Min haMuvhar

Thoughts for Yom Kippur

Thoughts for Shabbat Teshuvah and Yom Kippur

by Rabbi Marc D. Angel

Although we popularly refer to the upcoming fast day as Yom Kippur, the Torah calls it Yom haKippurim—the day of atonements (in the plural). The plural form reminds us that there are many roads to atonement. Each person is different and is on a unique spiritual level; each comes with different insights, experiences, memories. The roads to atonement are plural, because no two of us have identical needs.

This season of Teshuvah and Kapparah—repentance and atonement—provides us with a special challenge and opportunity. We are granted a yearly period of time for intense evaluation of our lives. This period should serve as a springboard to deeper understanding and personal growth.

The first step in the process of spiritual renewal is to become humbly aware of our frailties. No matter how successful we think we are, we are mortal! We have limited physical capacities and a limited time of life on this earth. Aside from our physical limitations, we have moral and religious shortcomings that must be confronted. The Spanish thinker, Ortega y Gasset, suggested that a person grows only after confronting deep existential crisis. “These are the only genuine ideas; the ideas of the shipwrecked. All the rest is rhetoric, posturing, farce. He who does not really feel himself lost, is without remission; that is to say, he never finds himself, never comes up against his own reality.” The first goal of this season is to feel “shipwrecked.”

But when we do “come up against our own reality” we often reach a point of perplexity. How are we to make ultimate sense of our lives? How are we to understand the vagaries of human existence—disease, wars, injustice? How are we to deal with all the social and professional pressures? How can we cope with problems in our families and communities? How can we advance beyond the quagmire of fear and self-doubt?

The famous Hassidic Rabbi Menachem Mendel of Kotzk once asked: Where is God? And he answered: Where ever a human being lets Him in! If we want to feel the presence of God, we need to open ourselves to that experience. The season of Teshuvah and Yom haKippurim is a time to restore our relationship with the Almighty, to express our perplexities. This genuine experience of relationship with God gives us the inner strength to cope with our problems and perplexities.

A further step in the process of Teshuvah and Kapparah is balancing the feelings of alienation and belonging. We say to the Almighty: “ki ger anokhi imakh; toshav kekhol avotai,” I am a stranger with You, a sojourner as were all of my ancestors. What does this mean? I feel as though I am a stranger, alienated from God; there are barriers between me and You. But I want to be a sojourner, a permanent resident in Your presence, not a stranger or a passing visitor. I want to come home to the teachings and traditions of my ancestors who have maintained faith and courage for the past 3500 years.

A parable: A person tries to cut down a tree with a dull edged saw. He works very hard but makes little progress. A passerby sees this and asks: why don’t you sharpen the saw? The person responds: I don’t have time, I can’t stop working, I need to cut down this tree. The passerby says: But if you would stop working for a few minutes to sharpen the saw, you would actually save time and effort, and you would better be able to accomplish your goal! The person replies: No, I don’t have time to stop working, I must keep sawing.
Without the proper tools, we exert great energy but achieve inadequate results.

In spiritual life, too, we need proper tools. If we work with old habits, with stubborn attachment to stale and futile patterns, we will not grow. We need to think more clearly about our goals and how we can best attain them. Yom haKippurim provides a day when we take off from our usual routine. It is an entirely different kind of day from any other day of the year. It is a time to sharpen ourselves spiritually; to humbly face our limitations; to cope with our perplexities; to seek atonement and purification, to return to our spiritual core.

The season of Teshuvah and Kapparah provides us with a unique spiritual opportunity. Happy are they who can experience this season with an acute mind and alert spirit.

 

Conference of Sephardic Rabbis

A remarkable conference of Sephardic rabbis was held in New York City on August 17-18, 2026. Approximately 150 rabbis and communal leaders from throughout the United States and six countries gathered to study together, share ideas, establish friendships for future networking.  The program sessions were held at the UJA-Federation building in midtown Manhattan.

The co-chairs were Avi Garson of Habura and Ethan Marcus of the Sephardic Brotherhood of America. These young leaders spearheaded the organization and implementation of this historic conference. Our Institute for Jewish Ideas and Ideals served as one of the co-sponsors of the event.

The Monday night program, open to the public, was held at Congregation Shearith Israel and featured the keynote address by Rabbi Marc D. Angel.  His address was followed by dinner and a concert of Sephardic hazzanim.

Rabbi Angel's address focused on what Sephardic life might look like in 50 or 100 years, in Israel and the Diaspora. Will "ethnicity" matter in the future, when so many Sephardim and Ashkenazim are marrying each other and when traditions will inevitably evolve? What are the qualities of Sephardic civilization that will be relevant to future generations, whatever their particular ethnic backgrounds may be. We hope to post a video of the address on our Institute's YouTube channel in the near future. Below are excerpts from Rabbi Angel's address.

People speak of preserving the Sephardic Heritage. I do not agree. You preserve fish, you preserve fruit, you preserve things that are dead. Something alive grows and evolves. We don't want to "preserve" a Sephardic Heritage; we want it to live; we want to draw on our past and bring it to life in new ways, to breath wisdom and spirituality that can continue to fill our lives and inspire our future generations.

 
The Spanish and Portuguese Synagogue of New York traces itself back to 1654, the oldest Jewish congregation in North America. People admire our history, as do I.  But when I look at our synagogue I don't only see the past   I see a taste of the future of the Jewish People. We thrive as a synagogue in the Western Sephardic tradition, a tradition of formality, elegance, supreme  reverence for God...but we are not an "ethnic" congregation. When I served as rabbi (1969--2007) at least half of our congregation was composed of Ashkenazim. And most of the Sephardim were themselves either married to Ashkenazim or their children were married to Ashkenazim. In other words, our congregation flourished as a Sephardic congregation because it attracted those of various backgrounds who found the Western Sephardic traditions to be spiritually compelling to them.  In three or four generations from now, there will be very few--if any--purely "ethnic" congregations. Rather, Jews of many backgrounds will be found within the Sephardic orbit. What will draw them to the Sephardic traditions? What are basic ingredients in Sephardic civilization that are relevant and meaningful to all thinking Jews, regardless of ethnicity. Actually, we have a lot of powerful traditions--intellectual, cultural, synagogal--that will attract a great many people. I like to speak of "Sephardism"--Sephardic civilization beyond ethnicity.
 

Senators, Shandas and Stoopers

Senators, Shandas and Stoopers

By Rabbi Marc D. Angel

(Rabbi Angel is Director of the Institute for Jewish Ideas and Ideals and Rabbi Emeritus of the historic Spanish and Portuguese Synagogue of New York City. This opinion piece appeared in the Jewish Journal of Los Angeles, August 11, 2026.)

Imagine a candidate for public office who is an outspoken member of the Ku Kux Klan, who preaches hatred of Blacks, who calls on America to penalize Black African countries economically, militarily and politically. Do you think Black politicians would endorse such a racist? Do you think they would welcome this person into a “big tent” coalition of “progressives?”

Of course not.

Black leaders would have the courage and self-respect to repudiate racism; they would refuse to endorse or coddle up to haters. They would make public statements calling on the American public to renounce racism of all kinds, not to allow racist poison into the American political system. Bravo Black leaders!

But now imagine a candidate for public office who is an outspoken antisemite who preaches hatred of Jews and the Jewish State of Israel, who calls on America to withhold all support of Israel – financial, political, military. Imagine this hateful candidate praising or condoning terrorism against Israelis/Jews. Do you think Jewish politicians would endorse such an antisemite? Do you think they would welcome this person into a “big tent” coalition of “progressives?”

We would think that Jewish leaders – like Black leaders – would stand up mightily against the haters. We would think that they would use every forum to call for a civil society that strenuously rejects racism, antisemitism, and bigotry of all kinds.

Shockingly, though, some Jewish politicians actually endorse and kiss up to blatant antisemites who openly despise Jews and the Jewish State. Isn’t it a “shanda” that a senator of Jewish ancestry is one of the most vocal critics of Israel and has sponsored legislation that would seriously endanger Israel’s security? Another Jewish senator is a “stooper” who bows down to antisemites for the sake of his party’s “big tent.” Such “leaders” not only betray the Jewish People, but they betray the very values upon which American democracy is based. Although they may pay lip service to the notion that “hatred has no place in America,” they condone, encourage and endorse hatred.

How wonderful it would be if instead of shandas and stoopers, we had courageous leaders who refused to be part of any “big tent” that included antisemites, racists and those who would slander and undermine the state of Israel. Wouldn’t it be heartening to have Jewish profiles in courage instead of defilers of courage?

When the Jews of the ancient Persian Empire were threatened with extinction, Mordecai sent a message to Esther, the Jewish Queen of Ahasuerus. He asked Esther to intervene on behalf of the Jews but Esther was reluctant. Mordecai told Esther: “Do not think in your heart that you will escape in the king’s house any more than all the other Jews. For if you remain silent at this time then relief and deliverance will arise for the Jews from elsewhere; but you and your father’s house will perish; and who knows whether you are in the royal estate for such a time as this?” (Esther 4:13-14).

Mordecai’s advice was relevant to Esther … and to Jewish leaders of all generations, including our own. When the Jewish People face peril, unflinching courage is required. Those in positions of power have the unique opportunity to defend the honor and safety of the Jewish People.  They must come to understand that antisemitism is also aimed at those Jews who act against the interests of the Jewish People and the Jewish State. If they remain silent at this time, deliverance will arise for the Jews from elsewhere. And the Jewish shandas and stoopers will go down in perfidy.

