National Scholar Updates

A Review of "The Crown of Solomon and Other Stories"

The Crown of Solomon and Other Stories
By Marc D. Angel
Albion Andalus Books, 2014, 150 pages

This is prolific writer Rabbi Dr. Marc D. Angel’s second fictional book, following his much acclaimed and enjoyed novel “The Search Committee.” Several of the nineteen tales are based on true events. Many of the stories are set within Sephardic communities in Turkey, Rhodes and the United States.

“Betrayal and Redemption,” for example, looks at the relationship between a frail thirteen-year-old girl on the Island of Marmara, Turkey, and a Greek non-Jewish girl of similar age. The two have an excellent relationship. The story explores what happens during an Easter week pogrom and afterwards.

“The Train” has an O’Henry thrill to it. It is about a non-Jewish woman in the American southwest who is married very happily to a non-Jewish man. Suddenly, she begins to dream that she is on the wrong train. The dream keeps repeating itself.

Readers may want to enjoy the tales and think of some of the details in them that are in other tales. For example, his first story “The Crown of Solomon” is delightful. It is about a highly respected rabbi, scholar, and community leader who spends his life seeking to write all he knows. It is only when he dies that the town people, impatiently waiting to discover his wisdom, are able to read what he wrote. The message of the story is reminiscent of “The Aleph” by the great Argentine writer Jorge Borges as well as a midrashic tale, but Rabbi Angel tells the story differently with zest.

“And Though He Tarry” is a variation of the theme about strangers. A man comes to the synagogue frequently, acts very piously, covers his head with a tallit while praying, but is obnoxious and noisy. The congregants approach the rabbi begging him to expel the visitor.

Angel’s final tale “The Inner Chamber of the King” may remind readers of Maimonides’ parable about the palace at the end of his Guide of the Perplexed. But again, Angel gives it a twist; he adds an event that is a good lesson for all readers.

“The Crown of Solomon and Other Stories” may be ordered through the online store at jewishideas.org; or directly from the publisher, albionandalus.com; or through barnesandnoble.com or amazon.com.

Learning Opportunities from our National Scholar

We are pleased to announce that our National Scholar, Rabbi Hayyim Angel, has just republished a Revised Second Edition of his book, Through an Opaque Lens: The Bible Refracted through Eternal Rabbinic Wisdom, with Kodesh Press. It contains twenty of his biblical studies.
 
It is available in paperback or in an electronic format for Kindle at amazon.com.
 
We remind you of the new feature on our website, jewishideas.org, that provides online learning opportunities. You can access many lectures by Rabbi Hayyim Angel by going to our new Online Learning area.
 
WEDNESDAY NIGHT CLASS ON BOOK OF SHOFETIM:  Tonight (October 30) is the third session in a 9-part class given by Rabbi Hayyim Angel on the book of Shofetim. It's not too late to join! The class meets on Wednesday nights, 7:15-8:15 pm, at Lincoln Square Synagogue, 68th and Amsterdam Avenue, NYC.

End the Chief Rabbinate's Monopoly

It’s painful to have one’s rabbinic credentials challenged by the Chief Rabbinate of Israel. But that’s exactly what’s happened to me. In truth, it’s much more hurtful to the many people I’ve been honored to serve over the years.

In recent days, I have been informed that letters I’ve written attesting to the Jewishness and personal status of congregants have been rejected by the office of the Chief Rabbinate. I’m not the only Orthodox rabbi to have his letters rejected – there are others.

I have chosen to go public because the issue is not about me, it’s about a Chief Rabbinate whose power has gone to its head. As Israel’s appointed rabbinate, it is accountable to no one but itself.

Nor could the Chief Rabbinate have denied letters from me or other rabbis without input from select rabbis here in America who, I believe, are whispering into the Chief Rabbinate’s ears. For me, they’ll whisper one thing, for another they will find some other reason to cast aspersions.

This is an intolerable situation. It not only undercuts the authority of local rabbis who are in the best position to attest to the religious identity of those living in their community, but wreaks havoc for constituents whom these rabbis serve.

Penning these harsh words about Israel’s Chief Rabbinate is not easy for me. I grew up in a home that venerated the Chief Rabbinate. After my parents made aliya, my father served as rabbi of Shikun Vatikin in the outskirts of Netanya, Israel. There he worked with Rabbi Yisrael Meir Lau, then Chief Rabbi of Netanya who went on to become Israeli’s Ashkenazic Chief Rabbi. Over the years I’ve met with many chief rabbis. I found them individually to be not only learned but caring.

But for some time, I’ve come to the conclusion that the Chief Rabbinate as an institution just doesn’t work. Built into the very fabric of the institution is the principle of kefiyah, rabbis overlording the citizenry, forcing their religious dictates down their throats. Indeed, the Chief Rabbinate has become a subject of scorn amongst the grassroots public in Israel.

Spiritual striving and religious growth can only be nourished in a spirit of openness. For this reason, Israel as a state should give equal opportunities to the Conservative and Reform movements. Their rabbis should be able to conduct weddings and conversions. For that matter, civil weddings should also be recognized by the State. As in America, it should be left to the general public – if they wish, in consultation with their local rabbis – to decide whether to accept or reject these conversions and wedding ceremonies.

Such an open attitude is not only important for non-Orthodox Jewry, but for Orthodoxy as well. When Orthodoxy is presented as the only option, when it’s forced upon people, it turns people off. A spirit of openness will make Orthodoxy more attractive.

A related reason that the Chief Rabbinate does not work is that it involves centralization of rabbinic power, that is, rabbinic power left in the hands of a select few who dictate religious policy throughout the country.

When the Chief Rabbinate years back questioned American Orthodox conversions, an Orthodox rabbinic organization, the Rabbinical Council of America, (RCA), rather than challenge the Chief Rabbinate and say clearly we have faith and trust in our rabbis in the field, capitulated to the Chief Rabbinate, and imported Israel’s failed rabbinic centralized format to the US.

And so they established a system where only a select, relatively few rabbis are permitted to sit on conversion courts, undermining the authority of local community rabbis, and placing unnecessary stumbling blocks before serious potential converts. In a piece I co-authored over five years ago, I strongly criticized this policy.

I predicted then that this would be but the first step towards further centralization. That it would not be long before a centralized rabbinic body fully usurps the authority of local rabbis, deciding which select few can do marriages. And only this body will be able to sign off on letters attesting to the Jewishness or the personal status of individuals from across the country. Is this the type of religious authority we want here in America?

The time has come for the government of Israel – its Prime Minister and Knesset – to pronounce in clear terms that the Chief Rabbinate will no longer have a monopoly on religious dictates of the State. This will present challenges. But these challenges pale in comparison to a coercive and centralized system which is vulnerable to abuse. As the motto goes, power corrupts, absolute power corrupts absolutely.

It’s only in the spirit of openness that Israel as a Jewish democracy will thrive. It’s in that framework that Israel’s citizenry will be able to reach higher heights – spiritually and religiously.

RCA deal hurts rabbis, converts
By Rabbi Marc Angel And Rabbi Avraham Weiss, JTA, March 10, 2008

(Rabbi Marc Angel is Director of the Institute for Jewish Ideas and Ideals, the rabbi emeritus of Congregation Shearith Israel in New York and past president of the Rabbinical Council of America. Rabbi Avraham (Avi) Weiss is the senior rabbi of the Hebrew Institute of Riverdale and founder of Yeshivat Chovevei Torah and Yeshivat Maharat.)

NEW YORK (JTA) – The Chief Rabbinate of Israel and the Rabbinical Council of America have concluded an agreement related to conversion that will allow the two groups to work together. This solves a problem that reached its peak when Israel’s Sephardic chief rabbi, Shlomo Amar, announced in April 2006 that he would no longer automatically recognize conversions performed by rabbis belonging to the RCA, the main union of Orthodox rabbis in America.

According to the terms of the agreement, the Chief Rabbinate approved a list of about 15 RCA rabbinic courts and approximately 40 rabbinic judges whose conversions will be accepted. From this point on, only conversions done by these rabbis or tribunals will be recognized. Any rabbi who wishes to be added to that list needs the approval of two leading Yeshiva University rabbis representing the RCA and one from the Chief Rabbinate. The RCA and the Chief Rabbinate also agreed that all conversions previously performed by rabbis, other than the 40, are subject to re-evaluation by the head of the RCA’s Beth Din of America.

This agreement is deeply disturbing on many levels. What is most troubling is that conversions, done years ago with the informal backing of the RCA, are now being scrutinized. This, we believe, strikes at the very ethical fabric of halacha. Over the years, thousands of people have been halachically converted and now they and their children, and for that matter, their marriages, will all be questioned. The pain that this will cause the convert, a person whom the Torah commands to love, will be unbearable.

Indeed, the RCA’s capitulation to the demand of the Chief Rabbinate to scrutinize past conversions done by its members raises the strong possibility that down the line the bar may be raised even higher. Already, the Israeli institution no longer represents the centrist, religious Zionist ideology, but is, in effect, made up of religious appointees of the haredi world. Years from now a new, more extreme Chief Rabbinate may very well pressure the RCA to question “sanctioned” conversions being done now.

Not only is the convert’s status questioned here, but the respected position of the local rabbi is also at stake. The policy sends a clear message that rabbis who have Orthodox ordination and are not among the chosen 40 do not have sufficient knowledge, judgment and wisdom to perform conversions – and they never have.

There is an irony here in that, from a certain perspective, congregational rabbis have a greater understanding of the issues surrounding conversion than those who are primarily situated in the Beit Midrash. These synagogue rabbis who are “in the trenches” with the potential converts have a unique understanding of the situations and conditions that affect their respective constituents. As is displayed on their ordination documents (smicha klaf), these rabbis are sent to spread Torah to their communities and have been invested with the trust, power and weight of our Torah to help shape the Jewish world. This decision undermines their mission.

If this agreement was meant to develop a mechanism of oversight, there are other ways in which this could have been accomplished. One proposal could have been that junior rabbis in their first three years do conversions under the guidance of senior rabbis. Additionally, the RCA could have questioned individual rabbis whom they suspected were doing conversions improperly.

We are not the first to raise concerns about the Israeli Chief Rabbinate. Over the last few years, there have been legitimate and important Orthodox voices in Israel that have expressed opposition to its rightward trend and its hard-line position concerning conversions in Israel. Now, through its deal with the RCA, the Chief Rabbinate is dictating its specific conversion standards to those living thousands of miles away in the United States.

Rather than extend the Chief Rabbinate’s reach to the Diaspora, the RCA should display confidence in its loyal members by declaring that their conversions are valid and acceptable in the eyes of God and halacha. This should be our posture as we move forward together with like-minded voices in Israel.

This was a moment of truth. The criteria on conversion as drafted by the RCA/Chief Rabbinate are the most stringent and do not reflect the range of legitimate halachic opinions. The approach insists, for example, that parents converting an adopted child commit to 12 years of yeshiva education. But suppose parents are only prepared to make an eight-year commitment; suppose they are committed to sending their child to a community day school; suppose, as is a growing trend in our Jewish world, they simply cannot afford tuition; and suppose their child has a learning disability and must be sent to a secular school?

We have received reports that such potential converts have already been turned away. What is next? Will past conversions, such as these, now be nullified retroactively?
If these standards become the criteria for who is a Jew, it means there will be only one voice – enforced by just two rabbis – speaking for Modern Orthodoxy in America.

The first issue is the question of who is overseeing the overseers: What are the criteria for appointment? What makes these 40 judges competent and hundreds of others not? What communities do they represent? Are the appointments based on merit? On politics? On being dedicated students of particular rabbis?

To consolidate so much power in the hands of so few rabbis – whether left, center or right – is a frightening step. Making matters worse, the RCA has chosen as its representatives two Yeshiva University rabbis who speak only for the right-wing of Modern Orthodoxy – effectively abandoning the organization’s trademark commitment to providing a home for both right- and left-wing voices. With its cowering to outside dictates, the RCA appears to have opted to reflect the haredi-controlled voice of the Israeli Chief Rabbinate, instead of insisting that the broad spectrum of Modern Orthodox positions be part of the solution.

What makes this chapter especially sad is that the new arrangement not only undermines the power of the local rabbi as teacher and spiritual guide, but even worse, puts fear into the hearts and minds of many wonderful converts who are upstanding Torah-observant and God-fearing Jewish souls.

Text and Context: Reflections on Contemporary Orthodoxy

“Home” is a concept not easily put into words. It is our refuge, our sanctum, our institution for the whole. It evokes the pictures of the happy family, of children playing in security, and the nurturing environment in which people grow into themselves. It is the place you go back to, that you belong to.

When home is not where your heart is, and the individuals comprising that home have no cohesive identity, there is no belonging – and sooner or later, those individuals (since, after all, that is all they are) learn that their home is broken, and they therefore run away to the refuge of their castles in the air (of which their psychologists collect the rent).

Today’s times have a need for stable homes, in any form, more than any other. Teens at risk, high school pregnancies, disappearing morals, urban blight, the wonderful statistic that one in four American college students possess an STD, the rise of postmodernism and its moral irreverence and irrelevance, the erosion of what is called “Judeo-Christian values”, the rise in cultural glorification of youthful promiscuous sex and violence (not to mention youth in and of itself)…Even Orthodox Judaism, bastion of the ironclad safety net, has begun cracking at the seams from an internal pressure created by its teenagers and the external pressure of the society described.

Today’s feel good stories which populate the self-help shelves in book stores all over the planet (Chicken Soup for the Soul and its genre) have one amazing quality worth noticing – a brilliant summation, in one moment, where everything comes together. We are inspired by these stories, taking solace in that perfect moment and its unspoken comfort that perhaps one day we will reach ours...and never think about where it may take us. We watch the poor family get their new house on Extreme Makeover, see their tearful reactions, and never see what happens when they can’t make the tax payments on the house, or simply get conceited and entitled with their newfound wealth/status symbol and wind up divorced. Or we see athletes winning the gold medal in the Olympics, shedding tears of joy while basking in the adulation of the crowd in their accomplishment, but do not see them return home broken and lost as to what on earth they should do next, now that the moment they have invested the last four years in has now passed. We all long for a “clockwork universe”, a world that responds to us and gives us what we need when we need it; years of watching TV shows and movies that operate on this principle may have something to do with it. Either way, this growing dream of the perfect moment, the clockwork universe striking twelve, is indicative of dreamers who feel their life is coming apart, directionless, and the loosening of bonds of family and friendship that give us the love and nurturing we need.

