National Scholar Updates

Daily Birkat Kohanim in the Diaspora

By Daniel Sperber[1]

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

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

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

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

However, the Beit Yosef continues:

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

He ends by saying:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

To summarize:

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

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

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

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

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

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

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

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

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

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

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

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

Torah Study in a Modern World: Conflict & Resolution

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

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

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

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

The classes are free and open to the public.

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

The classes are free and open to the public.

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

The classes are free and open to the public.

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

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

Rabbi Hayyim Angel

National Scholar

Institute for Jewish Ideas and Ideals

I always took pride in the pervasiveness of the term “Tikkun Olam.” Of course, having been raised Orthodox, I was taught to resent the primacy other circles in Judaism granted social justice oriented mitsvot. I was told that this amounted to the implicit neglect of other more “real” Divine charges. This Orthodox critique of other denominations, while perhaps compelling, was not strong enough to undue the powerful messages I learned in Tanakh class. It was evident to me, as made clear by the prophets, that social justice was certainly a top Torah priority, no matter the modern socio-religious implications. With this understanding, I was drawn to carry the social justice banner with religious fervor and, not surprisingly, a smattering of self-righteousness as well. And, while we may have disagreed about the ideal balancing act between social justice oriented commandments and other mitsvot, it became clear that social justice was, in many respects, to most Orthodox Jews, a “pareve” cause. While other day-to-day mitsvot do in fact demand the usual attention, who can oppose efforts to feed the hungry and strides at upholding human dignity?

            With this understanding I began to explore the burgeoning world of social justice opportunities – fair trade, Free Tibet, mosquito nets in sub-Saharan Africa, domestic violence, the plight of the Palestinian people, immigration, to name a few. Soon, matters became murkier and questions about the complexities of social justice and Judaism abounded. When my friends and I worked to reinvigorate the Social Justice Society at Yeshiva University, late nights were spent debating the hierarchies of our efforts – Jews before non-Jews, Israel before other countries, New York before the rest of the world? Agunot or Darfur, the terror stricken youth of Sderot or the child soldiers of Uganda, microloans in Calcutta or Manhattan’s homeless? The realization that we could not just open up the Shulhan Arukh and find an answer was even more frustrating. Although Chief Rabbi Jonathan Sacks’ writings were great inspiration, we began to feel as if we were treading through unchartered waters. It became clear to us that these and other questions would never be fully resolved. Perhaps instead of bemoaning the fact that there was no clear-cut assur or muttar verdict, we ought to revel in the privilege to grapple with these issues hands-on. Eventually, these halakhic ambiguities empowered us to become the true masters of our deliberations; enabling us to own our decisions in a very real way.

            The dearth of halakhic discourse on these matters of social justice gave us a lot of flexibility. It meant that there was significant openness in terms of the causes that we selected address. Moreover, it hindered outside criticism and dissension; if there were no straightforward instructions, we were free to explore as we pleased; nearly any position or cause was legitimate from a Torah perspective.

It soon became apparent, however, that there were other concerns beyond the purely halakhic that might hamper the Orthodox receptiveness of our social justice efforts. No one will accuse the Orthodox community of being anxious to learn about unpleasant truths. One case in point, which continues to raise eyebrows no matter how delicately the matter is broached, is the troubling state of the commercial sex industry in Israel.

Sex slavery, a global phenomenon, is categorized by the UN Palermo Protocol as a form of human trafficking. Trafficked persons are recruited by force or coercion and exploited in various ways. One form of exploitation is through sex and prostitution, which has come to be termed “sex slavery.” The state of sex slavery in Israel is especially troubling; Israel’s inaction in combating this injustice continues to compel the US State Department to give Israel poor marks in its annual Trafficking in Persons Report (TIP), which measures every country’s anti-trafficking efforts. The TIP Report maintains that Israel is not in full compliance with international anti-trafficking standards and urges Israel to become more diligent in these efforts.

            Due to the very clandestine nature of sex trafficking, the precise number of sex slaves in Israel is unknown. However, some estimates by the Israeli government maintain that there are 3,000 sex slaves in Israel, while NGOs approximate that 3,000 new sex slaves are illegally trafficked into Israel each year alone. Machon Toda’a Awareness Center reports that most of these sex slaves come from the former Soviet Union. In their countries of origin they are recruited by traffickers promising them that low-paying jobs in the food, modeling and massage industries await them in Israel. These women are then trafficked into Israel through a variety of ways. Sometimes they are smuggled across the Israeli-Egyptian border, though due to increased security, this method has become less popular. Recently, traffickers have succeeded in smuggling women into Israel through seaports and even through Ben Gurion International Airport by using the stolen identities of Jewish women in the former Soviet Union.

