairperson of the Westchester Special Needs Roundtable. She is also the coordinator of Synagogue Inclusion, which is part of the UJA of New York Caring Commission. In the first year of the Roundtable, nearly forty Westchester area rabbis and parents from across the denominations, as well as directors of special-needs programs, JCCs, and various agencies, came together. They determined that the focus of the initial phase of their work should be on teacher training and congregational sensitivity. As their work has continued, the Roundtable has addressed ways to make congregations sensitive to populations with special needs. They have addressed such topics as building access and the social, emotional, and educational needs of those with special needs.

 

Shelly Christensen, Program Manager for the Jewish Community Inclusion Program for People with Disabilities (a program of Jewish Family and Children’s Service of Minneapolis, Minnesota), is a frequent presenter across the country on the topic of inclusion. Christenson, author of “Jewish Community Guide to Inclusion of People with Disabilities,” has worked with synagogues and agencies to help create awareness and action. Synagogues across the denominations are collaborating in an effort to serve those with special needs, and are taking part in “February 2009 is Jewish Disability Awareness Month.”

 

Following her presentation several years ago, each synagogue appointed a lay leader to a community liaison committee. Each committee meeting takes place at a different synagogue, and committee members tour different synagogues and discuss issues of accessibility. Christensen reports that members of the Orthodox community have been very involved with the committee, and that synagogues and schools have embraced inclusion. Synagogues of all denominations may wish to consider starting inclusion committees, which function much as social action, Israel action, and ritual committees.

 

 The Modern Orthodox community also has numerous opportunities to join the larger Jewish community in workshops and conferences. For example, the Partnership for Jewish Life and Learning in the Washington, D.C., area has a Department of Special Needs and Disability committee, which organizes a yearly conference, “Opening the Gates of Torah: Including People with Disabilities in the Jewish Community.” Their most recent conference featured twelve sessions on inclusion and attracted more than 350 people. In addition, this organization provides information, resources, consultation, and professional development to parents, teachers, and administrators in preschools, congregational schools, and Day Schools in community. Their extensive range of services strives to “help ensure that every member of the Jewish community, children and adults alike, has access to the range of social, educational, and religious opportunities that the Washington area has to offer.”

 

Modern Orthodoxy, with its long, impressive history of collaborating with the larger Jewish community, has an unprecedented opportunity to take the lead in the area of inclusion and accommodation of special needs. This willingness to work collaboratively and diplomatically can be useful in helping the community address sensitive issues such as religious and dietary policy in Jewish group residences.

 

[H2] Education of Rabbis, Leaders, and Community Members

 

Pulpit rabbis are often sensitive to the diverse needs of their membership. Yet each rabbi can point to the moment he was “sensitized” to the needs of a congregant he hadn’t previously “noticed.” These needs frequently come up when a family is considering the bar or bat mitzvah of a child with learning disabilities or physical disabilities. One rabbi sheepishly recalls being asked if there were any people in his congregation with visual impairments. He reported that he didn’t think so. When asked if his synagogue offered Braille siddurim or special seating for members with visual impairments, he reported that it did not. He was then asked if he felt there was any connection between the lack of accommodations and the lack of attendance by those with visual impairments. And, as noted earlier, parents of children with autism are often uncomfortable bringing their children into the sanctuary for fear they will be disruptive.

 

While parents are instrumental in educating rabbis, rabbinical seminaries can offer “disability awareness” as part of the rabbinical school curriculum. Rabbi Dov Linzer, Rosh Yeshiva and Dean of Yeshivat Chovevei Torah Rabbinical School in Manhattan, recently brought the entire rabbinical school graduating class to a community-wide inclusion conference, held at the JCC of the Upper West Side of Manhattan. Linzer reports that the education of rabbinical students was encouraged by Shelly and Reuven Cohen, Manhattan residents, who had spent years seeking and developing educational and camp programs for Nathaniel, their son with special needs. When Nathaniel died, the Cohens approached Rabbi Linzer about possibly funding a program in their son’s memory, with the goal of training rabbis about developmental and physical disabilities. This program is now part of every YCT student’s rabbinical education. These rabbis will surely go out to their respective communities more knowledgeable and more sensitive to people with a wide range of special needs.

 

[H2] Ongoing Congregational and Communal Self-Assessment

 

Each synagogue has an opportunity and a responsibility to determine whether it is doing enough to meet the needs of people with special needs. This may involve surveying members as to their unique needs and assessing accessibility in their synagogues—from entrances, to the women’s section, to the reader’s desk.

 

[H1] Conclusion

Meeting the needs of those in our community with special needs involves a sincere belief that all Jews are created beTselem Elokim, and that each person has a right to respect and full inclusion in our communities. The Modern Orthodox community is in a unique position to champion efforts, within our synagogues and within our communities, to expand educational and socialization efforts. It is not our job to complete the task—but neither are we free to desist from it!

 

 

 

Agents of Social Change in Israel

 

 

   Rabbi Chaim Meimran, born and raised in Kiryat Gat, sees himself as an agent of social change within his community and within Israeli society. He is the founder of the Social Yeshiva High School in Kiryat Gat and after two years of study in the Merhav-Rabbinic Leadership for Social Change program at Memizrach Shemesh, he decided to introduce a Social Justice curriculum and rewrite the mission of the school to include an emphasis on the Jewish social values of solidarity and justice. These changes to the school are especially important in Rabbi Meimran's community where poverty and social inequalities are prevalent. Rabbi Meimran enjoyed his experience in the Merhav program. "Studying at Memizrach Shemesh made me look at my role as a Rabbi through a different prism; I understand now the important responsibility I have towards my community."

   Rabbi Memiran is one of many Israelis who have been inspired by Memizrach Shemesh, the Center for Jewish Social Leadership based in Jerusalem. Since 2000, Memizrach Shemesh has promoted a language of Jewish social responsibility in Israel. The Center, inspired by Mizrachi and Sephardi Jewish experience, philosophy and commentaries, trains social activists and fosters leadership that is committed to the Jewish values of social responsibility and community action. The aim of the Center is to strengthen a Jewish identity in Israel that emphasizes social values; by placing these values of communal responsibility and tikkun olam (repairing the world) at the center of Jewish identity, Memizrach Shemesh graduates will work to mitigate social gaps and at the same time reduce ideological polarization within Israeli society.

   Eli Bareket, Executive Director of Memizrach Shemesh, says that this emphasis on social values is imperative for the future of Israel. "The work we do can have a significant effect on the way Israeli society deals with social challenges like poverty and inequality; we have the opportunity to make a change using Jewish text study as our tool."

   The learning methods employed at Memizrach Shemesh are based on individual journeys and the use of personal stories in a Beit Midrash setting. Memizrach Shemesh participants meet weekly to study Jewish texts relating to social issues such as poverty, racism, inequality, education policy, community organizing and empowerment. Each session begins on a personal note, followed by Jewish text study and ending with a current event related to the social issue learned. The center initiates programming for rabbis, youth, students, educators, parents and activists.  Many Memizrach Shemesh alumnae continue on to become leaders within their communities:  on campus, in Israel's geographic or economic periphery and in the Israeli public school system.

   The Center's curriculum puts a special emphasis on Jewish texts, commentaries and responsa of Sephardic Rabbis. The philosophy and writings of these Rabbis are significant, because of their dynamic and fruitful encounter with modernity and assimilation, an encounter that was drastically different than the strict dichotomy between religious and secular that was evident in Ashkenazi Jewish communities following the Emancipation in Europe. This tolerant and inclusive Judaism has a lot to contribute to Israeli society today. The tools these rabbis used to deal with the challenges of assimilation and social conflicts within their communities can serve as a guide for Israeli society and Jewish life in the 21st Century.

    Memizrach Shemesh recognizes the increased need for Jewish social justice learning in Israeli society today. Every year the Israeli Social Security Authority announces that there are more and more families living under the poverty line. Also, there are growing ideological gaps between religious and secular Jews. If more Israelis connect to the idea that the guiding principles of Judaism are those of solidarity and justice, Israeli society can be unified and strengthened. With the help of Rabbi Meimran, his colleagues and many other Memizrach Shemesh alumnae, we envision a future of peace, unity and strength in the State of Israel.

 

For more info on Memizrach Shemesh, the Center for Jewish Social Leadership in Jerusalem, visit www.mizrach.org.il

 

 

 

 

In the Synagogue: Navigating between Halakha and Women's Participation

 

 

 

 

                        In the spring of 2003, a handful of young people in Cambridge, Massachusetts, who regularly attended the only Orthodox minyan in town, were looking for a change. I was among them, and like the others  who had attended Darkhei Noam in New York or Shira Hadasha in Jerusalem, I was inspired by the possibility of praying in a minyan that was grounded in a commitment to halakha, but that created a prayer space that  belonged to men and women alike.

Prior to our first prayer together, it was unclear how many people would show up, or how long the minyan might continue to function. Today, six years later, Minyan Tehillah is still around, and has continued to go strong ever since. As testimony to its feeling of permanence, the board conducted its first survey in the spring of 2008 in an effort to gain insight into who Tehillah’s members are, what they like about the minyan, and in what areas they would like to see the minyan grow. The first part of this article draws on the survey results to provide a demographic description of the minyan, while the second part of the article discusses a number of challenges Tehillah faces as a minyan that works to negotiate a delicate line between Orthodoxy and feminism.

Tehilla’s adult members number approximately 100, with slightly more marrieds than singles. Our minyan is relatively young, with the bulk of our members—some 70 percent— being between the ages of 26 and 34. Among the married people, about two-thirds have children, the overwhelming majority of whom are ages three and under. Tehillah holds services two Shabbat mornings a month and one Friday evening a month. We meet in a variety of spaces, which we rent from established Jewish institutions in Cambridge. Our decision not to meet every Shabbat is a pragmatic one as well as an ideological one. On the pragmatic side, it takes tremendous energy to organize a service each time we meet. This is in part due to the fact that we are a lay-led, relatively transient community, and in part due to the fact that we are thinly spread across Cambridge, with very few people living close to the synagogue where we generally meet on Shabbat mornings. In fact, the majority of our members live over a mile-walk away from this locale. Because we do not begin the Shaharit service without the presence of both ten men and ten women, each time we meet we work to get a commitment from twenty people to arrive on time—a difficult task, given the distance combined with the fact that a large portion of our minyan is composed of young families.

