National Scholar Updates

Confidentiality and Professional Ethics

Question: Confidentiality is a vital concern that impacts the freedom of expression of quite a number of professions. Many professionals receive confidential information as part and parcel of their normal involvement with their clients and/or patients. Rabbis are also privy to confidential data. At issue is whether halakha (Jewish law) provides any guidelines or rules pertaining to this matter?

Response: In terms of a general overview, it should be noted that the medical profession considers confidentiality as a cardinal precept of medical ethics. Indeed, for centuries doctors have committed themselves to the Hippocratic Oath upon assuming a medical career. The modern version of that Oath as replaced by the Declaration of Geneva adopted by the World Medical Association states, “I will respect the secrets which are confided in me, even after a patient has died”. In other words, as a doctor one may hear very private concerns. The doctor takes an oath that he or she will not divulge such information. The patient came to the doctor assuming confidentiality will govern their relationship and, therefore, the doctor must guard any and all private matters from becoming public. Yet, complications and moral quandaries may develop. A psychiatrist or therapist may have revealed to them information that might be potentially dangerous if kept confidential. Are they required to remain silent when such silence will negatively affect the community at large? Should they, for example, relate that a young man who recently proposed marriage to a young lady has AIDS? And what about, for example, the problems of the legal profession? In America, due to the rules of attorney-client-privilege and Codes of Professional Responsibility a lawyer may not reveal any information received in confidence or secret, even if necessary to prevent fraud. As such, knowledge emanating from the attorney-client relationship that Mr. X is an outright thief, may not be revealed to prevent others from being duped in a fraudulent scam. Rabbis, moreover, hear a litany of very private, painful confessions. At times, their investigation prior to serving as a wedding performer discloses very embarrassing details. Some deal with actions or illnesses that would taint the reputation of families should such information be revealed. Are rabbis obligated by Jewish law to preserve the confidentiality of their information? Or, to prevent a community liability or social problem, does Jewish law provide to rabbis the authority to reveal private information?

The first important principle is that unlike the medical and legal profession, the clergy, especially as noted by halakha, has, no special oath or rule proscribing the revealing of private, personal matters to others. In other words, there is no specific rabbi rule against violating confidentiality. It is not just rabbis who are forbidden to divulge secrets. Everyone, every Jew, no matter his or her profession or lack of a profession, is prohibited by Biblical law from telling private matters to others.

The Bible overtly states, “Thou shalt not go about as a talebearer among thy people”, (Lo Telekh ra’hil – Leviticus 19:16); the verse then concludes, “and thou shall not stand inactive (idly) by the blood of thy neighbor, I am God”. (translation, Rabbi Samson Raphael Hirsch) The practical application of this is expounded by the Rambam. He rules,…”telling tales is a great sin. It served as the cause for the murder of many Jews. [Indeed,] this is the reason why adjacent to it [the verse prohibiting talebearing] is the verse prohibiting one to not stand idly by the blood of one’s friend.” The process of talebearing takes place “when a person goes from one to another and says this is what so-and-so said, this is what I heard about so-and-so, even though it is the truth, such is destructive of the world. A worse sin included in this [Biblical] prohibition is the sin of Iashon hara. That is the telling of something which is negative to one’s friend, even though it is truthful. (Rambam, Hilkhot De'ot Chapter 7: Laws 1 and 2.) Thus the sin of revealing private, confidential information is operational whether it is negative or positive. The sin is graver when the information is or may be negative. Also, the truth or falsity of the information revealed does not in any way provide a halakhic permit to divulge a confidence. (See also, Sanhedrin 31a and Yoma 4b)

There is a fascinating Talmudic citation corroborating this concept in Pesahim (113:b). The Talmud reports that a man by the name of Tuvia sinned. He committed adultery. A man called Zigud was aware of this sin and by himself, without another witness, he came to Bet Din, the Rabbinical Court to testify against Tuvia proclaiming that Tuvia was an adulterer. Rav Papa, the senior Rav of the Bet Din, punished Zigud for testifying. Zigud was appalled. He called out in protest, “Tuvia sinned and Zigud is punished?” In other words, the Bet Din did not punish Tuvia for the alleged sin of adultery. Zigud was, however, punished for he was guilty of lashon hara, telling negatives about another. In Jewish law sins relating to adultery require the presence of a minimum of two qualified witnesses. Bet Din will not accept the testimony of a singular witness in matters pertaining to adultery. Accordingly, Zigud should have known that Bet Din would not act upon his testimony. Thus, Zigud was in effect merely spreading gossip about Tuvia. The fact that the allegation may have been true was of no concern. Zigud was punished for informing others of slanderous material. He should have kept knowledge of the immoral act to himself.

I believe that those involved in professions that deal with confidential information and subsequently divulge such private concerns to others, may be deemed to have transgressed greater sins than ordinary people who tell tales and are involved in gossip. I have no actual halakhic ruling on this, but, I do believe Biblical law intimated this concept. The Torah details the punishments to be given to different types of theft. It states that whosoever steals an ox and/or sheep pays more than a crook who robs jewels from a house. Indeed, the Torah says, “he shall pay five oxen for the ox and four sheep for the sheep”. (Exodus 21:37) Rabbi Samson Raphael Hirsch suggests that the reason for the onerous punishment for stealing an ox or sheep is that such animals are generally kept outside in the open air. As such, one must trust the community not to violate private property even though the animals are not locked up in a home. To the extent that one must place greater trust in people concerning the security of animals, the punishment for the violation of this trust must be greater than a case where something was locked up in a home. Thus, whenever there is a situation wherein confidence is assumed, the violation of such trust should generate a more onerous punishment, not just from society, but also from religious law.

