Min haMuvhar

The modern era in the Western world has witnessed numerous assaults on the patterns of traditional religious life. Science has changed the way people think; technology has changed the way they live. Autonomous, human-centered theology has come to replace heteronomous, God-centered theology. Rationalism and positivism have constricted metaphysics. Respect for authority and hierarchies has been replaced by an emphasis on individuality and egalitarianism. The challenges of modernity are symbolized by such names as Darwin, Schleiermacher, Freud, Einstein, Ayn Rand.

The modern era has also seen dramatic changes in the physical patterns of life: vast migrations from the farms to the cities; mass emigration (often as refugees) from one country or continent to another; shrinking family size; increased mobility; expansion of educational opportunities; phenomenal technological change.

Peter Berger has described modem individuals as suffering "spiritual homelessness." People have lost their sense of being part of a comprehensive, cohesive and understandable world.

For the Jewish people, the modern period has been particularly challenging. Jews were given the possibility of entering the mainstream of Western civilization. As the first winds of change swept into Jewish neighborhoods and ghettos, many Jews were enticed to leave traditional Jewish life behind. They hoped to gain acceptance into the general society by abandoning or modifying their religious beliefs and observances. Some went so far as to convert to other religions. The Haskalah--Jewish "enlightenment"--attracted numerous intellectuals who sought to modernize Jewish culture. The result was a secularization and objectification of Judaism.

The traditional religious framework was threatened by the Reform movement. Reform was an attempt of 19th century Western European Jews to "sanitize" Judaism by discarding Jewish laws and traditions. Reform wanted to make Judaism appear more "cultured" and socially respectable.

Whereas in previous eras, the masses of Jews accepted the authority of Torah and halakha, the modern period experienced a transition to the opposite situation--the masses of Western Jews no longer accepted the authority of Torah and halakha. In their desire to succeed in the modern world, many were ready to cast aside the claims of Jewish tradition. When large numbers of European Jews came to the United States during the late 19th and early 20th centuries, this phenomenon continued and expanded. A sizable majority of American Jews came to be affiliated with non-Orthodox movements or chose to remain unaffiliated with any movement at all.

In the face of tremendous defections from classic halakhic Judaism, the Orthodox community fought valiantly to maintain the time-honored beliefs and observances which they had inherited from their ancestors. But the Orthodox responses to the challenges of the modern situation were not monolithic. Some advocated a rejectionist stand, arguing that modern Western culture was to be eschewed to the extent possible. The "outside world," including non-Orthodox society, presented a danger to the purity of Jewish religious tradition; isolation was the best approach for Jews who wished to remain loyal to Torah and halakha. On the other hand, another Orthodox approach called for the active participation of Jews in general society while at the same time maintaining a strict allegiance to halakha. The task was to keep a balance of Torah with derekh eretz (worldly concerns/culture), Torah with madda (general knowledge).
These attitudes within Orthodoxy, as well as variations within the themes, have characterized Orthodox Jewish life since the mid-nineteenth century.

The strength of Orthodoxy has been its heroic devotion to Torah and halakha, even in the face of criticism and hostility. Orthodoxy alone maintains a total commitment to the Divine nature of the Torah and the binding authority of halakha. Orthodoxy is inextricably bound to all past generations of Torah observant Jews, and is faithfully confident that with the coming of the Messiah all Jews will return to traditional Torah life. Yet, it is the peculiar genius of Modern Orthodoxy to be thoroughly loyal to Torah and halakha while being open to modern thought and participating creatively in society.

Non-Orthodox detractors accuse Orthodoxy of being too bound by tradition, inflexible, unreceptive to modernity.
Non-Orthodox Jews have often found it expedient to stereotype Orthodox Jews as being "pre-modern," narrow-minded, irrational, insular, those who use religion as an escape from the realities of the world. They criticize Jewish law as being dry and tedious. They describe followers of halakha as unthinking slaves of ritual and detail, lacking in deeper spiritual feelings.

These criticisms and stereotypes are refuted in one name: Rabbi Joseph Baer Soloveitchik.