According to the Task-Force on Human Trafficking, once in Israel, these exploited women are sold in auctions to pimps and brothel owners at a value between $5,000 and $10,000. At this point they serve as prostitutes, often paid little or nothing, are deprived of their rights, underfed, compelled to work 6-7 days a week, receiving between 15 and 20 clients each day, with whom they are forced to have unprotected sex.  Many of these women end up locked into discrete apartments and brothels, left with little outside contact and often find themselves with no way out. In fact, there are approximately one million visits per month to prostitutes in Israel, to both sex slaves and non-sex slaves. For a population of not even seven million, this number is staggering.

The facts speak for themselves; the state of sex slavery in Israel is appalling. NGOs bemoan what they call the Israeli government’s inaction and apathy in combating this pugnacious industry. Nevertheless, few, particularly Orthodox Jews, are willing to confront this reality. This hesitancy is often due to a confluence of concerns, specifically the issue’s inescapably unsavory nature. Beyond this, however, the conventional approach is to shy away from criticism of the State of Israel, especially if coming from a Diaspora Jew. Further, some claim, why focus specifically on Israel, when in fact sex slavery is an international injustice? Having taken on this issue, my colleagues in the YU Social Justice Society and I are intimately familiar with these concerns. And yet, it seems that precisely for these reasons – that it is distasteful and especially insidious in Israel – sex slavery ought to be a top priority of the Orthodox community.

Sex slaves are forced into having unwanted sex. They are essentially the victims of rape. Rape is undeniably a uniquely horrific phenomenon, the veracity of which is emphasized by the Torah. The Torah is arguably progressive in its redress to the incidence of rape; calling for the rapist to marry the victim. While perhaps traumatic for her, this in a sense protects the victim, insuring that her basic necessities will be met. On a more conceptual level, the Tanakh appears to go out of its way to record incidences of rape. Three rapes in particular, that of Dinah by the hands of Shekhem, the Concubine at Gibeah and Amnon’s rape of Tamar, are recorded in detail. Given that the Tanakh is selective with its words, the attention it accords rape is very suggestive. Perhaps because of rape’s insalubrious nature, the Torah accords it particular attention, urging us to overcome our own discomfort. This is, in a sense, a wake-up call to address rape; to confront sex slavery head-on.

While the Tanakh’s unprecedented regard for rape speaks volumes, the details of these episodes are even more powerful and instructive. In the narrative of Dinah’s rape, the action or inaction of the characters is particularly poignant. Dinah is completely passive, she has no voice. She is the victim of Shekhem who “took her and raped her” (Gen. 34: 2). Jacob too is entirely passive, he learns of the rape, yet does not react. Instead, due to his inaction, Simeon and Levi take action by cunningly massacring the city’s men. Their response is a violent, calculated, emotional one.

In the story of Dinah’s rape the complexities of responding to sexual coercion emerge. Jacob does nothing, “he kept silent” (Gen. 34: 5), whereas Simeon and Levi take matters into their own hands, and are later chastised by Jacob for doing so. And yet, their motivations are recorded, suggesting that they were not misplaced, for, as they declare, “should our sister be treated as a harlot?” (Gen. 34: 31).

The episode of the Concubine at Gibeah begins with the book’s recurring phrase “in those days when there was no king in Israel” (Jud. 19: 1). This prelude sets the stage for what will transpire, suggesting that not only did these occurrences happen because there was no king, but that because of this leadership vacuum, their was no legal recourse for the victims. Instead, the victim, or her memory, must be defended by personal initiative.

In this narrative, the Concubine, like Dinah, has no voice. Rather, the Lodger, in an act eerily similar to Lot in Sodom, gives over his own daughter and his guest’s Concubine to the mob instead of ceding the Concubine’s master, the Levite. The Concubine is then raped by the mob and consequently dies on the doorstep the following morning. Her master, in response to the rape, cuts her body up into twelve separate pieces, sending a piece to each tribe. “Everyone who saw it cried out ‘Never has such a thing happened … Put your mind to this; take counsel and decide.’” (Jud. 19:30). The Levite, like Simeon and Levi, responds to the rape emotionally, violently, which eventually leads to the extermination of the tribe of Benjamin.