Of major, practical interest is that there is a vital provision that alters the above halakhic prohibition. Namely, the Biblical prohibition to divulge confidential information is limited to cases wherein the intention of the talebearer is to hurt the feelings or merely to disparage in some way the reputation of another. But what about a case wherein the intention is to prevent crime, to withhold damage from a community, to help the person involved, in such circumstances, many rabbis rule that halacha would permit the divulging of private, confidential information. The basic source for this is the Rambam who rules, “whoever is able to save another and does not endeavor to do so, violates the [prohibition of]’ do not stand idly by the blood of your friend, therefore, one who witnesses his friend drowning in the sea or brigands attacking him and he [has the ability to] save him, or he heard that people seek harm to him…and he does not contact his friend to reveal this, he is in violation of the Biblical prohibition of ‘do not stand idly over the blood of your neighbor.’” (Rambam, Hilkhot Ro-tzeah Chapter 1:14 See also Shulhan Arukh Hoshen Mishpat 42:1, cited by Rav Ovadia Yosef, Responsa Yehaveh Daat, Volume 4: Siman 60) Indeed, Rav Ovadia Yosef contends that the reason the Biblical verse starts with a prohibition against standing idly by the blood of your neighbor is to manifest that saving a neighbor from damage is more important than maintaining the confidentiality of certain information.

Thus, the rabbi and the professional practitioner are permitted and may even be required to reveal information that may prevent harm to others. This, for example, would mandate revealing knowledge that a prospective bridegroom had AIDS. It would, moreover, require one to reveal to a prospective employer that a certain person has a serious heart condition and should not be entrusted with becoming a bus driver for young children. It would, also obligate one to divulge information that will prevent monetary damage to others even though it could destroy the reputation of the person who confided the private information. This generates a difficult moral as well as professional dilemma. The fact that a psychologist may reveal to others, the foibles or illness of their clients to hopefully prevent communal damage may jeopardize the psychologist’s entire career. Word will get out that the psychologist does not honor a code of confidentiality. Accordingly, clients will feel that they cannot trust the therapist to withhold divulging private information. Once such a rumor takes hold in the community, no one will be willing to confide in the professional. At issue is whether a person is required to jeopardize his or her professional career by revealing confidential information detrimental to others. Namely, is a person obligated to sacrifice one’s own career to prevent others from being hurt? What ruling does halakha provide in such a quandary?

When confronted with the cost of observing a mitzvah, the rule is that one is not required to expend more than one fifth of income. As such, should an item required for the performance of a mitzvah cost more than one-fifth of one’s income, the Jew would not be obligated to purchase such a costly item, even as a result he would not observe the mitzvah. This rule relates only to the observance of positive mitzvoth. When dealing with the violation of negative mitzvoth, there is no financial limit imposed upon the Jew. All funds must be expended to forestall the violation of a Biblical negative command. (Rama, Shulchan Aruch Orach Chayyim 656) Scholars, however, finely hone this rule. They contend that the issue of concern is not whether the cost of observing a mitzvah is either a violation of a positive or a negative mitzvah. The issue is whether a positive action is necessary in order to violate the negative mitzvah, or whether a violation takes place by inaction, (as termed in Talmudic parlance, shev v’al ta’aseh). (Pit-hei Teshuva, Yoreh Deah 157:4) As such, silence in the face of a crime that may occur to others, does not obligate any professional to jeopardize their careers. In a way, it revolves around the pivotal issue of conscience and personal judgment. The key question is not necessarily what does Jewish law say, but, rather, can you live with yourself by the judgment you, yourself may have made. Namely, to speak or not to speak, that is the question.

Not many years ago a woman revealed to her Rabbi in Long Island that her husband was not aware that she stopped going to the Mikvah.The Rabbi , in an attempt to prevent the husband from committing a sin, revealed this information to her husband.The woman was aghast at this violation of confidentiality. The Rabbi defended himself by stating that it was his moral and religious obligation to prevent the husband from committing sin.Regardless of who was right, one glaring truth emanated from this incident. No one in the community would ever trust again confidential matters to the Rabbi in question His role as a trusted professional was over.Once the word is out that a Rabbi may reveal confidential matters, then the public will most probably not confide in him again. One means of ameliorating the difficulties of the decision making process, is to seek the advice of an objective third party. The Mishna Berura, for example, contends that in matters pertaining to money, it is best never to make a decision by oneself. In these matters the evil inclination will seek out legal loopholes of support. (Orakh Hayyim 605:1) In other words, the decision of an outsider will be much more objective and less tainted. So too in matters relating to moral quandaries. Seek out an objective voice. Many times, the Rabbi will be asked to make the judgment as to whether it is more ethical to be silent or to reveal confidences. His decision( hopefully) will be based upon Torah and moral principles, not just personal judgments. At times, the old rule that discreticon is the best of valour serves as the guiding standard. This issue needs community dialogue and input.

Award for Rabbi M. Angel's Book: Maimonides, Spinoza and Us

Maimonides, Spinoza and Us: Toward an Intellectually Vibrant Judaism
by
Rabbi Marc D. Angel

has been selected as a finalist of the

2009 NATIONAL JEWISH BOOK AWARD
in the category of
Scholarship

This book was selected after careful analysis by a panel of three judges who are all authorities in their field. The judges encountered a great deal of difficulty in making their decisions this year. Several categories offered many viable candidates, which made the selection even harder. It is gratifying to know there is a wide range of Jewish content books available. This book now joins the ranks of the hundreds of well-respected, classic Jewish books that have been National Jewish Book Award finalists. The National Jewish Book Awards, now in its 59th year, is the longest-running program of its kind in North America.

Copies of "Maimonides, Spinoza and Us" are available from the online store at www.jewishideas.org. Institute members receive a 20% discount. This book is not only a great addition to your home library, but will make an excellent gift.

A Modern Orthodox Approach to Interfaith Dialogue

In 1964, Rabbi Dr. Joseph Soloveitchik (the Rav), the formative intellectual leader of postwar American Modern Orthodoxy, wrote that Jewish-Christian interfaith relations "must be outer-directed and related to the secular orders with which men of faith come face to face. In the secular sphere, we may discuss positions to be taken, ideas to be evolved, and plans to be formulated. In these matters, religious communities may together recommend action to be developed and may seize the initiative to be implemented later by general society."[1] In 1966 this mandate was practically formulated by the Rabbinical Council of America to mean that interfaith work ought to be about positively affecting "the public world of humanitarian and cultural endeavors...on such topics as War and Peace, Poverty, Freedom, ... Moral Values, ...Secularism, Technology... , Civil Rights."[2]

The flip side of this position emphasizing social justice work as the sole authentic purpose of interfaith dialogue was that interfaith discussion on the level of doctrinal dialogue was disallowed. Indeed, the Rav had made that point explicit. In good neo-Kantian fashion, he posited that authentic revelatory religion is ultimately a private affair and there is no point in debating it.