Listening to mental health professionals and community workers, the fast paced life of the twenty first century has robbed us of our family values, and our lost and confused children are acting out because they need to feel valued and validated; as the family is intended to provide the value and validation of the children as they embark on their quest for self, when it does not, the children look elsewhere – with disastrous results.
This may or may not be true.

The psychological need to be validated, to be valued, is nothing new. Self-help books and parenting manuals (and other such tomes of fiction) all stress the need for validation. This, in and of itself, is harmless at worst. It might carry the strange threat of turning people into hollow shells of themselves because they objectify everything about their own self, but that doesn’t really affect people too badly, right?

Living in the age of scientific reason, in which (ridiculously) something being “unscientific” means it cannot possibly be true, we seek validation from what is outside of ourselves; this is perfectly acceptable for investigating worldly phenomena, but comes up woefully inadequate for validating our own existence, and its experiences.
The root that “value” and “validation” share comes from the old French valoir, meaning "be worthy," which itself is originally "be strong," from the Latin valere "be strong, be well, be worth, have power, be able". Notice the difference in the shades of the meaning, though. It went from something within you, an enabling force of Selfhood, to something outside of you that you need in order to be that very Self in the first place.

Anyone who is a student of the Western zeitgeist’s evolution, or was simply alive at the right time, has seen this shift in meaning accelerate in the last fifty years. We live in a society in which people see this need for validation as a fact of life. Were this to just be a fact of Western life, that would be fine. But it has crept into Jewish life in insidious ways, and this has in turn corrupted our life beyond recognition. [1]

Of course, values are what we ourselves hold to be important, whereas validation is what gives us our worth. This is because the definition we give to ourselves (our “values”) is what creates our sense of validation.

In the West, the objectifying that people do of themselves is conceptual based – I am a doctor, an athlete, a religious man of faith, or any other such idea. This is who I am, it is what I think is important, and because it is what I hold dear and significant I, too, am significant for being this way.

The problem is when Torah observant Jews, such as many of those today, define themselves as those who do the XYZ of mitzvoth. Because the definition is action based, the value is doing these things (eating the properly baked crackers on Passover, only carrying on Saturdays within a proper string enclosure) – and the validation is their being done. Which has nothing to do with you at all.

Now, I bet you those who already have all the answers are jumping out of their chairs and screaming “of course it’s about you doing it – you go to Olam Haba for it!”
And I will answer you that if that is your motivation, you are no different than the four year old who needs a cookie to clean his/her room (or go to the toilet). It isn’t the cookie that is important, even if it is the reason the four year old is doing it. [2]
But if that four year old ritualizes cleaning his room for the sake of the cookie, he will never come to value a clean room. Nor will he develop feelings of self worth by having a clean room, because THERE IS NO SELF – only what needs to be done. And so we have adults who treat their marriages as rituals (“but honey, I bought you a nice new dress! See, I love you!” “But you haven’t paid any attention to me at all, you do not share your dreams, emotions, your experience of Life with me…”), who engage in magical thinking (“if I give $18 to this charity, then I will succeed in my business), and who have no fulfillment or self-expression in anything they do.

We naively think that the reasons for doing mitzvoth that we learn when we are four years old hold water when we are 16, or 60…and the consequence of this is the systematic destruction of any kind of self-validation that is predicated on a healthy sense of self, instead of its negation.

It is here, in that ridiculous, unintended, vicious, self-negating definition of value that Torah Observant Jewry finds itself. What is important is the prescribed actions and properly prescribing the proper actions. A self, a “me” with dreams and ambitions, goals and relationships, fears and loves, is at best extraneous and at worst a problem to overcome in the pursuit of perfectly prescribed perfect actions.

This world? Why bother? It’s only a stage – we do our actions and play our parts. Knowledge? What for? It only takes time away from prescribing perfect actions, and doing them. Worldview? Philosophy? Perspective? What do you need any of that for? It’s all simple – do whatever you can while you can for the biggest and best reward in the Next World.

In short, our vision of the ultimate human being is a well informed, perfectly efficient action machine with the worldview of a four year old.

Perhaps the greatest area this has become true is with learning itself. People spend more time learning today than ever before, yet asking them WHAT they learned usually yields a parroting of arcane subjects at best and a puzzled look as they simply say the name of the Masechta or Sefer. Learning has become an action, something you DO, instead of the acquiring of new information to fit into a worldview.

Of course, we make allowances and exceptions for those who want to do things like work. The actions remain paramount, only the focus changes. Instead of learning being the action one should focus on, we have others – tzedaka, for example. But regardless of the prescribed action, it remains the DOING that is important, and importance granting. People’s growth, their self discovery, their level of understanding of the world and of He Who is behind it, their depth, their humanity – it isn’t important.

Small wonder our children are off seeking validation from pop psychology and faceless strangers on internet chatrooms (that they are turning to under their covers on shabbat, perhaps [3]). It’s more than family that creates validation, it is Home. And the Bayit that was supposed to be there to validate and value the world itself is now a golden onion filled with those who find value in submission and in death, and we console ourselves with some parable about a flask in the sky that collects tears [4].

This worldview has serious historical underpinnings – it did not arise by accident.

Following the Holocaust, people came to the shores of a strange land (whichever strange land that was – America or Israel) to rebuild. As most people react in times of horrible loss, they hunker down defensively and seek to recreate what they had before. In this case it was the Europe of old, with its simple shtetl folk and overall educationless masses.

Judaism is a tradition based movement. Precedent and tradition are the two pillars of all Halakhic debate as well as Friday night conversations. It is no surprise that the ideals of the old world were imported as the pinnacles of achievement to strive for. The model person would be one motivated by faith, not reason, and action, not perspective; their identity would be one set and defined by a marked distance from intellectualism – after all, wasn’t that the problem with those Reformniks in Berlin who brought the Holocaust on us in the first place? Oh, no, never. Who needs questions – can anyone answer where God was during the Holocaust? So of what use are questions? Better to do what God told us to do and leave the questions alone.

This idea is said to have appeared in Europe around the time of the Chasam Sofer, who himself was battling those Reformers in their infancy. In an effort to combat their growing appeal and allure to the typical (unlearned) Jew on the street, he created the single most destructive pun in all of history - “haChadash assur min haTorah” [5]. From this nobly intended idea, a branch of arch-conservatism in Halakha was born. Or so goes the narrative.

It isn’t true.

Ashkenazi Jewry had this streak in it from the time of the early Acharonim. It is the tendency of exiled people to absorb influences from their host cultures (one only needs to look at our calendar; the names for the months in the Jewish calendar are Babylonian (!) in origin, and so were pretty much half the names of the amoraim living in Bavel - Abaye, Rava, Pappa, Huna, Rabbah, Rami, Rafram, Geviha, to name a few). The predominant influence in the lands of Ashkenaz was the Church. Looking through the Mussar/machshava seforim written in Europe, we find themes of needing to be saved from sin (albeit those of our own doing instead of some original flavor), emphasis on faith as the guiding principle of worship, a philosophical/ontological worldview based on the soul and a spiritual world in which its actions or beliefs are meaningful, a break from science, a religious worldview predicated on the personal (it is YOU and your being righteous or wicked which counts, as opposed to the Klal), among other examples. These are all Christian themes.

(For those who are going to point to the split between the Vilna Gaon and the Chassidim and say that innovation in Jewish life was alive and well, it is fairly argued that both camps were conservatively based. The Chassidic camp quickly ritualized everything in their way of life, venerating the simple unlearned faith of the farmer and wagon driver as the GOAL of Torah life. The stories passed down to each generation focused on a mystical happiness that could be experienced by those who believed, and denigrated those who learned but did not live their learning. The Litvish camp, while stressing the need to learn and know, valued a disconnected knowledge base that was not tied into experience – learn, but keep it in pilpul which is intellectually dazzling and utterly useless for answering a simple question of what to do. Both sides refused to engage the world around them, or even each other; both approaches preached the “hold on tight and do what you need to do” that we are calling attention to. Their namesakes and descendants still do.)

This cross-evolution is best referenced by the “Judeo-Christian values” the western world continues to use as its moral compass. It isn’t just that the Christian ones are based on the Jewish morals of the Old Testament (though that is true as well) – they work in tandem, are perceived to be the same thing. It is no accident that the support for Israel that is still present in the West is based on ethics, on shared morals, on shared beliefs in the primacy of the “Old Testament God”, a Messiah that will redeem the chosen ones from the Ishmaelite, etc.

This is why Western civilization exerts such a strong pull on Jews – it isn’t just that we are absorbing modern culture from them (hence the black hats, suits, and white shirts from the 1950s, for example) – we subconsciously see ourselves as one of their kind. The typical Ashkenazi looks at himself as a Westerner – not a Middle Easterner! And eventually, the need to be different and distinct begins to fade as the need to be echad min ha’amim takes over. As “enlightened humans”, who are “logical, rational, scientific” beings, why would it matter if I watch some pornography? Or eat only properly slaughtered chickens? Or not use my phone on Saturdays? Indeed, even in Israel, there are those who protest Israel passing a law designating the country to be a Jewish State, instead preferring to be a regular (read: Western) democracy.

Why are we different? Why is God setting us apart – to do the proper rituals? What’s the difference? Who wants to believe in an arbitrary God who desires Burger Delights instead of Big Macs? I want to be a person, not an action/ritual machine. A human being.

This, sadly, is what Rav Shimon bar Yochai was alluding to with his derasha of “ki adam atem – atem k’ruyim adam v’hem lo k’ruyim adam” (Yevamot 61a) – what Judaism IS is simply the way to be a human, Adam, the pinnacle of Creation. We all want to be something real, something valuable. And that is what it means to be Adam. To be Man, primal Man. Not a belief machine, not a ritual doer – Man. The human who is where the falling star meets the rising ape (in the words of Terry Pratchett).

And so, in a terrible way, our children are NOT turning to the outside for validation. They are, in their eyes, REturning to what is truly valuable, and valued – themselves – in the only way they know how.

Until we understand that, there is nothing we can do. For them, and for ourselves.

And so we have a generation where ALL are lost, confused, adrift…off course.
Those who follow after their hearts and eyes sometimes do not come back to the fold. Some do. Others die inside, leaving the passion and dreams of their youth behind in a maze of socially acceptable ways to numb their pain and disbelief. Some find consolation in highly personal relationships with the Divine, trying to navigate the slippery precipice of insanity and religious devotion.

And all suffer from a broken values system, crying out for God to validate their lives, their selves, their souls.

Now, we all know what you’re going to say next. “Is the rest of the world any better? Do they, too, not have this problem of a lack of self value in their lives? Does the rise in teen pregnancies, drug usage, gang participation, crime, and other markers of social deviancy not speak of this problem being present, and much worse, in the outside world?”

You are a hundred percent right.

And that doesn’t change a thing about what I said. Just because someone else has a broken nose doesn’t mean yours isn’t broken too. And if we are to reconnect with what it truly means to be a Jew and if we are to take steps to reach for Tikkun, then we must acknowledge what is broken, regardless of how it compares to others.

Of course, those of you who haven’t thrown this essay away in disgust by now are probably saying “but of course, I agree, it is important for our children to experience things, but what of the Torah? If it is assur, then you can’t do it! Obviously our children are just baalei taavah and not motivated by any of this higher calling of wanting to be Adam or whatever. You’re just making excuses for our kids.”

What of the Torah, indeed? What, exactly, IS the Torah? We have touched on this issue, skirted around it, illuminated one facet or another perhaps here and there – but a working definition, or a relatable one at least, is certainly needed. Those who have the answers will not hear or see the question, and those who are not looking for a life of Realness, of Truth, of living as Man (and instead prefer their own interpretations and a life in their own heads) don’t care about anything other than their fantasy/simulation based experiences. But those who do care and are searching, looking, seeking a life that is bound within the covenant of living in two worlds and being One with their Creator – they instinctively know the need to understand the Torah that is itself called the Berit (im lo beriti yomam valayla chukot shamayim va’aretz lo samti - Yirmiyahu 36:25).

The long and terrible descent of the Torah from Supernal Wisdom and blueprint of the Universe to antiquated and outdated rulebook has been one with disastrous consequences. Chazal trace the darkness we find ourselves in (and certainly the very same darkness we associate with the “Dark Ages”) to the translation of the Torah into Greek (which is altogether odd, as we know that you are allowed write a sefer torah in Greek, as the Mishna in Masechet Megilla states), which theoretically would mean that your Artscroll Chumash just may be a horrific destruction of what Torah was meant to be.

The wonder of what was so bad about the events of Ptolemy requesting a translation of Torah is ongoing. So is the fast day we keep to mourn its taking place (Asarah b’Tevet – though really it is the fast of the 8th of Tevet, which we do not observe; instead we lump the events of the 8th, 9th, and 10th together and fasting on the 10th). It is made especially confounding by our own enthusiastic embracing of the Targumim, which themselves are translations of Torah. So it can’t be the act of learning the Torah in another language that is the issue, right?

Perhaps the most innocuous and subtlest problem of translating the Torah is its being turned into a book. Books are dead, they do not speak – they merely record information that you can decode later, perhaps. Torah was meant to be given by speech (hence HaShem trying to give the Aseret HaDibrot by telling them to us directly!), has an essential component to it that is supposed to be ONLY speech (Torah she’Baal Peh…You know, the one that everyone thinks is written down, fixed and unchanging), and can only be given over by a teacher to a student in the guise of a relationship (gadol shimusho shel torah mi’limudo - Berachot 7b)…through communication.

So it comes as no surprise that the single most destructive element of what passes for Torah Judaism today is the slavish devotion to the rules, the cemented behaviors, and the “always ask someone who knows (because you do not and cannot)” attitude that arises from a text-based Judaism. “Dos shteit!” is the rallying cry of the current generation of teachers, educators, rabbonim and learned men. If it says it in the book, it must be true.