The rape of Tamar is more layered than those of Dinah and the Concubine. Amnon’s actions are clearly premeditated and the rape itself is incestuous. Further, unlike Dinah and the Concubine, Tamar has a voice and cleverly, albeit unsuccessfully, tries to dissuade Amnon from raping her. In the aftermath of the rape, David, like Jacob remains silent. Absalom, Tamar’s brother, follows in the footsteps Simeon and Levi, responding violently, a response that leads to more bloodshed and the eventual undoing of David’s throne.

What emerges from these three rape narratives is the thorniness of responding to the crime of rape. It seems that none of these responses are ideal – neither the silence of Jacob and David nor the violence of Simeon and Levi, the Levite and Absalom. And yet, as a community, in responding to the tragedy of sex slavery, we remain silent, passive and inactive. Perhaps its time for us to internalize the Tanakh’s message and actively confront this vile reality.

People often ask me why I’ve chosen to devote time, through my work with the Task-Force on Human Trafficking, to combating sex slavery particularly in Israel. They also wonder about the denigration of Israel implicit in my efforts. These questions frequently transport me to the many hours we’ve passed in the Social Justice Society deliberating about the prioritization and hierarchies of our advocacy. Though we may never arrive at a conclusion, our unique connection and responsibility towards Israel is evident, especially in matters of sexual coercion. The Torah itself identifies the distinctive link between the heinousness of prostitution and Israel’s sanctity. “Do not degrade your daughter and make her a harlot, lest the land fall into harlotry and the land be filled with depravity” (Lev. 20:29). While sex slavery is indeed a global problem, as Jews, we have a distinctively religious, moral responsibility to combat this evil especially in the Holy Land. And, while these efforts may suggest a somewhat unfavorable view of the State of Israel, is it better to stand idly by in silence?

I still believe that the Orthodox community does value Tikkun Olam. However, as I’ve discovered through my anti-sex slavery advocacy, and efforts in the Social Justice Society, there is often a discord between our theoretical regard for these issues and our ability to effectively translate these beliefs into action. The challenge is to help ourselves hear the cry of the prophets to “speak truth to one another, render true and perfect justice in your gates” (Zech. 8:16), with the comparable immediacy we approach the bugs in our broccoli. In so doing we ought to facilitate conversations that may not be palatable to the typical Orthodox ear, to embrace even the unsavory, to be critical of ourselves and our homeland. Let it not be said that we have made a harlot of our values.

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!

In the past generation, Orthodox Jewry in Israel has increasingly become more extreme and has isolated itself from mainstream Israeli society. There is a continued distance and alienation of the Orthodox population from the non-Orthodox community, and a seeming lack of interest in integrating halakha and Torah with the concerns and circumstances of modern life. A similar tendency can be seen in the American Modern Orthodox community, having shifted in the past years toward the right (both religiously and politically). This phenomenon is known as “the Hareidization of Orthodox Jewry.”

This article introduces an Israeli organization that strives to promote an alternative route for Israeli Orthodoxy, mainly by returning to the core values of Torah im derekh erets, a religious worldview promulgated by the great nineteenth-century rabbi, Samson Raphael Hirsch.

Ne'emanei Torah vaAvodah (NTA)

Ne'emanei Torah vaAvodah (NTA) is a religious Zionist non-political organization founded in 1978 as a reaction to the hareidization of Orthodox Jewry. It is highly committed to strengthening and restoring the foundations of religious Zionism. NTA promotes tolerance, equality, and social justice as key values within the religious community. We believe these values to be the ones that positively influence and define the unique Jewish and democratic character of Israeli society. The members of NTA, men and women, young and old, rabbis and academics, have come together to volunteer their time and energy in actualizing the potential of religious Zionism in Israel. NTA is committed to halakha and strives for an open, contemplative, and self-critical religious culture engaged in evolving halakhic discourse that is willing to address the challenges of our time.

 In order to achieve these goals, the organization focuses on education and advocacy for modification and improvement of the religious public services offered in Israel, as well as high-quality publications, and public relations to bring our ideas into the forefront of the social-religious discourse. A few of NTA main activities will be described here.