The Rav's existentialist bent further buttressed a philosophic argument against doctrinal dialogue. Since the human condition centers around an individual's loneliness and search for meaning through, in his model, the Halakhic life and its faith, any attempt at communication about the content of this ultimately incommunicable commitment to members of other religions would not only be futile, but a diminution of the covenantal experience itself. The Rav's position arguing for worldly civic engagement rather than abstracted theological negotiation became the Halakhic guidepost by which the centrist wing of traditional Jewry has historically measured its joint efforts with non-Jewish partners in faith.

The Rabbinical Council of America's 1966 statement crystallizing the Rav's philosophic language into praxis was a direct reaction to the Second Vatican Council's declaration of Nostra Aetate seeking more open, collegial discussion with Jews "especially, by way of biblical and theological enquiry and through friendly discussions."[3] However earnest and positive Nostra Aetate turned out to be, at that early date of its initiation, and just two decades after the Holocaust perpetrated by Christian Europe, the Rav could not easily let go of concerns based on centuries of persecution of Jews, both in general but historically often taking the form of theological disputations.

Notwithstanding that historical backdrop, I am convinced that, based on his essential neo-Kantianism, the Rav really did believe in principle that it was purposeless to embark on discussions about the nature of the Divine. Nothing really serious could come of that. Rather, shared human concerns, emanating from general religious convictions that speak to the practical needs of man in the secular sphere, would be a more realizable effort in both substance and usefulness in the material world, with which, after all, the Rav's ideal human type, Halakhic man, is most concerned.

Interfaith scholar Rabbi Dr. Eugene Korn notes that the Rav never signed an outright ban on interfaith dialogue promulgated by the universally respected Halakhic arbiter Rabbi Moshe Feinstein.[4] This makes clear that the Rav's objection to interfaith dialogue was one of degree at the speculative level of joint covenantal rumination, but not one of kind altogether to the interfaith project in and of itself.

Of course, the Rav's stature as the pre-eminent Halakhist of Modern Orthodoxy makes his judgment in any arena the primary stance one has to take into account when embarking on a related effort. But, there is also a cogency to his argument on both intuitive and philosophic levels which I think was historically prescient.

On the intuitive level, if religion is ultimately about grasping for the ineffable through one's own tradition, is it really possible to communicate in mere human language, whether through argument about a particular piece of text or dogma, the universe of feeling behind that lived faith? Furthermore, I wouldn't put it past the Rav to have recognized in the early nineteen sixties that globalization and a more pluralistic bundle of identities was upon us. We had firmly left the medieval world of absolutes, and even the Enlightenment world of universal reason.

Philosophically then, we are living in a period that presumes a confidence in the authenticity of one's own cultural context, obviating the need to negotiate one's particularistic convictions. Rabbi Dr. Walter Wurzburger wrote that the Rav was a Halakhic judge for post-moderns precisely because of his "objection to the employment of modern historic and textual scholarship to ascertain the meaning of halakha," which "reflects not naive traditionalism but highly sophisticated post-modern critical thought. He insists that halakha operate with its own unique canons of interpretation."[5] In their own ways, text-based postmodern philosophers Derrida and Gadamer came to the same conclusion.

Our age is one of multiple global identities not necessarily in competition with one another, but rather ideally co-existing in their happily independent and authentic cultural lives based on their own self-understood communally transmitted truths. The Rav's thinking in 1964 on the relationship between diverse faith communities may be viewed as not just courageous for staking out a unique claim against the public tide of the time, but in fact turns out to be an apt description of current postmodern social mores.

This is the intellectual setting of a new interfaith effort called the Faith and Public Policy Roundtable. It was established to address the secular arena of public policy the Rav felt it appropriate for this type of forum to consider. In September of 2008, as the American economy was clearly on its way to a sudden and sharp contraction, a group of New York area Jewish, Catholic, and Protestant religious leaders gathered as a think tank to explore whether they might develop language and programmatic ideas that could offer a way of religiously speaking to our deepest civic concerns as Americans. The agenda formulated at our founding continues to drive us: to demonstrate that mainstream religious communal figures outside the fundamentalist orbit could generate a public theology and speak to social issues as strongly and definitively as the evangelical sector.

The invitation that went out to founding steering committee members explicitly invoked the Rav's mandate to focus on shared public concerns by informing participants that "This is not a group devoted to doctrinal negotiation, but rather a think tank concerned with offering a language that joins the concerns of faith to the concerns of the polity."[6] This idea of not dealing with doctrine extended organically to any joint work on the roundtable between me as an Orthodox member and non-Orthodox Rabbinic colleagues. Our task was not to reconcile differing faith perspectives, but rather to address the polis as a religious voice concerned with public policy.

At subsequent meetings, the Rav's position was openly discussed and seemed natural. Our sense as a group of American clergy and academics is that we are living in an era during which our religious communities do not feel palpably threatened, either from outside forces or by each other. The global sensibility I think the Rav intuited is an organic part of contemporary social life.

As meetings went on, it became clear that we all hoped our activity would not only add a spiritual dimension to the public space, but reinvigorate our respective faith communities' populations to deepen their own civic engagement as well. We bemoaned the overwhelming reality we shared anecdotally that our organizations' members often lead bifurcated lives as religious adherents without somehow extending that commitment to the whole of life beyond distinctly ritualistic settings such as prayer services. Each of us brought to the table a gnawing frustration that our communities didn't quite catch that their traditions are ultimately prophetic and seek out justice as a core value.