But there are also social and ideological reasons for not meeting each week. The Tehillah community overlaps very strongly with several other prayer communities in town. Indeed, almost all of our members regularly attend other minyanim in Cambridge on the weeks that Tehillah does not meet. The strongest overlap is with the Harvard Hillel Orthodox Minyan, and the next strongest overlap is with Cambridge Minyan, which is traditional-egalitarian. One of the reasons people are satisfied with Tehillah meeting only every other week, is because they are loathe to give up their connections with the other prayer communities to which belong.

Although Tehillah was started by a group of people who all identified as Orthodox and were all committed to a feminist mission, it has filled other sorts of religious and social needs as well. First, the spirited and intentional tefilla is one of the attractions of Tehillah. From the minyan’s inception, great effort has been placed on creating a spiritually uplifting service; led by hazzanim who are well-prepared, who engage the kahal with lively tunes, and who lead the service with seriousness of purpose. Secondly, the minyan fills an important demographic niche in Cambridge for people who are no longer students or for those who want to be part a prayer community that is not affiliated with the university, but is their own. More than that, Tehillah is a creative project, run by people with tremendous energy, commitment, and imagination. In this sense, it offers a place for religious expression that is fresh, relevant, and meaningful—an aspect of tefilla that often feels absent in well-established and structured institutional life.

In short, Tehillah fills a number of complex needs for the variety of people who attend. It is a warm, open social space, which provides an environment that bridges the long-standing traditional American religious divide between Orthodox and Conservative. Yet, despite this innovation, Tehillah is also quite conservative (with a lowercase c). We have developed our own set of customs, and are relatively resistant to change. As a community, we are focused primarily on the prayer service itself, with almost no emphasis on social justice programs, or social events not linked to prayer.

With this background, I will turn now to discuss three of the pressing issues and challenges that the minyan currently faces. Perhaps the most complicated issue among them are questions surrounding halakhic authority and religious decision-making. Like other minyanim that are working to negotiate the difficult relationship between halakha and feminism (and which have been classified by the Jewish Orthodox Feminist Alliance as “Partnership Minyanim”), Minyan Tehillah has not been sanctioned by widely recognized religious authorities. There are, of course, rabbis with Orthodox semikha who do support minyanim like ours, but they are on the margins of what is widely considered to be the Orthodox establishment. For this reason, some argue that it is illegitimate for us to call ourselves—or even think of ourselves—as Orthodox. “And why bother?” they may press, “Just join the Conservative movement; women can lead davening there.”

I propose a two-part answer to this challenge. First, it is not un-Orthodox to address the spiritual needs of women—needs that are inherently defined by the cultural and social contingencies of time and place; that is to say—needs that are very different today than they were in the past. Secondly, what we have consciously done at Tehillah is to separate between contemporary Orthodox institutional life—on the one hand—and the Orthodox halakhic process on the other. While we may be marginalized from the first, we understand ourselves to be squarely within the parameters of the second.

This approach helps to resolve the angst—at least for some of us—surrounding questions about the legitimacy of our work. But it still leaves us with a very practical set of problems. How should ritual decisions be made, and who should be invested with the power to make such decisions?

Classically, a community brings its religious questions to its rabbi. In our effort to address the spiritual needs of women, however, we are acutely aware of the fact that we are living in a time when women are able to receive the same level of religious education and knowledge as men, in institutions that are sanctioned by the Orthodox establishment. Yet the title Rabbi comes from passing an exam that women are simply not allowed to take.

There is a logical inconsistency here, which I believe has led to some loss of credibility for the office. We cannot help but ask: What does it really mean to be a halakhic authority and a community’s religious leader? And if it need not necessarily be a Rabbi whom we turn to, then who, and based on what criteria? These are serious questions that we face at Tehillah and for which we have not yet come up with a definitive answer.

Along these lines, there is another more subtle and vexing problem: One of the reasons that Tehillah is such a success is because it offers a prayer service that people refer to as meaningful. This is in contrast to a sense that can pervade established religious institutions, where the service may feel stale and impersonal. I think it is not a coincidence that at Tehillah the quest for personal relevance in tefilla is accompanied by a desire to be involved in the process of religious decision-making. Rather than handing over this responsibility to a religious authority who does the work and then provides an answer that must be passively accepted, there is an interest in being actively involved in the process: in the learning, understanding, and questioning that goes on when a halakhic decision is made. This approach calls for a new model or new way of thinking about religious authority.

The second pressing issue that Tehillah faces is that of gender, and its place in the service. Currently, gender plays a strong role in Tehillah. A mehitsa runs down the middle of our sanctuary, and we do not begin the service until both ten men and ten women are present. Women and men alike may receive aliyot and read from the Torah, however, when a woman is slotted to read from the Torah, only a woman may be called up for that aliya, and vice versa. In all of these examples we might say that male and female are separate but equal: The gender category is preserved, while still allowing both men and women to be full participants in the tefilla.

In the critical area of leading the service, however, this is not the case. Women are permitted to lead parts of the service, but not all, whereas men are permitted to lead all. For me, this difference is palpable each time I lead pesukei deZimrah for the congregation. When I get to the last paragraph, I cannot help but grapple with the fact that a man will—and must—take over from me because as a woman I may not lead Shaharit, although this same man may have led pesukei deZimrah in place of me. This transition is a difficult point in the service because it raises questions about what we are ultimately looking for. Are we looking to find a halakhic way in which women, like men,  can be full participants in all parts of the service? That is to say, are we working toward erasing gender as a category? If this is the case than the current form of our service appears to be only one step towards fully egalitarian roles in the synagogue. Or are we looking to keep gender as a salient aspect of our prayer experience. I would suggest that some of us (myself included) do want to recognize our femininity (or masculinity) as an essential aspect of the way in which we address God and come together as a community. In this case, the key question is whether we might occupy the synagogue as women (or men) and pray as women (or men), while simultaneously being fully integrated in the synagogue service, and remaining within the parameters of halakha.

The third pressing issue facing Tehillah is the question of the minyan’s sustainability and the place that it occupies within the wider Jewish world. We currently rent space from established institutions at a very low rate and we have no salaried staff. These factors allow our membership dues to remain nominal—which is critical for our relatively young, transient population.

The result of such low financial stakes is a tremendous amount of freedom and independence in making decisions and running our organization. On the other hand, this leaves us in a childlike position, where we are drawing on the larger local community’s resources without being full contributors. And as long as we remain in this position, our feminist, Orthodox project cannot be fully realized. Right now there are some ten to fifteen Partnership Minyanim across the globe, but they are mostly all in urban centers and college campuses. I ask myself every Shabbat—where is my family going to pray if and when we leave Cambridge? For our project to be taken seriously, and for it to expand beyond the centers that it now occupies, we need institutional backing, educational resources, and professional leadership. As we move forward, the challenge will be to build and maintain communal infrastructure while still remaining fresh, innovative and meaningful.

 

 

Orthodox Singles: Breaking Myths

Orthodox Singles: Breaking Myths (or: The "Shiddukh Crisis" Revisited) [i]

 

 

I'm smart, successful at my career, and fun to be with. I've worked out many of my "issues" in therapy. Here I am, eminently eligible and ready for a relationship, but somehow all of the guys I meet just aren't there yet. I feel like prescribing them a course of therapy, life-skills, and relationship-skills, and telling them to return in a few years, though hopefully I'll have found someone by then…

Sarah, age 27

 

I really want to get married and build a "bayit ne'eman b'yisrael" and all that other good stuff, but sometimes life gets in the way. I'm struggling really deeply with my conflicting sexual and religious needs, while trying to move forward in my career, and still make it to minyan—all this under the watchful and critical eye of my parents and community. Spending Shabbat with my parents is the opposite of relaxing. I wonder whether they would have gotten married as young and as happily as they did had they had the same challenges to contend with when single as I do.

Avi, age 31  

 

I hesitate to take up my pen and write about the broad topic of Orthodox singles. It's a topic on which much ink has been spilt and to little effect. I generally confine myself to the topic of singles and sexuality/religious conflict, which has been much less explored and where there are perhaps more constructive things to be written. However, I want to write briefly about some of the broader challenges faced by singles and by the Orthodox community. The issues are manifold and complex—spanning the religious, psychological, phenomenological, existential, physiological, and halakhic realms, among others—and my goals are limited. If I can succeed in making you question your assumptions about singles, or in breaking some of the myths that you hold dear, and shaking your sense of certainty about anything relating to singles and their place in the community, then I will have done enough. Deconstruction is easy compared to reconstruction, but it often needs to come first—I leave the rebuilding to the future.

We often hear mention of the "Shiddukh Crisis" or "Singles Problem" that currently plagues the Orthodox Jewish community. Various groups, organizations, synagogues, and individuals have given much thought to finding the "solution" or a range of "solutions" to this "problem." I don't want to enter into the fray of searching for solutions, partly because some of the "solutions" I've seen have been worse than the problem itself and have augmented the problem rather than solving it, and partly because I disagree with the entire construct of problem-solving that has been set up around Orthodox singles.

Let's start with some definitions: Many today would define the "Shiddukh Crisis" as the fact that today, more than ever before, large numbers of Jews are remaining single for longer, marrying later, or not marrying at all. This definition assumes that the mere status of married or unmarried is how we define success, and the quality of a person's married or single life doesn't matter to us. For many people, the "Singles Problem" is something that needs to be solved simply by getting everyone married as quickly as possible.

I want to suggest a different definition of the "Singles Problem": the crux of the crisis is, on the one hand, deeply personal, surrounding the individual issues that prevent people from either desiring or achieving a meaningful and committed relationship. And on the other hand, there is a wider communal dynamic in which the Orthodox community simply doesn't know how to include the unmarried individuals in its midst and often alienates singles, forcing them to either form their own singles communities or to leave Orthodoxy.

In this article, I want to focus on the intersection between the single and the community and on some of the myths that prevent mutual understanding.