It doesn’t have to be this way. The shandas and stoopers might see the light and rise to their historic challenge.

 

Authority and Dissent: A Discussion of Boundaries

 

 

           Diversity of opinion is a reality well recognized in Jewish tradition. The Talmud (Berakhot 58a) records the ruling that one is required to make a blessing upon seeing a huge crowd of Jews, praising God who is hakham haRazim, who understands the root and inner thoughts of each individual.  "Their thoughts are not alike, and their appearance is not alike." Just as no two faces are exactly the same, so no two people think exactly the same. God created each individual to be unique; He expected and wanted diversity of thought.[1]

 

The recognition that each person thinks differently leads to a respect for the right of a person to express his or her opinion. This notion is dramatically underscored in the laws relating to a zaken mamre, a rebellious elder. The elder (rabbinic scholar) is not deemed guilty for teaching opinions contrary to the rulings of the Great Court; he is only punishable if he instructs people to defy those rulings.[2] It is also reflected in the talmudic practice of recording minority opinions, even though the law follows the consensus of the majority.[3] Even rejected opinions are entitled to respect.

 

Yet, although Judaism respects diversity of opinion and allows considerable freedom of expression, it also sets some boundaries beyond which a person may not trespass. One may not believe in the divinity of idols. One must believe that the Torah is from Heaven. Indeed, Maimonides listed 13 principles of faith that a Jew must accept. If not, one forfeits a portion in the world to come.[4] We are not free to follow our intellect if it leads us to incorrect beliefs. Our intellectual freedom, thus, is limited by the authoritative beliefs taught by the Torah and our sages.

 

Within the boundaries of normative Judaism, dissent is respected and even encouraged. But beyond those boundaries, dissent is not tolerated. Intellectual freedom gives way to the authority of tradition. A problem arises: What exactly are the boundaries established by tradition? A variety of attempts have been made over the centuries to establish the principles of Judaism from which one may not dissent.[5] There are certain tenets of faith that may not be denied.

 

Yet, within the framework of Jewish law and thought, there is considerable room for responsible differences of opinion. When the right to express responsible opinions is negated, Judaism suffers. In a fascinating responsum, Rabbi Naftali Tsevi Yehudah Berlin—the Netsiv—reminded his readers that during the time of the Second Temple, the Jewish people was divided between the Perushim and Tsedukim. Competition between the groups was intense. The situation became so bad that Perushim branded as a Tseduki anyone who deviated even slightly from prevailing practice. To dissent from the predominant opinion led to one's being ostracized. The Netsiv applied the lesson to his own time:

 

 

It is not difficult to imagine reaching this situation in our time, Heaven forbid, that if one of the faithful thinks that a certain person does not follow his way in the service of God, then he will judge him as a heretic. He will distance himself from him. People will pursue one another with seeming justification (beHeter dimyon), Heaven forbid, and the people of God will be destroyed, Heaven forfend.[6]

 

 

The Netsiv was concerned that self-righteous individuals were attempting to suppress the opinions of others. In the name of Torah, they sought to discredit others—even branding them as heretics. Yet, Jewish tradition respects the right and responsibility of individuals to express opinions that are fully based on proper Torah authority—even when those opinions differ from those popularly held. Rabbi Yehiel Michel Epstein, author of the Arukh haShulhan, noted that differences of opinion among our sages constitute the glory of the Torah. "The entire Torah is called a song (shirah), and the glory of a song is when the voices differ one from the other. This is the essence of its pleasantness."[7]

 

II

 

The boundaries of dissent and authority are not always obvious. Let us consider several specific issues, one in the realm of halakha and one in the realm of aggada. The Shulhan Arukh rules (Yoreh Deah 242:2, 3) that one who dissents (holek) from his rabbi is as one who dissents from the Shekhinah. The holek al rabbo is defined as one who establishes his own yeshiva and sets himself up as teacher without getting his rabbi's permission. The Rama adds: "but it is permissible for him to dissent from (his rabbi's) ruling or teaching if he has proofs and arguments to uphold his opinion that the law is according to him (rather than his rabbi)."

 

This halakha deals with the balance between authority and dissent. On the one hand, a student must respect the authority of his teacher and not try to establish himself as an authority on his own. This would undermine the status of his teacher. On the other hand, if the student has strong proofs to support a halakhic ruling against his teacher, he may disagree with him. Rabbi Hayyim Yosef David Azulai, in his Birkei Yosef, cited the opinion of the Radhaz that a student may disagree with a ruling of his teacher but should not publicize the disagreement nor write a contrary pesak for distribution.[8] The students of each generation had disagreements with their teachers, and did present their proofs and refutations to them. To be sure, students are obligated to present their cases respectfully and reverentially. Their purpose must be to establish the truth, not to aggrandize themselves nor demean their rabbis, Moreover, we are speaking of students who have reached a very high level of Torah learning, and whose opinions deserve serious consideration.

 

Rabbi Hayyim David Halevy has stated:

 

Not only does a judge have the right to rule against his rabbis; he also has an obligation to do so (if he believes their decision to be incorrect, and he has strong proofs to support his own position.) If the decision of those greater than he does not seem right to him, and he is not comfortable following it, and yet he follows that decision (in deference to their authority), then it is almost certain that he has rendered a false judgment (din sheker).[9]

 

Rabbi Yaacov Emden ruled that students should question their rabbis' teachings as best as they can. In this way, truth is clarified.

 

In regard to legal decisions, not only is the student allowed to reveal his opinion and proofs to refute the words of his rabbi, but he is also obligated to do so. He should not remain silent in such a situation in deference to the honor due his rabbi; the honor due to the Torah is greater.[10]

 

 

The issue of dissent from one's rabbis extends back in time to dissension from the rulings of sages of previous generations. Certainly, the earlier sages are granted greater authority than the later sages. Rabbi Yehiel Yaacov Weinberg wrote that proper Torah methodology involves serious analysis of the writings of the aharonim, including evaluation and criticism of their statements. Yet, in matters of pesak we may not dissent from their rulings. In the areas of opinion and explanation, though, we do have the right to offer new insights "because each Jew whose soul was at the revelation at Sinai received his portion in Torah and in novellae of Torah. One should not quibble against this point."[11]

 

Rabbi Hayyim Palachi wrote that "the Torah gave permission to each person to express his opinion according to his understanding. . . . It is not good for a sage to withhold his words out of deference to the sages who preceded him if he finds in their words a clear contradiction. . . ." Moreover, "a sage who wishes to write his proofs against the kings and giants of Torah should not withhold his words nor suppress his prophecy, but should give his analysis as he has been guided by Heaven. [In this situation,] one does not give honor to the rabbi, for this is Torah and I must study it." Rabbi Palachi noted that even though Maimonides certainly wrote with Divine inspiration, nevertheless many great sages of his generation attacked him and criticized his work. There are numerous examples of students refuting their teachers: Rabbi Yehudah Hanasi disagreed with his father; the Rashba disagreed with the Ramban. The Tosafists disagreed often with Rashi. Respect for authority does not mean that one may not hold opposing opinions.[12]

 

Rabbi Moshch Feinstein, in one of his responsa, expressed disagreement with an opinion of Rabbi Shelomo Kluger. In rejecting that opinion, Rabbi Feinstein wrote: "But it is certain that I am right (ha-tsedek iti) and that the words of Rabbi Shelomo Kluger-with all due respect-are nothing (einam kelum). One must love truth more than anything."[13] In another responsum, Rabbi Feinstein replied to a rabbi in Benei Berak, who worried because he sometimes taught opinions contrary to those of the Hazon Ish, who was the rabbi of that vicinity. Rabbi Feinstein pointed out that it was not at all disrespectful for the rabbi to study and quote the words of the Hazon Ish, even if he disagreed with some of them. On the contrary, that is the honor of Torah—to have words taken seriously and evaluated seriously. It could not have occurred to the Hazon Ish that there would never arise rabbis who would disagree with his teachings. Rabbi Feinstein concluded by saying that one is certainly allowed to question and disagree with the sages of our generation, even the greatest sages, as long as one does so respectfully, and with proper halakhic justification.[14]

 

Rabbi Yosef Hayyim of Bagdad, in the introduction to his Rav Pe-alim, stressed the need to be exceedingly respectful of the sages of previous generations. He opposed attacking the opinions of those sages. But it is obvious that even great sages make errors. Yet, when one offers a critique or correction of the words of sages, he should not do so with any sense of personal pride or vanity. He should be humble, aware that even great sages may overlook a source or miss a particular point.[15]

 

From this discussion, we see that responsible and respectful disagreement is a legitimate and necessary aspect of the halakhic system. Views that can be properly substantiated, even if they conflict with views of greater and earlier authorities, deserve to be heard. One cannot properly be called an apikores simply because he holds a position which differs from others. On the contrary, his position should be carefully evaluated. If it is wrong, it should be criticized and rejected. If it is right, it should be accepted in spite of the greatness of authorities who held a different opinion.

 

The boundary of legitimacy is not what one individual or group defines it to be. Rather, one may offer his insights and opinions as long as they do not go beyond universally accepted principles of Jewish faith, and as long as they are properly and correctly substantiated by authoritative sources. The halakhic system depends on intellectual inquiry, receptivity to the positions of others, devotion to truth, humility, respect for authority. It is not appropriate to outlaw responsible and respectful criticism of authorities nor to discredit those who offer properly substantiated opinions, even when those opinions dissent from leading authorities.