We recognized through 2008 into 2009 that public outrage was growing over the practices of some of our largest corporations alongside an ongoing debate about how government ought to react. It seemed clear that Americans were now reflecting upon what our democracy has come to. Perhaps this was in fact our group's time to make a case to our own communities as much as to the world at large that the religious life is an activist life demanding accountability at all levels of the human family.

It was immediately clear that the economic downturn had to be the first issue we tackled. After all, it was a distillation, all too real in its crushing impact, of values, now clearly askew, that Americans had been taking for granted in recent decades. British Chief Rabbi Dr. Jonathan Sacks suggests that a United States once claiming Biblical ideals of shared republican purpose as its lodestar is increasingly speaking in terms of a crass individualism supporting only the protection of private interests. The volunteeristic skin of de Tocqueville's America has been shed.[7] Political scientist Robert Putnam's famous 2001 study of the decline in American civic participation[8] only proved Rabbi Sacks' sad premonition. We've learned all too clearly by now that a political and economic culture driven solely by an ethos of privatism is unsustainable. This is where the perspective of faith and its values may step in to provide some guidance.

The Faith and Public Policy Roundtable seeks to capture the immediacy of conviction and language exemplified by public theologians of a previous era such as Heschel and Niebuhr. Those kinds of prophetic voices are conspicuous by their absence from American public life today. As our Co-Chair Rev. Dr. Gary Mills claims, "We are convinced that it is high time for mainstream, non-fundamentalist religious leadership and scholars to re-emerge in the American conversation on issues like the economy, education, war and peace, and healthcare, to name just a few."[9]

At the end of 2009 the Roundtable released its debut position paper, a Statement on the Economy. This paper illuminates the religious dimension of economic justice. It seeks to begin generating a non-fundamentalist public theology by positing essential religious values as a lens through which to evaluate policy.

To follow up on the release of the economy statement, the Roundtable organized a Call to Action Weekend for November 20-22, 2009, the weekend before Thanksgiving, which featured charitable advocacy and thematically coordinated sermons on social justice at seventy three New York area houses of worship.

The Statement on the Economy has been signed to date by thirty four religious leaders, ranging from the Catholic Archbishop of New York to major leaders representing Orthodoxy and the Conservative and Reform movements. Additionally, five major area academic and religious institutions such as Fordham University and Wagner College are hosting our statement on their websites.

Father Patrick Ryan, S.J., a founding steering committee member, put it succinctly when he stated, "This economy has opened up a window for discussion of the common values" that "bind us together as Americans and as members of the human family. Our task is to articulate those values and provide thinking on their civic and spiritual dimensions."[10] Our next task is to take on the immigration issue. To that end, we are drafting a new position paper and will host a conference in Spring featuring panelists who speak to the issue of immigration from the perspective of faith.

This has been a broad introduction to the context and mission of our Roundtable. But, as an Orthodox Rabbi, there is yet one more dimension to this work that is perhaps its most important attribute. It is to live out the wise teaching of the Rav, so sensible as sevarah, clearly reasoned logic, and yet at the same time so in tune with the classic mesorah, the fundamental tendency of the tradition. The Rav's argument is one that simultaneously speaks to justice and the observant Jew's mandated involvement with his or her world.

While the Rav correctly surmised that Torah could not be translated into neutral language, he believed that, both as descendants of Adam and Abraham, our lives as Jews are bound up with the state of our all too human universe. The Halakhic life demands a rigorous engagement with every facet of the human condition. Retreating from vigorous involvement with society at large is a retreat from humanity itself, and that is not, finally, the Jewish way.

[1]1 Joseph B. Soloveitchik, Confrontation, Tradition: A Journal of Orthodox Thought, Vol. 6, No. 2, 1964

[2] Boston College, Center for Jewish-Christian Learning, http://www.bc.edu/research/cjl/meta-elements/texts/center/conferences/so...
Conference, Rabbi Joseph Soloveitchik on Interreligious Dialogue: Forty Years Later, November, 2003 
[3] Nostra Aetate, DECLARATION ON THE RELATIONSHIP OF THE CHURCH TO NON-CHRISTIAN RELIGIONS, Second Vatican Council, October 28, 1965
[4] Eugene Korn, The Man of Faith and Religious Dialogue: Revisiting "Confrontation" After Forty Years http://www.bc.edu/research/cjl/meta-elements/texts/center/conferences/so... Boston College, Center for Jewish-Christian Learning, Conference, Rabbi Joseph Soloveitchik on Interreligious Dialogue: Forty Years Later, November, 2003

5 Walter S. Wurzburger, Rav Joseph B. Soloveitchik as Posek of post-modern Orthodoxy, Tradition, Vol. 29, No. 1, 1994

[5] 
[6] Letter of Invitation, Faith and Public Policy Roundtable, September 2, 2008
[7] Jonathan Sacks, The Persistence of Faith, London: Continuum, 1991
[8] Robert Putnam, Bowling Alone: The Collapse and Revival of American Community, New York: Simon and Schuster, 2001
[9] Faith and Public Policy Roundtable, Press Release, Fordham University, Bronx, New York, and Wagner College, Staten Island, New York, November 3, 2009
[10] Faith and Public Policy Roundtable, Press Release, Fordham University, Bronx, New York, and Wagner College, Staten Island, New York, November 3, 2009

 

 