Of course, the CONTEXT you place your text in can possibly make all the difference in the world, but then again, why would we bother with trivial matters like that?
It is no accident that today’s communication on all levels has broken down due to contextual wrangling. We consistently worm out of things, or shoehorn them into other things, all while attempting to have our preconceived views win out. Isn’t it funny how we all know what the Rabbi is going to say before he says it? Or how we can know what Shas or the Agudah will think and hold of a certain issue – before they say so? We know their agenda, and therefore we know them too. The context they have of the world defines them.

And it defines each person too. We are what we see – the I and the eye are the same. This is so true that Nevuah is influenced by the perceiver [6]! When Yoshiyahu was king, he sent his messengers to ask Chulda HaNeviah for a message regarding the impending doom portended by the Torah scroll that was found in the Beit HaMikdash, bypassing Yirmiyahu. The Gemara (Megillah 14b) asks why he would do this, and answers that he thought that since she was a woman, she would have more rachamim – which is an absurd answer, unless you understand that the Navi shapes his/her Nevuah!
The Torah is no different – it, too, is completely dependent on the context we place it in. Perhaps the greatest disaster facing the Jewish people today is the loss of context to Torah, to Yahadut, to what it means to be Yisrael.

This is something we already touched on earlier – the prevailing context of the Torah lifestyle is one of actions, of doing, of being a vehicle. There is no mental picture, no vision, no overarching and all encompassing idea to what Torah is supposed to be. We take a pasuk here, a gemara there, and make it mean what we want it to mean, or turn it into a stand alone moral lesson, or simply treat it as a nuclear utterance of the Holy One.

Torah is defined by Halikha/halakha. That is to say (since the words mean practically the same thing) that Torah is meant to be a vehicle in and of itself; it is a path, a book of direction, a roadmap. The only way you can bridge two worlds is by constructing a bridge. And when you realize that Torah only shows up after Adam is thrown out of Paradise, then it makes perfect sense that it is intended to be the way to get back to it.
This is why the favorite simile of Torah is an ocean – it is the yam shel Torah. And it is no accident there that the term for a boat is the term for a Self. For self, boats, perception, eyes and “I”…they are all parts of the same Halikha from here to There.

This idea is made clearer by looking at Moshe’s request of HaShem after the sin of the golden calf– of all insanely wild things he asks for, it is the “Halo belechtecha imanu” that he insists on. But of course he does – he is demanding that haShem Himself accompany us along that twisted, winding, journey of Selfhood. And the sin of the golden calf itself is only seen within the context of ma’amid Har Sinai – Torah itself!

This is where the vibrancy, the personal connection, the very dependence of Torah she’Be’al Peh on a person’s own experiences, lessons learned, and sense of self comes from – and the ice cold death knell of that same self when it is removed from Torah itself. Do you think there is a list of souls and corresponding letters in Heaven? What do you think the Midrash means when it says each of us is a letter in the Torah? It is our life itself that sheds Light on the Torah – ki heim chayeinu, in the most beautifully obvious understanding of the term (!).

There is an old Greek parable of the ship of Theseus, which set sail over the course of many years. Over time, every one of its parts had been replaced as they had worn down or broke. Yet it is still the same ship of Theseus – for the whole is greater than the sum of its parts.

Torah is that ship – over the years, each part of Torah has been re-interpreted, revitalized, and relearned by those who delve into it. We add layers of context, meaning, and shed new light and understanding on things not seen before. In fact, the things we add to it are pieces of ourselves, literally – an insight here, a lesson learned there, a painful and delicate balancing act of applying what Life has taught us. But it is still the same Torah given on Sinai! And we sail that ship from shore to shore, from one world to the next, turning our mundane experiences of the world into Light, and Truth.
Yet today our leaders see all of planet Earth and all it has to offer us as some sort of twisted siren’s song, luring us to our deaths. “Why bring the ship of Torah into those waters?” they ask. As if there are ANY waters that are not part of that Yam shel Torah in the first place! It is perhaps the saddest thing of all that the very ship of Theseus that was meant to live forever and give life to those who create it anew each generation has been hijacked by those seeking to steer it safely away from any Sirens that would tempt those who sail it; yet it is they who are driving everyone to jump ship and swim for the Sirens – without the benefit of the Ship, which was what would have kept them safe in the first place. For it is Torah that grants us the ultimate Self– with it, we can face anything and emerge victorious. Rav Yosef celebrated each Shavuoth by announcing that the Torah he learned is what made him himself [7] – because, as we’ve said, the I and the eye are the same. Without it, you’re just another puff of stardust adrift in a cosmos with no meaning.

So instead of sailing ships of Selfhood through the world, integrating our experiences and consciousness, and bringing the ideas of Torah to Life, we peer into books of which we decided that we have no right to argue with, and look up our lives in a table of contents that does not have any content of our Soul. We have created a belief system around it that says that the subjugation of oneself to their dicta and rulings is what the Heavenly Court will judge our lives on, and that anything outside the purview of these books is not called life.

This text/sefer based Judaism and its slavery, which itself is the ultimate mockery of the dictum of Chazal which states “ein lecha ben chorin elah mi she’osek baTorah” (Avot 6:2), makes it is obvious that the preconceived notions and givens and agendas of those interpreting the books are alive and well; they govern how things work, invade the space of Halakha, and make a farce of the halikha of that Halakha. It is not a boat of Selfhood in a sea of Existence to these charlatans, but itself the siren’s song offering power, connection to God, or perhaps even a cheap way to sell your soul in return for some heaven. But mostly, it offers power – power over others, power over your environment, and most importantly power in the sense being able to define what is True and what is not.

For the ultimate issue we all have with a Torah lifestyle that no amount of cute PR campaigns, Project Inspire shabbatons, and glitzy Gateways seminars can fix is: simply, deep down, we all know that the helm of the ship has been hijacked by those who seek to define their present little worlds as Heaven itself…who seek to be the Arbiters of Truth, according to their understanding of it, and to revel in the power that affords them.

Have you ever noticed the correlation between people’s concretizing Truth and their abandonment of a progress-based worldview/narrative? It seems that the more we think the Truth is here, the less there is a need to keep looking for anything else. Again, look at the Church and the Dark Ages, or the fundamentalist Islamists of today – medicine? Faith. Science? God. Rights and Freedom? Submit to God through faith. There is nothing left to do other than believe…right? Or at our current crop of leaders, who hide behind a self-referentially manufactured empowerment called “Daas Torah” while advising other to their doom in the name of the L-rd . [8] And why? To keep their own power, of course .[9]

There is a nagging doubt in everyone’s mind that asks in a hushed whisper “But where is this GOING?!” which is beaten down by an enthusiastic, Tertullian-esque “af al pi kein!!!” in frenzied hope that perhaps we can figure out later, without having to change now. We develop a bordering-on-insane hero worship cult for a few great men, and lament what we will do because there is no one who can fill their shoes; and we enthusiastically follow everything the people who use these men as mouthpieces say.

Only we can rent a stadium, pack in 40,000 people, and decide the biggest evil in all of the known universe is cell phones and internet. Then we congratulate ourselves for a Maariv davened by 40,000 people together, while the rest of the world laughs themselves sick over how ridiculous it is to rent the stadium for crying about the internet in the first place. Of course, no one is happy about the night’s events, because everyone had a different agenda to advance . [10] But hypocrisy and flattery are alive and well, so everyone says what an unmitigated success this was, because the gedoilim spoke and the oilam listened. Even though there were no gedoilim talking, as they were just being used as mouthpieces for some filter software. Even when the whole world is laughing in our faces, we still hold onto the stupidities of being good sheep and doing what you’re told as you’re driven to the edge of the cliff by some internet filter selling snake charmer who convinced some people with beards the importance of his product [11,12, 13] . And many, many people shook their heads in disbelief and wondered if this is the vision for the future that we are selling ourselves. Or if we have one at all anymore.
And considering that it is the Torah itself that is meant to give us the Way to the destination, the very Home we have been chasing all this time, this is the saddest thing of all.

So what to do? Is it truly hopeless?

I say not.

Children have what Einstein termed Holy Curiosity; they have an instinctive need to find the Truth, both within themselves and in the world. There is a golden lining to this “calamity” of “teens at risk” – sometimes, the children can remind the parents of what is supposed to be, just the same as parents teach children of what was before – it is no accident that our mevaser ha’geulah, Eliyahu HaNavi, is tasked with “v’heshev lev avot al banim, v’lev banim al avotam” – for both are necessary, both are true, both are part of the ongoing Tikkun.

We, the children of Avraham Avinu, who was enjoined “hit’halech lefanai v’heyei tamim”, must continue to search, to inquire, to reject falsehoods and idols manmade, to be the Man for which the world was created.

If there is something to be done, it is to simply encourage, to engage in meaningful and passionate conversations with passionate people searching for meaning, and to teach Torah to our children in the way that Shelomo HaMelech entreated us to – Chanoch L’Naar al pi darko, gam ki yazkin lo yasur mimenah.

We must remember (and this word means to reconnect – to re-member, to connect to again) the rich tradition, the contextual Judaism of yore, the Torah that demands of us to See and Know (and not simply obey [14] and follow). It is this Judaism, this Yahadut, that our children can thrive in as they become themselves in a world that was made for nothing else.

[1]What once set the Jewish people apart from all others was its Life, its “joie de vivre” for lack of a better way to put it. Jewish people had a cheekiness, a sense of self, an Existential Chein that both proclaimed that Jews were distinct, yet open to all possibilities. “We are not you, but we could be anything…” The youthful abandon of “Lechteich acharai baMidbar”, mixed with the seriousness and self-definition of “Naaseh v’nishma”, is the perfect snapshot of the genetic personality of those descended from Yaakov/Yisrael.
Instead, it is seen today to be a need to be removed from all possibilities, to run away from fundamental science and knowledge, to build fences to keep the world away; we glorify Heaven at the expense of Earth, creating castles in the air of minute distinctions between super-kosher and supersuper¬-kosher so as to say we are better Jews than the person next door (who, nebach, eats that hechsher). We venerate the Gedolim and denigrate ourselves, questioning whether we have a right to our perceptions on the parasha or p’shat in the Gemara. Who are we, after all? They are men, and we are donkeys, and donkeys don’t have the right to have a p’shat in Gemara…

[2] Much like the apocryphal story (attributed to Bertrand Russell, Winston Churchill, and Groucho Marx among others) about a man who asks a girl if she will sleep with him for a million dollars. Of course, she says yes. He then offers her two dollars and she slaps his face, saying, ‘What do you think I am?’ He answers, ‘I know what you are. We are just haggling over the price.’
So there are those who will only put on black boxes if the price is Heaven (“a million dollars”).
[3]A sarcastic and caustic reference (from pain that it is something these teenagers feel a need to do) to the “half shabbos” phenomenon written about by the OU and others.
[4] The famous medrash (which I do not know its source) about how G-d collects all of our tears and when the flaskis filled, the Messiah will come. Besides the obvious point that this implies that the L-rd is a sadist, it’s also completely ridiculous in the context it is placed in by this understanding.
[5] Taken from the Halachos of grain harvested before and after the Omer, the pun reads to mean “all things new are prohibited by Torah law”.
[6] The prevailing understanding of Nevuah as a phone call from G-d is a mistaken one. The one person whose Nevuah was as such was Shimshon’s mother, whose name is Tzlelponi…which technically MEANS “phone call”.
[7] Pesachim 68b – “chado’i nafsho’i…ki harbei Yosi ika ba’shuka…” One of my favorite lines in Sha”s. There are many Tzvi’s in this world, but there’s only one me.
[8] “College? Feh! Don’t worry about employment prospects. You have a chiyuv to learn.” Or “You’ve been out with her 8 times already. You don’t have a reason to say no, so marry her!” Or, and I am really not making this up, in 1933-1945, “Don’t leave Europe, we are meant to stay here…”
[9] God forbid for you to think I am accusing them of consciously doing this. I am simply saying they are no different than the Miraglim, who made the same mistakes.
[10] Can you imagine the Kiddush HaShem that would have been made had we invited all those (Jewish and not) who suffer from the inadvertent evils the internet provides (community leaders, social workers, school principals, to name a few) to join us in an open dialogue to find a solution, for all the world? What better example of an ohr la’amim than that?
[11] Which, sadly, is not much different than the salmon fishery guy who revived a question of parasites in fish in order to create an in effect rule to buy his product. Although this fish man’s chutzpa was far greater, as his question he raised was already asked by the Gemara and ruled to not be a problem, so he announced that Nature has changed and therefore those very same parasites are now reason to say the fish is assur.
[12]And that doesn’t even hold a candle to the kashrut agencies who publicized their important findings on the status of some bourbon distilleries ownership by (irreligious) Jews and the subsequent problem of chametz she’avar alav haPesach and their insistence that due to this people should only buy bourbons with an acceptable hechsher…except this SAME AGENCIES ARE PUTTING A HECHSHER ON THOSE SAME DISTILLERIES once their new batches are finished aging.
[13] Not to mention the new push to not drink sherry cask scotches, as it may be a problem of yayin nesach. Except Rav Moshe Feinstein, who is the halachic benchmark for these communities in just about everything else, says it is not a problem at all (and supposedly drank them himself). However, now that you can see kosher symbols on scotches, you can understand the sudden difference in understanding of the halacha…
[14]It is worth noting there is no word in Lashon HaKodesh for “obey”. Modern Hebrew invented one, l’tzayet, as it was necessary for the army…

Single Women Who Want to Have a Baby

Question to Rabbi Yuval Cherlow, Rosh Yeshiva of the Hesder Yeshiva of Petach Tikva:

I ask you to bravely write an answer to a question that has been disturbing me very much for quite some time. I am a thirty-six years old woman, rather pretty, educated and well taken care of, who has been attempting for over fifteen years to get married, but to no avail…

I want to have a child!!! I dream all the time about him and I want a child!!!

I beg of you: please articulate for me the entire issue from the very beginning till its end. with a specific conclusion. Am I allowed to bring a child to the world while I am not married? To be exact “How may I have a child?”

Response from Rabbi Cherlow:

I shall attempt to the best of my ability to articulate the entire matter and all its various considerations.