 

III

 

The balance between authority and dissent may also be considered in the realm of aggada. One opinion is that all the words of our talmudic (and even later) sages are true and must be upheld. Another position is that the words of our sages must be treated with respect, but that we are not bound to believe that all their aggadic teachings are without error.

 

Does the authority of our sages preclude the possibility of legitimate disagreement with their aggadic teachings? Is someone who questions or rejects some of those teachings an apikores?

 

In the sixth chapter of Pirkei Avot, we are taught that the Torah is acquired in 48 ways. One of them is emunat hakhamim, trust in the sages. Rabbi Yosef Yaavets, one of the rabbis at the time of the expulsion of Jews from Spain, explained that one must not hasten to criticize the words of our sages. If he does not understand or agree with their words, he should attribute the problem to his own intellectual weakness. "He should suspect his own intelligence, not the intelligence of our sages and their words, which were spoken in truth."[16]

 

Following this attitude in the realm of aggada, Rabbi David Ibn Abi Zimra, a younger contemporary of Rabbi Yaavets, taught that the aggada is true and essential, "given from Heaven like the rest of the Oral Torah. And just as the Oral Torah is interpreted with 13 principles, so the aggada is interpreted with 36 principles. And these principles were transmitted to Moses our teacher at Sinai."[17]

 

Rabbi Moshe Hagiz wrote an important essay on emunat hakhamim, in which he argued forcefully against challenging rabbinic authority by questioning the validity of any of the words of our sages. He believed that an attack on rabbinic dicta would ultimately lead to a rejection of rabbinic authority generally. This would undermine religious observance and belief.[18]

 

Rabbi Hayyim Hizkiyahu Medini, in his Sedei Hemed, stated unequivocally: "We must believe in all that is stated in the aggadot of our sages."[19] Rabbi Zvi Hirsch Chajes followed this assumption when explaining that

 

there are several subjects in the Gemara whose meaning cannot be taken in a literal sense, because the text expounded literally would depict God as a corporeal being, and would also at times involve an act of blasphemy. We should, and we are, indeed, in duty-bound to believe that the transmitters of the true Kabbalah, who are known to us as righteous and saintly men and also as accomplished scholars, would not speak merely in an odd manner. We must therefore believe that their words were uttered with an allegorical or mystical sense and that they point to matters of the most elevated significance, far beyond our mental grasp.[20]

 

 

The demand that one must believe all the words of our sages in the aggada came into question in the famous disputation in Barcelona in 1263. Rabbi Moshe ben Nahman, the Ramban, was challenged by his Christian opponent with an aggada that stated that the Messiah was born on the day that the Temple in Jerusalem was destroyed. The Ramban responded: "I do not believe in this aggada at all. . . ." He went on to explain that Jewish religious writings are divided into three traditional categories: Bible, Talmud, and Midrash. "The first we believe entirely. . . ; the second we believe when it explains laws. We have yet a third book which is called Midrash, sermons so to speak . . . ; and this book, if one wishes to believe it he may, and one who does not believe it does not have to. . . . We call it a book of aggada, which is to say discourses, that is to say that it merely consists of stories which people tell one another."[21]

 

This explanation of the Ramban was rejected by those who insisted on maintaining the truth of all the words of our sages. Some argued that the Ramban never meant what he said, that he only said it to deflect the challenge of his opponent. Thc Sedei Hemed wrote that it is forbidden even to think that the Ramban meant what he said. Writing over two centuries after the disputation, Rabbi Yitzhak Abravanel strongly disavowed the statement of the Ramban because "it opens the gates to undermine all rabbinic authority when we consider any of their words as errors or foolishness."[22]

 

The above position assumes that respect for our sages demands that we not dissent from nor find fault in their words. Should we do so, we undermine their authority. If we find some of their aggadic teachings problematic, we should not reject them, but should assume that we have not understood their true meaning.

 

But there is another position, also well rooted in authoritative rabbinic sources. Rabbi Hai Gaon taught that the aggada should not be considered as divinely revealed tradition. The authors of aggada were merely stating their own opinions, and "each one interpreted whatever came to his heart." Therefore, "we do not rely on them (the words of aggada)." Rabbi Hai Gaon maintained that aggadot recorded in the Talmud have more status than those not so recorded—but even these aggadot need not be relied upon.[23] Rabbi Sherira Gaon taught that aggada, Midrash, and homiletical interpretations of biblical verses were in the category of umdena, personal opinion, speculation.[24] Another of the Gaonim, Rabbi Shemuel ben Hofni, stated: "If the words of the ancients contradict reason, we are not obligated to accept them."[25]

 

This position was also expounded by Rabbi Shemuel HaNaggid in his introduction to the Talmud. He wrote that aggada represents the personal opinions and interpretations of our sages. Rabbi Abraham, son of Maimonides, in an important essay concerning aggada, maintained that one may not accept an opinion without first examining it carefully.[26] To accept the truth of a statement simply on the authority of the person who stated it is both against reason and against the method of Torah itself. The Torah forbids us to accept someone's statement based on his status, whether rich or poor, whether prominent or otherwise. Each case must be evaluated by our own reason. Rabbi Abraham stated that this method also applies to the statements of our sages. It is intellectually unsound to accept blindly the teachings of our rabbis in matters of medicine, natural science, astronomy. He noted: "We, and every intelligent and wise person, are obligated to evaluate each idea and each statement, to find the way in which to understand it; to prove the truth and establish that which is worthy of being established, and to annul that which is worthy of being annulled; and to refrain from deciding a law which was not established by one of the two opposing opinions, no matter who the author of the opinion was. We see that our sages themselves said: if it is a halakha (universally accepted legal tradition) we will accept it; but if it is a ruling (based on individual opinion), there is room for discussion."

 

This is not to say that the words of our sages should not be taken seriously. On the contrary, statements of great scholars must be carefully weighed and respected. But they may also be disputed, especially in non-halakhic areas. In his introduction to Perek Helek, Maimonides delineates three groups, each having a different approach to the words of our sages. The majority group, according to Rambam, accepts the words of our sages literally, without imagining any deeper meanings. By taking everything literally—even when the words of the sages violate our sense of reason—they actually disparage our rabbis. Intelligent people who are told that they must accept all the midrashim as being literally true will come to reject rabbinic teaching altogether, since no reasonable person could accept all these teachings in their literal sense. "This group of impoverished understanding—one must pity their foolishness. According to their understanding, they are honoring and elevating our sages; in fact they are lowering them to the end of lowliness. They do not even understand this. By Heaven! This group is dissipating the glory of the Torah and clouding its lights, placing the Torah of God opposite of its intention."

 

Maimonides described the second group as also taking the words of the sages literally. But since so many of the statements of the rabbis are not reasonable if taken literally, this group assumes that the rabbis must not have been so great in the first place. This group dismisses rabbinic teachings as being irrelevant, even silly. Rambam rejected this point of view outright.

 

The third group, which is so small that it hardly deserves to be called a group, recognizes the greatness of our sages and seeks the deeper meanings of their teachings. This group realizes that the sages hid profound wisdom in their statements, and often spoke symbolically or in riddles. When one discovers a rabbinic statement that seems irrational, one should seek its deeper meaning. While Rambam argued forcefully for a profound understanding of aggada and Midrash, he did not argue that all rabbinic statements are of divine origin. Rather, they are worthy of serious study because they represent the thinking of great sages. Presumably, his son Abraham carried his argument further. When one found rabbinic statements to be unreasonable or incorrect—even after much thought and investigation—he was not bound to uphold them.

 

Rabbi Samson Raphael Hirsch echoed the opinion of Maimonides and his son. He wrote that "aggadic sayings do not have Sinaitic origin . . . they reflect the independent view of an individual sage."[27] Rabbi Hirsch went on: "Nor must someone whose opinion differs from that of our sages in a matter of aggada be deemed a heretic, especially as the sages themselves frequently differ. . . ." He rejected the opinion that the authority of aggada is equal to the orally transmitted halakha. Indeed, he thought this was "a dangerous view to present to our pupils and could even lead to heresy."

 

Rabbinic tradition, thus, has two valid approaches to the authority/ dissent issue in the realm of aggada. Rabbi Hayyim David Halevy has written a responsum which offers a balance between the two positions.[28] He noted that there are Midrashim where sages disagree with each other. For example, the Torah records that following the death of Yosef, a new Pharaoh arose over Egypt. Rav interpreted this verse to mean that an actual new Pharaoh arose. Shemuel, though, maintained that it was the same Pharaoh who now made new decrees against the Israelites (Sotah lla). It is impossible for both of these opinions to be objectively correct. Obviously, each offered his interpretation, based on his own understanding of the text.

 

Moreover, there are topics about which the sages spoke, not relating specifically to the Torah and its interpretation-in which they expressed their own opinions. The statements of our rabbis concerning natural science, for example, were not divinely revealed traditions. In fact, our sages admitted that the wise men of the non-Jews had greater knowledge than the Torah sages in some scientific matters (Pesahim 94b). Rabbi Halevy wrote: "If it becomes clear through precise scientific methodology that a specific idea expressed by our sages is not entirely correct, this does not mar their greatness, Heaven forbid, and their greatness as sages of Torah. Their words relating to Torah were stated with the power of the holiness of Torah, with a kind of divine inspiration; but their other words on general topics were stated from the depth of their human wisdom only." In non-halakhic matters, we should recognize that the sages spoke with great wisdom, although not necessarily with divine inspiration. Therefore, there were disputes among them such as the one concerning the new Pharaoh, where it is clear that one side is wrong.