 

Beginning the Myth-Breaking

The line between straining at truths that prove to be imbecilically self-evident, on the one hand, and on the other hand tossing off commonplaces that turn out to retain their power to galvanize and divide, is weirdly unpredictable. In dealing with an open-secret structure, it's only by being shameless about risking the obvious that we happen into the vicinity of the transformative….

Eve Kosofsky Sedgwick, Epistemology of the Closet, p. 22

Before we can move toward a productive conversation about singles and their place in the community, I need to clear the ground from some of the many and often contradictory myths that currently prevail regarding singles. The very act of generalizing—of making statements that are relevant to "all singles" or "everyone"—does violence to the individual and his or her experience. Individuals come in different shapes and sizes; physically, emotionally, intellectually—and they relate differently to this period in their lives. We simply can't make any general assumptions about people.

I have chosen five common myths that I want to break systematically, though there are many more. I begin with the sexual realm because I think that it is the proverbial  elephant in the room, which often hovers in people's consciousnesses but is not mentioned in polite conversation. Since halakha does not permit pre-marital sex or any physical contact with the opposite sex (“negiah”), singles either are not sexually active, or their sexual activity is illegitimate. Therefore, they are either grappling with sexual denial or repression, or they are violating the halakha. Either way, their situation is one that the wider community cannot easily identify with. The prevalence of assumptions and dearth of real information about people's sexual beliefs and practices—the confusion between myth and fact—may contribute to suspicion mixed with awkwardness in interactions between singles and members of the wider community. In this vein the myths can be especially damaging.

 

Myth #1: Everyone is "shomer negiah" /No one is "shomer negiah."

These myths, though they contradict each other, are both quite prevalent within the Orthodox community. Each comes from a totalizing perspective that seeks to reduce all singles to the same experience so that we don't need to give the matter further thought. If all singles are shomer negiah, then the system works—everything is fine, there is no conflict to be reckoned with, and we need not concern ourselves with the personal toll that this halakhic observance may be having upon the individual. On the other hand, if no singles are shomer negiah, then there is also no conflict—singles simply don't care about the halakha and thus they aren't part of the community. Each of these totalizing perspectives is detrimental and each ignores the uniqueness of the individual and the fact that people are different and that they cope with singlehood in different ways.

Although sex and sexuality are universal phenomena, they are experienced differently by different individuals and even by the same individual in different stages of life. For some, sexuality is a major challenge during the single years. For others, sexuality is a non-issue, or a minor issue. Some observe negiah with ease, others with difficulty, others not at all. Some are shomer negiah in some relationships and not in others or with some people and not with others. For others, the status changes with time. The endless permutations make stereotypes worthless. There are people who don't look the part who are completely shomer negiah, and people learning in yeshiva who visit prostitutes. A friend of mine recently asked two male friends of hers, of similar age and profession, what they were looking for in a wife in terms of her sexual experience—the answers they gave were diametrically opposed. One would only date women who had never touched men, because "If I waited, why couldn't she?" and the other would only date women who had had some physical contact with men, because, "I don't want someone who's not having sex just so that her ketubah [marriage contract] can say betulah [virgin] (which it can either way)." Leave the stereotypes behind and look at the person who is facing you.

 

Myth #2: Anyone who engages in premarital sexual activity is totally fine with it.

This myth is particularly damaging because it allows us to ignore the pain and conflict that many Orthodox singles are experiencing. Although there are certainly singles who are not conflicted about their premarital sexual activity, all of the singles with whom I have spoken have struggled very deeply with these issues—either overtly or beneath the surface—and while some eventually made their peace with the choices they made, others continue to struggle.

An extension of this myth is that those who engage in premarital sexual activity simply don't care about the halakha. Most of the singles that I have spoken with cared deeply about the halakha, and it was precisely because they cared so much about the halakha that they were thrown into such a deep existential conflict in its violation. However, the guilt surrounding premarital sexual activity is not purely due to halakhic violation. For many people feelings of guilt are a complex combination of many factors, the halakha being one, and communal or familial expectations and social pressures being another. For women especially, society’s double standard of sexual behavior adds onto the halakhic layer the feelings of being “damaged goods” once one engages in premarital sexual activity, and raises questions about one’s larger identity as a good girl, a good person, and a good Jew. Even those singles I spoke with who chose to leave the halakhic lifestyle retained a lingering sense of guilt and discomfort about their decisions in the sexual realm.

 

Myth #3: Singles are happy the way they are—they don't want to be part of the "broader Orthodox community."

“Community” means different things to different people. Here I am using this term in an intentionally ambiguous way, though on a basic level I am referring to the community that forms around a synagogue or a neighborhood. In either case, families are generally the building block of the community. Depending on the specific community, singles may have formed their own minyan, or in places with fewer singles, singles may be either invisible within the communal framework or may be full members of the community.

If we take this myth in the specific context of the community that forms around a synagogue, then the exact opposite is often true as well: Many singles feel so alone and isolated that they are often thirsting to be a part of the larger community, if only the community would let them. Especially in the absence of a spouse—who, among other things, provides a regular companion for Shabbat meals—singles often appreciate the sense of belonging or of being part of something larger than oneself.

However, not all singles want to be involved in the community to the same extent, and the community should be sensitive to the range of needs that individuals might have. Some singles might appreciate an invitation to a Shabbat meal, others might appreciate being set up, others might just want a smile and greeting after prayer services, and others might want a more active role on the synagogue board or on various committees. And beyond these concrete actions, there is the ineffable; the sense you get when the person in front of you is being perfunctory in conversation, scanning the room for someone else to talk to, the sense you get when "How are you" is a statement rather than a question. Married people: Be open to singles the same way you would be open to a new family that joins your community, and allow the situation and the person standing in front of you to guide your actions.

 

Myth #4: Any attempt on the part of the Orthodox community to grapple openly and deal seriously with the challenges and conflicts that singles face will help to legitimize perpetual singlehood and make singles even less likely to marry.

In 2009, when the numbers of unmarried Orthodox Jews in their twenties, thirties and forties have reached an unprecedented high, and when the percentage of Jews who end up never marrying is increasing, failure to confront the issue constitutes an act of burying our heads in the sand, and further alienating those singles who remain part of the Orthodox community. At this point, the question of legitimization of singlehood is almost moot, as the numbers speak for themselves, with the message that people are remaining single, with or without such legitimization. We as a community need to get over the fear of raising questions, and singles are just the tip of the iceberg here.

Several years ago, when single, I was part of a committee of both married and single individuals (which included rabbis and communal leaders) that was dedicated to thinking through the "singles problem" and trying to offer "solutions." Even after a couple of years of conversations, and countless suggestions, this committee was not able to take any definitive steps. We had finally realized the complexity of the issues involved and realized that the proposed “solutions” were merely band-aids that didn’t get to the heart of the problem. At one point this myth surfaced and the committee began to question its existence—was the very fact of our open conversation going to somehow legitimize singlehood? Aside from the fact that none of this committee's deliberations were public, I felt impelled to point out in an email that, "To assume that communal pressure [for marriage] will help the matter is misguided…. Please trust me when I say that no amount of communal acceptance and welcome will ever make any of us forget that we are not your ideal and never will be until we are married with children" (1/2/05).[ii]

Sylvia Barack Fishman puts the issue in more extreme terms, which are perhaps reflective (or perhaps not) of the threat that the community construes in its singles:

The question facing Orthodox communities today has some similarities to Jewish communal questions about how to treat intermarried families: Outreach activists urge inclusiveness—"why not accept the singles community as it is"—while others counter that total inclusiveness would be tantamount to legitimating singleness as an alternative lifestyle for Orthodox Jews. Thinking about the treatment of Orthodox singles thus demands coming to terms with deep philosophical, sociological, and communitarian issues. (Gender Relationships In Marriage and Out, p. 111)

Perhaps the extremity of the comparison is illustrative of how deeply threatened the community feels by the existence of singles.

 

Myth #5: The sexual restrictions of yihud and negiah have the teleological purpose of ensuring that people have only one sexual partner in life (namely, their spouse); these halakhot are rooted in an awareness of the psychological and spiritual damage that even casual premarital physical contact can cause.

This myth is perhaps the most detrimental myth of all, in that it breaks out of the communal sphere and speaks to each and every single who has ever had even accidental physical contact with a member of the opposite sex, and tells them that they will suffer for this act and it will impact their ability to form a happy marriage; how much more so the individual who has had intentional sexual contact. This idea comes from those popular Jewish authors who, in their quest to convince teenagers to become shomer negiah have—without any use of Jewish texts and sources—read their own pop-psychology into this law.

Although I cannot fully break this myth in the context of the present article, suffice it to say now that the existence of biblical polygamy, concubines, and prostitutes— categories that are all difficult to reconcile with Judaism as we currently live it—and, on a more normative plane, the encouraging of remarriage for those who have been widowed or divorced, serve to dispel the notion that lifelong monogamy is the root of these prohibitions. There is no authoritative source that I am aware of that discusses the psychological or spiritual damage that will ensue upon violating these restrictions, any more than the spiritual damage that results from any sin, and that can be healed through repentance. In fact, a cursory reading of Maimonides (Hilkhot Issurei Bi'ah, chapter 21) and the Shulhan Arukh (Even haEzer 25, Orakh Hayim 240) reveals a very different root to these prohibitions, which is perhaps more disturbing to our modern sensibilities; namely, a striving for asceticism, even within marriage![iii]

To promulgate myths of this nature under the banner of "Judaism," "Torah," and "halakha" has a detrimental effect because it compounds the guilt and anxiety of many singles who are committed to Judaism but for psychological, emotional, or physiological reasons are not observing all of the sexual restrictions mandated by halakha. Although there is certainly value in encouraging abstinence among teenagers, we cannot achieve this at the price of being dishonest about Judaism and halakha.

A corollary of this myth is the assumption that there is no difference between teenagers, and those in their twenties, thirties, and forties who are single. Not distinguishing between adolescent sexuality and adult sexuality reflects a failure to see singles as adults who, among other characteristics, are also fully developed sexual beings, with needs and desires that are substantively similar to those of their married counterparts. There is nothing natural about being a “40-year-old-virgin”—and the halakha itself recognized this and therefore encouraged early marriage. Even if halakha today constrains us from endorsing premarital sexual activity, we as a community need to adopt a more empathetic and understanding stance to those who engage in it; the thirty-year-old woman who is physical with her serious boyfriend is different from the adolescent whose hormones have overtaken him. It is time we stop infantilizing singles under the banner of halakha.