  1. The fundamental principle of our existence is the complete Jewish family. The Torah has written in the story of Garden of Eden: “Therefore shall a man leave his father and his mother and shall cleave unto his wife and they shall be one flesh,” and it taught us that all the elements of the family are concentrated in one place: Living with a mate [shall a man leave his father and his mother], in matrimony [shall cleave unto his wife] and the fertilization [and they shall be one flesh.] Therefore, the constant yearning and goal is to establish a family, and the framework to give birth to children. Since the issue is already mentioned in the story of the Garden of Eden, we may learn of its high importance, and its being the foundation of human continuity. In contrast with the culture of the world in which we live now, which is a world of taking apart and colorful reassembling, this is the stability and holiness of the Jewish family. Therefore, before considering any other option, it is essential to make every effort to establish a legal and proper family in which to give birth to children.
  2. Due to the holiness of the Jewish family there exists a deep hesitation to giving birth to children outside of such family framework, which could be established. The Rabbis integrated the mitzvah of “be fruitful and multiply” to the mitzvah of marriage, and they explained that is the reason why the mitzvah to get married is not an independent ‘stand-alone’ commandment. The halakha expects people who wish to get married to build a Jewish home on principles of concession, mutuality, respect, willingness to compromise, the acceptance of a spouse–even if not perfect- and much more.
  3. When a woman reaches a point when it becomes probable that she will not be able to establish a Jewish home despite her strong will to do so and her willingness to compromise towards that goal, coupled with the continuous ticking of her biological clock and the declining chances of giving birth, but she nonetheless still wishes very much to have a child-- there exists a serious unresolved question that is still disputed among the halakhic authorities. Some claim that a woman’s strong wish for a child should not outweigh the significance of the holiness of the Jewish family, nor the benefit of a child to be born into a family with a father and a mother: thus there is no way to move in this direction. Moreover, there is a social framework that one must consider as well, namely, the desire to prevent the slippery slope of the wish to give birth to children out of wedlock in much younger ages, and in fact where giving birth with no husband may become the normative or even ideal mode of life. Sometimes, social tenets designed to protect the holiness of the Jewish family restrict the private will of the individual.
  4. On the other hand,  some rabbis claim that when one reaches the stage where the chances of pregnancy are about to fade, and when a person demonstrates that she did all in her power to get married but did not succeed, there is no way to prevent, halakhically, the realization of her hope to bear children.  That is because even the Torah describes that a childless woman feels as if her life without children is not a life, [“Give me children, if not I am a dead “(woman)]. The Midrash comments that Jacob pained Rachel when he replied to her in an inappropriate manner; that is because there is no clear prohibition on a woman to give birth without first establishing a home. That is due to the fact that one is prevented from entering into the issue of “the right to become pregnant”, for it is an issue of human conduct that preceded the Torah, and is a fundamental of human existence. That is because sometimes a woman may give birth to a unique child of her own with no father, and raise him/her with love and care more than in a dysfunctional family which continues to give birth to children.
  5. I tend to lean toward the second opinion; however, because of the serious responsibility attached to maintaining the holiness of the Jewish family, there is a need to limit that permission to women who are about thirty seven years of age, and who have reached that age unwedded through no fault of their own. The age was arrived at from the research of the medical sciences regarding the declining chances of a woman’s impregnation, which is close to the last possible deadline for it. There is no way to permit this at a younger age, but one should continue to try every way possible to establish a Jewish family [by marrying].   
  6. Obviously, even after the process of impregnation has been successfully completed, the woman should still attempt to establish a Jewish home [by getting married].

The ways to do so:

In today’s medical technologies, there are three main possible ways. First is the regular way, namely sexual relationship. On the one hand, it is the natural and simple way, yet on the other hand in these types of relationships there exist a direct violation of Jewish holiness – pre-nuptial sexual relationship.

  1. The second possibility is artificial insemination. The advantage here is that it is not a complicated medical procedure. On the other hand, it involves some degree of discomfort, and in addition, there exists the possibility of using a relatively large amount of sperm in the process, giving rise to the issue of “wasting sperm purposelessly”.
  2. The third possibility is in vitro fertilization; this too has advantages and disadvantages. The advantages are its high level of probable success, fertilization with no sexual relationship etc. The main disadvantage is that it requires a medically invasive procedure with no medical cause, in an ovarian stimulation, which may lead to a hyper stimulus, and in full anesthesiology in harvesting the eggs etc. Of the above three ways, it appears that artificial insemination is the preferred method. As a second choice I tend to favor the IVF, which has become the relative norm, better than a sexual relationship intended for the exclusive purpose of impregnation.
  3. An independent question is which sperm to use. Here there are three basic choices. The first and best of them is the sperm of an identified Jew. It is assumed that we are referring to a person who will be willing to recognize the child as his own, and who reaches an agreement with the woman about the essence of such recognition. One may reach different types of agreements, some which will require nothing from the donor and/or an agreement of full partnership in caring for the child, similar to those that exist among divorced couples.
  4. The second possibility is to use sperm of an anonymous donor. It is halakhically preferred to use sperm of a non-Jew, in order to avoid the need to define the child as one of unknown parentage (where we need to be concerned whether the child is illegitimate), for even though one is dealing here with a rabbinic prohibition [rather than a Torah prohibition] we observe all those prohibitions very carefully, especially when we deal with genealogy. One has to remember that according to halakha a woman may not marry an illegitimate man. Therefore, it is entirely possible to argue that by [using sperm from an anonymous Jewish donor who may be illegitimate] one may cause harm to the child who was born from the sperm of an anonymous Jew. There are several reasons to prefer a gentile’s sperm; some of them are medical [avoiding marriages between relatives]. It is indeed true that there may be a desire for the child to be born from Jewish sperm, but the halakhic preference for non-Jewish sperm is unequivocal, and one should not use sperm of an anonymous Jew.

The above is written with a deep feeling of pain for this reality where there are women who have reached this age but did not find a way to establish a home despite their strong wish to do so. These things are very personal; obviously, and one should not employ this route a priori, for it stands in clearly against the Torah’s ideal goal, and compromises the holiness of the Jewish family. It is self-understood that there is a long journey following the birth-- raising the child lovingly and with warmth, with proper education in mitzvoth; but these are topics of their own.

(In light of the many reactions to Rabbi Cherlow’s first responsum, he wrote a second responsum on this topic.)

According to our tradition, when a person enters the hall of study, he recites the prayer of Rabbi Nehunyah Ben Hakana that includes the words: “May it be thy will, Lord my God, that no stumbling-block be caused by me and that I shall not fail in matters of halakha, and that my colleagues shall rejoice in me, and that I shall not say on the defiled that it is pure and conversely, on the pure that it is defiled, and may my colleagues not err in matters of halakha so that I may rejoice in them.”  This prayer was not completely fulfilled in my case. Many of my colleagues did not rejoice in what I’ve written, and a small number even claimed that I have erred in matters of halakha and that I declared the defiled to be pure. I therefore decided to add clarifications to what I have written, and may be the number of those who rejoice in my teaching surpass those who do not rejoice in my teaching. As previously, I pray to the Master of the Universe begging that I shall not fail nor err in matters of halakha, and not err in the way I write it. I predicate my response on the belief that all those who did not rejoice in my teaching had pure and worthy intentions and their position deserves a carefully weighed response.  There were almost no foolish comments nor statements that should not have been made.  This issue is worthy of a serious discussion among scholars of halakha, and there are many opinions, which are not so far from each other, as I shall demonstrate, despite the clear variances among them. I wish to thank all those who responded, particularly those who disputed my arguments and required me to re-examine what I’ve written.

My response will deal with three subjects: The first is my ruling itself, and the decision regarding the status of she who reached the age of almost being unable to give birth to a child of her own. Second are the various considerations that may lead to a different ruling, particularly the fear of the slippery slope leading to the destruction of the institution of marriage. Third is the publication policy and public discussion of such issues. The delving into halakha should always take precedence to the issue of general publication. 

Let us commence with the common denominator among all the rabbis: there is no one who disputes the idea that the Jewish family is the unique and basic holy path for a happy and complete life.  That is how I started my discussion last time, and I dedicated to it more than a few sentences. Even beyond that, in my daily life I dedicate the majority of my time to this topic. Ten years ago, I acted as a partner in the establishment of the rabbinic association, “TZOHAR”, [let me clarify that “TZOHAR” has no common halakhic stand in this matter, and therefore let there be no doubt that my previously stated opinions do not reflect the position of “TZOHAR”; indeed, some of my colleagues there disagree with me]. Since then I have dedicated many days and nights facilitating the establishment of a Jewish home in accordance with the laws of Moses and Israel. I merit the [opportunity] to participate with the rest of Israel’s rabbis, whose main preoccupation is to assist in establishing families, peaceful homes, avoidance of divorces, finding solutions to problems of fertility—these are an integral part of their lives. The accusations against me, claiming that I allegedly assist in the destruction of the sacredness of the Jewish family, ought to be refuted by my constant investment of time and effort in these matters. In my two sites “MORESHET” and “KIPAH” alone there are about 15,000 correspondences dealing with these issues. The majority of these correspondences are not made public due to their private and intimate nature. Moreover, a large share of my rabbinical work is involved with similar topics. Therefore, there is no variance between all Israel’s rabbis, who see the establishment of a Jewish home as the basis of national sanctity. The previous article opened with a discussion about the Jewish family, which comprise three principles whose origin is already mentioned in the story of the Garden of Eden - living with a mate, matrimony and children – and only when all three elements are simultaneously fulfilled one may speak of complete family sanctity.

Because of the above and due to the extreme importance of the family’s sacredness in Israel, I already wrote previously that one must do all needed in order to be married. A part of the spiritual prerequisite is to fully comprehend the deep meaning of living with a mate, the fact that none of us is perfect, and a prospective mate is also imperfect. One must convert the dreams of a charming prince or princess coming into their lives riding on a white horse, into a realistic relationship with people with positive and negative traits. One should be willing to pay some price in order to fulfill dreams – in order to build a proper Jewish family. Moreover, it should be made abundantly clear that any sexual relationship out of wedlock is strictly prohibited. I’ve written about this topic many times, and in the great disputation regarding immersion [in a Mikvah] of single women, I’ve stated unequivocally that such action is strictly prohibited, and I find no way to permit it under any circumstances, even if it involves declaring the transgressor as deserving the punishment of  “Karet” in this context. 

This position is not one of Judaism attempting to guard itself from self-destruction. It is far beyond that, and it is the radical message that the Torah projects to the entire world; it calls on us to resist the major trend of the destructive process in which we find ourselves. In the Western world, in which we live, the various elements of establishing a family are diverse, and what is taking place is the profane destruction and uprooting of sacredness as a basis of the family unit. We strongly deride this major destruction, and we continue to strongly adhere to what is considered to be a novel idea – the molding of the man-woman relationship into the concept of sacredness of the Jewish family unit. This holiness is one of the great messages which we are spreading around the world, and we do so with strength. We believe that this special flag will redeem the world from its current destruction, and will sanctify the reality, and will return the concept of family to its proper position. The preceding, as stated earlier, is a common denominator among all the rabbis in Israel, and as much as I am aware, despite all the multitude of disputation in the rabbinical world, no rabbi disputes this.   

The question that must be dealt with is one of “a posteriori” [Bediavad]: single women who have done all in their power in order to be true to the concept of family sacredness, and did not merit, for whatever reason, to establish a home in Israel, yet wish to experience parenthood and to raise a Jewish child--what is the law for them? I shall emphasize, particularly addressing the secular public and its criticism of what I wrote, that the intention is by no means to, Heaven forbid, bring the rabbi unto the privacy of the bedrooms of people. The proper place of a rabbi is in the Torah academy and not in people’s bedrooms. A believer incorporates in his considerations as a vital element the spiritual and halakhic implications of his deeds. Then he turns to his rabbi, whose specialty is exactly in those domains, in order to learn how the Torah rules on these subjects. No one knows how many women are perplexed by this question; therefore, any empirical statement will be of no real value. This question is not an exclusive one to women, but to all who seek the true knowledge of the faith, because much of the spiritual world is especially built on principled inquiries on various issues. This is the essence of Torah study; we tell the Yeshiva students repeatedly that we cover the entire Talmud regardless of its practical implications for actual life, exactly because what the Torah in its entirety projects on the rabbinic personality. Therefore, this question relates not only to adult women who are frustrated because of this issue, but to all whose proper study of Torah is important.

In this a posteriori situation I irrevocably think that such action is permissible. From the many critics from the rabbinic world, I heard no one who claimed that this is prohibited in principle, and that there is no halakhic way for a single adult woman to give birth. I even heard the Chief Rabbi of Israel Rabbi Amar in a radio interview on Kol Israel, say that when an extraordinary situation such as this exists one must inquire of a knowledgeable authority. I must emphasize that I do not claim that Rabbi Amar has agreed with what I have said.  I simply infer from his reply, as I do from all the critics, that what I said is correct regarding marital issues, There is no prohibition on an adult woman to become pregnant and give birth in a specific manner, when her goal is to merit parenthood and child-bearing.

From the wide public response to what I said, there were those who argued that one must keep in mind the child’s welfare. Because of that, one should prevent a single adult woman from bearing children. There is no dispute with the fact that it is better for a child to grow up in a family with a father and a mother; to the best of my knowledge all the researches agree with that premise. However, the insertion of this argument of ‘the child’s welfare’ into this discussion constitutes a horrible slippery slope, which one must avoid at all cost, even before one commences this slide downwards. I shall emphasize that I am not just talking about a potential slippery slope [which will be discussed later] but about a factual slippery slope. For if we were to incorporate the argument of “the child’s welfare’ in the question of child-bearing, then we will be required to investigate all the world’s couples, leading to a situation where one will require a permit to bear a child. It is possible to unequivocally determine that there are numerous couples that any child born to them may expect a miserable life. Therefore, the insertion of the argument of “the child’s welfare” in order to prevent an unwedded woman from impregnation will stand to no test. Deciding who is worthy of having a child and not, based on the argument of ‘the child’s welfare”, will inevitably enable a child to sue his parents for living in Tel Aviv with all its pollution, or similarly against parents who live in Hebron and bore children in a dangerous environment.