The Rav and Modernity

Rabbi Joseph B. Soloveitchik, known to his students and followers as the Rav (the rabbi par excellence), is Orthodoxy's most eloquent response to the challenges of modernity and to the critics of Modern Orthodoxy. A Torah giant of the highest caliber, the Rav was also a world-class philosopher. In his studies in Lithuania, he attained the stature of a rabbinic luminary. At the University of Berlin, he achieved the erudition of a philosophical prodigy.

A Talmudic dictum teaches that the path of Torah is flanked on the right by fire and on the left by ice. If one moves too far to the right, he is consumed by fire. If he moves too close to the left, he freezes to death. Rabbi Soloveitchik was that model personality who walked the path of the Torah, veering neither to the right nor to the left.

The Rav's unique greatness made him the ideal symbol and spokesman of Modern Orthodoxy. In his own person, he demonstrated that the ideal Torah sage is creative, open-minded, compassionate, righteous, visionary, realistic and idealistic. He showed that one could be profoundly committed to the world of Torah and halakha and at the same time be a sophisticated modern thinker. Rabbi Soloveitchik was the paradigmatic 20th century figure for those seeking mediation between classic halakhic Judaism and Western modernity. He was the spiritual and intellectual leader of Yeshiva University, the Rabbinical Council of America and Mizrachi; his influence, directly and through his students, has been ubiquitous within Modern Orthodox Jewish life. He was the singular rabbinic sage of his generation who was deeply steeped in modern intellectual life, who understood modernity on its own terms; he was, therefore, uniquely qualified to guide Orthodoxy in its relationship with modernity.

The Rav was appreciative of many of the achievements of Western civilization. But he could not ignore the shortcomings of modernity. He was pained by the discrepancy between dominant modern values and the values of traditional religion. It is lonely being a person of faith in "modern society which is technically-minded, self-centered, and self-loving, almost in a sickly narcissistic fashion, scoring honor upon honor, piling up victory upon victory, reaching for the distant galaxies, and seeing in the here-and-now sensible world the only manifestation of being" ("The Lonely Man of Faith," p. 8). Utilitarianism and materialism, as manifestations of the modern worldview, are inimical to the values of religion.

In pondering the dilemma of a person of faith, the Rav explores a universal dilemma of human beings: inner conflict. He draws on the Torah's descriptions of the creation of Adam to shed light on human nature. Adam I is majestic; he wants to build, to control, to succeed. He is dedicated to attaining dignity. Adam II is covenantal; he is introspective, lonely, in search of community and meaning. He seeks a redeemed existence. Each human being, like Adam, is an amalgam of these conflicting tendencies. In creating humans in this way, God thereby underscored the dual aspect of the human personality. Human fulfillment involves the awareness of both Adams within, and the ability to balance their claims.

The Rav suggests that Western society errs in giving too much weight to Adam I. The stress is on success and control, pragmatic benefits. Even when it comes to religion, people seem to be more concerned with operating quantifiably successful institutions rather than coming into a relationship with God. In the words of the Rav: "Western man diabolically insists on being successful. Alas, he wants to be successful even in his adventure with God. If he gives of himself to God, he expects reciprocity. He also reaches a covenant with God, but this covenant is a mercantile one. ... The gesture of faith for him is a give-and-take affair" ("The Lonely Man of Faith," p. 64). This attitude is antithetical to authentic religion. True religious experience necessitates surrender to God, feelings of being defeated--qualities identified with Adam II.

By extension, the Rav is critical of modernizers and liberalizers of Judaism who have tried to "market" Judaism by changing its content. Any philosophy of Judaism not firmly rooted in halakha is simply not true to Judaism. The non-halakhic movements did not grow out of classic Judaism; rather, they emerged as compromising responses to modernity. Had it not been for the external influences on Western Jews, non-halakhic movements would not have arisen as they did. The litmus test of an authentic philosophy of Judaism is: is it true to Torah and halakha, does it spring naturally and directly from them, is it faithful to their teachings? If Torah and halakha are made subservient to external pressures of modernity, this results in a corruption of Judaism.