***

   The topic of singles in the Orthodox community is complex and is comprised of many different issues and questions, which are often lumped together into the same category. There are the personal crises that individuals are forced to navigate, the interpersonal issues involved in the process of seeking out and building intimate relationships, the family dynamics that arise during singlehood and the wider communal issues, as well as the religious and sexual issues, to name but a few. We are still a long way from fully understanding any of these issues, let alone knowing how to address them. However, I hope that this exercise in myth-breaking will have helped clear the way toward increasing understanding between singles and the broader community and toward opening the conversation.

 

 

 

[i] I want to thank my husband Pinchas Roth and my friends Jessica Sacks and Aliza Weinstein for their helpful comments on this article.

[ii]  This email was picked up upon by Professor Sylvia Barack Fishman in her article "Perfect Person Singular" in the Orthodox Forum volume Gender Relationships in Marriage and Out (ed. Blau, Yeshiva University Press, 2007),  94. See the continuation of my email and her analysis on pp. 98–99.

[iii]  No rationale for the premarital sexual restrictions that I’ve heard so far has been wholly satisfactory. I therefore believe that the best reason to provide for observing the sexual restrictions is because the halakha commands us to do so.

With regard to the asceticism which the Rambam and Shulhan Arukh would advocate even within marriage, the tension here between the truth of the sources and the modern ethos of what we want the sources to be saying is partially addressed by Rabbi Aharon Lichtenstein's article "Of Marriage: Relationship and Relations" (in Gender Relationships in Marriage and Out).

The Mehitsa and Yirat Shamayim

 

               

The primary source for the requirements of a mehitsa is a Mishna in Middot, the tractate that deals with matters relating to the Temple parts, structure, and measurements. Middot literally means “specifications.” The fifth Mishna in the second chapter of Middot tells us that the women’s chamber in the Temple, the ezrat nashim, was quite large: 135 cubits in length and 135 cubits in breadth. The Mishna goes on to say that the chamber had originally been bare, but then a balcony was added so that women could look out on the proceedings from above while the men were below. The purpose of the balcony was to prevent the mixing of the sexes.

In the context of the Mishna’s discussion of Simhat Bet haShoeiva—the great evening rejoicing that began on the second night of the Sukkoth festival—Rabbi Elazar elaborates on the decision to make what was a major structural change to the Temple, and one that could have been the source of controversy (Sukkah 51b). The Temple’s measurements had been divinely ordained, and the original “spec’s” did not provide for a balcony. How then could its incorporation be justified?

The Talmud tells us that initially the women’s chamber had been inside that of the men’s area, but there was too much frivolity taking place. It was therefore decided to place the men in the interior chamber, and the women in the exterior area. Unfortunately, the frivolity continued.

So the structural alteration was made, women were placed in the balcony, and the frivolity ceased. Nevertheless, how could the change have been sanctioned? As was their wont, the rabbis found a scriptural source. Zekhariah 12:12 speaks of the mourning in Jerusalem, mourning that is interpreted to be for the death of the Messiah son of Joseph (who precedes the Davidic Messiah). Zekhariah states that in each family the men and women would mourn separately. And so, the Rabbis concluded, if the prophet decreed that men and women mourn separately at a time when there would be no yetzer hara/evil inclination—which will not exist in the days of the Messiah—certainly while the evil inclination continued to thrive, men and women should be separated in the Temple precincts.

The Rambam, in his great work, the Yad haHazakah, provides an additional sense of context in the eighth chapter of the laws of Lulav (halakha 12). He states that “on the festival of Sukkoth there was a surfeit of joy, as it is written, ‘you shall be joyous before God your Lord seven days.’” He then points out that on Erev Sukkoth a balcony was erected to prevent the mixing of the sexes, and then they began to rejoice.

It was therefore in the very special context of extreme rejoicing—and we know that in such circumstances many people can lose their self-control-- that the mehitsa was called for. In other words, even as people rejoiced, dignity had to be maintained.

Why? Because the passage tells us u’smahtem lifnei hashem Eloheikhem. This was no ordinary party. This was a rejoicing before God. And before Hashem, yirat shamayim, fear of Heaven, is paramount, and extreme behavior of any kind is discouraged.

A mehitsa is not meant to wall off women. It is not a sign that men and women cannot mix, any more than discouraging drinking in a Bet Midrash is a sign that people cannot drink. It is, however, a reminder that there are places where the sexes can mix, outside the Bet Midrash, in a Synagogue lobby for example, and other places where such mixing is inappropriate.

But a mehitsa is still more than that. We learn in Tehillim, Psalms, “ivdu et Hashem beyirah, vegilu b’re’ada,” “serve the Lord with fear, and rejoice with trembling” (2:11). That was what was behind the Temple balcony. The mehitsa is in fact the embodiment of the concept veYareita meElohekha, “and you shall fear your Lord.”

The Torah uses the phrase veYareita meElohekha in five passages, all in Leviticus. In every case the phrase relates to man’s behavior toward his fellow man, and warns man not to dissemble or dissimulate, because God is watching, and one must fear God.

Perhaps the most widely known example is that of “lo tekalel heireish v’lifnei iver lo titein mikhshol,” “do not curse the deaf and do not place a stumbling block before a blind man” (Lev. 19:14), the latter part of the verse meaning that one should not trick the guileless or the innocent. But the other verses involve the same principle: do not pretend not to see an older man standing or to ignore the presence of an elder (“mipenei seivah takum”); do not charge any form of interest, including that which is not clearly identified (“al tikah me’ito neshekh v’tarbit”); do not hurt one’s sensibilities and pretend not to realize what has been done (“lo tonu ish et amito”); do not overwork a slave and pretend your action was inadvertent (“al tirdeh bo b’farekh”).

When my parents, zikhronam livrakha, would praise someone, they would call him a yerei shamayim, one who fears Heaven. Not “frum,” not one who buys the biggest etrog, lights the most elaborate hannukiya, has the fanciest seder plate—but one who fears God. A yerei shamayim is one who is sincere, and respectful of time, of place, and of people.

The mehitsa does not separate the sexes, it separates the synagogue from other places. It tells us that our everyday business stops at the synagogue’s entrance. The mehitsa has become an outward sign of Orthodoxy. But it connotes far more. For a mehitsa does not merely regulate those behaviors that we term bein adam laMakom. Instead, and on the contrary, the mehitsa signifies the essence of yirat shamayim, the fear of Heaven, and reminds us whenever we see it that the fear of Heaven can only be realized when man is meticulous bein adam leHaveiro, and comports himself properly and ethically with his fellow man.

 

The Music of Chance: On the Origin of Species from a Jewish Perspective

The title of this article, “The Music of Chance,” comes from a novel by Paul Auster, although that is the article’s only link to the novel. I chose this title because I would like to convey the message that even though life developed on Earth as a result of chance (as well as of necessity), which is one of the major tenets of the modern evolutionary theory, this fact should not scare us, as observant and devoted Jewish people. Randomness is entirely consistent with biblical and rabbinic sources. However, we should rethink our views on creation of life and humankind.

Chance occurs in the evolution of life at different levels. On the cellular level, the sorting of paternal and maternal chromosomes is an instance of randomness. At the molecular level, mutations take place in the genetic material (DNA or RNA) either spontaneously, during its replication, or due to external causes, such as radiation or chemicals. Moreover, genes or entire parts of chromosomes may recombine. These are random events because there is no way to predict them. Only their frequency could be estimated, but not the exact place where the mutation or the fusion between different DNA segments will occur (unless artificially induced). These kinds of events are routinely observed in any laboratory of molecular biology all over the world.

On the macroscopic level, chance (or, as it is often called, historical contingency) occurs in the environment in which living organisms are found. Natural catastrophes such as earthquakes, floods, meteorite impacts, and so on are the most dramatic events. But there are other, less spectacular instances that could be random, such as the migration of a small, particular group of individuals into an isolated place (genetic drift). These contingent events could direct the evolution into one direction instead of another.

An important point should be stressed. All these changes, at a genetic level as well as at a macroscopic one, are not to be considered accidents that it would be preferable to avoid. The opposite is true. If the DNA replication machinery were extremely defective, by inserting many errors in each cycle of replication, then life could not be perpetuated; however, on the other hand, if the same mechanism were absolutely perfect, no evolution would occur. Genetic shuffling and mutations are the engine that promotes evolution. The same could be said regarding environmental changes. A fixed ecosystem would not allow the selection of new variants, and thus would prohibit evolution.

Primo Levi, the renowned Italian-Jewish writer and chemist and survivor of Auschwitz, makes a similar point, though in a different context, adding a very stimulating analogy. In The Periodic Table, he speculates on the resistance of pure zinc to chemical reactivity. Here are his words:

 

One could draw from this two conflicting philosophical conclusions: the praise of purity, which protects from evil like a coat of mail; the praise of impurity, which gives rise to changes, in other words to life. I discarded the first, disgustingly moralistic, and I lingered to consider the second, which I found to be more congenial. In order for the wheel to turn, for life to be lived, impurities are needed and the impurities of impurities in the soil too, as is known, if it is to be fertile. Dissension, diversity, the grain of salt and mustard are needed: Fascism does not want them, forbids them… it wants everybody to be the same […] I am Jewish…I am the impurity that makes the zinc react, I am the grain of salt or mustard. Impurity, certainly, since just during those months the publication of the magazine Defense of the Race had begun, and there was much talk about purity and I had begun to be proud of being impure. (P. Levi, The Periodic Table, “Zinc,” translated from the Italian by Raymond Rosenthal, Everyman 1995).