Beyond that, one may not, in the name of halakha, invoke the argument of “child’s welfare” when the concept of child’s welfare appears almost nowhere in a halakhic discussion.  To remove all doubts I shall emphasize, that there is no body of laws, which considers the child’s welfare as does the halakha; however, it is exceedingly difficult to find a single limitation which was placed on the parents because of the argument of “the child’s welfare”. A halakhic discussion must be conducted on the basis of a search for the truth and not be manipulative in nature. Therefore, one may not employ the argument of “the child’s welfare” in places where it is convenient and fits well a priori, and conversely reject it in rulings regarding issues of matrimony, such as birth etc. Such practice may distort the issue of family planning in certain circumstances [mistaken in our view] regarding the damage caused by families with many children and many other issues.  Therefore, from the principled or from the empirical aspects one should not regard the consideration of “child’s welfare” as an influencing argument on the discussion at hand. Whoever inserts the argument of “child’s welfare” to this discussion will cause a far greater damage to the family institution in Israel.  

Similarly, it is impossible to invoke an argument against a woman as selfish in the name of halakha. Do women who wish to give birth think of themselves only? About such claims the Midrash says: “Is that the way one answers a painfully hurting women?” Many adult women are tormented with great pain and are abused by men who drag them along for a long time. They see their friends readying their children to get wedded: may we call such women selfish? Even the suggestion that their problem may be solved by adoption resembles the consolation Elkanah [gave his wife Hannah] “Am I not better to you than ten children?” His loving words did not console Hannah at all. In general, I find it difficult to comprehend how one can dare to judge those in such a terrible state and then offer alternative suggestions, while the Torah itself describes such state as “I am dead”.

I wish to comment here that there is a severe contradiction in many of the replies:  they argue that a married woman should do everything possible and more regarding impregnation, claiming that in the end the reward exceeds the price demanded of her, and the matter is important not only from the ideological and religious aspects but also a matter of mere existence. These proponents are strict in regard to postponements of pregnancies etc., yet when it concerns a single woman who is tormented, all these considerations evaporate. Obviously, they claim, the answer is unequivocally that it must be prohibited. Is there any selfishness spoken about here?

In sum, I have reviewed all the arguments of those who disagreed with the essence of what I’ve written related to this matter and I found no refutation which proves that what I have written is wrong.

Since the second part of my article –how to do it- did not merit a real discussion, I shall not repeat it. I shall say only that three main arguments were advanced. The first is a medical one: There are those who think that there exists another solution, namely freezing one’s eggs [and using them at such later time when one is married]. Being a member of the Helsinki Committee for medical and genetic experimentations, I am proficient in the research subject of freezing eggs. In the last few weeks I have been dealing intensively on various aspects of egg freezing [IMF], both in slow freezing and in the emerging technologies of flash freezing. One should not deceive women in this matter. The percentage of successful impregnations via these methods is about 2-4% per egg, and the flash freezing which is still in progress is far from being a successful medical procedure. It is still in the realm of research and not a medical protocol. Similarly, it is a complex problem because in reality what is suggested actually tells the woman to freeze her eggs [meaning to prefer harvesting eggs by invasive methods] and to gamble –if she is lucky and gets married then it was a wise decision, if not she will be forced to be impregnated only on the day she defines it as that day when all her chances to bear children have faded away, I find it very difficult to comprehend this logic. Above all, making the procedure of egg freezing into a modus operandi creates with it very serious ethical problems [maintaining one’s fertility even beyond the normal age of fertility etc.] and my ethical stand is that one should minimize such procedures. The same argument applies to the suggestion of partial implantation of an ovary. To this day, the scientific research is not convinced that what enables one’s impregnation following a partial ovary implantation is due to the implanted portion. There are many researchers who suggest that pregnancy is enabled by the portion of the ovary that was there before. Moreover, what is the medical and halakhic rationale to employ such a drastic procedure?

The second matter regards the order of priorities in impregnation. In view of the fact that in general I tend to articulate my ideas in a very gentle and composed manner, on occasion some matters require a sharp and unequivocal statement. Therefore, I shall repeat and say, in my humble opinion, the preferred manner, from the halakha’s point of view, is insemination by an identified Jewish man. This is the great fundamental of preserving the Jewish pedigree. Many commented that it is difficult to find men who would agree to this, because from the legal point of view, even if the woman is willing to waive the recognition of his fatherhood, the child may be able to sue and chances are that his claim may be granted. There are legal remedies, however, and I am not the expert in this field; I am just pointing it out to prevent any stumbling blocks [for the woman]. If the above way is not feasible, the only other way is a gentile’s insemination. Under no circumstances is one permitted to enter into a sexual relationship out of wedlock, and if due to my gentle style of expression in my previous article [it might have been understood] that there exists such a possibility, now all is crystal clear.

The suggestion that the woman should be married for one day in a fictitious marriage contradicts all my halakhic way of thinking. The halakha was not designed to create fictions, even though we required them on rare and critical occasions [e.g. the permission to sell hametz before Passover]. One must minimize this method and not create situations where they should be utilized.

The second area is the fear that such a ruling, and certainly making it public, will exacerbate the deterioration of the family’s sanctity in Israel. Many claimed that once women will be cognizant of this option, they will not adequately exert themselves to get married. Once this is permitted by halakha, they will prefer to bear a child via that route without paying the price of being married – compromise etc. Moreover, it will draw women of younger ages into this realm, since the age of 37 cannot be upheld unequivocally.

I shall emphasize at the outset that the arguments brought forth by my detractors were more than legitimate in a halakhic discussion; they were essential arguments. The rule of halakha is not decided based upon analytical considerations alone. There are numerous considerations, and this is the reason one must support scholars of halakha so that one may learn from their method of ruling.  Even in this article I base my unequivocal rejection to prenuptial relationship on something that is far beyond the formal aspect of the issue at hand. That is the way the halakha has been decided over the generations, and similarly it is true for this matter here and now. Thus, in principle, arguments such as these are truly of extreme import, and one must deal with them seriously. The question is if in the case we are discussing, these arguments allow an adult woman to go through a fertilization process enabling her to have a child.

The confrontation with these heavily weighed arguments has to be conducted on three levels. The first level is the empirical one – would the number of women who will opt not to get married as a result of this ruling, increase substantially? My position that rejects this possibility is based on the Torah itself, as it says that the origin for marriage is “It is not good that a man should be alone, I will make a help meet for him.” Similarly the principle position of the Talmud is that “It is better to dwell with a load of grief than to dwell in widowhood,” [Kidushin, 41A]. Because of my constant preoccupation with the human soul, I increasingly know the reality that the majority of single women want very much to get married. There is no real temptation to remain alone, and it is very difficult to raise a child alone. The assumption that there are many women who marry at an advanced age just to bear a child and now will refuse to be married – is an assumption whose factual support is very weak.

Concerning the biological time-clock, the age of 37 is not arbitrary, but is determined by medical research which affixed this age as the last opportunity [to bear children]. This is the basis for setting this age, and not the fear of the advancing of age. Therefore, my evaluation is that no substantial slide will occur that will draw younger women into this decision that could contribute to the slippery slope of destruction of the family unit.

The second level is the essential question of making a ruling based on the fear of a “slippery slope”. One has to recognize that invoking the argument of “slippery slope” is problematic in essence, for it injures one woman in order to prevent another one from sliding down the slope. This consideration caused our sages to minimize such decrees. One should not make a decree upon a decree, maintaining all the discussions in the Talmud where the question of “should one decree or not decree” are present. Those who believe in the value of the argument of “slippery slope” must be very cautious from the very same concept, due to the hyper usage of this argument [as a basis for ruling,] for if not, one will find himself in a state of self-contradiction.  As a result, one who wishes to prohibit suffering single women from bearing children must be the one to produce proof that the usage of the argument of “slippery slope” indeed justifies such prohibition. In my humble opinion no such proof was presented.

The third level is that, opposed to the prohibitive ruling are other fundamental and solid considerations, especially the halakha’s recognition of the horrible suffering of the childless woman left to live alone because she found no one with whom to build a family. Therefore, the assumption that it is better to prohibit [her from bearing children] lest this cause a deterioration of the institution of the family, as I’ve said, I strongly doubt if this is empirically correct, and it is problematic from the halakha’s point of view. Whenever a decree is issued, one must consider the price, and the price here appears very heavy, as we claimed above when we cited Rachel, our matriarch. The suffering of an unmarried woman who is also deprived from having a child is extremely severe. Therefore the ruling prohibiting women to do so is problematic in itself, and the burden of proof is on those who prohibit.  One who wishes to decree that a single woman may not be allowed to bear a child, he is the one who much bring forth a proof [for his prohibition] and not the person who permits her to do so.

The most problematic issue is the publicizing of these issues. This is also the main critique which I received, and it requires me to investigate again and again the issue of making such topics public.  Much of what I heard from my rabbinic colleagues has made an impact on me, and definitely shook my feeling of certainty in regard to the importance of making these issues public. The heavily weighed arguments against publicity made me reach a certain conclusion. However, prior to that decision I wish to elaborate on the arguments supporting publicizing [such issues].

I shall commence with the personal dimension. I think that one has to live a very “transparent” life in areas of principles [not in matters of personal feelings or other intimate matters]; namely, one should reduce the gap that exists between his genuine thoughts and what he says aloud; he must seek complete harmony. In my opinion, it manifests the Torah’s commandment that one should not lie, as well as the obligation that one’s yes is true and one’s no is also true. By that I see the fulfillment of the Torah’s commandments “Thou shall fear no one” and on occasion “Thou shalt not follow a multitude to do evil”. I see in it a wonderful tool to confront the temptation to gossip in private; one has to accustom himself to think that everything he utters in private is as if it were stated in public. By doing so, he will not permit himself to say something he ought not say; it surely is a wonderful controlling device. I resent situations where people say one thing but think something else; [that is the reason I do not assign great importance when various groups of people convene, because the most important thing is not what they say in these conventions but what they say at home; and even more important is that every one would listen to what the other one truly says at home about himself.] I dislike apologetics, where people frequently are not willing to stand courageously behind the true position of the Torah; instead they present all sort of excuses etc. Therefore, naturally I feel that a person must truthfully tell what he thinks and not mask it.

Furthermore, our holy Torah, our sages, the composers of the codes of laws and all the books I know –never hid anything. I assume that if the people who claim that one should avoid making things public had lived during the time of Moses, they would have suggested to him not to write the rules of divorce in the Torah, but to write that if a couple has marital problems they should go to their rabbi to ask for his advice, since if the divorce rules were written in the Torah it would cause the danger of “slippery slope” toward divorce even if it were possible to save the family. Indeed, there exists in halakha a concept of “this matter should not be spoken of in front of the ignorant”; however, it is applied very rarely. All the laws of the oral Torah are fully exposed, all are accessible, and parts deal with subjects much bolder than the relatively narrow one which I dealt with in my responsum. The clear majority [of halakhic opinion] does not require one to ask the advice of a scholar on the specific personal level, but [halakhists] write clear and concise halakha which involves the public at large, and this involves a much larger slippery slope. Thus, it is again incumbent on those who claim that one should hide the halakhic rulings from the public to prove that position.

Beyond that, the main reason we give for learning all of the disputations in the Talmud is that this is a means to attain the spirit of the Torah. The discussion of the topic of adult single women who wish to bear children is not restricted to itself alone but has further implications. It illuminates several general rules, from the great importance of establishing a family, as well as indicating the great sensitivity the Torah demonstrates to those in great pain and suffering. This topic might turn into such a key subject on both of these aspects, and on exposing the world of halakha regarding this subject in its entirety. Finally, it may cause many more to come back in full repentance. It is so important to me to illustrate how the halakha operates with courage and integrity, and to state out loud that a Cohen may not wed a divorcee, that intermarriage is among the most harmful acts to Jewish holiness, and that a man and a woman sign a truthful covenant with no permission of any kind to sway to one side or the other and defile the sacredness of this covenant. Conversely, one must state courageously and honestly what is permissible.  

Essential is the understanding of the period in which we are living today. We are living in a period in which the control over knowledge is not the way by which one advances dear and important topics in the world. One of the main characteristics of our time is the fact that the hierarchy in the realm of knowledge is completely different. In view of that, the main struggle is not conducted by attempts at stopping or halting, but by constant nurturing of the free choice. We the rabbis from all affiliations must invest our strongest efforts to refrain from issuing decrees and building walls, to the side of strengthening and glorifying the will, to guard the words of the living God and the deep spiritual direction by which one should live. In our post-modern world people live lives of free choice in all areas, also in this area. Therefore, one cannot treat the public in general as if it was waiting for the rabbis to give permission to bear children out of wedlock. The public at large is faithful to God’s words and His Torah, particularly because of the fact that they choose to do so from free will. Our major effort must be in that direction. Therefore, personally, I tend to strengthen the family unit in Israel in a way of empowerment of the free choice and not by concealing the information.  Thus, I find it hard to accept the principle that there are matters one does not divulge to the public. As previously mentioned, the written law did not act that way, and the oral law too did not act that way. Thank God, we are exposed to all that our sages have written, and I find it very difficult to understand why we must start acting differently now.

The claim that making this issue public will bring about the destruction of the institution of the Jewish family unit demands a solid and true proof, and those who criticized me did not present those proofs. The institution of the family unit has been finding itself in great trouble for a long time. Some of the reasons for this have nothing to do with what the rabbinical world does, but emanate from the general culture and from the post-modern world in which we live. However, a major portion of its weakness originates in other areas of the rabbinical world that has no bearing on the subject I discussed above. On the contrary, let the critics ask the women who are not married why are they not married in accordance to the laws of Moses and Israel, and let them discover how many of them do not get married because they are planning to bear children at an advanced age out of wedlock, and how many of them are not married for a variety of reasons which are connected to very restrictive and problematic rulings. Each couple which lives together out of wedlock without a proper Jewish wedding constitutes a painful testimony to this reality.

The strengthening of the Jewish family unit will not be attained by building higher barriers of entry. The building of the family unit is attained from the other direction, i.e. encouragement of proper free choice, education to good family life, exposure to holiness and purity, the establishment of rabbinical authorities the likes of “TZOHAR”, and other such groups, which draw the nation to the sacred. In general, there is no room in our world where one can build things by concealment of information. We need to come out stressing the message that emphasizes the strength of the family unit in Israel. Part of this message is the clear spelling out of those things which are prohibited, and part of the message is the humane and compassionate approach of the halakha where it employs those considerations.