 

While respecting the authority and wisdom of our sages, we also must recognize the possibility that some of their non-halakhic statements and interpretations are incorrect. To say this does not make one an apikores. Great sages, as mentioned above, have themselves taught this opinion and have considered it to be correct and authoritative.

 

It is clear, then, that there is room for dissent and criticism within the halakhic and aggadic systems. This dissent and criticism must be based on great reverence for our sages; on properly substantiated and argued positions; on commitment to the honor and divine origin of Torah. Dissent may not go beyond the universally accepted principles of our faith. But within this boundary, freedom of inquiry, analysis and criticism must be respected-and encouraged.

 

Notes


 


[1] See also Bemidhar Rabba, Pinehas 21:2; Tanhuma. Pinehas 10. An excellent discussion of intellectual freedom in Jewish tradition was written by Menahem Elon in Piskei Din Shel Beit Hamishpat Ha-e!yon Le-Yisrael, Vol. 39, section 2, Jerusalem, 1983, pp. 291–304.

[2] Maimonides, Mishneh Torah, Hilkhot Mamrim.

[3] See Tosefta on Eduyot 1:4 and 1:5; and Eduyot 5:6.

[4] Maimonides, Introduction to Perek Helek; a good discussion of the medieval understanding of principles of faith is by Menachem Kellner, Dogma in Medieval Jewish Thought, Oxford University Press, New York, 1986.

[5] See Kellner's book, ibid.

[6] Meshiv Davar, Warsaw. 5654, no. 44. A contemporary author, the "Dehrocziner Rav," in his Be-er Mosheh, nos. 3 and 6, has written that it is forbidden to study Torah from a rabbi who is a Zionist or who studied at Yeshiva University. For him, the boundaries of faith are quite limited, and exclude a considerable number of pious and righteous scholars. His responsa reflect the problem which the Netsiv described, and are testimony to the spiritual troubles in which Orthodoxy finds itself.

[7] Arukh Ha-Shulhan, introduction Hoshen Mishpat.

[8] Birkei Yosef on Yoreh Deah 242:3.

[9] R. Haim D. Halevy, Asei Lekha Rav, vol. 2, Tel Aviv, 5738, no. 61.

[10] Sefer She-elot Yaavets, Jerusalem, 5731, vol. 1, no. 5.

[11] Seridei Esh, vol. 3, Jerusalem, 5726, introduction.

[12] Hikekei Lev, vol. 1, Salonika, 5600, Orah Hayyim no. 6 and Yoreh Deah no. 42.

[13] Iggrot Moshe, New York, 5719, Orah Hayyim 1:9.

[14] Iggrot Moshe, Brooklyn, 5742, Yoreh Deah 3:88.

[15] Rav Pe-alim, Jerusalem, 5661.

[16] Kol Sifrei Rabbi Yosef Yaavets, vol. 2, Jerusalem, 5694, p. 149.

[17] Responsa of Radbaz, New York, 5727, vol. 4, no. 232.

[18] Mishnat Hakhamim, Brooklyn, 5624, section 23.

[19] Sedei Hemed Hashalem, vol. 1, New York, 5722, p. 192.

[20] The Student's Guide to the Talmud, London, 1952. p. 201. See also his discussion on pp. 208f.

[21] See C. Chavel’s edition of the Vikuah in Kitvei Rabbeinu Moshe ben Nahman, 1963, vol. 1, pp. 306–308.

[22] Yeshuot Meshiho, 1812, p. 9b.

[23] See Otsar Ha-Geonim, ed. B. M. Lewin. Jerusalem, 5692, vol. 4 (Hagigah), pp. 59–60.

[24] Ibid., p. 60.

[25] Ibid., pp. 4–5.

[26] The Ma-amar Odot Derashot Hazal is printed in the introductory section of the EinYaacov.

[27] See Joseph Munk, "Two Letters of Samson Raphael Hirsch, a Translation," L'Eylah, April, 1989, pp. 30–35.

[28] R. Haim D. Halevy, Asei Lekha Rav, Tel Aviv, 5743, vol. 5, no. 49.

Kamtsa, Bar Kamtsa--and our Contemporary Parallels

 

The Talmud records a poignant story relating to the destruction of the Temple in Jerusalem by the Romans in 70 CE. Although historians describe various political, sociological, and military explanations for the Roman war against the Jews, the Talmud—through the story of Kamtsa and Bar Kamtsa—points to a moral/spiritual cause of the destruction:

R. Johanan said: The destruction of Jerusalem came through Kamtsa and Bar Kamtsa in this way. A certain man had a friend Kamtsa and an enemy Bar Kamtsa. He once made a party and said to his servant, Go and bring Kamtsa. The man went and brought Bar Kamtsa. When the man [who gave the party] found him there he said, See, you tell tales about me; what are you doing here? Get out. Said the other: Since I am here, let me stay and I will pay you for whatever I eat and drink. He said, I won't. Then let me give you half the cost of the party. No, said the other. Then let me pay for the whole party. He still said, No, and he took him by the hand and put him out. Said the other, Since the rabbis were sitting there and did not stop him, this shows that they agreed with him. I will go and inform against them to the Government. He went and said to the Emperor, The Jews are rebelling against you. He said, How can I tell? He said to him: Send them an offering and see whether they will offer it [on the altar]. So he sent with him a fine calf. While on the way he [Bar Kamtsa] made a blemish on its upper lip, or as some say on the white of its eye, in a place where we [Jews] count it a blemish but they [the Romans] do not. The rabbis were inclined to offer it in order not to offend the Government. Said R. Zechariah b. Abkulas to them: People will say that blemished animals are offered on the altar. They then proposed to kill Bar Kamtsa so that he should not go and inform against them, but R. Zechariah b. Abkulas said to them, Is one who makes a blemish on consecrated animals to be put to death? R. Johanan thereupon remarked: Through the scrupulousness of R. Zechariah b. Abkulas our House has been destroyed, our Temple burnt and we ourselves exiled from our land. (Gittin 55b–56a)

The story tells of a host—apparently a wealthy man—who throws a party and wants his friend Kamtsa to be brought to it. The servant makes a mistake and brings Bar Kamtsa—a person the host despises. When the host sees Bar Kamtsa, he orders him to leave. Even though Bar Kamtsa pleads not to be humiliated by being sent away, the host is unbending. Bar Kamtsa offers to pay for whatever he eats, for half the expenses of the entire party, for the entire party—but the host unceremoniously leads Bar Kamtsa out of his home.

The story reflects a lack of peace among the Jewish community in Jerusalem. The antagonism between the host and Bar Kamtsa is palpable. The unpleasant scene at the party was witnessed by others—including “the rabbis”; obviously, “the rabbis” were included on the party’s guest list. They were part of the host’s social network. When Bar Kamtsa was ejected from the party, he did not express rage at the host. Rather, he was deeply wounded by the fact that rabbis had been silent in the face of the humiliation he had suffered: “Since the rabbis were sitting there and did not stop him, this shows that they agreed with him.” He might have understood the host’s uncouth behavior, since the host hated him. But he could not understand why the rabbis, through their silence, would go along with the host. Why didn’t they stand up and protest on behalf of Bar Kamtsa? Why didn’t they attempt to increase peace? Bar Kamtsa was so disgusted with the rabbis that he decided to stir up the Roman Emperor against the Jewish people. If the rabbinic leadership itself was corrupt, then the entire community had to suffer.

Why didn’t the rabbis speak up on behalf of Bar Kamtsa?

Apparently, the rabbis kept silent because they did not want to offend their host. If the host wanted to expel a mistakenly invited person, that was his business—not theirs. The host seems to have been a wealthy patron of the rabbis; he obviously wanted them included on his invitation list. Why should the rabbis offend their patron, in defense of an enemy of their patron? That might jeopardize their relationship with the host and could cost them future patronage.

The rabbis kept silent because they thought it socially and economically prudent for their own interests. They could not muster the courage to confront the host and try to intervene on behalf of Bar Kamtsa. By looking out for their own selfish interests, the rabbis chose to look the other way when Bar Kamtsa was publicly humiliated.

Rabbi Binyamin Lau, in his review of the rabbinical and historical sources of that period, came to the inescapable conclusion that “the rabbis were supported by the wealthy [members of the community], and consequently were unable to oppose their deeds. There is here a situation of economic pressure that enslaved the elders of the generation to the officials and the wealthy….The Torah infrastructure depended on the generosity of the rich.”

When rabbis lost the spirit of independence, they also lost their moral compass. They were beholden to the rich, and could not afford to antagonize their patrons. They remained silent even when their patrons behaved badly, even when their silence allowed their patrons to humiliate others. Bar Kamtsa was outraged by the moral cowardice of the rabbis to such an extent that he turned traitor against the entire Jewish people.

The story goes on to say that Bar Kamtsa told the Emperor that the Jews were rebelling. To verify this, the Emperor sent an offering to be sacrificed in the Temple. If the Jews offered it up, that proved they were not rebelling. If the Jews refused to offer it up, this meant that they were defying the Emperor and were rising in rebellion. Bar Kamtsa took a fine calf on behalf of the Emperor, and put a slight blemish on it. He was learned enough to know that this blemish—while of no consequence to the Romans—would disqualify the animal from being offered according to Jewish law.

