Monday, December 20, 2010

Asher Bochar Banu Mi’kol Ha’amim

American Jewish religious affiliation trends toward the liberal movements (reform and conservative) and politically as social progressives. This makes perfect sense because their religious institutions buttress their social progressive positions. They feel comfortable in their milieu; their synagogues are in the forefront of social action, they support the Democratic Party and naturally, critical of Israel’s approach to the peace process as well as lambasting Israel’s relationship with the Muslim community in Israel. The liberal community’s neat religious/social/political package works well for them; they feel comfortable as one of the clear articulate voices calling for social justice.

Living in the Diaspora carries with it the disturbing psychological burden of maintaining an enlightened image of Judaism, as well as a profile of Judaism that is loyal to America and American values. A Madoff makes us feel uncomfortable; a Pollard makes us cringe and a Rubashkin makes us squirm. What will the gentiles think of us now? Will they see us as greedy, with questionable loyalty and exploitative of minorities? How uncomfortable is all that? But wait, what about the forty-seven rabbis signing a statement on December 7, 2010, quoting halacha (which has no borders) that it is forbidden to rent or sell property to a non Jew (Muslim) in Israel? Ouch! Rabbis aren’t supposed to be racist or intolerant and discriminatory. It makes the liberal American Jew squirm thinking that perhaps American Orthodox rabbis buy into the same halachic standard, conjuring up images of whites not renting to blacks not that long ago.

Apparently, these enlightened American Jews aren’t necessarily aware of the blessing their children chant on their Bar/ Bat Mitzva’s and forever after when called to the Torah: “Ashe Bochar banu Mikol Ha’amim”, that we are the chosen from all the other nations. You can’t get more racist than that. But their rabbis anticipating the discomfort in chanting this unique blessing gave new meaning, new understanding to these words. We aren’t “chosen” (heaven forbid), rather we are “different” was the new spin. American liberal Jews live in a bubble, a fictitious cocoon, a make believe world, a color by number world designed by their rabbis in order to give their communities a good, warm, fuzzy feeling about being Jewish.

The Jewish experience in Israel, like mostly everything else there, isn’t sugar coated. They don’t obsess over packaging, just the message: no spin. For the preponderant orthodox Jewish community in Israel “Ashe Bachar Banu …” means exactly what it says and what it intended to say: Israel is special, we are chosen. Unlike America where every child is a winner and every one is special in Israel there are winners and losers. We are as chosen today as Isaac was chosen over Ishmael and as Jacob was chosen over Esau several thousand years ago. We do not subscribe to Replacement Theology as much as the Church would like us to, nor do the rabbis in Israel spin “Asher Bachar Banu…” as the American liberal rabbis do.

In spite of this there is something very wrong, very malevolent with the statement made by these forty-seven rabbis in citing halacha as the reason for not selling or renting to non Jews in Israel. Israel is, after all a democratic state and not governed by theology or halachic rulings. These rabbis, like so many Israelis are being influenced by the fear that the majority of Jews in Israel will be eroded in time based upon the growing birth rate among Muslims as well as the looming threat of the “right of return” of Muslims as part of a peace deal. Hearing this argument however brings to mind the halachic question of whether one may disconnect a person in a vegetative state from a life support system. The rabbis ruled that if the person is not on yet on life support, there is no obligation to put him on it, if the diagnosis is dire without hope. However once he is on life support he can’t be disconnected because then his life is actively being terminated. The analogy here is that people living in Israel, regardless of race, religion or color ought to have equal rights before the law. They all live in Israel, and a democracy ought to be free of discrimination based upon color, religion, sex or beliefs. that ought to apply to all those living within the borders of Israel. On the other hand, as a responsible government Israel is mandated and obligated to control immigration so as to insure that there is a clear majority of Jews living within its borders: thus the refusal by Israel to accede to the “right of return” for Muslims, not yet admitted into the country. However, those living in Israel must be accorded all the rights as every other citizen, including the right to live wherever they so desire.