The De'ot Journal

In the religious world, many social and educational issues are considered taboo and are therefore never discussed seriously. Religious discussions are often restricted to the holiness of the land and ritualistic stringency, whereas the values of human rights, human dignity, and democracy are pushed into a forgotten corner. We strongly believe the discourse must not exclude any of those issues, and we promote a pluralistic discussion within Orthodox society.

NTA publishes a journal, De'ot. Our main goal is to advance an open and courageous discussion within the Orthodox community of contemporary challenges, on the basis of a commitment to halakha combined with sensitivity to social issues. The journal offers a unique platform for presenting different approaches that deal with issues, difficulties, and problems that are largely ignored within the religious community. The writers of the De'ot journal are affiliated with a broad spectrum of the Orthodox community.

De'ot was the first journal to discuss publicly a variety of sensitive and complex topics in Orthodox society. Among those issues are: the participation of women in prayer and in the public reading of the Torah; homosexuality in the religious community; domestic violence in religious society; halakhic rulings regarding the Internet and their implications; premarital sex, and so forth. In addition, the journal also includes essays on a wide range of topics concerning the shaping of a Jewish-Israeli identity, in which alternative ways of thinking are formulated. In fact, De'ot is unique in being the only Orthodox journal in Israel that permits the publication of viewpoints that dissent from “conventional” opinions in the Orthodox community.

Et liDrosh ("A Time to Interpret")

Another publication that is meant to broaden the cultural and religious discourse is a Shabbath-Portion leaflet by the name of Et liDrosh, whose purpose is to provide a platform for a wide range of opinions, and in this way to enrich and vary the Orthodox discussions that are conducted by means of the Shabbat-Portion leaflets. Young people in the organization produce the leaflet, which deals with issues of particular concern to them and their outlook. The leaflet discusses religious and Israeli topics in an effort to bridge the religious and modern worlds. The writers of Et liDrosh are prominent cultural figures from religious and Israeli society, alongside young leaders who seek to take part in shaping the face of society. Past interviewees include Rabbi Yuval Cherlow and Rabbi Yehuda Gilad, Prof. Aviezer Ravizky, Ilana Dayan, and Ehud Banai. We believe that the exposure of the Orthodox public to different voices is likely to assist a formation of openness, tolerance, and attentiveness to different approaches.

Bet Midrash Re'im

The Orthodox community offers many institutions for Orthodox youth that are dedicated to the study of Torah. However, while the vast majority of Torah study institutions are run separately for women and for men, Re’im encourages men and women to learn together. We believe that the separation of men and women in the Bet Midrash detaches the experience of learning from life, and creates a reality in which the place where young people study Torah does not reflect their way of life.

For the past few years, NTA has operated a unique Orthodox Bet Midrash, named Re'im (Companions) open to both men and women. The Bet Midrash is composed of a group of young Orthodox men and women in their twenties, most of them students, graduates of institutes of higher Jewish learning. In the Bet Midrash Re'im, participants diligently study the Bible and Talmud and discuss issues in Jewish Thought, including a wide spectrum of topics connected to the general world's culture. The teachers combine in their lessons different historical and cultural perspectives, and special emphasis is given to the relevance to the critical issues that concern day-to-day life in Israeli society in the twenty-first century.

Activities to Improve Religious Services in Israel

Religious services in the State of Israel are in a serious crisis. The lack of proper marriage and divorce proceedings, burial arrangements that are not always conducted with due sensitivity, the piling up of difficulties in the conversion process, and other issues that are not addressed properly—these all create situations of injustice and anguish to a wide sector of the Israeli and Jewish society who come into contact with the institutions responsible for religious services in Israel. These problems cause a severance of the general public from religious institutions and ultimately from Judaism itself. The public's lack of trust—and the increasing discoveries of corruption—have brought about the dismantling of the Ministry of Religious Affairs; but a solution has not yet been put into place for providing appropriate, well-administered religious services.

In an attempt to address these problems, NTA established a committee of experts, including rabbis and academics, whose task was to formulate a comprehensive program that will provide religious services in Israel. The committee, which operates on a volunteer basis, formulated its recommendations in a report entitled "Report of the Religious Services Committee," whose main conclusion speaks of the need to transfer administrative responsibility for matters pertaining to religion from the political echelon to the civilian realm.

NTA promotes the implementation of the Committee's recommendations through activities on the political level through an effort to form a lobby in the Knesset (the Israeli Parliament) for changing the current structure of religious services in Israel. There is also a level of public awareness: our efforts are focused on exposing the wider public to the religious services crisis, and to offering possible solutions for addressing this situation.