When Bar Kamtsa presented the offering at the Temple, the rabbis were inclined to allow it to be offered. They fully realized that if they rejected it, this would be construed by the Emperor as a sign of disloyalty and rebellion. Since there was so much at stake, the rabbis preferred to offer a blemished animal rather than incur the Emperor’s wrath. This was a sound, prudent course of action. But one of the rabbis, Zecharyah b, Abkulas, objected. He insisted that the rabbis follow the letter of the law and not allow the offering of a blemished animal. He cited public opinion (“people will say”) that the rabbis did not adhere to the law and therefore allowed a forbidden offering. The rabbis then considered the extreme possibility of murdering Bar Kamtsa, so that this traitor would not be able to return to the Emperor to report that the offering had been refused. Again, Zecharyah b. Abkulas objected. The halakha does not allow the death penalty for one who brings a blemished offering for sacrifice in the Temple. Murdering Bar Kamtsa, thus, would be unjustified and illegal. This was “check mate.” The rabbis offered no further ideas on how to avoid antagonizing the Emperor. The offering was rejected, and Bar Kamtsa reported this to the Emperor. The result was the Roman destruction of Jerusalem and razing of the Temple. “R. Johanan thereupon remarked: Through the scrupulousness of R. Zechariah b. Abkulas our House has been destroyed, our Temple burnt and we ourselves exiled from our land.”

Rabbi Johanan casts R. Zecharyah b. Abkulas as the villain of the story. R. Zecharyah was overly scrupulous in insisting on the letter of the law, and he lost sight of the larger issues involved. He did not factor in the consequences of his halakhic ruling; or if he did, he thought it was better to suffer the consequences rather than to violate the halakha. Rabbi Johanan blames R. Zecharyah’s “scrupulousness” for the destruction of Jerusalem, the razing of the Temple, and the exile of the Jewish people. The moral of the story, according to Rabbi Johanan, is that rabbis need to have a grander vision when making halakhic decisions. It is not proper—and can be very dangerous—to rule purely on the basis of the letter of the law, without taking into consideration the larger issues and the consequences of these decisions. Technical correctness does not always make a halakhic ruling correct. On the contrary, technical correctness can lead to catastrophic results. To follow the precedent of Rabbi Zecharyah b. Abkulas is a dangerous mistake.

Yes, Rabbi Zecharyah b. Abkulas was overly scrupulous in his application of halakha, when other larger considerations should have been factored in. His narrow commitment to legal technicalities caused inexpressible suffering and destruction for the Jewish people. But is he the real villain of the story?

Rabbi Zecharyah was only one man. The other rabbis formed the majority. Why didn’t they overrule Rabbi Zecharyah? The rabbis surely realized the implications of rejecting the Emperor’s offering. They were even willing to commit murder to keep Bar Kamtsa from returning to the Emperor with a negative report. Why did the majority of the rabbis submit to Rabbi Zecharyah’s “scrupulousness”?

The story is teaching not only about the mistaken attitude of Rabbi Zecharyah b. Abkulas, but about the weakness and cowardice of the rest of the rabbis. The other rabbis were intimidated by Rabbi Zecharyah. They were afraid that people would accuse them of being laxer in halakha than Rabbi Zecharyah. They worried lest their halakhic credibility would be called into question. Rabbi Zecharyah might be perceived by the public as the “really religious” rabbi, or the “fervently religious” rabbi; the other rabbis would be perceived as compromisers, as religiously defective. They recognized that Rabbi Zecharyah, after all, had technical halakhic justification for his positions. On the other hand, they would have to be innovative and utilize meta-halakhic considerations to justify their rulings. That approach—even if ultimately correct—requires considerable confidence in one’s ability to make rulings that go beyond the letter of the law. Rabbi Zecharyah’s position was safe: it had support in the halakhic texts and traditions. The rabbis’ position was risky: it required breaking new ground, making innovative rulings based on extreme circumstances. The rabbis simply were not up to the challenge. They deferred to Rabbi Zecharyah because they lacked the courage and confidence to take responsibility for bold halakhic decision-making.

When Rabbis Do Not Increase Peace in the World

When rabbis lose sight of their core responsibility to bring peace into the world, the consequences are profoundly troubling. The public’s respect for religion and religious leadership decreases. The rabbis themselves become narrower in outlook, more authoritarian, more identified with a rabbinic/political bureaucracy than with idealistic rabbinic service. They become agents of the status quo, curriers of favor from the rich and politically well-connected.
When rabbis lack independence and moral courage, the tendencies toward conformity and extremism arise. They adopt the strictest and most fundamentalist positions, because they do not want to appear “less fervent” than the extremist rabbinic authorities.

When rabbis fear to express moral indignation so as not to jeopardize their financial or political situation, then the forces of injustice and disharmony increase. When rabbis adopt the narrow halakhic vision of Rabbi Zecharyah b. Abkulas, they invite catastrophe on the community. When the “silent majority” of rabbis allow the R. Zecharyahs to prevail, they forfeit their responsibility as religious leaders.

The contemporary Hareidization of Orthodox Judaism, both in Israel and the Diaspora, has tended to foster a narrow and extreme approach to halakha. This phenomenon has been accompanied by a widespread acquiescence on the part of Orthodox rabbis who are afraid to stand up against the growing extremism.

In the summer of 1984, I met with Rabbi Haim David Halevy, then Sephardic Chief Rabbi of Tel Aviv. He was a particularly independent thinker, who much regretted the narrowness and extremism that had arisen within Orthodox rabbinic circles. He lamented what he called the rabbinic “mafia” that served as a thought police, rooting out and ostracizing rabbis who did not go along with the official policies of a small group of “gedolim,” rabbinic authorities who are thought to have the ultimate power to decide halakhic policies. When honest discussion and diversity of opinion are quashed, the religious enterprise suffers.

The Orthodox rabbinic establishment in Israel, through the offices of the Chief Rabbinate, has had the sole official religious authority to determine matters relating to Jewish identity, conversion, marriage, and divorce. It has also wielded its authority in kashruth supervision and other areas of religious law relating to Jewish life in the State of Israel. This religious “monopoly” has been in place since the State of Israel was established in 1948. With so much power at their disposal, one would have expected—and might have hoped—that the rabbinate would have won a warm and respectful attitude among the population at large. The rabbis, after all, are charged with increasing peace between the people of Israel and their God; with applying halakha in a spirit of love, compassion, and understanding; with creating within the Jewish public a recognition that the rabbis are public servants working in the public’s interest.

Regrettably, these things have not transpired. Although the Chief Rabbinate began with the creative leadership of Rabbis Benzion Uziel and Yitzchak Herzog, it gradually sank into a bureaucratic mire, in which rabbis struggled to gain political power and financial reward for themselves and/or for the institutions they represent. The Chief Rabbinate is not held as the ultimate religious authority in Israel by the Hareidi population. It is not respected by the non-Orthodox public. It has scant support within the Religious Zionist camp, since the Chief Rabbinate seems more interested in pandering to Hareidi interests than in promoting a genuine Religious Zionist vision and program for the Jewish State.

Recent polls in Israel have reflected a growing backlash against the Hareidization of religious life and against the political/social/religious coercion that has been fostered by Hareidi leadership. Seventy percent of Jewish Israelis are opposed to new religious legislation. Fifty-three pecert oppose all religiously coercive legislation. Forty-two percent believe that the tension between the Hareidim and the general public is the most serious internal schism in Israeli Jewish society—nearly twice as many as those who think the most serious tension is between the political left and political right. Sixty-five percent think the tensions between Hareidim and the general public are the most serious, or second most serious, problem facing the Israeli Jewish community. An increasing number of Israelis are in favor of a complete separation of religion and State, reflecting growing frustration with the religious status quo.

Remembering Justice Benjamin Nathan Cardozo

Remembering Justice Benjamin Nathan Cardozo
 

by Rabbi Marc D. Angel

 

Benjamin Nathan Cardozo (1870-1938) was one of the greatest American jurists. During his distinguished career, he served as Chief Judge of the New York State Court of Appeals from 1926 until his appointment to the United States Supreme Court in 1932. He was known for his calm wisdom, personal dignity, and his commitment to social justice. His speeches and writings were characterized by clear thinking and graceful style.

            Cardozo was born into a Sephardic Jewish family that had roots in America since Colonial days. Among his ancestors were those who fought in the American Revolution. His family was associated with Congregation Shearith Israel, the Spanish and Portuguese Synagogue of New York, founded in 1654; he retained his loyalty to Shearith Israel throughout his life, and was buried in the congregation’s cemetery upon his death.

            As a young attorney, recently graduated from the Law School of Columbia University, Cardozo had several interactions at Shearith Israel that reflected his generally traditional worldview. In 1895, as the congregation was planning to build a new synagogue building on Central Park West, a number of leading members were calling for reforms in the synagogue’s customs. For centuries, Shearith Israel had followed the ancient traditions of Western Sephardim, including the separation of men and women during prayer services. The reformers called for various changes, including a seating arrangement in the synagogue that allowed men and women to sit together. The congregation’s religious leader, Dr. Henry Pereira Mendes, strongly opposed the reforms. Tensions within the congregation came to a head at a meeting of congregants on June 5, 1895. A number of reformers put forth their motion to institute changes; Dr. Mendes and another synagogue leader spoke in opposition to their motion. Then the 25 year old Cardozo made “a long address, impressive in ability and eloquence,” in which he argued for the continuity of synagogue tradition. He pointed out that the congregation’s constitution provided for separate seating of men and women, following in the traditional patterns of Spanish and Portuguese congregations. It would be unlawful to violate the constitution. Aside from the legal point, Cardozo stressed the importance of maintaining synagogue traditions that had been established and maintained by generations of congregants. Regardless of one’s personal opinions or level of religious observance, the synagogue is a sacred space that should maintain its integrity.  Following Cardozo’s speech, a vote was taken: the motion to alter the synagogue customs was defeated by a vote of 73 to 7!
 

