Post Postville

Recently the almost universally recognized hechsher OU has put Agriprocessors on notice. Unless the ownership of Agriprocessors make significant changes in the upper level management, change the CEO and fall into compliance they will rescind their valued hechsher. As of September 18, 2008 a new CEO has been named and this should be lauded. On a parallel track Conservative Judaism has introduced the Hechsher Tzedek. This new hechsher would certify that not only is the product technically kosher, but also conforms to Jewish ethical standards regulating our behavior in the workplace.

Both of these noteworthy developments are positive moves in the right direction. The OU ought to be lauded because while they represent orthodox standards of kashrut they are also the symbol to the wider Jewish community which observes kashrut as well. Many of these people were caught in a difficult situation and were indeed conflicted as a result of the developments at Agriprocessors. They found that observance of ethical standards was in conflict with their desire to consume only kosher meat products. By eating kosher meat products certified by the OU they may not be able to meticulously observe ethical commandments. Or to put it another way: by eating meat products certified by the OU as kosher they would be violating another mitzvah regulating our ethical behavior towards the worker.

The Conservative movement’s initiative to introduce the Hechsher Tzedek accomplished several things: It placed a sharp focus on the need to find relief for the ethical imperatives central to Judaism, but being violated. By introducing the Hechsher Tzedek new options were being made available to those committed to observing meticulous standards of technical kashrut but not compromising with those mitzvoth bein adam l’chavero – the ethical commandments. Lastly, by introducing their unique hechsher, pressure was brought to bear on the OU. The OU has responded appropriately, they’ve done the right thing and ought to be applauded.

It would appear that the next step is for closer cooperation between the OU and the Hechsher Tzedek. A blending of these two hechsherim would send a powerful message to the wider Jewish community that on certain issues there is no difference what your denominational preference is.

In this season, when the Days of Awe dominate the mind set of most serious Jews, regardless of denominational identification, those mitzvoth which are between man and his fellow man take on special and unique significance. We all know that as we approach Yom Kippur we cannot, as our sages teach us, come before the creator with expectations of mechila and selicha from our Creator before first having made peace with our fellow human beings. A merger between the Hechsher Tzedek and the OU would blend the mitzvoth bein adam lamakom and the mitzvoth bein adam l’chavero, bringing all of us to a higher sensitivity level and perhaps a genuine contribution towards tikkun olam.

Ethics of Shechita – Revisited

The Postville scandal just isn’t going away. Recently the Jewish Press ran an interesting opinion piece by Nathan Lewin, the attorney for Agriprocessors, in defense of his client. His article was in response to an argument presented by an orthodox rabbi that questioned the kashrut of the meat slaughtered at Postville. Rabbi Shmuel Herzfeld of Congregation Ohev Shalom Synagogue listed three arguments which questioned the viability of the continued production of kosher meat through Agriprocessors. Naturally, Lewin, being a sharp lawyer was able to poke holes into these arguments and thus ostensibly argue for the continued production of kosher meat by Agriprocessors.

Lewin’s arguments didn’t convince me. Those that are looking for an excuse to support the Postville enterprise will lean heavily on those arguments made by Lewin. Those who are outraged by the injustice, fraud and human debasement will tend to agree with Rabbi Herzfeld and seek other options for their kosher meat products. However, whether you are “for or against”, one must deal with the strong indictment delivered by the Forward in its editorial last week.

The investigative journalism presented in that editorial was enough to put into question the continued viability of the Rubashkin family to continue its service to the Jewish community. Assuming that what was reported is accurate the issue goes way beyond the Postville scandal. The real issue at hand is the kashrut agencies. By them continuing to license Agriprocessors as a kosher plant producing kosher product casts a giant question mark on their veracity.

The irony is that many institutions loose their kosher label for insignificant infractions. Many establishments were threatened with loss of their kosher status for things unrelated to what was being certified as kosher. In Israel many hotels over the years were threatened that there kosher certification would be yanked if they allowed New Years Eve celebrations to take place in their public areas. What does celebrating New Yeas Eve have to do with whether or not your kitchen is kosher? There is no right answer, because it was an arbitrary decision based on the whim of rabbis seeking to exercise a little control in one of the last areas open to them. Rubashkin’s involvement in organized crime, arson and extortion goes to the root of “neemanut”, and their veracity to be agents of an institution that produces “kosher “products.

While the Forward made a cogent case against Rubashkin, those who wish to continue to use their products will rely on the wily words of Lewin. Those who are already convinced that the Rubashkin products aren’t fir to be called kosher need no further convincing. However for those who still haven’t decided there are three points that they ought to be consider.

Being carnivorous in Jewish law is a default position. We were programmed to be vegetarian and so we were, prior to our exile from the “Garden”. As we matured we were to be aided by making use of specified animals only, so long as other obligations were fulfilled such as the avoidance of “tzar l’baalei chayim”. Shechita, any way you cut it, involves “tzar l’baalei chayim” albeit minimally and thus we ought not rely on this default position granted to us by God, but strive for the ideal and become vegetarian once again.