FAITH AND PUBLIC POLICY ROUNDTABLE
STATEMENT ON THE ECONOMY
NOVEMBER 2009
In the fall of 2008, amidst the financial and political turmoil enveloping America and the world, a group of religious leaders came together in New York City to consider the role of non-fundamentalist religious voices in the American public space. Meeting regularly, this group developed consensus for approaching public policy issues. Our immediate concern is the economy in both its domestic and global dimensions.
The economic crisis is a moral issue. Therefore, our response to it must be framed in moral terms. As our President has said, if our country is to recover its prosperity--not simply for our own good, but for the good of our interdependent world--then we must reinvest in society not only with money but with a renewed sense of shared civic responsibility. 
Millions of people, here in America and around the world, are suffering from severe economic distress. Unemployment and bankruptcy are increasing. Foreclosure and fraud have multiplied. Poverty persists and deepens. This has occurred, in many cases, because of a disengagement of the financial sector from civil society and neglect of their responsibilities within it.
Neither is government or the citizenry exempt from responsibility. Our civic and public institutions have clearly weakened as checks on institutional gluttony. There is a feeling on Main Street that our largest institutions, whether public or private, are far removed from the disempowered voices of America. Decisions are being made at a distance from those among us most affected by this economic crisis.
Our personal and collective responsibilities to each other, locally, nationally, and globally, are rooted in our belief in the sacredness of human life. We believe that every human being has been created in God's image and ought to be treated accordingly. This conviction suggests criteria for evaluating policy. 
At all times, but especially during this time of recession, these criteria or values are: reinvestment in families and strong communities, protection of basic human rights, consideration of the common good, a weighted concern for the needs of the poorest and most vulnerable in society, stewardship of the natural world, and most importantly, a renewed sense of interconnectedness across the breadth of the human family, crossing ethnic, religious, racial, economic and ideological lines.
We call for the unequivocal accountability of corporate America to America. The corporation has the same responsibilities as any other citizen of civil society. Economic profit should not exclude moral purpose. 
We call on government to listen more closely to America. 
Today, the narrative of Exodus and redemption from oppression calls every person of faith to action-to be God's hands in freeing God's creatures from the oppression and moral corruption to which we all bear witness. But the Exodus was not only about freedom from oppression-it was also about the forging of a just society. 
The words of the prophets call on us whether as individual people of faith, as members of religious communities, or as religious leaders, to organize and work for social change. We must reinvest in our society on civic and religious grounds lest its healing be impaired. 
The public message of faith today calls on every American to become more profoundly engaged in our nation's civic life through service and advocacy, to demand deeper accountability of our public and private institutions. 
May the prayers of our lips, the work of our hands, and the spirit of our hearts come together to bring about a new era infused with justice, suffused with dignity, committed to the vision of a more perfect union.
For more information and to become involved, email the Faith and Public Policy Roundtable at [email protected]

FAITH AND PUBLIC POLICY ROUNDTABLE
STEERING COMMITTEE 
In alphabetical order

Noah Arnow, 
senior student, Jewish Theological Seminary

Rabbi David Lincoln, 
Rabbi Emeritus, Park Avenue Synagogue, New York, NY

*The Reverend Dr. Gary Mills, 
Assistant to the Bishop for Global and Multicultural Administration, Metropolitan New York Synod, Evangelical Lutheran Church in America

Rabbi Stephanie Ruskay,
National Education Director, Avodah: The Jewish Service Corps

The Reverend Patrick J. Ryan, S.J., 
Laurence J. McGinley Professor of Religion and Society, Fordham University

Dr. Henry Schwalbenberg, 
Director, Graduate Program in International Political Economy and Development (IPED), Fordham University

The Reverend Jared R. Stahler, 
Associate Pastor, St. Peter's Church, New York, NY

*Rabbi Dr. Abraham Unger, 
Assistant Professor and Director of Urban Programs, Department of Government and Politics & Campus Rabbi, Wagner College
Rabbi, Congregation Ahavath Israel, Staten Islan, NY

*Steering Committee Co-chair

Signatories to the Faith and Public Policy Roundtable Statement on the Economy

New Signatory 
His Excellency, Archbishop Timothy M. Dolan
Archdiocese of New York

Signatories
In alphabetical order

Rabbi Marc D. Angel, 
Founder and Director, Institute for Jewish Ideas and Ideals

The Reverend Eduardo Arias, 
Pastor, Iglesia Luterana Sion, New York, NY

Noah Arnow, 
senior student, Jewish Theological Seminary

The Reverend J. Elise Brown, 
Pastor, Advent Lutheran Church, New York, NY

The Reverend Perucy Butiko, 
Pastor, Holy Trinity Lutheran Church, Hollis, New York

The Reverend Amandus J. Derr, 
Senior Pastor, Saint Peter's Church, New York, NY

Rabbi Dr. David Ellenson,
President, Hebrew Union College-Jewish Institute of Religion

The Reverend Sarah Geddada, 
Pastor, Floral Park, New York

Rabbi Jason Herman, 
Executive Director, International Rabbinic Fellowship

Dr. Serene Jones, 
President, Union Theological Seminary

The Reverend Kathleen Koran, 
Assistant to the Bishop, Metropolitan New York Synod, 
Evangelical Lutheran Church in America, 
New York, NY

The Reverend Barrie Lawless, Pastor, 
Our Saviour's Atonement Lutheran Church, 
New York, NY

Rabbi David Lincoln, 
Rabbi Emeritus, Park Avenue Synagogue, New York, NY

The Reverend Jonathan Linman, 
Assistant to the Bishop, 
Metropolitan New York Synod,
Evangelical Lutheran Church in America, 
New York, NY

Rabbi Dov Linzer, 
Rosh HaYeshiva and 
Dean, Yeshivat Chovevei Torah Rabbinical School

The Reverend Joseph M. McShane, S.J., 
President, Fordham University

The Reverend Christopher Mietlowski, 
Pastor, Gustavus Adolphus Lutheran Church,
New York, NY

The Reverend Dr. Gary Mills, 
Assistant to the Bishop for Global and Multicultural Administration, Metropolitan New York Synod, Evangelical Lutheran Church in America

Rabbi Jack Moline, 
Director of Public Policy, The Rabbinical Assembly

The Reverend Daniel Peter Penumaka, 
Pastor, St. Paul's International Lutheran Church, 
Floral Park, New York

The Very Reverend Robert Rimbo, 
Bishop, Metropolitan New York Synod, Evangelical Lutheran Church in American, New York, NY

The Reverend. David Rommereim, 
Pastor, Good Shepherd Lutheran Church,
Brooklyn, NY

Rabbi Stephanie Ruskay, 
National Education Director, Avodah: The Jewish Service Corps,

The Reverend Patrick J. Ryan, S.J., 
Laurence J. McGinley Professor of Religion and Society, Fordham University