 

What was the Jewish reaction to the theory of evolution, after its appearance in the years 1858 (in a short, joint communication by Charles Darwin and Alfred Wallace) and 1859 (with the publication of Darwin’s 400-page book The Origin of Species? The first important Jewish philosopher who dealt with Darwin was probably the Italian Rabbi and kabbalist Eliyahu Benamozegh (1822–1900). He referred repeatedly to Darwin and to natural selection in a long passage in his commentary to the Torah (Em laMikra, Devarim 22:10, Livorno 1863, pp. 87a–88b). R. Benamozegh highly estimated Darwin, quoting him throughout several of his writings. Although R. Benamozegh did not consider Darwin’s theory convincing, he did not see an essential contradiction between Darwin’s view and the Torah (see Jose Faur, “The Hebrew Species Concept and the Origin of Evolution: R. Benamozegh’s Response to Darwin, La Rassegna Mensile di Israel 63, 3, 1997, pp. 42–66, where the entire passage by R. Benamozegh is quoted in its original Hebrew and in English translation).

Among the not-many Jewish thinkers and rabbis who addressed the theory of evolution, Rabbi Shimshon Rephael Hirsch (1808–1888) wrote that although at that time he did not consider it a solid hypothesis, if science ever did prove the factuality of evolution, it would not pose a problem to Judaism's beliefs [at the end of this article I will quote a remarkable passage from R. Hirsch’s writings].

In the twentieth century, Rabbi Avraham Isaac Kook (1865–1935), the first Chief [DEA2] Rabbi of Eretz Israel, treated evolution in many works and letters, pointing to a general agreement between this theory and the Torah. See, for example, the following two extracts (from “Abraham Isaac Kook on Evolution: How evolutionary theory supports a mystical worldview,” by Shai Cherry, Three Twentieth-Century Jewish Responses to Evolutionary Theory, Aleph: Historical Studies in Science and Judaism, 3, 2003 ):

The theory of evolution (hitpattehut) is increasingly conquering the world at this time, and, more so than all other philosophical theories, conforms to the kabbalistic secrets of the world. Evolution, which proceeds on a path of ascendancy, provides an optimistic foundation for the world. How is it possible to despair at a time when we see that everything evolves and ascends? When we penetrate the inner meaning of ascending evolution, we find in it the divine element shining with absolute brilliance. It is precisely the Ein Sof in actu which manages to bring to realization that which is Ein Sof in potentia. (Rav Kook, Orot Hakodesh II:537)

 

Even if it were clear to us that the order of creation was through the evolution of the species, there would still be no contradiction. We calculate time according to the literal sense of the biblical verses, which is far more relevant to us than is ancient history .... The Torah obviously obscures the account of creation and speaks in allusions and parables. Everyone knows that the account of creation is part of the secrets of the Torah. And if all these statements were taken literally, what secrets would there be? ... The essence [of the Genesis narrative] is the knowledge of God and the truly moral life. (Letters of Rav Kook, Letter 91.)

 

If we now examine the approach of contemporary Jewish thinkers, it could be seen that among religious physicists, not only Jewish, the theory of evolution is often considered to be unconvincing and incomplete. This viewpoint is well described in an excellent paper by Dr. Baruch Sterman:

 

The attitude of people who reject Darwin and his theories usually ranges from condescending dismissal to indignant derision. The tacit respect afforded physics or chemistry (often grudgingly) is conspicuously absent with regard to evolutionary biology. Evidence such statements by the Lubavitcher rebbe [ztzl] as, “If you are still troubled by the theory of evolution, I can tell you without fear of contradiction that it has not a shred of evidence to support it” [Challenge: Torah Views on Science and its Problems, A. Carmell and C. Domb, eds. (Jerusalem: Feldheim, 1976), p. 148]. Even the great advocate of harmony between Science and Torah, Prof. Leo Levi, derides the theory in his discussion of evolution: “Looking at this theory [Darwinian evolution] as an attempt at a scientific formulation, it is very unconvincing, to say the least. Despite the beautiful and convincing descriptions in popular science books and high school texts, with their persuasive pictures, not only is the theory of evolution totally unproven, it is practically disproven” [Leo Levi, Torah and Science, (Jerusalem: Feldheim 1983), p. 105].

Evolution nevertheless evokes a disposition of derision and contempt in religious thinkers, even among those who are generally favorably disposed to Torah uMadda. It is constantly adorned with pejoratives: the “so-called” or “alleged” theory is unscientific, implausible, disproven…

Professor Nathan Aviezer, a physicist at Bar-Ilan University, recently published a book, In the Beginning, … [in which he] has no problem accepting virtually all the regnant scientific theories including the Big Bang theory and the fifteen billion year age of the universe… Prof. Aviezer's tone is markedly different in his discussion of evolution than in the rest of his book. Whereas throughout his work he tries to reconcile regnant scientific thought with the Torah, here he goes out of his way to show that the theory of evolution, at least in its most popular form, is not valid scientifically. One reason for Aviezer's presentation is that evolution is seen as the scientific theory most at odds with Judaism. Many believing Jews are unwilling to accept the notion that there can be compatibility between the two. (B. Sterman, “Judaism and Darwinian Evolution,” Tradition 29,1, 1994).

 

Prof. Aviezer’s case is an interesting one, and he has been attacked from two opposite sides. The Hareidi community could not accept that he, as a religious and observant Jew, wrote that the universe was created billions of years ago, that dinosaurs existed in the past, and that life evolved in some manner. From the other side, he has been very sharply criticized by some evolutionary scientists, such as Prof. Raphael Falk from the Department of Genetics of the Hebrew University of Jerusalem, who wrote that Prof. Aviezer is a “fundamentalist,” writing “pseudo-science,” “manipulating scientific evidence,” “committing scientific rape,” and so forth. (See both authors in Alpayim—A Multidisciplinary Publication for Contemporary Thought and Literature 9, 1994, [in Hebrew]; see also N. Aviezer, “The Anthropic Principle,” B’Or Ha’Torah 17 (5768/2007), pp. 69–84 and especially p. 78.)

The situation is quite different for observant Jewish life-scientists, who are generally much more well-disposed toward the theory of evolution. See for example the following excerpt from a valuable paper by Dr. Carl Feit, Head of Biology Department at Yeshiva University:

 

The theory of evolution … is not a dead theory as some have claimed, but I believe it to be central to the whole enterprise of biology today…[and] stands as the central pillar of modern biology. It provides a way of explaining and predicting scientific results as any good theory should, with thousands of facts as its empirical base. At the moment, there is no alternative or competing scientific theory to explain the phenomena with which it deals…. The theory of evolution is a firmly rooted one, on the level of the theories of quantum mechanics, relativity, electricity and other well established ways of explaining reality. Indeed, the theory of evolution is the scientific theory of contemporary biology. (C. Feit, “Darwin and Drash: The interplay of Torah and Biology,” The Torah U-Madda Journal, 1990, II, pp. 29–30)

 

Or, as Dr. Sterman puts it in the above-cited Tradition paper:

 

Anyone who has ever been instructed to take antibiotics for a full ten days in order to avoid selection of strains that are resistant to the medicine, should be aware of the basic mechanism of Darwinian evolution. That mutations occur and that organisms better suited to an environment are most likely to survive are facts that virtually no one would question or doubt. It is clear that evolution as Darwin described it is currently taking place, continually and consistently.

 

   This favorable attitude of biologists to the theory of evolution, however, is not always well accepted. Recently, a big scandal has arisen around Rabbi Natan (Nosson) Slifkin, the so-called “Zoo Rabbi.” This young England-born Orthodox rabbi, now living in Israel, has become known for his interests in biology and zoology, on which he wrote several books. His works were quite popular in the Orthodox and even the Hareidi world, until somebody discovered in them several concepts that were considered “heretical.” As a consequence, in 2004, between Rosh Hashanah and Yom Kippur, Rabbi Slifkin was requested by four important rabbis of the Hareidi camp to retract his books at once. Since Rabbi Slifkin did not agree with the charge and did not retract his books, the rabbis’ public condemnations were posted on synagogue walls a few hours before Kol Nidre. Eventually, about twenty important Hareidi rabbis in Israel and in the United States put a ban concerning all Slifkin’s books. The ban caused a strong debate, mainly on the Internet, in which rabbis and scholars with different positions participated all over the world. (The entire story and a lot of texts and documentation could be found in Rabbi Slifkin’s website, www.zootorah.com.)

After the ban, Rabbi Slifkin wrote The Challenge of Creation, Judaism’s Encounter with Science, Cosmology and Evolution (Yashar Books, New York, 2006, 2008), which is a revised and expanded edition of his previous work The Science of Torah (Targum Press, 2001—this publisher discontinued distribution of Slifkin’s books after the ban). The Challenge of Creation is an extremely and unusual lucid book on the relationship between Torah and Science in general, and on evolution in particular. It is an invaluable resource on these subjects, certainly the best work after the collective volume edited by Rabbi Aryeh Carmell and Prof. Cyril Domb, Challenge: Torah Views on Science and its Problems (Feldheim, 1976). It is worth to quote the beginning paragraph of Rabbi Slifkin’s book (in the following part of this artoc;e. I will quote several other passages):

 

This book was written for those who are committed to the tenets of Judaism, but also respect the modern scientific enterprise and are aware of its findings, and who are therefore disturbed by the challenges that are raised for their understanding of Torah. It addresses these challenges by following the approach of Rambam (Maimonides) and other similar Torah scholars towards these issues, which, while firmly within the framework of authentic Orthodox Judaism, is not the method of choice in many segments of the ultra-Orthodox community. But many have found that no other approach works as well in solving these difficulties. Other people may not possess as extensive a background in the sciences or may dispute the validity of the modern scientific enterprise. They may therefore simply not be bothered by the questions discussed in this book, or they may have different ways of dealing with such conflicts. Such people are not the intended audience of this book and they are advised not to read it. (N. Slifkin, The Challenge of Creation, p. 11)

 

That the way of thinking in some Jewish environments is not at all favorable to the theory of evolution is well illustrated by an account reported by Rabbi Marc Angel. A ten-year old boy was told by his Torah teacher that dinosaurs never existed. The boy then said to him that he had visited the Museum of Natural History in New York City and had seen dinosaurs with his own eyes. No problem, the teacher said. They were not dinosaur bones, but dog bones that became swollen during Noah’s flood (Marc D. Angel, “Reflections on Torah Education and Mis-Education,” Tradition 41:2, 2008, pp. 10–23; see also the comments in Tradition 42:1, 2009, pp. 108–110.)