Among the many elements that contribute to the destruction of the family unit in Israel is the fact that the halakha is regarded by many as unfair and unethical. This subject is not simple at all, and it requires a thorough examination.  The great message of the Jewish family unit also contains the pain sometimes caused to some individuals e.g. a Cohen who wishes to marry a divorcee, a young woman whose husband was injured and is vegetating in a hospital, and many more such cases.   We need to stand strong, without apologies, and declare that indeed this is the price we are asked sometimes to pay in order to preserve our holiness and purity. Even then there are occasions where the courts find a solution. Exactly because of that, our Torah must be one of Truth. In areas where the halakha makes possible the utilization of human pity and compassion that do not contradict the manifestation of The Master of the Universe-- one must do so with all his might. I deemed it very important to publicize this issue, as an integral part of the struggle to advance the proper way of the family unit in Israel.

The weighing of all the pro and con reasons led me to conclude in favor of publicizing the issue. Much of what friends and colleagues have told me caused me serious inner doubt about my decision. I intend from now on to consult some of my friends before publicizing such issues. I shall not publicize issues without hearing a second opinion regarding the principle of publication. I assume that there will still be a gap between my thoughts and those of others, yet there is nothing better than having another eye looking at things. This will be the modification that I will implement following the large criticism, which consisted of many true ideas which were stated for the sake of the ‘fear of God’ and the desire to correct. 

Let it be the will of God that all will merit to establish a healthy, faithful, pure and holy home in Israel, and that they should not need radical solutions in difficult circumstances, and that they should not need to take apart the three main ingredients of marriage but will build a proper home, and that these issues that we dealt with shall remain in the realm of theory only, and that every one shall find his proper mate.

A New Analysis of "Kol B'Isha Erva"

There is no prohibition whatsoever of innocent singing; rather, only singing intended for sexual stimulation, or flirtatious singing, is forbidden. Although this distinction is not explicit in the early rabbinic sources, it closely fits the character of the prohibition as described in different contexts in the Talmud and the Rishonim, and it is supported by the language of the Rambam, the Tur, and the Shulchan Arukh.

Q: We have a practice in our school, in ceremonies organized for various events, that a female student sings as part of the ceremony. Is this practice halakhically acceptable?

A: The issue of "Kol B'Isha Erva" (the voice of a woman is nakedness) is discussed extensively in many contexts, mainly in the responsa of the great rabbinic figures of the past generation. Even, so this issue has not been discussed in relation to communities that already have an established practice of leniency and allowance of women to sing publicly. The premises of this responsum will be thus:

A) The tradition of the poskim (halakhic arbiters) of examining existing practices and investigating whether the community has legal ground on which to stand.

B) The assertion of the Maharshal, (accepted as practical halakha) that psychological and spiritual need is considered an important concern that justifies reliance upon a lone or minority halakhic opinion. And according to reliable accounts, there are women in certain communities who are so offended by the ruling forbidding them to sing in public that they turn away from the Torah and commandments due to it.

We will investigate the topic of "Kol B'Isha" according to its principal sources. For clarity's sake, these sources will be investigated topically, without tangential digressions, and not in chronological order.

What is the subject of the original saying "the voice of a woman is erva (nakedness, lewdness, or sexual impropriety)"?

The Talmud in Masekhet Berakhot 24a relates:

Rabbi Yitzhak said: "A handbreadth of a woman is erva." With respect to what [does it constitute erva]? If we should say that it is for looking [at a woman], had not Rav Sheshet said: "Why does the scripture list the outer adornments together with inner adornments? To teach us: anyone who looks at even the little finger of a woman is as if he were looking at her genitalia!" Rather, it refers to his wife, and for the recitation of Shema.

As is often the case with the Oral Torah, there is almost no word in this passage that has not merited much interpretation. For clarity's sake we will deal only with the interpretations that are important to the halakhic issue at hand.

The Talmud presents Rav Sheshet's statement as opposed to that of Rabbi Yitzhak, thus creating a conflict between the two statements. The Talmud resolves this by claiming that the statement "the handbreadth of a woman is erva" was said only in the context of the recitation of the Shema: it is forbidden to recite the Shema in the presence of a women who has a handbreadth of customarily covered flesh exposed, and this ruling applies even to one's own wife. In contrast to this, the words of Rav Sheshet - that one must not look for pleasure[1] at even the little finger of a woman - are meant to apply in general circumstances. Even though it would have been possible to explain Rav Sheshet's statement as a simple moral injunction, the Talmud in Masekhet Avoda Zara defines it as a prohibition of looking at a woman in an inappropriate way.[2] Thus, the statement of Rav Sheshet finds its way to the Rambam, the Tur, and the Shulhan Arukh as practical halakha - there is even a disagreement among the poskim as to whether the prohibition is deoraita (biblical) or derabanan (rabbinic).[3]

The next section of the Talmud leads to differences of opinion among the Rishonim, as it is unclear with regard to what context the following sayings are presented:

Rav Hisda said: "The shin of a woman is erva, as it is said: (Isaiah 47) ‘Bare your shin, wade through the rivers,' and it is written: (ibid.) ‘Your nakedness shall be uncovered' and your shame shall be exposed.'"

Shemuel said: "The voice of a woman is erva, as it is said: (Song of Songs 2) ‘For your voice is sweet and your face is comely'"

Rav Sheshet said: "The hair of a woman is erva, as it is said: (Song of Songs 4) "Your hair is like a flock of goats."

After the Talmud has suggested a different context for each of the two opening, "conflicting," statements of the previous section, it is difficult to ascertain to which context it is appropriate to attribute these following statements. The saying that is relevant to our discussion is that of Shemuel: "The voice of a woman is erva."[4] Does this refer to the specific, narrow prohibition regarding the proper recitation of the Shema, or is it a broader prohibition similar to that of inappropriate glances? A third possibility is that the relegation of the prior statements to their specific contexts was simply due to the Talmud's need to resolve seemingly competing statements, and that Shmuel's statement can therefore be applied to both domains.

All of these interpretive options are raised by the Rishonim and the Aharonim:

HaRav Yitzhak MiVienna, the author of the Or Zarua, holds that "Kol B'Isha" applies, like the prohibition of gazing at women, only in general circumstances, and has no bearing whatsoever on the recitation of Shema.[5] This also seems to be the opinion of the Rashba in his Hidushim,[6] as well as the stance of the Rosh: "Shemuel said: ‘The voice of a woman is erva, as it says "for your voice is sweet and your face is comely"' - to listen to, and not with regard to the recitation of the Shema."[7]

This also seems to be the position of the Rambam in the Mishneh Torah:

"And it is forbidden for a man to ‘wink' using his hands or his feet, or to hint with his eyes at a woman forbidden to him, or to joke with her or to act light-headedly, and even to smell the perfume she is wearing or to look at her beauty is forbidden, and willful violators are to be beaten as upstarts. And he who looks at even the little finger of a woman to take pleasure in it is like one who looks at her genitalia, and even to hear a voice of an erva or to see her hair is forbidden."[8]

From the equation of the prohibitions regarding voice and hair to the general prohibition of looking, we can infer that their presence does not necessarily imply sexual stimulation - rather, what is problematic is the inappropriate interaction with them by the looker or the listener. Therefore, in the laws of the recitation of the Shema, the Rambam does not list the voice of woman as one of those things that detract from the proper recitation of the Shema: "And the whole body of a woman is counted as erva; therefore, he should not look at the body of a woman when he is reciting; even if it were his wife and even if only a handbreadth of her were exposed, he should not recite in her presence."[9]

The Tur as well ruled, in accordance with the Rambam, that "Kol B'Isha" is limited to the topic of general modesty: "and it is forbidden to listen to a voice of erva,"[10] making no mention of a connection to the recitation of the Shema.

In contrast to this, the Raavya rules, in accordance with precedent opinions, that the central prohibition of "Kol B'Isha" specifically regards the recitation of Shema.[11] This is also the opinion of the Ritva in his Hidushim on Masekhet Berakhot. This position can be supported by the stylistic similarity of Shemuel's statement to the first statement "a handbreadth of a woman is erva," which is relegated by the Talmud itself to the topic of the recitation of the Shema. We]find a similar (though somewhat broadened) ruling in the Mordekhai, who states that not just the recitation of the Shema, but even learning Torah is forbidden in the presence of a woman singing:

It is prohibited to recite the Shema in the presence of an unclothed non-Jew, and it also says in the Talmud that a handbreadth of a woman is erva, even his wife, meaning a handbreadth of flesh that is customarily covered, and likewise the shin and voice of a woman are erva. And Rav Hai Gaon explained that this is all with regard to the recitation of Shema. And Rabbi Eliezer from Mitz wrote in Sefer HaYireim: "Therefore it is forbidden to perform the core parts of communal prayer while listening to the voice of a woman singing, but due to our sins we are settled among the nations in a condition of imperfect observance, and therefore we are not careful not to learn Torah in the presence of non-Jewish women singing," and so ruled the author of Halakhot Gedolot, and so ruled Rabbenu Hananel..."[12]

Rabbi Yosef Karo rules in the Shulhan Arukh according to the opinion of the Rambam in the Mishneh Torah that we should understand the Shemuel's statement in the broader sense: "and it is prohibited to listen to a voice of erva"[13] and he even rules to be stringent on the issue of the recitation of Shema as well: "One must be careful not to listen to the voice of a woman singing while reciting the Shema,"[14] and this ruling is in concert with his words in his magnum opus, the Beit Yosef: "And with regard to the halakha, it seems that we side with the Rambam, but it is in any event good to be cautious before the fact not to see hair and hear the voice of a woman singing during the recitation of Shema."[15]

In summary: there is a fundamental dispute among the Rishonim. Important Rishonim held that the main prohibition of listening to a woman's voice is only during the recitation of the Shema and other core parts of the prayer service, in accordance with the intuitive context of Shemuel's statement "the voice of a woman is erva." In contrast to this approach, other Rishonim held that the prohibition is analogous to that of looking at a woman, though it is still appropriate to be stringent with regard to the recitation of the Shema as well.[16]

What manner of a woman's voice is considered erva?

The poskim that hold that it is forbidden to hear the voice of a woman in general, and not just during the recitation of the Shema and the core parts of prayer, are divided as to what type of voice is prohibited - is it forbidden only to hear a singing voice, or is listening to common speech proscribed as well? And what about a singing voice that people are already used to? Is every type of singing voice prohibited? Let us begin this discussion with a disagreement between the Rashba and the Raavad described by the Rashba himself:[17]

And the fact that Rav Yitzhak said that a handbreadth of a woman is erva, and that we hold that this applies to his wife during the recitation of Shema, the Raavad of blessed memory explained that it is possible that this refers to a normally covered part of her body, and Rabbenu Hananel commented on this, saying that the shin of a woman is a normally covered and sexually provocative part of the body, even to her husband, and even though it is not normally covered on men, but her face and hands and feet and the non-singing voice of her speech, and her hair that comes out of her braid that is not covered, one need not worry about these as he is used to them and not disturbed. And with regard to another woman, it is forbidden to look at anything, even her little finger and hair, and it is forbidden even to hear her speak, as we say we say in Masekhet Kiddushin: "'let your honor send a salutation to Yalta [Rabbi Nahman's wife]!' He said to him: ‘thus said Shemuel: "the voice of a woman is erva."'" And nevertheless it seems to me that this refers specifically to the voice of a salutation, because there is intimacy in it.

It is important to pay attention to the fact that even the Rashba did not prohibit hearing all speech of a woman, rather only speech that has "intimacy."

In any event, his position is not ruled as halakha by the Shulhan Arukh: "one must guard against hearing the voice of a woman singing." Even though this is said specifically in reference to the recitation of the Shema, the Magen Avraham applies it to general rules of modesty as well: "'The singing voice of a woman' - Even an unmarried woman, and see the Even HaEzer 21, which states that the singing voice of a married woman[18] is always forbidden to hear, but the voice of her speech is permitted."[19] The Maharshal had already asserted that there is no prohibition of listening to a woman's speech:

And that which it says that the voice of a woman is erva, meaning that it is forbidden to speak with a woman, as Rashi explained, that if I should say hello, she would answer me - this seems to me to be strained, for they only prohibited listening to a singing voice, as the scriptures say (Song of Songs, 2): "For your voice is sweet and your face is comely." Also, we do not find that the original great sages were careful not to converse with women, as we see from several instances in the Talmud and other works not referenced here. Rather one should not ask a woman how she is doing out of a sense of intimacy. And we do not hold according to Rabbi Eliyahu Mizrahi, who forbids talking to women, even to ask her where her husband is, and I have already proved that his position is false, see in the chapter "Hasokher et Hapoalim," Siman 6, and the ruling that one does not use a woman at all, adult or child, we shall write, God willing, ahead in Siman 80, that nowadays we rely on the opinion opposed to Shemuel, that said that everything done for Heaven's sake is permitted."[20]

This explanation of the poskim, that the voice prohibited because it might lead to immodest behavior is that of song, is supported explicitly in the Talmud in Masekhet Sota: "Rav Yosef said: ‘when men sing and women respond - it is immodest; when women sing and men respond - it is like a fire in chaff.' What is the practical difference? That one should abolish the one before the other."[21]

Rashi explains:

"Like a fire in chaff" - because the responder pays special attention to hear the singer, and consequently the men will pay attention to the women's singing, and the voice of a woman is erva, as it is written: "let me here your voice" (Song of Songs, 2), and it will fire his evil inclination like a fire in chaff. But when men sing and women respond, there is a little immodesty, as the voice of a woman is erva but it does not fire his evil inclination to the same extent, because the singers to not pay such close attention to hearing the responders.

From the words of the Marshal and the Magen Avraham, we can understand that there is a prohibition of listening to the voice of a woman singing; given this, the poskim advise several dimensions that allow us to be lenient in various ways:

A) Everything here refers only to a lone voice and not to song in a group, as "two voices are not heard."