Second, there is an inherent failure within the Orthodox establishment to see beyond the rigid interpretation of the law. Take note of the arguments presented by Rabbi Herzfeld verses that of Agriprocessor’s attorney Nathan Lewin. Lewin represents the rigid interpretation of halacha, while Rabbi Herzfeld was able to go beyond and seek out the spirit of the law.

Third, we live in a post industrial age where shechita as it was envisioned by our forefathers can no longer be achieved. Initially we were an agrarian society, we shechted what was required to sustain ourselves and our village (community) – no more. The shochtim weren’t under pressure to slaughter a staggering number of animals, as they are today, in order to satisfy the needs, not of a small community but of millions seeking kosher products nationwide. Add to that the fact that the shochtim are no longer independent but work for a corporation, a large corporation. They are under guidelines which aren’t necessarily halachic guidelines found in Shukchan Aruch, but laid out by their supervisors who answer to mangers above them; all of them with the goal of satisfying the corporate need for a profitable bottom line.

Anyone sensitive to the issues raised here ought to consider the alternatives: to discontinue use of all products originating from Agriprocessors; avoid meat consumption; or become vegetarian.

Closing Ranks

This Rubashkin business is becoming more than just a headache. It’s becoming a full blown migraine, and the orthodox community as personified by different orthodox institutions is digging for themselves a deeper pit by which it will be difficult to extricate themselves.

Just a few days ago I read a release in the JTA of an Orthodox rabbinical organization which toured the Postville based kosher slaughter house singing praise about the standards of the plant and its management. One would have thought that there was absolutely no basis for the investigation against the company. As a matter of fact one would have been led to believe that the whole thing had been a tempest in a tea pot.

Unfortunately it’s not. As it turns out our rabbis don’t have a clue as to what they are talking about. They ought to do what they know best – teach a shiur in theoretical gemorah, or deliver an arcane devar torah where there are no real life ramifications. It’s interesting and safe to learn about a “shor shenagoch…”, because there is little if no practical application. It’s harmless mental gymnastics. But once these rabbis begin to involve themselves in the corporate world and regulatory agencies, the playing field changes dramatically. One rabbi even referred to the Agriprocessor plant as a Cadillac. Another rabbi couldn’t imagine why someone shouldn’t buy the meat products. He hasn’t the foggiest idea that a moral outrage has possibly been perpetrated. This is totally believable in view of the fact that as one representative from the notorious slaughter house said “Agriprocessors doesn’t have any position on immigration. Agriprocessors doesn’t have positions on ethical culture”. Imagine that!

Charges have been made that there was exploitation of child labor. When the rabbis asked the authorities (feds) for names they advised them that they couldn’t release the names. Had the rabbis had the slightest clue as to the role of the feds they never would have asked for that information but would have begun their own serious inquiries. The Feds aren’t there to advise companies. They are regulatory agencies. Their job is to cite you and to ensure that the problems have been corrected. Their task isn’t to help you do your job.

What was most fascinating was instead of trying to get to the bottom of this horrific chilul hashem, this delegation of Orthodox rabbis went to Postville (one day) with a preconceived notion that the management had things under control and that with a little bit of PR things will get back to normal. They saw their mission in terms of damage control. For these rabbis, the issues presented over the past two years weren’t anything of ethical consequence. They were technical matters that needed to be addressed. They didn’t come there with open minds to try and find out how is it possible that we have sinned so egregiously. They came there to close ranks and circle the wagons.

Defensive. We have never done anything wrong. The goyim always have it in for us. What have we ever done to “piss them off”? I don’t know…what have we done? We’ve tried to whitewash the fact that a kosher slaughter house allegedly spits in the face of safe labor practice, allegedly exploits its labor force, allegedly exploits children, allegedly employs undocumented workers, allegedly provides them with no benefits and allegedly gives them little or no training at the risk of serious bodily harm and disfigurement. We’ll forget about the alleged sexual exploitation. Even though all of the above are allegations it ought to be enough for our esteemed orthodox rabbis to investigate, not whitewash, not circle the wagons. Big deal – the mitzvah is eating kosher meat, who cares about God’s children.

The fact of the matter is that they don’t really care about God’s children unless of course they are orthodox Jews. Actually I’m no longer convinced they care about non orthodox Jews, much less gentiles unless there is an angle in it for them – like fund raising, money and profits. After all, Getzel Rubashkin, a grandson of the founder of the now infamous slaughter house had the temerity to say that this isn’t about ethics, “it’s a business”. I guess for him and others of his ilk, religion is a business – and so is God. So it all boils down to money and “what can you do for me today”. Sad, but that is the profile of a community who allowed the end to justify the means, all for the purpose of sanctifying the name of God. I wonder what Amos would have to say?