There was a time when I reasoned that Muslims are still backward, holding on to their prejudice and intolerance because they haven’t gone through the crucible of a renaissance as we did with the rest of Europe 400 years ago. In addition we have a rich oral tradition accompanying our written law that has promoted the “Socratic method” throughout our history: hence our creativity. Disturbing however, is that our own rabbis in Israel our lagging far, far behind. And even though they have been raised on the oral tradition where creative thinking was encouraged they have not taken advantage of this tradition. As a result they are mired in the same medieval slime that our Muslim cousins are stuck in. The statement of the forty-seven rabbis is another indicator that relying upon halacha as a viable option to govern ( as so many in the religious establishment would like), would be as bad as shariya law is in Muslim countries.

Monday, December 13, 2010

Keys to Gan Eden

This past week the Village Voice (December 8, 2010) published a disturbing article “How Can a Religious Person Justify Being a Slumlord”, by Elizabeth Dwoskin. She interviewed people in Jewish leadership positions in an attempt to understand the apparent oxymoron: how can one profess to be religious and yet operate slum properties. These were interviews in futility because those in the ”know” either didn’t “know” or they weren’t totally forthcoming. What I found more upsetting was the entire subject of inquiry. Why would the Village Voice find this any more of a fascination than the cutthroat pricing of the 7-11’s run by Indians? For that matter why not run an article on Muslim owned grocery stores in black neighborhoods charging usurious prices. If the Village Voice was concerned with the nature of Jewish religious practice vis a vis its affinity to shady business the thrust of the article should have been: why is it that Ultra Orthodox Jews tend to drift into shady business dealings?

There have been much worse violations of the law by the ultra orthodox community than operating slum properties. Truth be told and while not defending these slum operating, so-called “religious Jews” I can imagine that they are caught between a rock and a hard place. Tenants in New York can do no wrong in the eyes of the law and if they do, it is virtually impossible to evict them from an apartment. Paying rent is almost unheard of in many of these apartment buildings. Judges aren’t wont to evict them, especially if children are involved, the elderly or winter. Yet, the municipal government expects the owner to keep the building in prime condition well heated in the winter even when rents haven’t been paid in months and where windows are left open in the winter. Tenants know how to work the system. If something is remiss they hotline the appropriate agency even though they are sorely delinquent in paying rent and the owner is cited with a building code violation. So the Village Voice article really isn’t balanced nor is its basic premise correct if based upon the inner workings of inner city slum properties. So the real question remains as stated earlier: why is it that Ultra Orthodox Jews tend to drift into shady business dealings?

There are physicians from the ultra orthodox community who while practicing their craft have the compulsive need to defraud the Medicare system. There are those like Rubashkin who rather than run a legal, profitable business break the laws for purposes of enrichment. And of course there are many ultra orthodox Jews who are in the Nursing Care business who have been under investigation for Medicare/Medicaid fraud. There are ultra orthodox Jews who have violated the trust off their own communities by disguising non kosher meats as kosher knowing full well that the products they were selling were non kosher. There are roshei yeshivot who have scammed the government out of money by inflating student census.

What all the above have in common is a fundamental disregard of the law (civil) by the ultra orthodox community whenever and wherever possible. Violation of trust doesn’t seem to be a moral issue within the community and the question is why. Many of the ultra orthodox Jews are not necessarily religious by commonly held societal definitions. The average Jew would be considered religious if he practiced mitzvoth ben adam lamakom (between man and god; ritual) and mitzvot bein adam lechavero (between man and man; civil). A Jew who dons a black hat and wears a beard is automatically assumed to be this kind of Jew, minimally. That of course is wrong. Just because someone wears a kapote or wraps a gartel around his waste at prayers doesn’t make him religious, nor does a woman wearing a sheitel make her religious as the Heidi-Mendy appearance in People’s Court will attest. What it states is that they are meticulous and sometimes compulsive about ritual.