The Reverend Giovanny Sanchez, 
Pastor, Espiritu Santo Lutheran Church, Brooklyn, NY

Rabbi Julie Schonfeld, 
Executive Vice President, The Rabbinical Assembly

Dr. Henry Schwalbenberg, 
Director, Graduate Program in International Political Economy and Development (IPED), Fordham University

The Reverend Kaji R. Spellman, 
Associate Pastor, Saint Peter's Church, New York, NY

The Reverend Jared R. Stahler, 
Associate Pastor, St. Peter's Church, New York, NY

The Reverend Donald Stiger, 
Senior Vice President for Mission and Spiritual Care, Lutheran Health Care, Brooklyn, NY

Rabbi Dr. Abraham Unger, 
Assistant Professor and Director of Urban Programs, Department of Government and Politics & Campus Rabbi, Wagner College
Rabbi, Congregation Ahavath Israel, Staten Island, NY

Rabbi Dr. Tzvi Hersh Weinreb, 
Executive Vice President, Emeritus, Orthodox Union

Rabbi Jeffrey Wohlberg, 
President, The Rabbinical Assembly

Institutional affiliations for identification purposes only

Breakfast Program with Lecture by Rav David Bigman

Rav David Bigman, Rosh Yeshiva of the Yeshiva Hesder of Maale Gilboa, will be the guest speaker at a breakfast program sponsored by the Institute for Jewish Ideas and Ideals. The event will be held at Congregation Shearith Israel, 2 West 70th Street, in Manhattan, on Wednesday morning December 23. Services are at 7:15 am, followed by the breakfast at about 8:00 am. The program will run until about 9:15 am.

Rav Bigman's topic is: The Paradox of Spiritual Enlightenment.  Rav Bigman is well known as an outstanding scholar, thinker, author and lecturer. The Institute for Jewish Ideas and Ideals is working with Rav Bigman on a series of programs in Israel geared to Israeli teen agers, to give them a deeper insight into the grand teachings of Torah Judaism.

There is no charge to attend the breakfast program on December 23, but reservations are required. Please reply by email to [email protected].; or by calling the Institute office at 212 362 4764. This program is open only to paid members of the Institute, and attendance is limited. So please reserve your space right away to avoid disappointment.

Environmental Issues in Israel

 

Located on a landbridge between Africa and the Middle East, Israel is a small country with a unique environmental landscape and a wide range of climates and ecosystems. Within the span of just a few hours, it is possible to drive from the lowest point on earth, where you can swim in the Dead Sea, to the top of Mt. Hermon, where you can go skiing.

Before the creation of the State of Israel, the land was mostly empty and barren. The population density was low. In the last 60 years, Israel has transformed into one of the most densely populated countries on earth.

Israel has been side-tracked by rapid development, consecutive wars, and civil unrest, which have led to wanton use of scare resources and full-scale environmental destruction. With so many people fighting over ownership of the land, very few of the players have actually made the protection of the land itself a priority. Although many people are concerned about the existential threat to Israel, many overlook the very real threat to the health of Israeli citizens by environmental hazards. Recent research has shown that the number of deaths per year from environmental-related illnesses—including respiratory diseases, cardiovascular diseases, and cancer—is in the thousands.

It is easy to get depressed when working in the environmental field here in Israel. There are so many problems, and environmental issues are generally not taken seriously. The ramifications of ignoring environmental issues are dire—they include health problems, energy shortages, and water shortages. Israel is on the brink of numerous disasters. That said, I am not worried about Israel at all. For better or worse, Israelis thrive on emergencies. Long-term planning is basically non-existent. Israelis fly by the seat of their pants—and one way or another, they generally end up on top. That is why, faced with the unmitigated environmental mess that Israel has right now, I have hope. The challenge will not be whether or not Israel can handle the challenge; it will be proving to the government and the average Israeli that the threat is real, imminent, and requires immediate action.

Israel is a small country with few natural resources but enormous scientific, engineering, and academic resources. The miracle of this country is that the threats that I am writing about today can be a thing of the past in just a few years. Israel already has within its borders enough ingenuity to transform its environment from one on the brink of disaster to a light unto the nations (based on renewable energy, of course).

Although creating solutions to environmental problems is initially costly and challenging, the reward is also very high. Not only will such solutions create a healthier population and ecosystem; but due to the demand for new technologies to solve the global environmental crisis, they will lead to enduring economic prosperity.

Israel is already a world leader in the new field of clean technology. But like Israel's best fruits, the best technology is being exported to other countries. This is not the fault of the companies themselves, many of which would like to see their technologies adopted regardless of any profit. Unfortunately they cannot overcome the bureaucratic barriers in place by government agencies that do not recognize the importance or potential of adopting clean technology into their infrastructure.

Industry and economic prosperity are no longer at odds with environmental protection. The systematic solution to Israel's problems is the creation of a thriving industry in clean technology.

In this article, I will outline Israel's basic environmental challenges and potential solutions. I will also introduce readers to new concepts of Israeli ingenuity that can lead to dramatic differences in the Israeli ecosystem over the next few years. Because Israel is an ecosystem, all things are connected; so too, in this article each section is connected to the other. I have broken the article into topics of water, air quality, transportation, and energy. Each of these subjects overlaps with the others. It is impossible to separate pollution from poor public transportation and air quality in general; but for the purpose of coherency, I will try to tackle each topic one at a time.

There are two very different schools of thought that are currently emerging into today's Israeli environmental movement: the "old school" of traditional conservationists versus the new clean technology field. While they should not be at odds, they have yet to join together. Traditional conservationists focus mainly on protecting resources, preventing development, and acting as a regulatory force for industrial development. Clean technology is a term that has developed over the last five years to describe new technologies that produce solutions for environmental problems—specifically in the areas of energy, transportation, and water.

 

Water

 

Water is Israel's most pressing environmental challenge—and is indeed the area where Israel has made the most progress. The barren landscape provides very few natural water resources, and the explosions of industry and population have led to a major drain on the sparse water resources that already exist. It would not be an exaggeration to say that Israel's water situation is dire and that the future of the country (and some say the future of peace in the Middle East) is dependent on the management of this precious resource.