NTA is the only organization in Israel that has dealt in a comprehensive way with the issues of religious services and has formulated a detailed proposal for changes. In this regard, the organization has dealt not only with the problem of marriage and divorce—with which many women's organizations are also involved—but also with the entirety of the issues related to the connection between religion and state. The implementation of the Report’s recommendations has the potential to initiate substantial, positive change in the relationship of citizens to religious services, and to constitute a turning point in the Jewish character of the State of Israel.

 NTA cooperates with other organizations in working for a solution to specific problems in the area of religious services. In the Ikar coalition, we work together with organizations struggling for a solution to the problem of aginut, in which women whose husbands have refused to grant them a religious divorce are not free to remarry.

  We take part in running the non-profit organization, Menuha Nekhona–Jerusalem. This organization was founded in order to provide an inclusive burial procedure for all Jews (Orthodox, Conservative, Reform, and unaffiliated) in Jerusalem. It is a known fact that an exclusively Hareidi monopoly runs all of the religious services in Israel, including all the burial procedures. This reality is even further emphasized in Jerusalem's cemetery, which is dominated by strict hlakhic rules. A daughter is not permitted to say Kaddish, a wife may not eulogize her husband, and a non-Orthodox Jew won't be buried unless approved by the Hareidi officials in charge. These are just a few examples of the problems of an exclusive Orthodox monopoly. NTA, together with Menuha Nekhona, strives to change this reality, and offers inclusive burial procedures in Jerusalem's cemetery. We already received approval from the Israeli Supreme Court for a burial area in Jerusalem's cemetery, and we plan to start using this area in the coming year.

Together with the women’s organizations Mavoi Satum and Kolekh, we are teaming up with Modern Orthodox rabbinic groups in Israel and in America in a landmark initiative to create an alternative rabbinical court. This is an attempt to create a real change in the religious apparatus that chains woman, converts, immigrants, non-Orthodox Jews, and others, and holds the entire country hostage to an antiquated system of a Hareidi monopoly. We believe that this alternative Bet Din could be the way to break this monopoly, and we hope that it will start functioning in the coming months.

  In conclusion, let me return to the title of this article: Can we prevent the hareidization of Modern Orthodox Judaism? There isn't, of course, any sure way to know how Orthodox Jewry will develop. We can promise, though, that in NTA we are doing everything possible within our means to promote a more pluralistic, tolerant, and inclusive Judaism that will restore the basic values of combining Torah with derekh erets; halakha with morality and human rights; the ancient Jewish tradition with the modern world. We hope we will succeed in preventing, to the extent possible, the hareidization of Modern Orthodox Jewry.

For comments please contact us by email: [email protected].

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

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

Halachic Analysis

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

Institutional Positions

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

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

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

Rabbinic Positions

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

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

Rabbi Moshe Feinstein

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

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

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

Rabbi Shlomo Zalman Auerbach

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

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

Rabbi Yosef Dov Soloveitchik

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

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

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

Done with Brain Death

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

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?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“Wisdom has built her house on seven hewn pillars.” (Mishlei 9:1)

My first inclination was to decline to respond to this symposium on the grounds that I am not a school leader—or even a practitioner for that matter—and therefore unable to answer such situational questions as you have posed. My next inclination was to formulate alternative, theoretical, questions that are better suited for a broad-based conversation. In the end, I followed neither inclination; my remarks hover intentionally in the ether that separates theory from practice—but, on the other hand, also connects them to one another.

         *         *         *

Is there a coherent and cohesive philosophical preference or prejudice that ought to animate Modern Orthodox Jewish education? Some of our educational policies (notably, those that pertain to limmudei kodesh) resemble the “perennialist” approach associated with traditional education, while others (notably, those of General Studies) tend to look more like the “pragmatic” approach identified with progressive education. Are we philosophically hermaphroditic (possessing the distinctive characteristics of both philosophies), androgynous (having neither philosophy’s idiosyncratic characteristics), or, perhaps, are we agnostics, content to conduct educational business as usual without admitting to any particular philosophy? In an unintended parody of Descartes, do we appear to proclaim: “I think not, therefore I can do whatever I please!”?