Appearances are very important in this community because it is the community that provides emotional, social and financial support of its members from the cradle to the grave. Being in good standing with the community will determine whom you marry and whom your children marry. They can be the least scrupulous outside their community because at the core they really aren’t religious, but they must give the appearance if they want to reap the benefits of their community.

Community and belonging is the lifeline to this segment of the Jewish community. Being rejected is like being ejected from the Garden of Eden. Belonging is everything. The toddler is raised on the myths, folklore and history of the Jewish people as well as that of the micro community one’s ancestry came from. Everything else is outside their interest, purview and experience. Their schools and yeshivot reinforce those sentiments, as does the rigid life at home, resulting in the phenomenon of being alienated from the world outside the ghetto. To this community, the “other” is an outsider. That is why the Bet Din of Crown Heights ordered its Lubavitch followers not to talk to outsiders about crime: “no one shall bring to any media…information…that would lead to an investigation…by a law enforcement agency….” To the ultra orthodox, they are not only the outsiders, but the ultra orthodox are the chosen to the exclusion of everyone else. To many of this community the gentile was created to serve them and to help them fulfill god’s law, even if it as the expense of the gentile! In this sense they aren’t operating with the same value system that everyone else is.

Perhaps this was the rational for Heidi and Mendy, described as frum people trying to rob a poor dry cleaner appearing in People’s Court for allegedly ruining her $3000.00 sheitel. To them being religious is to punctiliously follow ritual. Ritual is sort of like a formula. There doesn’t have to be rhyme or reason; you just have to do what is commanded to do by force of divine history and ancestry. In their perverse idea of religion you don’t have to be honest, you have to follow the magic formula. One can even cheat the gentile system since they (gentile) were created to serve the Jews. Performance of the formula is your guarantee for reaping rewards. Rabbi Shmuly Yanklowitz, president of Uri L’ Tzedek (and who was quoted in the Village Voice article cited above) commented on the “Sheitl” scandal by commenting that it was a chilul hashem because the story was broadcast on national television. His reaction leads one to speculate that if it hadn’t been broadcast on national television it may have been swept under the carpet. However to Rabbi Yanklowitz’s credit he does question the values taught in yeshivot whereby mitzvot ben adam lamakom (between man and god; ritual) are emphasized and fails to internalize the mitzvoth ben adam lechavero (between man and man; civil): “Our kehilla has a serious problem…we can all be better about how we treat non-Jews in business…But even further we must watch every move we make. If we are given an extra coin at the register, as frum Jews we must return it. In business we must act honestly in all cases….If we don’t clean up our act, our kehilla is going to continue to be a source of …embarrassment… and chillul hashem.” His statement leaves one to conjecture if the motivation for treating people honestly is for altruistic or ulterior motives.

In western faith religions, the whole point of being religious is to be closer to God, to have a relationship with Him. This of course is predicated on respecting His creations. Dishonoring man is to dishonor God. To do so would indicate a disconnect between the so-called religious person and his behavior. There is no dissonance in the ultra orthodox community because their understanding of religion is different. Important to them are the rituals; it mechanics and formulae which are the keys to getting back into Gan Eden.

Monday, December 6, 2010

Mashiv Haruach U’Moreed Hageshem

Prayer is one of the most ubiquitous practices we find in society but it is also the most misunderstood and malpracticed. Over the past several months I have followed the attempts of religious practitioners in Israel pray for the much-needed rain in Israel. The drought has been plaguing Israel for the last eight months and this past week, tragic and deadly fires raged in the Carmel, no doubt more damaging and ferocious because of the eight month drought. Religious practitioners have become so frustrated with the lack of results from the conventional prayers of “mashiv haruach u’moreed hageshem” that they have resorted to creative tactics such as interdenominational services with ministers and imams organized by Rabbi Menachem Froman of Tekoa. When that didn’t yield results Rabbis Menashe Malka and Reuven Deri went up on a hot air balloon to deliver prayers, as though God was hard of hearing and approaching the upper atmosphere might get His attention. It also assumed an objectified god, a god of Job proportions scheming alone or with ministering angels “up there” somewhere. When that didn’t work, world Bnei Akiva emissaries in 30 countries inserted into the liturgy a special prayer for rain by the Chief Rabbinate of Israel.