            Why is there such a strong resistance to accept evolution by religious believers, even, or perhaps, especially among the educated individuals?

            In order to illustrate where the problem lies, it is useful to make a comparison with another great case of the past in which science and religion came into conflict—the “Galileo affair.” Today, there is no disagreement about the Copernican theory, which Galileo supported and because of which was consequently taken to court by the Church twice, in 1616 and in 1633, until he was condemned to house arrest. From a theological and doctrinal standpoint, it does not make any difference whether the sun revolves around the Earth or the other way. It is an issue that solely concerns historians of science and of its relation with religion. Today, nobody would ever dream of saying that the statement “the Earth revolves around itself and the sun” is incorrect and heretical. Likewise, nobody is of the opinion that the fact that we are no longer located at the center of the universe, but rather on a small planet that revolves around an average-size star in a peripheral area of one out of billions of existing galaxies, should be conceived as a serious problem from a religious point of view.

            Regarding Darwin’s theory of evolution, however, it’s a different story. The problem is still alive. We are not dealing only with the fact that science provides us with a different description from that of a literal and plain reading of the biblical text. If this were the only problem, then, just like we have read differently the (few) biblical references that talk about the mobility of the sun and the fixity of the Earth and interpreted them not literally, so too we could do the same when reading the first chapters of Bereshith that talk about the creation of the world. There are plenty of classical sources that allow a non-literal interpretation of some passages of the Torah. Rambam deals with the allegorical interpretations in several works: see for example in the Guide of the Perplexed, Introduction, and Part II, chapters 25 and 29; Letter on the resurrection of the dead. (For other classical and modern commentators, see N. Slifkin, The Challenge of Creation, chapter 7; Carmell and Domb (eds.), Challenge; Rabbi Dr. Avraham Steinberg, “Creation and the Theory of Evolution,” in Encyclopedia of Jewish Medical Ethics, translated by Dr. Fred Rosner, Feldheim, Jerusalem-New York, vol. I, pp. 151–166).

Why wouldn’t it be sufficient to explain the biblical text in a non-literal way? The problem is that at the foundation of the theory of evolution lies the notion of chance and contingency. These are not the only components; there is also a remarkable amount of “necessity,” yet the aspect of chance is certainly fundamental. To use Stephen J. Gould’s famous image, if we rewound back the film of the history of life on Earth and then play it forward again, we would not get the same film. And we, all human beings, would most likely not be part of this film. In his own words:

 

Let the “tape of life” play again from the identical starting point, and the chance is vanishingly small that anything like human intelligence would grace the replay.

It fills us with amazement (because of its improbability) that human beings exist at all. Replay the tape a million times from the same beginning, and I doubt that Homo sapiens would ever appear again. It is, indeed, a wonderful life.

Consciousness would not have appeared on our planet if a cosmic catastrophe had not claimed the dinosaurs as victims. In a literal sense, we owe our existence, as large reasoning mammals, to our lucky stars. (S. J. Gould, Wonderful Life, New York: W.W. Norton, 1989, p. 14, p. 289, p. 318)

 

On the same line of thought was Jacques Monod, one of the founders of molecular biology, Nobel prize winner in 1965, who stated in his best-seller Le Hasard et la Necessite: “The Universe was not pregnant with life, nor the biosphere with man” (Chance and Necessity, trans. A. Wainhouse, New York: Knopf, 1971, p. 145).

In truth, not everyone agrees with this idea. C. de Duve, a Belgian biochemist, Nobel prize winner in1974, maintains, on the contrary, that the appearance of life and intelligence are ineluctable phenomena, judging by the physical and chemical characteristics of the universe, and that therefore we would have eventually made our appearance on the scenery of the Earth. To Monod, de Duve responded sharply: “You are wrong.”

 

My reasons for seeing the universe as meaningful lie in what I perceive as its built-in necessities. Monod stressed the improbability of life and mind and the preponderant role of chance in their emergence, hence the lack of design in the universe, hence its absurdity and pointlessness. My reading of the same facts is different. It gives chance the same role, but acting within such a stringent set of constraints as to produce life and mind obligatorily, not once but many times. To Monod's famous sentence "The universe was not pregnant with life, nor the biosphere with man," I reply: "You are wrong. They were." (C. de Duve, Vital Dust: Life as a Cosmic Imperative, Basic Books, New York, 1995, p. 300)

 

The same divergence of opinions can be traced regarding the probability of finding life (and intelligent beings) on other planets. If we think that the appearance of life is a coincidental event, a fortunate number that came up in the lottery, then it is very likely that the appearance of life on the Earth is a unique case in the whole universe. If, on the contrary, wherever there are conditions that are similar to those of the Earth, it is probable—or rather, inevitable—that life has arisen on other planets as well (on this issue, see Amir D. Aczel, Probability 1, Little Brown, 1998).

There is no doubt that de Duve’s and others’ (like Simon Conway Morris) opinions pose less questions from a theological point of view: The Creator puts the Universe in motion, in the beginning of time, and life (and Man) will eventually appear. The concept of “eternity of God” actually means that it makes no difference, to the Creator, whether life and Man appear after 10 or 20 or 100 billion years after the Big Bang. God is eternal and is, so to speak, patient. Whenever Man comes, he comes.

On the contrary, the other opinion, shared by Gould, Monod and many other scientists, is not as easily acceptable within the religious dimension. It is no longer enough to claim that God is the primum movens. According to this opinion, giving the world “the first push” and letting it follow its course would not necessarily generate life or humanity. Thus, if we are the fruit of mere chance and contingence, what’s the point of speaking about a Creator? This is indeed a “formidable difficulty,” as B. Sterman says in a note of his Tradition paper (but without dealing with this problem and only referring to Rabbi Jonathan Sacks’ article on evolution in Issues in Jewish Thought, United Synagogue Publication, 1982).

            Is it possible to accept randomness within a religious and, specifically, Jewish view? My answer is: Yes, it is.

            One way to reconcile the idea of a living world (a world that includes humanity) born by chance with a religious view and with the concept of God as Creator may be the assertion that whatever appears to our eyes as accidental, it really isn’t and is in fact “directed” by the Creator. It could be imagined that God sometimes “gives a push” to some meteorite, such as the one that hit the Earth 65 million years ago (specifically, in the Yucatan peninsula) and determined the extinction of the dinosaurs, thus allowing the mammals and, ultimately, humans to take over. We are not meant to know the way God can carry out such a thing. Almost 3,000 years ago, the prophet Isaiah said already: “For My thoughts are not as your thoughts, nor are your ways as My ways, says God” (Isaiah 55:8). Another quotation that is particularly appropriate in this context is from Darwin himself:

 

On the other hand I cannot anyhow be contented to view this wonderful universe and especially the nature of man, and to conclude that everything is the result of brute force…. I feel most deeply that the whole subject [the theological view of evolution] is too profound for the human intellect. A dog might as well speculate on the mind of Newton (Ch. Darwin, Letter to Asa Gray, May 22, 1860)

 

            The idea that what appears as random is in reality guided by a supreme being is followed by a great number of believer and devoted Jewish scientists. They accept evolution as a given, even though they confer a theological explanation to it. A biblical support for this concept is a passage in the Book of Proverbs (16:33): “[When] the lot is cast in the lap, its entire verdict has been decided by God.” On this verse, the Malbim, one of the most important commentators in the XIX century, elaborates:

 

There are things that appear given to chance but are actually providentially determined by God... “the lot is cast in the lap,” hidden from the eye of man, handed over to chance, but nevertheless the eye of God’s providence is displayed in it, and the verdict that the lot brings up is not chance but is from God; just as with the apportioning of the land [see Bemidbar 26:52–56; Talmud, Baba Batra 122a] and so on, where the lot was under God’s providence. (Malbim, Commentary ad loc., transl. by R. Slifkin in The Challenge of Creation, p. 292)

 

The story of Purim is another example of how seemingly random events are, in truth, guided by Divine Providence. The same could be said for Jonah and the terrible storm that came upon the ship he was in.

            However, the idea that God sometimes pulls some strings here and there is not easily acceptable from both a scientific-philosophic and a theological point of view. After all, this way of thinking would not be so different from the theory that asserts that there exists an Intelligent Designer who designed cellular structures and components of biochemical reactions. Scientifically speaking, the Intelligent Design (ID) theory is rejected since it implies the existence of something real that is not explicable in rational terms. Theologically speaking, it is not easily tenable since it depicts a “God of the gaps,” a Creator who is invoked whenever we don’t have a valid scientific explanation, and then becomes unnecessary when the explanation is finally found. Still, it could be argued that the intervention of the Creator is not believable on a cellular and microscopic level (in order to design the bacterial flagellum or the blood-clotting system—two favorite examples of the ID movement), yet it may be so on a macroscopic level (mass extinctions, and so forth). The latter case would be similar to the miracles that the Torah tells about, such as the crossing of the Red Sea and others. This seems to be the way many believer Jewish scientist see the matter, as Gerald Schroeder in his best-seller Genesis and the Big Bang.

            There is a second way to reconcile the idea of chance with a religious view, which seems preferable. A known Midrash by Rabbi Yehudah bar Shimon, interpreting the verse from the Torah “and it was evening, and it was morning” (Bereshith 1:5), states that before the first day there was a “succession of times” (seder zemanim). In response to the question of what God was doing during this primordial time, Rabbi Abbahu replies: “He created worlds and destroyed them, saying: I like this one (world), I disliked the previous ones.” (Bereshith Rabbah 83; see also in Torah Shelemah by Rabbi Menachem Kasher, I, 423). It is true that the Rambam, in the Guide of the Perplexed (II, 30), regards this Midrash as “incongruous” (Pines’ translation; megunne in the Hebrew translation by Ibn Tibbon), because it seems to point at the concept of an eternal universe; however, we may hypothesize that had the Rambam known, as we know today, that the Earth has indeed undertaken several mass extinctions, he would have probably taken R. Abbahu’s statement with more benevolence, as Rabbi Yehudah Halevi in fact did in the Kuzari, I, 67.