The mighty Jordan river has been reduced to a trickle, and many of Israel's other rivers have either dried up or become contaminated by industrial discharge, sewage, and agricultural pollutants such as pesticides and fertilizer. Due to five years of low rainfall, Israel is in the midst of a draught. The Kinneret, Israel's only freshwater lake, consistently sinks below the minimum level that it needs to maintain its integrity without turning into a swamp; and even the Dead Sea is reaching record lows and is at risk of drying up completely. Most drinking water comes from coastal and mountain aquifers, which are quickly being drained or polluted. Demand and consumption have been increasing steadily, and supplies are dwindling.

Israelis have worked to improve the water economy in numerous ways—desalinization, water-saving technologies, extensive use of recycled water, purification systems for aquifers and fresh water systems, and the institution and enforcement of stricter regulation. The government has set up a new tax that gives all residents an allotment of water per month for a reasonable price. Those who go over this amount pay a hefty fee, which rises proportionally to the amount of water used, with people who use the most paying more per cubic meter. This policy has just been put into place, and it remains to be seen what the effect will be. Officials are optimistic.

Although Israel has been developing these technologies for domestic use, the technologies are proving to be groundbreaking in both innovation and application. Oceans cover 70 percent of the world's surface and constitute 97 percent of the world's water. Of the 3 percent of the world's fresh water, an estimated 70 percent is contained in the polar ice caps and is not available for human consumption—leaving only approximately 1 percent of the world's water available for human use. Until recently, fresh water has been considered to be a finite resource; but Israel is proving that this is not the case. Israel has developed and implemented the process of desalinization, which extracts fresh water from ocean water. This is a major innovation. By the end of 2009, desalinization will produce about 40 percent of the country's domestic consumption; this is expected to rise to 80 percent by 2014.

International agencies are now seeking Israeli solutions for help to solve the global freshwater shortage. It is estimated that there are more than 1 billion people worldwide who do not have access to clean water on a regular basis. The World Health Organization claims that poor drinking water and inadequate sanitation claim the lives of approximately 5 million people per year due to water- related health issues, including dysentery, schistosomiasis, trachoma, or infestation with ascaris, guinea worm, or hookworm.

Water security is one of Israel's chief concerns and the environmental issue that Israel is most successfully tackling. Israel's commitment to ensuring clean water availability for the future will not only help the population of the country but also, it seems, will help people around the world.

 

Air Quality

 

Air quality represents one of Israel's the most immediate health concerns and is often called an "invisible killer.” It is one of the most serious problems—but also one of the easiest environmental problems to solve. Air flows from one region to the next, and there is no need to actually clean the air; simply stopping to pollute it will fix the problem. Air pollution is easy to pinpoint and must be dealt with at its source. Emission standards, which are set and enforced by the government, are the most important aspect of any clean-air initiative. At this point, Israel's official standards are good, but they are poorly enforced; in many cities, pollutant levels are approximately 65 percent above the levels set by the World Health Organization.

Israel's air quality is measured by a national network that has over 2,000 stations throughout the country. There are various problems, depending on the region. Most air pollution is created by transportation, energy production, and industry, and these have all increased dramatically over the last few years. The number of vehicles in Israel has almost doubled within the last ten years, as has electricity consumption. The major air pollutants are particle matter, nitrous oxides, ozone, hydrocarbons, carbon monoxide, sulfur dioxide, carbon dioxide, and lead.

Air pollution in Israel is aggravated by its very own landscape. The small land area, arid climate, lack of rain, and coastal industries near densely populated communities create increasingly poor air quality. Haifa Bay is one of the hardest-hit areas, as it combines intense industrial activity with difficult atmospheric dispersion conditions caused by the Mediterranean Sea and the topography of Mount Carmel. This leads to high levels of pollutants that are not easily dispersed. Despite efforts over the years to reduce air pollution levels, they have been mostly unsuccessful. A new approach is being implemented that will now focus more on emission standards as opposed to ambient toxin levels in hopes of regulating the creation of the problem.

There are a number of simple and effective solutions that Israel can put in place to preserve air quality. One of the most important is to regulate industry. Tight controls on emissions from factories will reduce the amount of toxic chemicals released into the atmosphere.

Another problem, which has social implications, is the uncontrolled burning of garbage. Pound for pound, an uncontrolled fire can produce thousands of times more toxins into the atmosphere than a high-temperature incinerator. Garbage burning is particularly commonplace in Arab areas. This leads to extremely bad air quality in the villages and contributes to air pollution in general leading to significant health problems for the entire population.

Transportation is another major cause of air pollution. It is effective to set higher standards on car emissions, but that is not the ideal. The ideal is to get combustion engine vehicles off the road by switching to public transportation that is environmentally sustainable, such as light rails and trains. For those who want to continue to own their own car but lower their carbon footprint, Israel is introducing a network for electric cars that will be online in the next few years. This will be discussed in greater detail in the transportation section of this article.

Finally, energy production, which will also be discussed in more detail, is a major air pollutant. Coal-burning plants and fossil fuels are the main sources of air pollution spreading poisonous gases into the air. As with transportation, regulation of emissions on the current use of energy production is helpful; but the ideal is to switch energy production to new, cleaner resources such as solar, wind, and water power.

 

Transportation

 

Israel has become an increasingly mobile society. It is not uncommon for Israelis to make long commutes, travelling from one city to the next—and at times, from one side of the country to the other—for work. In the early years of the State, public transportation was a priority, and many people relied on Egged, the national bus company, to get from place to place; but this is no longer the case. Public transportation lacks funding, and many bureaucrats have been following the poor example set by the United States of building more roads as opposed to light rails and trains, which are common in Europe.