What all these and other attempts have in common is the misconceived notion that God is out there somewhere waiting to be beseeched in order to dole out favors at will. All you have to do is hit on the right formula at the right moment and presto, walla, your prayers will be answered. It is based on the assumption that god in the tradition of Job is the “grand puppeteer” manipulating humans at will for some cosmic satisfaction and it is up to us to beseech God into granting us a reprieve. This approach to God assumes that He isn’t omniscient, otherwise why would we have to ask Him for favors. Surely He knows that there is a drought. It also assumes that God plays favorites. After all there is a decades long drought in Africa and there are on going chronic droughts in parts of Asia as well. Why wouldn’t he help his children there, if the assumption were that if “one asks one gets”. This approach to God, this kind of prayer and its practitioners remind me of the classic medicine man of the North American Indian tribes, who performed a rain dance with special incantations and ritual as intercessors to the spirits in order that it rain.

Jewish prayer is different than that, it ought to be different than that. In its original form, prayer is not asking God for anything; it is not a request. It is as Eliezer Berkovitz wrote, “a cry, an elementary outburst of woe; a spontaneous call in need. It is a call of helplessness to God. So man brings his sorrow before God, knowing perhaps that although God isn’t changing his circumstances he needs the reassurance of His love and that He is near”. This is the essence of prayer. Interpreting the words of David “I pour out my complaint to Him, I declare before Him my trouble” the midrash comments “thus the men of faith declare their troubles before God”. To pour out one’s trouble before God means simply to tell God about one’s troubles; to make God the confidant of one’s sorrow. Man is able to do this because God is felt as being close to him and is the natural and most intimate confidant of man’s soul. Assuming this to be correct, prayer, Berkowitz maintains presents us with a conundrum: asking God for something is in reality self seeking. So whether we ask for wealth or health we are asking for ourselves. “This approach of “give - give” isn’t prayer and hasn’t the quality of prayer unless it comes out of intimacy with God”. If prayer is to have meaning and purpose it ought to be to redirect people, to have them focus not on what God can do for us, but what can we do for each other. The purpose of prayer is to strengthen man, to elevate him and cause him to be elevated, whereby man can transcend his current predicament and in the process resolve the issue.

Droughts have been one of the plagues of mankind since time immemorial. It is among the earliest documented climatic events, present in the Gilgamesh story and tied to the biblical story of Joseph's arrival in and the later Exodus from Ancient Egypt. Hunter-gatherer migrations in 9,500 BC Chile have been linked to the phenomenon, as has the exodus of early man out of Africa, and into the rest of the world around 135,000 years ago. Praying to God as the rainmakers of the North American tribes is really no different than a rabbi praying in an air balloon. What makes the rabbi think that his prayers will be more effective than the rainmaker? They can be if he uses prayer, not for beseeching, but for strengthening his resolve for solving the problem, not by fighting nature but understanding nature and working with nature. Israel is no more exempt from natural catastrophes than any other nation. Flooding, tsunamis, hurricanes are all the bane of humanity as is drought. They all wreak terrible damage to people and property, but standing there and praying won’t change anything.

Jews have been chanting “mashiv haruach u’moreed hageshem” for a very long time. Has it solved the problem? Drought is an incessant problem, not only for Israel, but also for countries throughout the world. So beseeching God for yet another favor doesn’t seem to work. I believe it was Einstein who commented that if you have made the same mistake a hundred times why would you think that by doing it one more time it would work? That’s not to say that one shouldn’t pray. It does mean however that prayer for it to be meaningful will have to be transformative to he who prays.