This distinction is widely accepted among different groups within the community, and it is therefore the custom to permit women's singing in a choir. This dispensation is extremely strained, alien to the character of the subject, and transferred from an altogether different context - hearing the sound of a shofar on Rosh Hashanah.[22] Rabbi Yehiel Weinberg has already raised a serious difficulty on this avenue: "With regard to what is written that two voices are not heard, is it not explicit in the Talmud that because it is pleasant to listen to, one would pay more attention? And nothing is more pleasant to listen to than what our sages attested to, that the voice of a woman is erva, from the verse "For your voice is sweet and your face is comely," see Berakhot 24."[23]

B) The prohibition applies only to listening in a manner similar to looking at a woman for sexual pleasure.

This distinction can be taken from a simple reading of all the material related to the subject, from the language of the Rishonim and the ruling of the Beit Yosef about them, although it is not stated specifically. According to this approach, my teacher, Rabbi Aaron Soloveitchik, ruled that there was no problem in public song when we, his young male students, were participating in the singing. Rabbi Aaron did not permit listening to women by themselves, even in a group, but at the heart of his position was the equation to the prohibition of looking, and the distinction between staring for sexual pleasure and general, innocent sight - and the difference is clear.

C) There is no prohibition whatsoever of innocent singing; rather, only forbidden is singing intended for sexual stimulation, or flirtatious singing.

Although this distinction is not explicit in the early rabbinic sources, it closely fits the character of the prohibition as described in different contexts in the Talmud and the Rishonim, and it is supported by the language of the Rambam, the Tur, and the Shulhan Arukh: "it is forbidden to hear a voice of erva" as opposed to language forbidding song generally.[24] (Even according to the most correct reading of the text of the Rambam - "to hear the voice of a forbidden woman or to see her hair," the word erva referring to the woman herself - the distinction is still supported by the context and the Rambam's general sense.)

The two latter distinctions are necessary, for they solve a difficulty in the language of the Beit Yosef: "And with regard to the halakha, it seems that we side with the Rambam, but it is, in any event, good to be cautious before the fact not to see hair and hear the voice of a woman singing during the recitation of Shema."[25]

This language is strange. If a general prohibition already exists on hearing a woman singing, the soft language "but it is in any event good to be cautious before the fact" with regard to the recitation of the Shema is inappropriate. However, if we interpret this position in accordance with the Tur (Even HaEzer, Siman 21) that this is with regard to problematic listening and problematic singing, we can understand the language of Rav Karo that during the recitation of the Shema one should "be cautious before the fact not to...hear the voice of a woman singing." It is appropriate to be careful during the recitation of Shema not to hear any singing of a woman, even that which is not problematic from the perspective of modesty.

These two latter distinctions are brought in the Sedei Hemed in the name of the Divrei Hefetz,[26] and were criticized by Rabbi A. D. Horowitz in a letter to Rabbi Yehiel Weinberg:

And as for what the Sedei Hemed said in the name of the Divrei Hefetz - firstly, the Sedei Hemed writes that is correct to act stringently, despite his opinion, and besides this, did not the Sedei Hemed write explicitly: "only one who does not intend to gain pleasure from her voice?" In that case, who can be responsible for monitoring such a thing? And also, what he writes in a letter that in religious singing the young men do not intend to benefit from the voice of the young women - it is a painful joke to say this, and it is easy for his venerable learnedness to say this in his old age (may he live long) (see the Tosafot on Masekhet Sota 19a, s.v. "Vekhohen," referencing the Talmud Yerushalmi, about an old priest). Does it not say in the Talmud, Masekhet Niddah, 13a, to the effect that in fear and trembling there is no suspicion of sinful fantasy - and even there the Beit Yosef wrote in Orah Haim, Siman 3, that the poskim left this out, as they could not be sure, and all depends on one's personal character..."[27]

We should pay attention to the fact that although Rabbi Horowitz's criticism of our latter distinctions (that the only prohibition is that of listening for pleasure, and that we need not worry about religious singing) is quite strong, there is still no claim of a formal prohibition on all song, rather a concern that these distinctions would be difficult to implement in reality: There is no possibility, according to this approach, that we will avoid all "exceptions", and that we will ensure that everyone will be listening innocently, and we must assume that there will always be some of the listening to women that will be problematic.

It seems to me that specifically these distinctions are the most appropriate to our circumstances, and that it is relatively easy to implement them. I have been asked for practical advice many times by students who have long been used to hearing female singers, and only discovered the halakhic problems with this after they had acquired a broader Torah knowledge. I always ask them how they react to the women's singing, and without exception they claim that the song does not arouse them unless it is intended to. Songs with this intention are characterized by their lyrics, melody, musical style, dress and body language. In communities that have the practice of permitting women's singing in serious ceremonies (even if this practice developed unintentionally) even those who wish to change the practice do not claim that the music arouses them, rather they think that there is a formal prohibition on all female singing. We are therefore witnesses to the fact that there is problematic singing, and there is singing that is entirely non-problematic.

It is likely that the stringent approach of Rabbi A. D. Horowitz can be explained by the Raavya, who considers the matter dependent on acclimation, and if so, even if groups within a certain community can be justifiably lenient, this possibility is not open to every community:

It is ruled in Halakhot Gedolot that all that we say here, that a handbreadth of a woman is erva, even if she is his wife, and with regard to another woman, even something smaller than a handbreadth, and likewise the shin of a woman is erva, and likewise the hair of a woman is erva [and likewise the voice of a woman is erva] - for all of these things it is forbidden to recite the Shema in their presence, and so explains Rabbenu Hananel. And I say that the reason for this is that even though the voice is not visible to the eye, there is nevertheless cause sexual fantasies. And all of the things [that we have related above] as erva only refer to things that are not customarily exposed. But we do not worry about an unmarried woman who regularly leaves her hair uncovered, because this does not cause fantasies, and so too with her voice [that he is used to].[28]

In light of the fundamental disagreement among the Rishonim and the interpretations offered of the ruling of the Shulhan Aruch, we can summarize:

· It is permitted to be lenient with regard to listening to the voice of a woman singing when there is a clear sense that the listening is innocent and the singing is innocent.

Such an assessment is dependent on five conditions:

1. Context and appropriate atmosphere

2. The lyrics of the song

3. The musical style

4. Dress

5. Body language

According to this approach, there is no problem with those among our daughters who are modest and upstanding to develop a career in singing, even within the general culture, as long as they do not make concessions of the refined foundations of Torah culture, and do not cooperate with the vulgar, commercialized aspects of the culture surrounding us. In an approach that is not accepted as halakha, the Sefer Hasidim held that there is a parallel prohibition on women to listen to the voices of men.[29] Even though this is not practiced halakha, it is ideal to pay attention to the five conditions I have outlined even in the case of a man singing in the presence of women.

· The dispensation for two or more voices is far-fetched and should not be relied upon alone.

In practice, when we rely upon this dispensation alone, there are many pitfalls. It seems that we have found a simple, easy answer, and we need not worry about the lyrics, or the melody, or the musical style, or the dress or body language, and in reality this sometimes creates a culture unbefitting the spirit of the Torah.

1. The Rishonim write about looking for pleasure or sexually inappropriate looking, and distinguish between this type of gazing and "sight".

2. Avodah Zarah 20a, ulistakulei mi sharei

3. Beit Yosef, E. H. 21

4. Every statement of this passage deserves its own discussion, as they each have unique characteristics and their own parallel passages.

5. Or Zarua, 1, hilkhot taharat keriat shema utefilah, no. 133

6. Hiddushei ha-Rashba, Berakhot 24a

7. Rosh, Berakhot, 3:37

8. Rambam, Hilkhot Issurei Biah, 21:2.

9. Rambam, Hilkhot Keriat Shema 3:16; See also his Responsa, no 224.

10. Tur E.H. 21

11.Raaviyah, Masekhet Berakhot, vol. 1, no 77, quoted at the bottom of p. 7.

12. Mordekhai, Berakhot, chapter Mi sheMeito, 247:80

13. Shulhan Arukh E.H. 21:1

14. Shulhan Arukh E.H. 21:1

15. Shulhan Arukh O.H. 75:3

16. Beit Yosef O.H. 75

17. Rashbah Berakhot 241

18. In the interest of objectivity, it should be pointed out that the Rif overlooks the subject entirely. see the full text of the Talmudic passage: Kiddushin 70a .According to Magen Avraham, it seems that the only prohibition is regarding a married woman, and not a single woman who he may marry. See also Tzitz Eliezer 7:28; and Yabia Omer 1, O.H. 6

19. Magen Avraham, O.H. 75:6

20. Yam Shel Shelomo, Kiddushin, chapter 4, no. 4

21. Sotah 48a

22. Rosh Hashanah 27a

23. From a letter sent to Rabbi Avraham David Horowitz, cited in Seridei Esh, 1:121, p. 394

24 Tur, Even haEzer, no. 21. Rambam, Issurei Biah, 21:2

25. Beit Yosef, O.H. 75..

26. Sedei Hemed, section Kof, kelal 42 (vol. 5, p. 282)

27. The full text of the letter can be found in Seridei Esh, vol. 1, no. 121, p. 394.

28. Raaviyah 1, Berakhot no. 76; Mordekhai on Berakhot 247:80

29. Sefer Hasidim, no. 614

New Book of Short Stories by Rabbi Marc D. Angel

Rabbi Marc D. Angel has just come out with a book of short stories, "The Crown of Solomon and Other Stories." Published by Albion-Andalus Books, the 150 page soft cover book is available through the online store at jewishideas.org

Here are some comments on the book:

These wry parables of Jewish wisdom and ignorance touch a nerve. We find ourselves thinking about these characters long after we've put the book down—this one timid and self-demeaning until she suddenly is not, that one stubborn and aggressive, another, hesitant beyond reason. The stories quietly ambush assumptions of many kinds. —Jane Mushabac, CUNY Professor of English, author of "Pasha: Ruminations of David Aroughetti."

While reading Rabbi Marc Angel’s The Crown of Solomon and Other Stories, I could not stop wondering whether David Barukh, the unrecognized Sephardic Mozart, was a metaphor for the last two centuries of the Ottoman Sephardic culture, a metaphor for all the wasted opportunities and unrealized potentials! Rabbi Angel’s stories demonstrate that Sepharadim can still teach modern American readers a thing or two, a lesson in honesty, or modesty – or, maybe, how to turn a defect into effect. Rabbi Angel does not idealize his Sephardic characters, not even the rabbinic ones. Some of his rabbis, like Hakham Shelomo, are wise in an a la turca way; others are quite average, like Hakham Ezra; some are humble, honorable and even saintly like Rabbi Bejerano - and yet others are frivolous and self-centered, like Rabbi Tedeschi. All are convincingly human and quite imaginable in real life. The lay characters of the stories are simply conquering in their charming simplicity, in their human rootedness and in their folk wisdom. While reading Rabbi Marc Angel’s new book, I felt everything was in its place. It takes a person deeply rooted in both cultures, traditional Sephardic and modern American, to tell so Sephardic a story in a language such as English, and who makes everything feel totally right. Dr. Eliezer Papo--Head of the Ladino Program at the Department of Hebrew Literature;Head of the Sephardic Studies Research Institute,Ben-Gurion University of the Negev

Ever since his novel, The Search Committee, I have been waiting anxiously for Rabbi Marc D. Angel's next work of fiction. The short story collection The Crown of Solomon and Other Stories was worth the wait! A unique and moving collection that allows the reader insight into Sephardic Jewry's rich heritage." Naomi Ragen--Author of The Sister's Weiss and the Ghost of Hannah Mendes

Spinoza’s Sub Specie Aeternitatis, Yeshiva Students and the Army

Whenever I think of the huge demonstration of Hareidi yeshiva students at the beginning of this month, I think of Gateshead Yeshiva in England where I spent many years studying Talmud. It is Europe’s most famous yeshiva and a bastion of Torah study in the Hareidi world. Paradoxically, I also think of Spinoza’s incomparable masterpiece, the Ethics, written in a small room in Voorburg, the Netherlands.

I come from a completely secular background with no Jewish education, but good schooling in secular philosophy where Kant, Hume and Wittgenstein reigned supreme. When I ventured to have a look at Gateshead Yeshiva with the intention of learning Talmud, I did not know what was awaiting me. I expected a Jewish university for talmudic studies where enlightened teachers and students would discuss the latest problems in theology and talmudic historiography. But nothing was further from the truth. This was not even Yeshiva University. It’s not just that there were no secular studies and no talk about Plato’s theory of immortality or Leibniz’s famous theodicy; this was an altogether different planet. There was nothing but one supreme endeavor: learning Talmud, combined with Rabbi Aryeh Leib Heller’s (1) classic Ketzos HaChoshen and Rabbi Yaakov ben Yaakov Moshe Lorberbaum’s (2) Nesivos HaMishpat, two brilliant talmudic works.

There were 300 of us, and we slept in our overcoats in what some people called a bedroom, where the temperature was far below zero. Our neigel vasser (3) was frozen in the morning. There was no lobby in the yeshiva where we could relax, nor was there a cafeteria. We knew that the food we ate was practically taken from the mouths of our roshei yeshiva. Our menahel ruhani (spiritual mentor), Rabbi Hizkiyahu Eliezer Kahan z”l, was as poor as a church mouse but looked like a king in his spotless frock coat and with his long, carefully combed white beard. He was a “Nevardoker” – a student of the famous Nevardok Yeshiva (called after a city in Lithuania) of pre-Holocaust Europe, which was dedicated to strict discipline and unfailing religious devotion. The non-Jews in Gateshead knew that when Rabbi Kahan, who walked as upright as a soldier, passed by in the afternoon, it was exactly 4:00 p.m. – not a minute later and not a minute earlier. They could not help but take their hats off to this remarkable human being who was a great tzaddik.

When you entered the yeshiva, you were no longer sure in which century you were living – the 5th, 12th, 17th or 20th. This was a world unto itself, made up of singularly focused people. There was no walking out to the street for a few minutes to get some fresh air; no option of going to a kosher restaurant to get a cup of coffee or have a falafel; no chance of meeting a religious girl studying at the famous Gateshead Seminary. Although 150 of them were right around the corner, they were light-years away from our yeshiva. Not only was it dangerous to walk in the streets, since so many drunken people wandered around, but no one even had any interest in doing so. It was considered bitul zman (a waste of time). There was one supreme goal: shtaigen in lernen (excelling in learning).