         *         *         *

The absence of a clearly articulated educational philosophy does not serve us well. The road of curriculum design, development, and implementation is notable for its many obstacles (insufficient time, inadequate resources, and so forth) that frequently compel detours from the derekh haMelekh of nineteenth-century Eastern Europe, twelfth-century Muslim Spain, fifth-century Sura and Pumbedita, first-century Alexandria, or whatever historical precedent we cite in affirmation of our received educational practice. At these critical junctures, a philosophy is a lodestar whose sighting keeps us securely on our chosen path and acts as surety for our eventual arrival at our proposed destination. Without a clear philosophy, we are only star-gazing—and as inspirational as that may occasionally be, it only thwarts our purpose and obscures our objective.

Schools—not their current (and, regrettably, all too transitory) leaders—should have educational visions that “drive” their missions. A school that is “mission-driven” without the mission itself being motivated by a coherent philosophy is a will-o’-the-wisp. It gives the external appearance of direction and purpose while actually lacking both. A school’s approach to “gender equality,” like its views on “integration,” should similarly be determined by its philosophical predisposition.

How do schools acquire philosophies? Unless a school community is blessed with an informed philosopher, the best way I know is via committee. The “dromedary principle” admonishes us that in its desire to fashion a horse, the committee may produce a camel; still, a camel is superior to no transportation at all. We are not looking for philosophical purity but for contemplative introspection, and a synthetic philosophy is patently acceptable.

         *         *         *

In this light, I should like to offer for your consideration a platform comprising seven philosophical-ideological positions that I would advocate for a school that wishes to be recognized as Modern Orthodox. (These principles are the products of a consultation undertaken several years ago. I am grateful to Dr. Joel Wolowelsky of the Yeshiva of Flatbush for his input, the responsibility for their formulation rests entirely with me.)

Modern Orthodox Day Schools and yeshiva high schools should recognize:

  The preeminence of Torah and the fulfillment of mitzvoth according to halakha

A Modern Orthodox school will give priority in funding, staffing, and scheduling to those classes and activities that promote the study of Torah and the fulfillment of mitzvoth. It will concern itself with students' religious behavior and attitudes both in school and outside. It will, if necessary, engage in parent education (in conjunction with synagogues, if possible) to ensure proper modeling of religious behavior.

  The need for excellence in both General and Jewish Studies

Modern Orthodoxy sees the accomplishments of modern science and culture as expressions of the biblical imperatives to conquer the earth and preserve it. A Modern Orthodox school will provide all its students with an acquaintance with the basic principles of science, disciplines in the behavioral and social sciences, and in the humanities. It will likewise ensure that the pursuit of these disciplines does not become a goal unto itself, divorced from their Jewish identities and responsibilities.

 The primacy of moral virtue and ethical integrity in personal, business, and professional life

A Modern Orthodox school will implement curricula that provide instruction in both mitzvot bein adam laMakom (laws that govern our relationship to God) and mitzvot bein adam leHaveiro (laws that govern interpersonal relationships) and nurture a school culture that values and promotes the ideal of hessed (such as community service or social action). It will not condone unethical behavior on the part of its staff and students and will condemn such behavior on the part of any member of the Jewish community.

 The need to set common educational goals for boys and girls, young men and young women

In a Modern Orthodox school, boys and girls will be given equal opportunities to study Torah and halakha. The equality of opportunity does not necessarily mean identical curricula, but no subject in Jewish studies should be officially declared "off limits" to any student. Modern Orthodoxy neither promotes nor prohibits coeducation; it supports individual schools in the educational decisions that are best for them.

 The centrality of the State of Israel to the religious and national existence of the Jewish people

A Modern Orthodox school will advise all its students to personally experience life in Israel, to be cognizant of its needs and goals, and to have a working knowledge of Modern Hebrew. It may also call upon them to plan for aliyah to Israel, and to become actively involved in promoting Religious Zionist values in both Israel and the Diaspora. A Modern Orthodox school will say Hallel on Yom Ha'Atzma'ut and Yom Yerushalayim.

 The value of all segments of the Jewish community

A Modern Orthodox school will emphasize to its students that the major events of Jewish history, which have shaped our national identity, have involved and affected all Jews. It will admonish its graduates to love all Jews, maintain contact with them, and work with them on communal issues without regard to their denominational affiliation. It will not decline to participate in Jewish communal events due to the participation of non-Orthodox Jews.

  The Torah as the possession of all Jews

A Modern Orthodox Day School will enroll children of non-Orthodox, non-observant homes as students in the belief that the opportunity to study Torah should not be denied to anyone of the Jewish faith.