Transformative means that man understands drought in different terms than he did prior to transformation. In a post transformative mentality he understands that he has to conform his culture and its needs to his climate; what may work for other countries may not work for Israel. It may mean that while private houses with a garden is beautiful in climates that have little shortage of water, it may mean that in Israel private houses ought to be discouraged, as well as gardens and car washes. It may mean that hotels develop better, less wasteful ways to serve their guests. It may mean that technology devote more assets to developing a waterless society; i.e. waterless washing machines. There is no end to the possibilities to what a society can do when it is in a transformative mode, and here prayer can help.

Unfortunately, Israel today is in a gordian knot mercilessly applied by the Chief Rabbinate who themselves are drowning in the minutiae of rabbinic ritual and medieval custom having little meaning or relevance to the people whom they serve. In this environment it seems difficult to imagine a transformative culture that would make Israel soar to new heights.

Monday, November 29, 2010

Clear Thinking Jews

Probably by this time everyone has seen the viral YouTube “Yeshiva Guy Says Over a Vort” in which the haredi “right” is being taken to task by the orthodox “left” by citing the Talmud Yuma (28b) as well as taking a pot shot at Rabbi Elyashiv. This YouTube making the case for the religious “right” at the expense of clear thinking and rational people brings to mind the fantastic midrash of Yeshivat Shem V’ever. According to midrashic sources this was a yeshiva established by Noach’s son and grandson Shem and Ever. Some sources have it being established in Tzfat, others in Ber Sheva. The story alleges that all the Avot studied there, something akin to American dynastic families studying at Harvard or one of the other Ivy League Universities. Surprisingly these sources are disappointingly sketchy about what Avraham and Isaac studied there, but gratefully more detailed regarding Jacob who studied there from the age of 63 for 14 years (Accordingly he was 77 when he finally got to Lavan’s ranch, then had to work 14 more years before marrying Rachel). Imagine that. According to the Midrash he knew he was going to Lavan’s house so he needed to fortify himself with special torah that would serve as a prophylactic to Lavan’s bad influences. Hard to fathom, but that’s what our sages would have us believe. Reviewing the midrashic sources on Yeshiva Shem V’ever one has to wander what the curriculum was like. What texts did they study? How did they manage to get the copies of the texts and in what format were they made available to the “bochrim”? Were there lectures or was it autodidactic? How long was the day of study? What did they eat and were there stipends? How much was tuition and were scholarships provided to all or just the needy. How many students studied there?

This midrash came to mind when I viewed the YouTube in which the protagonist challenges the “ben torah” with some very logical questions: If Jacob knew the whole torah then he shouldn’t have been upset when Joseph was sold to the caravan, because he knew the end before it unfolded? What’s more amazing then this sophisticated YouTube is the defensive posturing from the frum community. Their response is as phantasmagoric as the story of Yeshiva Shem V’ever. In actuality they can’t really mount a coherent defense against the thesis position of the YouTube. Attempting to do so is a failed attempt at weaving a web of obfuscation. One example of this is justifying Jacob’s marriage to two sisters (by dismissing the accusations) due to their conversion prior to the marriages. Utterly silly but should one inquire as to the nature of the conversion? Was it “kosher” according to all the sages or would there have been some reservations by some on the very far right. No clear thinking Jew can support this kind of approach to Torah or to our tradition.

Then there are others who because they consider themselves more enlightened and don’t understand these midrashim literally, but allegorically, sort of a means by which appoint has to be made. So the midrash might weave an incredibly outlandish story with the intention that a lesson is to be learned from it. There are many sages who held this position but somehow became muddled when they got into the details. For example how was it possible that the Avot observed all the commandments? These rationalists would say, perhaps not all the commandments were observed by the Avot but certainly all of the ethical commandments were? Really? And how did they know what the ethical commandments were? And did they observe only d’oreisah or also d’rabanan? Other “clear headed” sages suggest that the Avot observed the commandments only when in Israel. Not withstanding the issue of borders, they introduced an incredible and revolutionary position that the commandments were only given for use in Israel. Does that apply today too?