Im lo de-mistaphina, I would dare to say that R. Abbahu may be saying that not even the Creator Himself knew, as He began the creation, how it would have turned out. In other words, there wasn’t a completely pre-arranged scheme of the creation; rather, the creation was a sort of “work in progress,” with a development that was also dependent on chance and contingency. When finally, in the last created world (or, if we may, after the last mass extinction), the Homo sapiens makes his appearance, God reveals Himself to him and begins to interact with mankind. God has at last someone to talk to. After all, the history of the relationship between God and Human is that of God seeking Human, who sometimes answers back, and vice versa.

Rabbi Slifkin comments on this Midrash as follows:

 

The “loving deity” clearly manifests His love in more subtle ways than by simply letting everything live forever. Some may still ask how the idea of “trial and error” fits with the concept of a God Who knows the consequences of His actions. Still, it is clear from this Midrash that such was part of the Jewish understanding of God many thousands of years before extinctions were discovered by science. If such phenomena were always our understanding of how God works, then the explanation of the physical mechanisms via evolution cannot be said to challenge religion. (N. Slifkin, The Challenge of Creation, p. 315)

 

            Even the words, which recur several times in the beginning of Bereshith, “and God saw that what He had done was good,” point at this interpretation. This is how the Malbim interprets them:

 

Everywhere in the creation narrative, it concludes with, “And God saw that it was good.” This was meant to emphasize that notwithstanding the fact that each successive stage of creation was yesh mi-yesh [existing from existing], which means that it came about at the expense of the destruction of what had been before—in the pattern of God creating worlds and then destroying them—and all annihilation is evil from the perspective of that which is annihilated, nevertheless, since its purpose was to effect an improvement, a higher stage in creation, it was seen by God as good. (Malbim, Commentary to Genesis 1:4, in Rabbi Slifkin’s translation, The Challenge of Creation, pp. 315–316)

 

Randomness has been discussed by several contemporary observant and religious Jewish

thinkers, as David W. Weiss (see “Randomness and determinism in nature: a consideration,” in his book The Wings of the Dove, Jewish Values, Science and Halachah, B’nai B’rith Books, Washington, D.C., 1987; “Judaism and Evolutionary Hypotheses in Biology: Reflections on Judaism by a Jewish Scientist,” Tradition 19(1), 1981, pp. 3–27). [If I can add a personal note, both Prof. Weiss and the above-quoted Prof. Falk, who has been called a “militant secularist,” were my teachers at the Life Science Department of the Hebrew University of Jerusalem. I report this fact to emphasize how two opposite approaches can be equally reconciled with the theory of evolution.]

A discussion on the “theology of randomness” can be also found in a valuable paper by Dr. John D. Loike and Rabbi Prof. Moshe D. Tendler, together with many other relevant points and references. Specifically, these authors refer to the Ramban and the Netziv and conclude in this way:

 

In short, randomness is not a synonym for atheism and need not conflict with a Torah-based outlook. When evidence of randomness is used to deny the existence of a supreme being, we have a non sequitur that rests on a simplistic understanding of theology, the persistence of which may reflect an antecedent personal belief or bias. (J. D. Loike and M. D. Tendler, “Molecular Genetics, Evolution, and Torah Principles,” The Torah u-Madda Journal, 14, 2006–07, pp. 173–192)

 

The concept of randomness is not at all a new one in philosophy and theology. The Rambam says in his Guide:

 

As for my own belief with regard to this fundamental principle, I mean divine providence [hashgaha elokit, in Ibn Tibbon’s translation], [… it is] nearer than [the other opinions] to intellectual reasoning. For I for one believe that […] divine providence watches only over the individuals belonging to the human species and that in this species alone all the circumstances of the individuals and the good and the evil that befall them are consequent upon the deserts, just as it says: For all His ways are judgment [Devarim 32:4]. But regarding all the other animals and, all the more, the plants and other things, my opinion is that of Aristotle. For I do not by any means believe that this particular leaf has fallen because of a providence watching over it; nor that this spider has devoured this fly because God has now decreed and willed something concerning individuals; nor that the spittle spat by Zayd [Reuven] has moved till it came down in one particular place upon a gnat and killed it by a divine decree and judgment; nor that when this fish snatched this worm from the face of the water, this happened in virtue of a divine volition concerning individuals. For all this is in my opinion due to pure chance [mikre gamur], just as Aristotle holds. […] If, as he [Aristotle] states, the foundering of a ship and the drowning of those who were in it and the falling down of a roof upon those who were in the house, are due to pure chance, the fact that the people in the ship went on board and that the people in the house were sitting in it is, according to our opinion, not due to chance, but to divine will in accordance with the deserts of those people as determined in His judgments, the rule of which cannot be attained by our intellects. (Rambam, The Guide of the Perplexed, II, 17, transl. by Sh. Pines, The University of Chicago Press, 1963) [This passage should be read in conjunction with chapter 51 of Part III, in particular the passage beginning with: “A most extraordinary speculation has occurred to me just now through which doubts may be dispelled and divine secrets revealed.”]

 

Rambam’s words, where he says that there is no divine providence when a spider devours a fly or the like, are quite similar to Darwin’s words in the above-quoted letter to Asa Gray about a dog and Newton’s mind:

 

But I own that I cannot see, as plainly as others do, and I should wish to do, evidence of design and beneficence on all sides of us. There seems to be too much misery in the world. I cannot persuade myself that a beneficent and omnipotent God would have designedly created the Ichneumonidae (a wasp with parasitic larvae) with the express intention of their feeding within the living bodies of caterpillars, or that a cat should play with mice. (Ch. Darwin, Letter to Asa Gray, May 22, 1860)         

 

In conclusion, Rabbi Slifkin’s own final words are appropriate:

 

Each generation attains new insights into both Torah and the natural world. The revelations of science, which have challenged scientists to account for the extraordinary lawfulness of the universe, have enhanced our appreciation of the wonders of God’s creation. They have enhanced our grasp of the unity of existence. And they have also enhanced our under standing of the “creative wisdom” of God, as Rabbi Hirsch phrased it. There is grandeur in this view of Creation. (N. Slifkin, The Challenge of Creation, p. 345)    

 

And surely it is no coincidence that his last words refer to Darwin’s conclusive words:

 

There is grandeur in this view of life, with its several powers, having been originally breathed [by the Creator] into a few forms or into one; and that, whilst this planet has gone cycling on according to the fixed law of gravity, from so simple a beginning endless forms most beautiful and most wonderful have been, and are being, evolved. (Ch. Darwin, On the Origin of Species, 6th edition, 1872; the words in brackets are not present in previous editions)

 

Two hundred years after Darwin’s birth, this idea should sound reasonable and acceptable to every open-minded person. It certainly was reasonable to Rabbi Shimshon Rephael Hirsch, who wrote the following words in the XIX century:

 

This will never change, not even if the latest scientific notion that the genesis of all the multitudes of organic forms on earth can be traced back to one single, most primitive, primeval form of life should ever appear to be anything more than what it is today, a vague hypothesis still unsupported by fact. Even if this notion were ever to gain complete acceptance by the scientific world, Jewish thought, unlike the reasoning of the high priest of that notion, would nonetheless never summon us to revere a still extant representative of this primal form as the supposed ancestor of us all. Rather, Judaism in that case would call upon its adherents to give even greater reverence than ever before to the one, sole God Who, in His boundless creative wisdom and eternal omnipotence, needed to bring into existence no more than one single, amorphous nucleus and one single law of "adaptation and heredity" in order to bring forth, from what seemed chaos but was in fact a very definite order, the infinite variety of species we know today, each with its unique characteristics that sets it apart from all other creatures. (R. Hirsch, Collected Writings, vol. 7 pp. 263–264)

 


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Homework: Helpful or Hurtful?

As adults with jobs, children, and endless responsibilities,
we often think back to our childhoods, the “good old
days,” when everything was easy and carefree. We played
in the park, played with our friends, played sports, and played imaginative
games with our siblings. We didn’t have to worry about feeding our families,
paying bills, staying up with our babies at night, and then trying to be
functional the next day! We just had to be kids!

Now, being a parent myself, I often wonder how carefree our children feel today.
Young children attending Day Schools have long days full of learning
both General Studies and Judaic Studies. The day starts at approximately
8:00 A.M. and can go as long as 4:30 P.M. The children practice and learn
new skills that enable them to become articulate, educated, and successful
adults. There is no greater gift then seeing your child read for the first
time, write a creative book about dinosaurs, and translate a biblical verse
better than you can yourself. We owe this to the great schools our children
attend, and to the wonderful teachers who are dedicated to giving our children
these amazing skills. However, what exactly is the role of homework?

Educators agree that homework increases a child’s learning—as long
as it isn’t busy work and is kept within certain time boundaries. However,
if given too much, the results, I believe, could be detrimental to both child
and parent. When school-aged children get home from a long day of learning,
they need time to turn off their brains for a while. Just as we all need
“down time” at the end of the day, to watch television or read the paper or
a good novel, so do our children. Not only do they need down time, but
they can use this time to develop other important hobbies and skills.
Whether curling up with a book or a magazine, playing sports, taking a
musical instrument lesson, having a playdate with a friend, playing board
games with their siblings, or even just having a chat with their parents
unrelated to school or homework—down time like this is valuable for
growing up, building self-esteem, and developing good conversational and
social skills.

The amount of homework continues to grow year by year. As children
get older, more is expected of them. Thirty minutes of homework becomes
an hour, an hour becomes two… When does it stop?

As I wrote before,the work not only affects the children, but the parents as well. As my oldest
child began getting homework, afternoons became battles. It is clear to
me now why it took my son a seemingly endless time to do his homework!
He needed to shut his brain down for a while! But back then, we
used to fight. A lot. I would tell him if he would finish quickly that he
would have a chunk of free time. I would offer rewards. I would sit with
him. I would stay in the other room, then come back to check in.

My afternoons became so stressful; not only were my nerves shot, but it obviously
affected my son and my other children. I strongly resented the idea that
I was ignoring my other children, yet I wasn’t spending quality time with
my son and his homework!