The majority of Israelis still travel by public transportation, primarily on buses. Egged is still the largest bus company, but it is not as ubiquitous as it once was. Despite the rise in people's mobility and their need for transportation, there has not been a significant rise in the number of buses since the 1980s. Private cars in Israel used to be seen as a luxury item, but due to rapid economic growth and poor government planning, many Israelis now need private cars because they lack alternative means of transportation. High gas prices and associated costs make owning a car extremely expensive; and it is not unheard of for people to spend up to one third of their monthly salary on a car and its associated costs. In 1960 there were 70,000 vehicles in Israel, and the vehicle density was ten cars for every kilometer of road. Today there are an estimated 2.1 million cars on the road, and the vehicle density has risen to an average of 120 cars per kilometer.

A prime example of this is the Modi'in area (between Jerusalem and Tel Aviv), which is touted as being one of the best planned cities in the country. Modi'in has been developed primarily over the past ten years, and the city is still under construction. The only public transportation is an inadequate bus system that does not connect to any of the outlying areas. In the center of Modi'in, there is a train station that connects to almost every major city in the country. Unfortunately, most bus lines do not stop at the train station, and surrounding villages have almost no access by public transportation at all. Extensive research has shown that for intercity public transportation to work there must be intracity public transportation as well. If people cannot easily travel from the train to their final destination, they will not take the train. This unfortunately leaves Modi'in with a beautiful new station and relatively few passengers.

Although public transportation is generally considered the ideal for environmental preservation, there are cleaner options for private transportation than the existing combustion engine car. Israel is about to become the first country in the world to have in place a national network of electric cars and charging stations. In a study done in 2009 (by Project Better Place), 57 percent of Israelis reported that they would make their next car purchase an electric vehicle if given the option.

Project Better Place is a private company based in Israel, with branches in the United States, Australia, Denmark, Canada, and Japan. They are the world's leading electric vehicle (EV) services provider, and they have already begun work on a series of charging stations throughout Israel. They have signed contracts with all of Israel's major malls, with train stations, and with Jerusalem's Mayor Nir Barkat, who will place charging stations throughout the city of Jerusalem for a pilot project starting this year.

Israel is currently the world leader in electric vehicle adoption, and it will be interesting to see how this develops in the near future. Electric cars are cleaner and better for the environment than gas guzzling combustion engines, but it begs the question: Where is Israel going to get the electricity to meet the country's transportation needs?

 

Energy

            As Israel develops technologically and the standard of living rises, its energy needs are also rising. From cars to air conditioners, Israelis are becoming used to amenities that were almost unheard of just a few years ago. This has led to electric blackouts in the summers when energy needs are highest, and is setting up a future energy crisis where Israel will not be able to meet the needs. Energy experts agree that Israel lacks the proper infrastructure to meet the growing demands. Immediate measures need to be taken to ensure the energy supply.

Israel is, unfortunately, dependent on fossil fuels for the production of electricity; but since it has no natural resources of fossil fuels, it has to depend mainly on long-term contracts with countries including Mexico, Norway, the United Kingdom, and Australia for oil. Israel is one of the only countries that has a power grid that is not connected to that of any other nation—making Israel into a virtual electric island. For security reasons, it is vital that Israel secure its power production. Due to the animosity of surrounding countries, Israel has no access to the copious amounts of oil from neighboring oil-rich nations. Because of that, Israel relies on coal, imported mainly from South Africa, for its electric power generating plants.

Coal is an extremely dirty source of fuel, creating hundreds of thousands of tons of ash per year. Burning coal releases mercury, selenium, boron, and dioxins, which are extremely dangerous, and the process also contributes to global warming by emitting carbon dioxide and methane (greenhouse gases). Burning coal also creates acid rain, which has harmful effects on plants, aquatic animals, and infrastructure. Environmental Minister Gilad Erdan has recently campaigned against the proposed coal power plant, which would increase existing emissions by more than 10 percent.

Last year, natural gas was found off the coast of Haifa, and plans are being made to use this resource for energy production. Although this could keep Israel running with its existing infrastructure, it will someday run out and leave the country in the same situation that it is in today.

New polices and alternative energy can help boost the level of energy available. A more intelligent use of existing resources can also help to avert the pending environmental crisis. This can be done by encouraging the use of energy-efficient appliances, doing things as simple as turning off lights in rooms that are not in use, and being selective about the use of air conditioners in the heat of summer. Simple actions such as planting trees can cut a house's energy usage by 15 percent due to the shade. Saving energy can be more effective than finding new (even "green”) ways to produce it.

Most important, Israel needs to change its source of energy to renewable sources such as solar, wind, wave, and bio fuels. Israeli companies are leading the way in technological innovation, but this innovation is being applied mainly in other countries. Prime Minister Netanyahu has claimed that the country is on a path toward energy independence, and Environmental Minister Gilad Erdan has expressed a commitment to following through on that claim.

Although it is a step in the right direction that the government has begun to see energy independence as a vital goal, it will be interesting to see how this will play out on the ground. As of now, there has been little progress to move this agenda forward.

 

Conclusion
 

Despite Israel's leap into the "first world" in regard to standards of living, Israel is still very much a third-world nation. Rampant pollution, poor resource management, and a government that has not taken environmental issues seriously have led Israel to the brink of major ecological crisis. Israeli citizens are paying the price for this with both their health and their financial resources. Israel can no longer afford to see the environment as an issue for the future; it must realize that now is the time to act.

The combination of lack of natural resources and political isolation has created the necessity for Israel to take its place as a world leader in clean technology and to lead by example. It is not enough for Israeli scientists and engineers to create companies for the Nasdaq. They must see their work in action, protecting both the environment in Israel and Israel's political interests.

The future of protecting the Israeli environment is a partnership between government, industry, clean-technology companies, and environmental protection agencies. Natural resources are finite, but renewable resources are not. The wind and the sun, plants and waves will continue to create energy long after the last oil mine has been tapped. If Israel chooses, it can lead the way not just in technology but also by example, creating a cleaner and better environment for its citizens and for the world.

 

 

 

University Network Essay Contest: The Three Winning Essays

Rabbi Efraim Navon, A 17th Century Turkish Rabbinic Leader

Revisiting Sex Selection in Jewish Law