Clearly, this YouTube hit a raw nerve. Rather than reevaluate with some serious study some of their positions, the right wing assumed the following position:
“The overwhelming majority of Torah authorities, however, clearly and completely hold the maximalist position and this is the general position that should be taught in Torah institutions. When one is involved in kiruv or deals with people who have been raised in secular environments, it is the opinion of this author that all three positions should be presented.”
In other words perpetuate the absurd and obfuscate the truth by citing different positions of the sages: maximalist position, minimalist positions and midlevel positions. All of course cannot and do not address the concerns of clear thinking Jews. Beyond trying to sell a muddled message and vision to the clear thinking, when under attack they do what they know best: circle the wagons with more fences and double talk.

Monday, November 22, 2010

Jeremiah’s Comeback

Ein chadash tachat hashemesh – there is nothing new under the sun. A powerful statement made in Ecclesiastes and probably true. True also is that lifestyles, trends, ideas and politics run in cycles, often times with different names but conceptually similar. For example, socialism isn’t a late 19th century political innovation, but has been around for hundreds of years under different names, and with variation. Ditto for communism. Messianic trends have had its moments when it was massively popular and at other times denounced by the dominant spiritual leaders. Substantive political theoreticians and social scientists no longer popular or appreciated tend to come back for a second reading a generation or two later. Political leaders not so popular when in office sometimes gain newfound respect and appreciation once history has been able to reassess their contribution. It would appear that having been in disregard, our prophets too, are being reconsidered and possibly reevaluated as valuable assets to our culture.

Jeremiah once an outcast, reviled and banned from the Temple for his depressingly doomsday message is being revisited and reassessed as a prophet with a valid timeless message. Jeremiah, the prophet of deep irreversible doom is slowly coming back into vogue having been ignored by the intellectual / Zionist community ever since Israel gained its independence. This is fascinating in light of the fact that so many young people today in Israel and abroad have little or no knowledge of the prophet and the historical/social setting in which Jeremiah prophesied. And it isn’t only the assimilated Jewish youth or the modern orthodox. It is the proverbial yeshiva bachur whether haredi or orthodox who rarely read or study prophets unless it is the selected Shabbat haftarah. Even then it isn’t certain that the text will be studied.

For decades Israelis shied away from highlighting Jeremiah because of his extreme positions regarding the fate of the Israelis prior to and at the time of the exile after the destruction of the first Temple. He believed that the people had gone beyond the point of “return” due to the total erosion of their moral fiber. Worse than that, he believed that the Jews needed to adjust to life in Babylonia because it was the will of God and that they weren’t returning to Israel. Since Babylonia was their new home, it made sense that they integrate themselves thoroughly. Jeremiah had no coherent vision for a return. Pretty extreme!!

Nineteenth century Zionists deeply resented Jeremiah for this harsh prophetic vision since it competed with their own vision of a people reclaiming and returning to their ancestral home. They preferred more uplifting prophets like Isaiah because of his optimistic prophecy that we will ultimately be vindicated and return to Israel. Thus, the Israeli curriculum barely references Jeremiah while giving much time and attention to Isaiah.

Perhaps the message that most attracts Israeli’s today and alienated them two thousand years ago was Jeremiah’s “Temple Sermon” where he attempted to appeal to the moral conscience of the people, placing it on equal footing with religious / ritual cult practice. Then, two thousand years ago, the kingdom was content with religious obeisance minus the social consciousness, not caring if people were starving in the streets. Today however, social consciousness or tikun olam has become the fashion, the rage among those wishing to express themselves Jewishly minus the religious / ritual observance.