As much as I understand the need to review the day’s work, I did not
understand the need for more than that. Our kids do as they are supposed
to, just as we did as kids. There may be groaning and moaning about it,
but it does become routine, and complaints aren’t as strong as they were.
But does that mean it’s acceptable? Does that mean that our kids don’t
need periods of time to choose activities that interest them?

Some parents I know have no problem with the amount of homework given, and wouldn’t
mind if there was even more! They feel that not only is it enhancing
their children’s learning, but provides educational structure for the
evening. They think that learning, as all of us would agree, is more productive
than playing video games or other mindless activities. However,
with some monitoring of duration, playing such games is a good way to
tune out for a bit. In excess, video game playing is probably not the best
idea! But there are so many ways that kids could have down time other
than video games. It is up to us as parents to give our children good choices
and guidance.

On the other end of the spectrum, there are parents who struggle, as
I do, with the evening juggling act of balancing our housework, tending
to younger children, helping more than one child with homework, cooking
dinner, and so forth. I know many people who have to hire tutors or
homework helpers just to physically have someone there to sit with their
child, because they are either working parents, or just don’t have the time
or the patience! Some kids can sit down to do their own work, but there
are many others who need help with the content of the work given, or
help focusing into the work after a long day at school.

If homework is such an important aid for our children, why does it create such havoc in our
homes? Why should our children be sitting doing work at home after sitting
for the majority of the school day? Our children need to move, to be
silly, to choose their nightly activities after working all day. Our children
just need time to be.

There has to be some type of happy medium, where children have
some time to review what they have learned over the course of the day, but
it shouldn’t take over the whole evening! Homework is given over the
weekend; homework is given over summer vacation! They never get a
period of time without it!

The problem is that, unfortunately, I do not think this will change much.

I just hope for the sanity of children and parents
everywhere, homework will be more review and less busywork. I
wish there would be more creative assignments, something that might be
less repetitive than what they have been working on in school. School is
the place for going through the basic drills and building on them. Afterschool
time should be time for opportunities for other, very important
skills to be learned, practiced, and enjoyed. We want our children to know
their ABC’s and 123’s, but at what expense? Will my child not get into college
or find a job without doing two hours of long division every night?
Are seven hours of school not enough?

Maybe my tuition is so highbecause it accounts for the two hours of extra work at home! Kids need
time to be kids, and parents need time to be parents. If children cannot do
their homework in a reasonable time, then it should not be done at home.
There is still something called schoolwork, right?

Dating, Self-Disclosure, and Rabbis

 

In recent months, I have been involved in two divorce matters in which rabbis played a prominent role. In each case, a party informed me how a lack of disclosure of a personality flaw ultimately led to a failed marriage. Unfortunately, in both cases the party who failed to disclose the relevant information was a rabbi. This article will examine whether non-disclosure is a viable option in dating situations.

 

The Rambam in Shemona Perakim equated “illness of the soul” (that is, mental illness) with physical illness. There have been estimates that 25 percent of Americans have endured some type of mental illness. The spectrum of mental illness can range from chronic illness such as bipolar disorder to mild cases of depression. This article will deal with the issue of disclosure of mental illness or addiction, as the failure to disclose these conditions tends to have the most dramatic impact when they subsequently come to light. However, a failure to disclose any material fact would be subject to the same analysis.

 

A cursory search of the Internet shows a healthy number of articles on the halakhic question of whether mental illness needs to be disclosed before marriage. A number of these articles seem to hedge on the question of when disclosure is required. Some authors justify non-disclosure by arguing that if it is not likely that the mental illness will recur, there is no reason to disclose such conditions. Other authors opt for the safer conclusion that one is required to discuss such a condition only where so directed by a recognized posek.

 

I will state my conclusion without equivocation. Marriage is based on trust and respect. It is unfathomable to imagine that a person can contemplate marriage to an individual—and at the same time choose to keep vitally important information from that party. It is instructive to note that Dr. Abraham Twerski, in his book Getting Up When You’re Down, states in clear language (p. 108) that disclosure of conditions such as depression is obligatory. Dr. Twerski mentions no reference to asking a posek as to whether or not disclosure is required. The need to know such information, and the harm in non-disclosure, seems self-evident to this eminent author and thinker.

 

What of the argument that if the depression is not likely to recur, disclosure has no value? As stated above, trust underlies the marital foundation. (The Maharal emphasizes this ethical point in his work Netivot Olam). Relevant past history needs to be shared and explained. Why should one act as “judge and jury” in deciding that past history, arguably material and relevant, need not be shared? Practically speaking, what happens if the suppressed information later comes to light from another source? Or, what if the “cured” condition reasserts itself? How do we deal with the disappointment and suspicion that might naturally arise? A party who is suddenly presented with such news might rightly wonder what other information has been withheld. A failure to disclose relevant information robs a party of their right to choose their mate freely and fully.

 

How does one determine what information is to be deemed relevant, and in need of disclosure? I propose a simple test. What would a person reasonably want to know about the background of a prospective spouse? It is appropriate to wait for the right moment to disclose such information. But although timing of such disclosure is discretionary, the need for such disclosure should not be subject to debate.

 

Full disclosure not only helps the other party, it helps the disclosing party as well. Keeping personal matters secret and subject to implicit denial is a high-risk decision. One who opts for silence on such a matter might find they are living with the fear and uncertainty of what will happen if disclosure ever occurs in an unanticipated manner.  In light of the above, it seems fair to state that the advantages of non-disclosure are negligible in contrast to the considerations that militate in favor of open and candid discussion.

 

The previous discussion relates to the party who must decide about disclosure. I would like to relate my remaining comments to the rabbi who is consulted about the question of disclosure. In Issue 2 of Conversations, I wrote an article (“Mediation, Marriage, Divorce, Agunah”) in which I attempted to show how the role of a rabbi in a divorce scenario must go beyond simply pointing out where a “kosher” get may be obtained. The rabbi must engender communication and care while attempting to ensure that Torah values govern all proceedings.

 

A rabbi who is asked about disclosure of relevant medical/psychological information must do more than decide what must be disclosed. An illustration of what may be required of the rabbi is found in an anecdote related about the Brisker Rav, Rav Chaim Soloveitchik. Rav Soloveitchik, described often as a paragon of hessed, was asked by a congregant whether it might be permissible to use milk for the mitzvah of arbah kosot (drinking four cups [of wine] at the Passover seder). Rav Soloveitchik answered in the negative and then proceeded to give the man a generous donation. The Rebbitzen asked why this gift was made, when in fact it had not been solicited. Rav Chaim explained that a Jew who is prepared to drink milk in lieu of wine is clearly destitute. Rav Chaim reasoned that a man who had no money for wine likely lacked all means of providing for a proper Passover celebration. A generous donation was provided so that this man could properly enjoy the holiday with his family.

 

An individual asking a rabbi about disclosure of a chronic condition is really asking for much more. He or she is asking for support, acceptance, insight, and a dose of emunah (faith). The person wants to be reassured that the rabbi will share their burden, while simultaneously offering them hope and solace.

 

If an individual asks a rabbi whether or not to disclose a chronic condition, a short answer does not suffice. It behooves the rabbi to research the condition, confer with professionals, and help the individual map out his or her future goals and plans. The rabbi needs to look at the person qua person, not simply as the initiator of a halakhic question. The rabbi needs to project the image of a potential advocate and confidant.

 

One of the touching stories about the great teacher and communal leader, Rav Shlomo Freifeld, described how he “won over” an alienated young man who left his family to live on an Indian reservation. This young man was brought back to his roots by an accidental discovery. While waiting for Rabbi Freifeld in the yeshiva study, the man chanced upon a number of books that described Indian culture and mores. It was clear why the books were there; Rabbi Freifeld wanted to understand what made this man “tick.” Rabbi Freifeld had seen the human being who stood before him and tried to find ways to identify with him. This gesture led the man to a newfound belief and commitment. In like fashion, congregants may come to their rabbis with disclosure questions. They deserve rabbinic attention and empathy.

 

As a religious figure, the rabbi can offer needed support. A rabbi can guide the individual to increased communal involvement. A rabbi can exhort the individual to be open and proactive about his condition. Finally the rabbi can help the individual map out future goals and ambitions. In one phrase, the rabbi can reassure the individual described herein in the same fashion as was Moshe at the burning bush:”I will be with you.”

 

The concern for the individuals addressed in this article can, and should, manifest itself in ongoing relationships. Long after the question of disclosure has been answered, the rabbi needs to be a presence. The pulpit may be used for discussions on mental and physical disability. Pre-marital counseling for those with physical or psychological challenges should be carefully planned by the rabbi. Articles and shiurim on the issues that arise from meeting special challenges likewise merit serious consideration. The Jewish community has done wonderful things for children with special learning needs. Perhaps the next vista to tackle is the removal of barriers confronting those who face physical or psychological challenges.

***

In recent months, we have seen the results of the attenuation of honesty and integrity in the marketplace and society. Our tradition fortunately provides the antidote. We are in the image of God and we are responsible to act God-like. The “seal” of God is truth. A relevant bon mot on this topic was taught by the Maharal. He teaches that the letter with the lowest numerical value is the letter aleph. Yet if we remove that “small” letter from the word emet (truth) we form the shorter word of met (dead). This thought reminds us of the slippery slope that awaits us if we take liberties with truth and integrity. A slight shift from a commitment to truth can have devastating effects. It is time to place renewed emphasis on moral and ethical behavior. Encouraging fuller disclosure and candor in our interpersonal relationships is a proper place to begin.

Rabbi Yosef Dov Soloveitchik, late mentor to thousands of rabbis, once described the rabbi’s primary duty as being an exemplar of hessed. Rabbis can do much good by guiding their flock on the need to disclose disabilities and personal limitations in courtship situations. But that will not be sufficient. Rabbis must also guide these individuals through these challenges. Even when such support is not solicited, rabbis need to internalize the lesson of the Brisker Rav and the query about milk at the Seder. There is a need to go beyond the immediate question and discover the person behind the question. Discover what they need and try to help them in seeking solutions and inner strength.

 

Disclosure of certain conditions is painful and unsettling. There are however no alternatives to openness and candor. Rabbis who are concerned will not stop at offering this exhortation. “I will be with you” is a potent message to convey. We will be judged as a society by the manner in which we succeed in transmitting this message.