            In 1898, Cardozo gave a talk at Shearith Israel on Benjamin Disraeli, late Prime Minister of the British Commonwealth. Disraeli was born into the Spanish and Portuguese Jewish community of London, but his father had his children baptized before Benjamin’s Bar Mitzvah. So he was a Jew by birth and by public perception; but was a Christian by formal religious profession. In spite of facing ongoing anti-Semitism, Disraeli rose to the top of the British government, a highly regarded confidant of Queen Victoria.

            The young Cardozo drew a thoughtful portrait of Disraeli’s personal and political life. He could not help but recognize the phenomenal rise to power of a man who was constantly subjected to anti-Semitism in spite of his having been baptized. Although Disraeli presented himself as a Christian, he never flinched from pride in his Jewish background. He described Christianity as a fulfillment of Judaism. Cardozo noted that Disraeli’s position was problematic:  “So we find it to the last—the same union of loyalty to the race and disloyalty to the faith, the same impossible effort to reconcile the irreconcilable and to treat the religious tenets of his manhood as a development of the religion in whose shelter he had been born” (Disraeli, the Jew, Essays by Benjamin Cardozo and Emma Lazarus, ed. Michael Selzer, Selzer and Selzer, Great Barrington, Mass, 1993, p.49). Cardozo noted that Disraeli—in spite of his tremendous successes—was ultimately a conflicted and lonely soul:  “The nation marveled at his wit; it laughed at his sallies; it applauded his intrepid spirit; but all the time, it must have felt within its heart that he was a stranger within its gates.”

            To his credit, Disraeli never apologized for or denied his Jewishness. Quite the contrary. He flaunted his Jewishness and presented the Jews and Judaism in positive lights. Cardozo offered an appreciation of Disraeli’s role vis a vis the Jewish people: “As we look back upon him now, we see, I think, that he affected us for good. He taught us to think worthily of ourselves—that indispensable condition, as men have often said, which must be satisfied before it can be hoped that we shall be thought worthily of by others.  He was himself, before all the world, a living illustration of the powers that are in us, of our resources, of our intellect, of our vigor; of our enthusiasm, of our diplomacy; of our finesse. … He might have stood for many other and perhaps greater things; he might have aided us in many other ways; but these he did stand for an in these he did aid us; and if the aid might have been greater, it none the less was great. It is something to have contributed a little to rousing the self-consciousness of a race, in waking it to a sense of its own dignity, and in waking others to a sense of its latent powers. In these days of Zionism, in these days of Herzl and Nordau, let us remember that we are working upon soil which Disraeli and men like him have helped posterity to till. By his own personality, as well as by his words and deeds, he seemed to weave into the woof of English public life some portion of the Hebraic spirit; to Hebraize the mid of the Protestant and the Puritan; and even to revive in his own day some glimmer of those ancient glories which it was one of the functions of his life to illustrate to the world. For that service at least, let us honor him tonight” ((pp. 65-66).

            In a series of lectures at Yale University in 1921, Cardozo reflected on the nature of the judicial process. “There is in each of us a stream of tendency, whether you choose to call it philosophy or note, which gives coherence and direction to thought and action. Judges cannot escape that current any more than other mortals. All their lives, forces which they do not recognize and cannot name, have been tugging at them—inherited instincts, traditional beliefs, acquired convictions; and the resultant is an outlook on life, a conception of social needs….We may try to see things as objectively as we please. None the less, we can never see them with any eyes except our own” (The Nature of the Judicial Process, Yale University Press, New Haven, 1921, p. 12).

            Cardozo’s own “stream of tendency” included a deep respect for tradition…but a keen awareness of the forces for change. While he understood that judges must not set aside existing rules at pleasure, he also criticized “the demon of formalism.” Judges must balance their decisions, taking into consideration the welfare of society. Cardozo drew on a Talmudic teaching that describes God as offering Himself a prayer: “Be it my will that my justice be ruled by my mercy.” He suggested that judges keep this prayer in mind during their own deliberations (pp. 66-67).

            In a keenly self-revelatory comment, Cardozo reminisced on what he had learned from his experiences as a judge. “I was much troubled in spirit, in my first years upon the bench, to find how trackless was the ocean on which I had embarked. I sought for certainty. I was oppressed and disheartened when I found that the quest for it was futile….As the years have gone by, and as I have reflected more and more upon the nature of the judicial process, I have become reconciled to the uncertainty, because I have grown to see it as inevitable” (p. 166).

            In a subsequent series of lectures at Yale, Cardozo noted that “law must be stable, and yet it cannot stand still….The victory is not for the partisans of an inflexible logic nor yet for the levelers of all rule and all precedent, but the victory is for those who shall know how to fuse these two tendencies together in adaptation to an end as yet imperfectly discerned” (The Growth of the Law,Yale University Press, New Haven, 1924, p. 143).

            Cardozo appreciated the need for balancing various tendencies—the faithfulness to precedents and the drive for change. It is not a simple matter to judge fairly and correctly. “In our worship of certainty, we must distinguish between the sound certainty and the sham, between what is gold and what is tinsel; and then, when certainty is attained, we must remember that it is not the only good; that we can buy it at too high a price; that there is a danger in perpetual quiescence as well as in perpetual motion; and that a compromise must be found in a principle of growth” (pp. 16-17).

            Cardozo’s vast erudition was accompanied with a profound sense of social responsibility, his own personal dignity, and a calm wisdom. He was serenely confident and competent; and at the same time, he was genuinely humble and self-reflective.

            He was a proud Jew. He was moderately observant of religious rituals, although not strictly so. He expressed his views on religion on various occasions. In 1927, he spoke at a dinner in honor of the 75th birthday of his rabbi at Shearith Israel, Dr. H. P. Mendes. In praising Dr. Mendes, he underscored the values of doing justice, loving mercy and walking humbly with the Lord. That same year, Cardozo spoke at a dinner in honor of his friend, Rabbi Stephen Wise. He again stressed the role of religion as an agent of social justice. “Religion is worthless if it is not translated into conduct. Creeds are snares and hypocrisies if they are not adapted to the needs of life….Has there been some social wrong, some oppression of the people, some grinding of the poor? That is a matter for religion. Has there been cruelty to Jews abroad or to colored men at home?....That is a matter for religion. Has the sacred name of liberty, which should stand for equal opportunity for all, been made a pretext and a cover for special privileges for a few? That is a matter for religion. (quoted in Andrew L. Kaufman, Cardozo, Harvard University Press, Cambridge, 1998, p. 190).

            But religion was more than social justice. At its best, religion must be marked by a selfless idealism and commitment to transcendent ideas. In 1931, Cardozo gave the commencement address at the Jewish Institute of Religion, and referred to Tycho Brahe, the 16th century Danish astronomer, who devoted long years to mark and register the stars, when people mocked him for this seemingly useless endeavor.  “The submergence of self in the pursuit of an ideal, the readiness to spend oneself without measure, prodigally, almost ecstatically, for something intuitively apprehended as great and noble, spend oneself one knows not why—some of us like to believe that is what religion means” (Kaufman, p. 190).

                             *     *     *

 

            When I began serving Congregation Shearith Israel in 1969, and for many years thereafter, the rabbis’ gowning room was the old office of the late Rabbi Dr. David de Sola Pool. Several photographs hung on the walls, including one of Justice Benjamin Nathan Cardozo which he presented to the Congregation in 1932 upon being appointed to the United States Supreme Court. He inscribed it: “To the historic Congregation Shearith Israel in the City of New York, with the affectionate greetings of its member.”   

            Thus, every morning and evening before synagogue services, I was greeted by the handsome visage of Justice Cardozo. Although he died before I was even born, so that I did not know him personally, I somehow felt a friendship and kinship with him. He was, for me, an entry way into the past of my congregation and community. His photograph conveyed the confidence and the judgment, challenging us to be faithful to the past and yet open to the needs of the present…and future.      

References:

Cardozo, Benjamin N., The Growth of the Law, Yale University Press, New Haven, 1924.

__________________, The Nature of the Judicial Process, Yale University Press, New Haven, 1921.

Kaufman, Andrew L., Cardozo, Harvard University Press, Cambridge, 1998.

Selzer, Michael, Disraeli, the Jew, Selzer and Selzer, Great Barrington, 1993.

The Battle for the Jewish Mind: Book Review by Rabbi Marc D. Angel

The Battle for the Jewish Mind

Book Review by Rabbi Marc D. Angel

 

Sina Kahen, the Founder of Da’at Press, has recently published a very important volume: “The Battle for the Jewish Mind: The Maimonidean Controversies and Why They Matter Today.” Sina works in the Medical Tech and AI industries, and has been publishing a series of books that foster a grand religious vision. Born in Iran, Sina lives in London with his wife and two children. He is one of the leaders in Habura, a group that promotes a Judaism based on the “Geonic-Sepharadi tradition,” and even more specifically the “Geonic-Andalusian tradition.”