Today in Israel as well as in many Diaspora communities, soup kitchens and safe houses are the new constructs and de rigueur of Jewish fulfillment as expressed by our prophets and epitomized by Jeremiah. The majority of American Jews, considered liberals (or progressives) seem to think that if we create universal health coverage on the backs of the taxpayers we will fulfill in some part the so called mitzvah of tikun olam. They mistakenly believe that if there is a redistribution of the wealth of the country and individuals we will approximate the vision of Jeremiah. Unfortunately these well-meaning progressives have corrupted the intent and meaning of tikun olam. An alternative to that vision ought to be “tough love” which is probably more in line with the intention of biblical Judaism (i.e. eved ivri)

Coddling was never a value in our system. A safety net provided for those in dire need, wasn’t regarded as entitlement nor intended as a permanent solution to economic/social problems. Our rabbis taught us that it was incumbent on every father to teach not only Torah but also a trade to their sons. Axiomatic of that was Maimonides hierarchy of charity; the highest being providing the opportunity to the recipient to receive an opportunity at a trade or business to assure a livelihood rather than money or goods.

Perhaps its time that those who want to see change in the social fabric of society abandon their corrupted understanding of tikun olam which encourages neediness, and adopt the saner approach of tough love. Coddling creates more dependency. The goal should be to wean people off of the dole, primarily the healthy and the young who ought to get off their duffs and find a job (I am not suggesting that the aged, physically and mentally infirm should rot in the streets). And yes, there are plenty of jobs – all the jobs that the illegal aliens take (as dish washers, buss boys and gardeners) that our inner city youth believe is beneath them. If tikun olam as understood by the yefe nefesh was the message of Jeremiah instead of tough love, than his vision may do us more harm than good; perhaps we’d be better off keeping his message relegated to the past rather that resurrecting him.

Monday, November 8, 2010

A Jew Is A Jew

Netanyahu’s gambit to advance the oath of loyalty has pundits divided into two groups: those that question the democratic veracity of such an oath and those that dredge up the question and meaning of Mi Who Yehudi (who is a Jew). This latter, thorny question should have been taken up and resolved in 1948 when the Jewish Agency leadership under Ben Gurion declared the formation and independence of the Jewish State, the Medinah Yehudit. Then, many other issues were tabled for more pressing issues, such as survival and the in gathering of refugees from the “camps”, and the aliyot from Arab countries. The question has been festering since the Brother Daniel case in the late 1950’s coming to a head in 1962, when the Supreme Court ruled in favor of the State. The Supreme Courts decision however didn’t resolve the issue of “who is a Jew”. More recently the issue has percolated to the Israeli and Diaspora Jewish consciousness when the issue of conversion of Russian and Ethiopians became a hot button issue. Naturally, American reform and conservative Judaism have an interest that conversions made by the respective denominations ought to be recognized. Most Israelis would prefer a loosening up of the requirements for conversion as well.

The issue of conversion in Israel unfortunately is held hostage by the medievalists; rabbis who are committed to a halachic system, which for all practical purposes ceased developing in the medieval period. Interestingly, Maimonides who saw beyond the limited scope of the medievalists believed that a declaration of faith in the presence of a Beit Din, coupled with a general understanding their responsibility as Jews was enough for conversion. For Maimonides, the conversion of Ruth was certainly the test case and precedent for the declaration of faith being a sufficient qualifier fro conversion. The medievalists running and ruining Judaism in Israel have sought to bury conversion within a cocoon of halachic and meaningless mumbo jumbo that literally ties and confines any candidates into a knots so cumbersome that it is virtually impossible to convert.

Over the years Israel has witnessed tragic and heartbreaking stories of soldiers who have given their lives for the state only to be buried outside the confines of the Jewish cemeteries. For whom did they give their lives if not for the medina yehudit? Was not their supreme and ultimate sacrifice not as committed as Ruth’s? And what of all those converts who genuinely live Jewish lives but are informed by the rabbinate that their children cannot marry other Jews because their conversions were never true conversions, since they were performed by rabbis not on the select list of rabbis. So when the Netanyahu government wishes to assert the loyalty oath does not the state first have to define who is a Jew before applying this litmus test? Otherwise, what value has an oath where the very words have little or no meaning?