The roshei yeshiva showed incredible integrity, deep religiosity and a total absence of any personal agenda. There was no competition between them, no scandals and no quarrels. Just Torah in all of its splendor. What counted was the service of God through learning the Talmud, a holy text of infinite sublimity. This monumental text took them back to Mount Sinai, and through its pages they relived the greatest moments in all of Jewish history. There was much naiveté, a withdrawal from the world, which made the rabbis seem like human angels while studying the laws of damages and injuries. There were also mussar shmoozen. These were not intellectual discourses like Kant’s sophisticated insights about ethics; they were emotional, often spontaneous, outbursts of love for God and man. Through the singsong chants, they would lift us up to heaven and ask of us to be supreme human beings and Jews. Nothing in this world comes close to those religious experiences.

I spent 12 years in yeshivot, and then completed my Ph.D. Today, when I speak with many people who reject the yeshiva world and criticize it harshly for its faults, I realize that although I agree with many of their critical assessments, they fail to understand the inner music of these institutions.

They do not realize that this introverted but remarkable world somehow lifted the Jews out of their misery throughout history and gave them the strength to survive all their enemies under the most intolerable conditions brought on by anti-Semitism. It was this denial of time that made the Jews eternal. The yeshiva world was no doubt very small compared to what it is now, but until the emancipation it was the pride of the entire Jewish world. The Talmud afforded the Jews wings, enabling them to fly to other worlds; to return to the past that no longer existed; and to look toward worlds that were still to come. It became the Jews’ portable homeland, and their complete immersion in its texts made them indestructible even as they were tortured and killed. The Talmud became their survival kit, which ultimately empowered their offspring to establish the State of Israel, nearly 2000 years after they were exiled from their land. This is unprecedented in all of the history of mankind.

For nearly 2000 years the yeshiva world made Jews view life sub specie aeternitatis, as Spinoza called it – from the perspective of eternity. Indeed, it allowed them to leave behind ordinary history and become a-historical. Jews stepped out of history because it was the only way to survive in history. And so the yeshiva world gave the Jewish people a tool for survival, which no one could match for the last 2000 years. Had the yeshiva world not done so, the Jewish people would never have endured, the State of Israel would not have been created, and no Jews – neither religious nor secular – would have lived in this wonderful country. All Israelis owe their lives to the wondrous yeshiva world, whether they like it or not.

In some way, Spinoza was a yeshiva student. He lived in his small room in Voorburg, and that was his beit midrash. Like the yeshiva students, he nearly never left it. There he built his universe and wrote his magnum opus. Consistent with his own philosophy, he too lived outside of history. His deep thoughts, insights and noble feelings are not of this world.

They too are the product of sub specie aeternitatis and therefore suspect. In the long run they will break down, because one might be able to escape this world, even for a long time, but ultimately one needs to return. Thoughts that are eternal and untouchable are too beautiful and, for most people, unreachable. And so it is with the yeshiva world. Learning Talmud without being able to put much of its teachings into practice is too abstract and too unworldly.
With the establishment of the State of Israel, Jews were forced to re-enter history. But after 2000 years of living as yeshiva students and followers of Spinoza’s saintly teachings, it is a painful transformation. Most of our leaders, our government, and the roshei yeshiva have not yet realized that we are still hanging in suspense. We live with one foot in the world of the yeshiva and Spinoza, and the other foot on the ground with all its challenges and harsh realities. Our political leaders want us to come down and stand with both feet on the ground, while the yeshiva world wants to stay in the beit midrash of Spinoza, in heaven. Both will have to realize that their goals are unrealistic. It is much too early to decide whether we should come down with both feet on the ground, or continue to stay in heaven with at least one foot. We still find ourselves at a crossroads. One is reminded of the story told about a former premier of China who was asked what the impact of the French Revolution was on modern European history. His reply was, “It’s too early to say.”

What our political leaders have to ask themselves is whether it is already possible to fully return to history. Our enemies surrounding us are getting stronger and stronger. Their hate increases daily. Israel now finds itself in an unprecedented and precarious situation, more and more isolated. We are close to becoming, once again, a nation that “dwells alone,” as our biblical arch-enemy Bil’am stated thousands of years ago. (4) Can we really afford to fully enter into history bound by its normative rules, and be defeated by these very rules because we are not yet strong enough? Wouldn’t it be better to stay with one foot in the world of sub specie aeternitatis, outside of history? In fact, isn’t the very existence of the State of Israel a bit too miraculous to fit the norms of history? Perhaps we should make sure that some of our people, our yeshiva students, continue to live outside of history so that they can rescue our nation if history does not accept us as real players and we would otherwise disappear. Isn’t it true that we are treated as a people with no history, as the United Nations, many European countries, and even the American administration use double standards when judging us, not allowing us to be part of conventional history? We are still living through the birth-pangs, as yet unable to say what the baby will look like.

On the other hand, it is our Hareidi roshei yeshiva and those recognized as the gedolei hador who are guilty of not realizing that we Jews must return to history at some point, and if they don’t want to join us they may lose us altogether and they themselves may not survive. They seem to be completely oblivious to the radical change that has taken place in the Jewish world – including their own yeshiva world – after the Holocaust and the establishment of the State of Israel. We have been taught that in the long run it is impossible for all of us to stay outside of history. The Holocaust has taught us that we cannot survive ad infinitum without entering history. We have too much eternity and too little geography. To argue that our yeshiva students are the ones who really defend us against our enemies, and that we do not need soldiers, is an escape from reality and as anti-halakhic as can be. It is a rewriting of Judaism that the Hareidi leadership cannot even accuse the Reform of doing.

Both the secular and the Hareidi utterly lack historical perspective. The secular have to learn that we may need to keep some people outside of history, and the Hareidi leadership will have to realize that now that we have a state of our own, all of us, without exception, must serve in Tzahal because we are trying to get back into history. In fact, every young Jewish male outside of Israel should feel it his absolute moral obligation to serve for a few months in the Israeli army, because by now world Jewry is depending on the State of Israel, if only so that when it really goes wrong in Europe or the United States there will be a haven for them.

It cannot be denied that the Israeli government made a major blunder in the way it handled the need to draft yeshiva students for army service. Some Knesset members believe that they won, but in reality it was a monumental loss and they became the laughing stock of Israeli society by arguing for equal service by all. Everyone knows that there’s no such thing as equality in the army. Some people risk their lives, others do not. If all were equal, the army wouldn’t function. We also know that a Jewish State will never be able to put people in jail because they learn Torah.

Both parties should have learned from the great British Jewish philosopher Isaiah Berlin who states that there are no ideal solutions in this world. There are only tradeoffs. “You cannot combine full liberty with full equality… Justice and mercy, knowledge and happiness can collide,” says Berlin. It is not that such perfect harmony cannot be created because of practical difficulties. It is that “utopian solutions are in principle incoherent and unimaginable… so there have to be choices.” One can only choose how much equality and how much liberty, how much mercy and how much justice. Belief in a perfect world “cannot but lead to suffering, misery, blood, terrible oppression.” (5)

The only thing the government can do is suggest that Hareidi yeshiva students go for basic training and build yeshivot in the army. The students would have to walk around in uniform and learn full time, learn with other soldiers, do community service, or something similar. Fair? Certainly not. But fairness is not a value that can always work in the military.

Only a tradeoff can work; there is no other option. And by allowing these students to study while in the army, we at least remind ourselves that we may still have to be an a-historical people and that we cannot yet afford to live solely within history. It is still too dangerous. If some of us are full-time cooks in the army, others can be full time learners in the army. Much too expensive? Sure! But you cannot have your cake and eat it too.

Still, the greatest mistake was not made by the government but by the Hareidi leadership. When it organized a demonstration in which nearly 600,000 black-hatted yeshiva students participated to show their love for Torah, one could hear a pin drop just before the crowd burst out in an unprecedented cry of Shema Yisrael. That was the perfect opportunity to prove their love for our brave soldiers and all of Israeli society by having all 600,000 men and women recite prayers for the welfare of the soldiers and all Jews in Israel. That would not only have been a great kiddush Hashem; it also would have turned Israeli society around and healed much of the animosity between the Hareidi and non-Hareidi communities. Yeshiva students would have been seen in a different light. Instead of having upset hundreds of thousands of Israelis, among whom many have lost their sons and daughters in combat, it would have created an entirely different atmosphere in the country. There is little doubt that most yeshiva students would have done it with great love. The failure to ask them to do so is not just a missed opportunity. It is completely irresponsible and a terrible tragedy. When the world-renowned, Hareidi halakhic authority Rabbi Shlomo Zalman Aurbach z”l was asked to which graves of tzaddikim one should go to pray, he said to go to the military cemeteries. The fact that the Hareidi leadership did not tell 600,000 of their followers to pray for our soldiers proves beyond doubt how small-minded are those who are recognized as gedolei hador.

To paraphrase Spinoza: All noble men are as great as they are rare.
*************************
1. Rabbi, talmudist and halachist in Galicia, 1745-1812.
2. Rabbi and respected posek in Lissa (today known as Leszno), Poland, 1760-1832.
3. Water put near one’s bed at night for washing hands upon arising.
4. Bamidbar 23:9.
5. Ramin Jahanbegloo, Conversations with Isaiah Berlin (London: Halban Publishers, 2007) pp. 142-3.

Update from Rabbi Hayyim Angel, National Scholar of the Institute for Jewish Ideas and Ideals

The Institute for Jewish Ideas and Ideals has been co-sponsoring a ten-part series of weekly classes with Lincoln Square Synagogue in the First Book of Samuel (68th Street and Amsterdam Avenue in Manhattan). Wednesdays from 7:15-8:15 pm from January 29-April 2. With this series winding down, we are discussing the possibility of future classes. Stay tuned for further announcements.

As a bonus to all participants in the series at Lincoln Square Synagogue, we distributed copies of my new book published through the Institute, A Synagogue Companion. By now, all Institute members should have received copies of A Synagogue Companion. If you are interested in ordering multiple copies to distribute at your school or synagogue at a significantly reduced rate, please contact Rabbi Marc Angel, at [email protected].

The regular Conversations schedule is on track, with the next issue scheduled for publication in May. You may acquire copies (paperback or kindle) of my recently republished collection of essays on Tanakh, Through an Opaque Lens, at amazon.com. My next publication project through the Institute is a Holiday Companion that will contain insights and explanations of the readings, prayers, and rituals of the holidays. It should be available some time next fall. I'm also working on a new collection of essays on Tanakh, with a focus on learning methodology. We will be publishing that through Kodesh Press.

Some other teaching highlights from February-March include: Shabbat Feb 7-8: I was the scholar-in-residence at Yeshiva University. We explored the interrelationship between traditional and academic methods of Tanakh study.

Shabbat Feb 15: I taught the Shabbat morning class at Congregation Ohav Shalom in New York: Hur and Pharaoh's daughter.

Sunday Feb 23: I gave a class on Megillat Esther at the Kingsway Jewish Center in Brooklyn.

Shabbat Feb 28-March 1: I was the scholar-in-residence at Cornell University.

Monday March 3: I taught a class on the nature of Midrash to 12th graders at the Heschel High School in New York.

In March, I gave a four-part series to rabbinical students at Yeshivat Chovevei Torah in Riverdale, NY on the Book of Jeremiah and underlying learning methodology.

Thursday March 6: I conducted a teacher training session on the Book of Jeremiah for the Tanakh faculty at the Ramaz Upper School in New York.

Shabbat March 7-8: I was the scholar-in-residence at Congregation Shaarei Orah in Teaneck, New Jersey. This Shabbat featured several talks on Sephardic and Ashkenazic liturgy and philosophy and how a study of both deepens our appreciation of tradition.

Thursday March 20: The Institute for Jewish Ideas sponsored a book reception for my two most recent books: Vision from the Prophet and Counsel from the Elders (OU Press, 2013), and A Synagogue Companion (Institute for Jewish Ideas and Ideals, 2014). It was at the Drisha Institute in Manhattan. Speakers included Rabbi Marc Angel, Rabbi Saul Berman (Yeshiva University), Rachel Friedman (Drisha Institute), and Rabbi Shaul Robinson (Lincoln Square Synagogue).

I welcome your ideas and suggestions. Please feel free to contact me at [email protected].

Book Review of Hillel Goldberg's "Storied Lives around the World"

Storied Jewish Lives around the World, by Hillel Goldberg

Feldheim Publishers, 2013, 228 pages

Rabbi Hillel Goldberg, an award winning author who has published inspiring Jewish stories for over 45 years, and has authored five previous books, has now given us three dozen well-crafted, easy-to-read, inspiring tales of people who we will admire, people we should emulate.

“There is greatness,” Rabbi Goldberg writes, “not only in well known leaders. ‘There is no person who does not have his hour.’ I have known this person too – the ‘simple Jew,’ the poshuteh Yid – shining in his moment of distinction. I have tried to capture” the greatness of these Jews, and their contribution to those around them.

The rabbi succeeds. His stories are interesting, inspiring, and very moving. He tells of people who lived normal lives, but unexpectedly became angels of God.

Among many others, Rabbi Goldberg tells about Professor Frank Talmage who died at age fifty. Despite being very ill, he devoted himself to what became a classic work on the Bible commentator David Kimchi (1160-1235). Although at times quite ill, he continued to teach and inspire students.

He tells us about Daniel Kravitz who because of kindness to a skinhead neo-Nazi, he was able to persuade him to reconnect with his parents and abandon his neo-Nazi group.

There are also stories of an eighteenth century Polish nobleman who converted to Judaism and surrendered his life for his new religion; a holocaust survivor who died years
after the holocaust with the same pious behavior as his grandfather when he died; and the tale of Werner and Lucie who despite numerous difficulties, including the horrors of
the holocaust, difficulties created by the British when they administered Palestine, and a separation of seven years, were able to remain true to each other, reunite, and marry.

In short, this is an inspiring book that readers will enjoy because the stories are fascinating and because of the positive feelings they will produce when they are read.