Maimonides (1138-1204) is the great exemplar of this tradition. He was a brilliant Talmudist and halakhist, and his Mishneh Torah continues to be a foundational work in Jewish law.  Aside from his mastery of rabbinic sources, he was highly regarded for his medical and scientific works. Like others in the Geonic-Andalusian tradition, he valued philosophy and general knowledge. His classic Guide for the Perplexed offered an intellectually rigorous approach to Judaism: how to read the Bible,  how to reconcile biblical texts with philosophic and scientific truths, how to seek reasons for the commandments, how to understand revelation, prophecy, messianism etc.  In short, Maimonides was a proponent of a thinking Judaism that drew on the best teachings of our rabbis and the best wisdom available from beyond Jewish sources.

Maimonides’ commitment to philosophy was so great, he included basic philosophic principles about God in the opening chapters of his code of Jewish law. He stressed that a knowledge of physics and metaphysics was essential to a proper religious life. 

While his approach was well within the Geonic-Andalusian tradition, many religious traditionalists advocated a very different view of things. They sought all truth in the Torah and rabbinic texts; they thought that philosophical inquiry could lead the masses away from religious observance. They taught a kabbalistic/midrashic Judaism that demanded emunat hakhamim, reliance on the opinions of sages who were not tainted by wisdom from the general world. They not only denigrated the philosophical approach of Maimonides, they strove to ban his books. What emerged was a century and more of “the Maimonidean controversies.” The anti-Maimonides group went so far as to denounce Maimonides heresies to Dominican monks who set fire to Maimonides’ books in a public demonstration in Paris in 1233.  The horror of this event caused some anti-Maimonists to repent their ways.

But the basic controversies did not disappear…and are still raging in religious Jewish life today. The Maimonidean approach to philosophical quest is highly discouraged among much of Orthodoxy today. Sina Kahen asks: “Why is the worldly tradition—the one that treated the sciences as servants of Torah, that saw rigorous and rational inquiry as a form of worship—not the mainstream?” (p. 75).  Why is so much of Orthodoxy today steeped in kabbalistic/midrashic Judaism, rather than the intellectually sophisticated Judaism espoused by Rambam and the Geonic/Andalusian tradition?

Sina Kahen pointedly notes: “The question is not whether Jews “should” engage with the sciences—as though one were choosing between a safe path and a risky one. The question is whether a Jew who refuses to look at the world God made can be said to know the God who made it. The tradition we have followed through these pages answered: he cannot. Not fully. Not with the depth that Torah demands” (p. 80).

Sina Kahen has written a remarkable volume that not only provides the historical context of “the Maimonidean controversies,” but demonstrates how those controversies persist today. While, happily, there are those within modern Jewry espousing an intellectually vibrant Judaism open to the sciences, humanities and arts—there are others who strive to narrow intellectual pursuits to the four cubits of Torah as they understand it.

Sina Kahen’s book is available through Da’at Press: https://www.daat.press/product-page/the-battle-for-the-jewish-mind-the-maimonidean-controversies-sina-kahen

I recommend it very highly. 

 

 

 

American Jews and the American Dream

 

(On September 12, 2004, a special service was held at Congregation Shearith Israel in New York (founded in 1654)  to mark the Congregation's 350th anniversary. Since Shearith Israel is the first Jewish Congregation in North America, this occasion also marked the 350th anniversary of American Jewry. Rabbi Marc D. Angel delivered a sermon at the 350th anniversary service, reflecting on American Jewish history through the prism of the experience of Congregation Shearith Israel. This is an abridged version of that sermon.)

 

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights,that among these are Life, Liberty, and the pursuit of Happiness.” These words from the American Declaration of Independence reflect the deepest ideals and aspirations of the American people. America is not merely a country, vast and powerful; America is an idea, a vision of life as it could be.

When these words were first proclaimed on July 4, 1776, Congregation Shearith Israel was almost 122 years old. It was a venerable community, with an impressive history--a bastion of Jewish faith and tradition,and an integral part of the American experience.

When the British invaded New York in 1776, a large group of congregants, including our Hazan Rev. Gershom Mendes Seixas,left the city rather than live under British rule. Many joined the Revolutionary army and fought for American independence. Our story in America is not built on historical abstractions, but on generations of Jews who have played their roles in the unfolding of this nation. It is a very personal history, ingrained in our collective memory.

On this 350th anniversary of the American Jewish community,we reflect on the courage and heroic efforts of our forebears who have maintained Judaism as a vibrant and living force in our lives. We express gratitude to America for having given us—and all citizens—the freedom to practice our faith. This very freedom has energized and strengthened America.

Within Congregation Shearith Israel, we have been blessed with men and women who have helped articulate Jewish ideals and American ideals. Their voices have blended in with the voices of fellow Americans of various religions and races,to help shape the dream and reality of America.

The American Declaration of Independence pronounced that all men are created equal. In his famous letter to the Jewish community of Newport, in August 1790, President George Washington hailed the United States for allowing its citizens freedom—not as a favor bestowed by one group on another—but in recognition of the inherent natural rights of all human beings. This country, wrote President Washington, “gives to bigotry no sanction, to persecution no assistance.”

And yet, if equality and human dignity are at the core of American ideals, the fulfillment of these ideals have required—and still require—sacrifice and devotion. Reality has not always kept up with the ideals. In 1855, Shearith Israel member Uriah Phillips Levy—who rose to the rank of Commodore in the U.S. Navy—was dropped from the Navy’s active duty list. He was convinced that anti-Semitism was at the root of this demotion. He appealed the ruling and demanded justice.He asked: are people “now to learn to their sorrow and dismay that we too have sunk into the mire of religious intolerance and bigotry?... What is my case today, if you yield to this injustice, may tomorrow be that of the Roman Catholic or the Unitarian, the Presbyterian or the Methodist, the Episcopalian or the Baptist. There is but one safeguard: that is to be found in an honest,whole-hearted, inflexible support of the wise, the just, the impartial guarantee of the Constitution.” Levy won his case. He helped the United States remain true to its principles.

Shearith Israel member Moses Judah (1735-1822) believed that all men were created equal—including black men. In 1799, he was elected to the New York Society for Promoting the Manumission of Slaves. During his tenure on the standing committee between 1806 and 1809, about fifty slaves were freed.Through his efforts, many other slaves achieved freedom. He exerted himself to fight injustice, to expand the American ideals of freedom and equality regardless of race or religion.

Another of our members, Maud Nathan, believed that all men were created equal—but so were all women created equal. She was a fiery, internationally renowned suffragette, who worked tirelessly to advance a vision of America that indeed recognized the equality of all its citizens—men and women. As President of the Consumers’ League of New York from 1897-1917, Maud Nathan was a pioneer in social activism, working for the improvement of working conditions of employees in New York’s department stores. Equality and human dignity were the rights of all Americans,rich and poor, men and women.

The Declaration of Independence proclaimed that human beings have unalienable rights, among them are life, liberty and the pursuit of happiness.These words express the hope and optimism of America. They are a repudiation of the tyranny and oppression that prevailed—and still prevail—in so many lands. America is a land of opportunity, where people can live in freedom. The pursuit of happiness really signifies the pursuit of self-fulfillment, of a meaningful way of life. America’s challenge was—and still is—to create a harmonious society that allows us to fulfill our potentials.

President George Washington declared a day of national Thanksgiving for November 26, 1789. Shearith Israel held a service, at which Hazan Gershom Mendes Seixas called on this congregation “to unite, with cheerfulness and uprightness…to promote that which has a tendency to the public good.” Hazzan Seixas believed that Jews, in being faithful to Jewish tradition, would be constructive and active participants in American society.

Life, liberty and the pursuit of happiness were not reserved only for those born in America; they are the rights of all human beings everywhere. This notion underlies the idealism of the American dream, calling for a sense of responsibility for all suffering people, whether at home or abroad. American Jews have been particularly sensitive and responsive to this ideal.

On March 8,1847, Hazan Jacques Judah Lyons addressed a gathering at Shearith Israel for the purpose of raising funds for Irish famine relief. The potato crop in Ireland had failed in 1846, resulting in widespread famine. Hazan Lyons well realized that the Jewish community needed charitable dollars for its own internal needs; and yet he insisted that Jews reach out and help the people of Ireland. He said that there was one indestructible and all-powerful link between us and the Irish sufferers: “That link, my brethren,is HUMANITY! Its appeal to the heart surmounts every obstacle. Clime, color, sect are barriers which impede not its progress thither.” In assisting with Irish famine relief, the Jewish community reflected its commitment to the well-being of all suffering human beings.American Jewry grew into—and has continued to be—a great philanthropic community perhaps unmatched in history. Never have so few given so much to so many. In this, we have been true to our Jewish tradition, and true to the spirit of America.

Who articulated the hope and promise of America more eloquently than Emma Lazarus? “Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me. I lift my lamp beside the golden door.” How appropriate it is that her poem is affixed to the great symbol of American freedom, the Statue of Liberty.

Alice Menken, (for many years President of our Sisterhood) did remarkable work to help immigrants, to assist young women who ran into trouble with the law, to promote reform of the American prison system. She wrote: “We must seek a balanced philosophy of life. We must live to make the world worth living in, with new ideals, less suffering, and more joy.”