The fiasco of defining who we are hit home recently with a ruling by the interior ministry that denied Monique Martinek, a Swiss citizen, the status of an olah. Two years ago, Monique found out that her paternal grandmother, a Jew was killed by the Nazis. Prior to receiving this information she had no idea of her Jewish origins. Monique was able to document that her grandmother as well as her great grandmother were Jewish. However the courts ruled that halachically she didn’t qualify, because there was reference to the fact that the grandmother practiced Catholicism. Many Jews in order to survive the war assumed a Christian identity, that didn’t make them converts. Certainly, the Nazis understood that; they killed her because she was Jewish. She was Jewish enough to be murdered but not quite Jewish enough to pass on her legacy to her progeny! The medievalists, by ossifying Judaism by the layering of stringent halacha over the our peoplehood have practically eradicated the beauty and message that our ancestors intended too pass down to us. I would encourage Bibi that before he creates a tempest by insisting on this oath, they first define what and who is a Jew.

Monday, November 1, 2010

Gay Marriage

Ever since Shimshon Raphaeal Hirsch, orthodox Judaism has tried to reconcile itself with the intellectual / secular universe running parallel to halachic Judaism. Hirsch, in the mid 19th century founded Torah Im Dersch Eretz (also referred to as neo-orthodox), believed that Jewish values will best be advanced when partnered with worldly involvement. Where Hirsch built his system in 19th century Germany, Joseph B. Soloveitchik, extended the Hirsch model to the American shores in the mid 20th century. Known as modern orthodoxy (instead of neo-orthodoxy), its axes was Torah Umadah, an exponent of Torah Im Derech Eretz of Hirsch. Even though Soloveitchik’s system had successes in the mid 20th century it began to fray at the edges by the last two decades of the 20th century and crumbling by the beginning of the 21st century. In retrospect one can see that this was destined to happen because inherent in his system is a deeply flawed theory that assumes that the halachic man can intersect with the man of reason while not compromising his religious integrity. Haredi Judaism, a resounding rejection of modern orthodoxy, exposing the flaws inherent in modern orthodoxy, has seen massive and unprecedented growth while modern orthodoxy has shrunk to a fraction of what its size was only thirty years ago.

Ironically, Shmuley Boteach, a former haredi and now closer to a modern orthodox profile has demonstrated the problem with modern orthodoxy when tackling the problem of the status of gays in the orhtodox Jewish community.


Boteach is quite clever in his approach and exploits the same tactics as other modern orthodox Jews seeking acceptance of gays, in his article No Holds Barred: The Jewish View of Homosexuality (Jerusalem Post, October 19, 2010). Steve Greenberg does it in his book Wrestling With God and Men but it doesn't pass the litmus test within the orthodox community. In fact, there are many within the orthodox community that takes exception with Greenberg being referred to as an orthodox rabbi or even orthodox. Boteach compares homosexuality to other abominations referred to in the bible such as eating non kosher foods or bringing a blemished sacrifice on the Temple altar is an abomination. He also references Proverbs that uses the term abomination when referring to envy, lying and gossip. Homosexuality within the biblical context however can’t be equated to envy, lying or eating non kosher food.

He then goes on to argue the differences between moral and religious sin:

“A moral sin involves injury to an innocent party. But who is being harmed when two, unattached, consenting adults are in a relationship? Rather, homosexuality is akin to the prohibition of lighting fire on the Sabbath or eating bread during Passover. There is nothing immoral about it, but it violates divine will”.

Homosexuality, according to the "orthodox ethos" is not akin to lighting fire on Shabbat or eating bread on Passover, as Boteach would have you believe but a cardinal sin. This is verified by the near universal agreement amongst the orthodox rabbinate, poskim, and rabbinic organizations.

Truth be told, Boteach shares the ethos of the sages as reflected in halachic texts and glosses, otherwise why would he be against marriage between two gays seeking to establish a Jewish home. To dismiss it because he doesn't wish to redefine marriage is a poor excuse. If he was so committed to his position he could surely find the ways and means to redefine marriage so as to be inclusive of the gay community.

Boteach, true to form isn't interested in controversy to the point of alienating his audience because that would run contrary to his never ending quest of seeking the love of the masses.