Americans see ourselves as one nation, indivisible, under God, with liberty and justice for all. Yet, liberty and justice are not automatically attained. They have required—and still require—wisdom, vigilance, and active participation. America prides itself on being a nation of laws, with no one above the law. The American legal tradition has been enriched by the insights and the work of many American Jews.

In one of his essays, Justice Benjamin Nathan Cardozo—a devoted member of Shearith Israel--referred to a Talmudic passage which has been incorporated into our prayer book. It asks that the Almighty let His mercy prevail over strict justice. Justice Cardozo reminded us that the American system relies not only on justice—but on mercy. Mercy entails not merely an understanding of laws, but an understanding of the human predicament, of human nature, of the circumstances prevailing inhuman society. Another of our members,Federal Judge William Herlands, echoed this sentiment when he stated that Justice without Mercy—is just ice!

Our late rabbis Henry Pereira Mendes, David de Sola Pool and Louis C.Gerstein, were singularly devoted to social welfare, to religious education, to the land of Israel. They distinguished themselves for their devotion to Zionism, and played their parts in the remarkable unfolding of the State of Israel. They, along with so many American Jews, have keenly understood how much unites Israel and the United States—two beacons of democracy and idealism in a very troubled world.

During the past 350 years, the American Jewish community has accomplished much and contributed valiantly to all aspects of American life. We have cherished our participation in American life. We have been free to practice our faith and teach our Torah. We have worked with Americans of other faiths and traditions to mold a better,stronger, more idealistic nation.

America today is not just a powerful and vast country. It is also an idea, a compelling idea that has a message for all people in all lands. As American Jews, we are committed to the ideals of freedom and equality, human dignity and security, to life, liberty and the pursuit of happiness, the pursuit of harmony among ourselves and throughout the world. We have come far as a nation, but very much remains to be done. May God give us the strength and resolve to carry on, to work proudly as Jews to bring the American dream to many more generations of humanity.

 

Reclaiming "Bible Zionism"

 

 

What is Zionism after all?

The term seems to have originated in the 1890s by Nathan Birnbaum, founder of the Kadimah nationalist Jewish students’ movement. Theodor Herzl popularized the term as the expression of the Jewish People’s national aspiration to return to their historic homeland in Zion. 

The term “Zionism” is often used by friends and enemies of Israel without proper reference to its historic roots in biblical times. Zionism didn’t just pop up in a vacuum, as though it was a new and artificial framework for Jews to return to their land. Although the term as a political movement dates from the late 19th century, it in fact encapsulates thousands of years of Jewish attachment to their historic homeland. 

Zion is mentioned over 150 times in the Hebrew bible. While originally referring to Mount Zion, it came to refer to Jerusalem and then to all the land of Israel. 

Rabbi Dr. Henry Pereira Mendes, who was associated with the historic Spanish and Portuguese Synagogue of New York from 1877 to 1937, advocated what he called “Bible Zionism.” He was proud of the fact that Theodor Herzl asked his cooperation in organizing the Zionist movement in the United States. Dr. Mendes was elected vice-president of the Federation of American Zionists and a member of the actions committee of the World Zionist Organization. He believed that Zionism had the goal of establishing a Jewish State founded upon the principles and ideals of the Jewish religious tradition.  In a letter to Haham Gaster of London (July 21, 1903), Dr. Mendes wrote: Here is true work for Zionists: to keep Hebrews true to Jewish life, Jewish law, Jewish sentiment.”

Dr. Mendes taught that “Bible Zionism” aspired to go beyond simply providing a homeland for Jews. It had a universal message and goal:Peace for the world at last and the realization of reverence for God by all men. These are the essentials for human happiness. Zionism stands for them.”

We rarely hear about “Bible Zionism” from Israeli political leaders, media, or the various Zionist organizations worldwide. But wouldn’t it be nice if leaders and opinion makers reclaimed “Bible Zionism” and reminded the world at every opportunity of the biblical roots of Zionism?

“Bible Zionism,” as Rabbi Mendes pointed out, has a dual agenda. It stresses the national aspirations of the Jewish People to live in their own historic homeland and foster their religious and cultural traditions. The prophet Isaiah foresaw that Jews will “come to Zion with songs and everlasting joy upon their heads; they shall obtain joy and gladness, and sorrow and sighing will flee away” (Isaiah 35:10). He taught that “Zion will be redeemed with justice and those that return to her with righteousness” (1:27).

But “Bible Zionism” also points to the ultimate victory of justice and righteousness for Israel and the entire world. Isaiah taught that many people shall come to Zion “for out of Zion shall go forth Torah and the word of the Lord from Jerusalem” (Isaiah 2:3). Isaiah looked to the day when “the nations shall see your righteousness and all kings your glory” (62:1-2).  The prophet Zechariah (8:3) taught that the Lord has returned to Zion and that “Jerusalem shall be called the city of truth and the mountain of the Lord of hosts the holy mountain.” Zion was to be a bastion of truth, justice and wisdom for the entire world.

 

Recent months have seen ugly manifestations of anti-Zionism throughout the world. The haters have distorted the meaning and mission of Zionism. We need to embrace “Bible Zionism” in every forum to set the record straight.

 The Psalmist sang (122:6): “Pray for the peace of Jerusalem; they who love you will prosper; peace be within your walls, prosperity within your palaces.”  Just as those who love and support Zion will be blessed, the Psalmist warns (129:5): “May all who hate Zion be put to shame and turned back.”

As for us, we must heed the words of Isaiah (62:1-2): “For the sake of Zion I will not hold my peace, and for the sake of Jerusalem I will not be still, until her righteousness goes forth like radiance and her salvation like a burning torch.”

 

Beyond Victimhood: A Positive Jewish Message

Beyond Victimhood: A Positive Jewish Message

by Rabbi Marc D. Angel

 

The Holocaust, understandably, haunts the Jewish people. We can never forget the millions of Jews who were tortured and murdered by the Germans and their collaborators. Whenever a crisis erupts that threatens Jews, there is an almost visceral reaction to call up the memory of the Holocaust.

After the Hamas massacre of Israelis on October 7, Jewish media was quick to report that this was the highest number of Jews murdered in a single day since the Holocaust.

In attempting to combat antisemitism in New York, a program was initiated to bring all eighth-grade students to the Museum of Jewish Heritage, where they could learn about the Holocaust. When international leaders visit Israel, a visit to Yad Vashem is almost always part of the itinerary.

The prevailing wisdom is that when people – especially young people – learn about the horrors of the Holocaust, they will become more sympathetic toward Jews and aware of the dangers of religious and racial hatred. With more knowledge about the Holocaust, it is assumed that people will be less prone to antisemitic attitudes and behaviors.

The various efforts at Holocaust education have had a positive impact on many. And yet, Holocaust education – unless handled very well – can have negative consequences. For those steeped in anti-Jewish hatred, the Holocaust may actually encourage their antisemitism. They view Jews as a despised minority group that is an easy target for hatred and violence. They see that millions of Jews were systematically slaughtered while much of the world stood aside. In the minds of rabid Jew-haters, the Holocaust is an ideal, not a disaster.

While maintaining the memory of the Holocaust is surely very important, we need also to project a positive image of Jews, Judaism, and Zionism. Much of the antisemitism we face today is directly related to anti-Zionism. We need to focus on conveying the historical connection of the Jewish people to our land going back to biblical days.

Even after being exiled from the Land of Israel several times over the millennia, in the last instance at the hands of the Romans in 70 CE, the Jewish People have continued to live in, pray for, and dream of a return to their historic homeland.

After nearly 1,900 years, the Jews gained sovereignty over their land with the establishment of the modern State of Israel. This is one of the most amazing adventures in human history. For an ancient people to return to their historic homeland and build a dynamic, democratic society is an unprecedented story of courage, faith, and persistence.

Our story is truly inspiring and full of hope, spirituality, creativity, courage, and resilience. Despite all the hurdles we have had to face – and still face – the Jews are a strong and vibrant people. We need to tell our story in a confident voice – not as propaganda, not in sound bites – in a sophisticated and intelligent way that will convey the power of the Jewish experience.

The re-emergence of a sovereign Jewish state is a remarkable historic achievement. Yet, as we know, it has not been received with love or understanding by many in the Arab world. In particular, we face those who foster the Hamas ideology that negates the Jewish right to our own land.

The goal of the haters, by their own admission, is the destruction of Israel. And while wars on the battlefield can achieve military victories for Israel, ultimate victory will come only when the ideology of hatred is defeated. Just as Israel devotes so much courage and brilliance to its physical defense, it needs to devote equal – and more – courage and brilliance to fighting the murderous ideology that has infected many beyond Hamas.

To combat this ideology of hatred, we need more than Holocaust education.

We need a powerful, positive presentation of Jewish history, Jewish connection to the land of Israel, Jewish idealism, and Jewish striving for peace and mutual understanding.

We would do well to remember the prophecy of Isaiah (42:6) who relates God’s wondrous promise to the people of Israel that they will become “a light unto the nations.” We need to focus on the light; on what we have given, are giving, and can give to the world.

Isaiah (51:3) foresaw a time like ours when the wasteland that was Israel turned into a beautiful and thriving country: “For the Lord comforts Zion; He comforts all her waste places and makes her wilderness like Eden, her desert like the garden of the Lord; joy and gladness will be found in her, thanksgiving and the voice of song.”

That is Zionism, that is Judaism, that is the aspiration of the Jewish people.