Modernity, then, poses serious problems for traditional religion. However, counter-currents within modernity offer opportunities. Already in the early 1940's, Rabbi Soloveitchik felt that the time had come for a new approach to the philosophy of religion. The "uncertainty principle" of quantum physics was an anodyne to the certainty of Newtonian physics. Thinkers in psychology, art and religion were proclaiming that human beings are not machines, but are complex organisms with religious, emotional and aesthetic sensibilities. Rationalism could not sustain and nourish the human soul. The Holocaust exploded the idealized myths of Western humanism and culture. Western civilization was moving into a post-modern phase which should be far more sympathetic to the spiritual character of human beings, more receptive to the eternal teachings of religion.

The Rav felt that a philosophy of Judaism rooted in Torah and halakha needed to be expressed in modern terms. Orthodox Jews needed to penetrate the eternal wisdom of the halakhic tradition, deepening their ability to cope with the challenges and opportunities of modernity and post-modernity. And non-Orthodox Jews needed to study classic Judaism on its own terms, freed from the negative propaganda of anti-Orthodox critics. After all, Torah and halakha are the patrimony of all Jews.

In his various lectures and writings, the Rav has provided a meaningful and powerful exposition of halakhic Judaism. He is a modern thinker, rooted in tradition, who has laid the foundation for post-modern Jewish thought.

Conflict and Creativity

The Rav has stated that "man is a great and creative being because he is torn by conflict and is always in a state of ontological tenseness and perplexity." The creative gesture is associated with agony ("Majesty and Humility," p. 25). As the Rav pointed out in "The Lonely Man of Faith," God created human beings with a built-in set of conflicts and tensions; this inner turmoil is a basic feature of the human predicament.

Religion is not an escape from conflict: it is a way of confronting and balancing the tensions that go with being a thinking human being. One must learn to be a creative free agent and, at the same time, an obedient servant of God.
Detractors of religion often portray religionists as seeking peace of mind by losing themselves in the spiritual realm.

Critics say: "it is easy to be religious; you do not have to think; you only have to accept the tenets of faith and you can avoid the responsibility of making decisions and facing conflict." To such critics, the Rav would say simply: you do not understand the true nature of religion. Religion is not a place for cowards to hide; it is a place for courageous people to face a totally honest revelation of their own inner being. Halakhic Judaism does not shield the Jew from ontological conflict: it compels him to face it directly, heroically.

It is precisely this inner tension and struggle which generates a lofty and creative understanding of life. Rabbi Soloveitchik's writings and lectures are vivid examples of religious struggle and creativity at their best. His use of typologies, his first-person reminiscences, his powerfully emotive use of language--all contribute to express his singular message: a religious person must live a creative, heroic life.

In his Ish ha-Halakha (Halakhic Man), the Rav notes that the halakhic Jew approaches reality with the Torah, given at Sinai, in hand. "Halakhic man, well furnished with rules, judgments, and fundamental principles, draws near the world with an a priori relation. His approach begins with an ideal creation and concludes with a real one" (Halakhic Man, p. 19). Intellectual effort is the hallmark of the ideal religious personality, and is a sine qua non of understanding the halakhic enterprise.

The Rav compares the domain of theoretical halakha with mathematics. The mathematical theoretician develops a system in the abstract; this theoretical construct is then applied to the practical world. The theoretical system helps define and shape practical reality. So it is with halakha. The classic halakhists immerse themselves in the world of theoretical halakha and apply halakhic constructs to the mundane world. The Rav observes that "both the halakhist and the mathematician live in an ideal realm and enjoy the radiance of their own creations" (Halakhic Man, p. 25).
The ideal halakhic personality lives in constant intimacy with halakha. Halakha is as natural and central to him as breathing. His concern for theoretical halakha is an expression of profound love and commitment to the entire halakhic worldview. This love and commitment are manifested in a scrupulous concern for the observance of the rules of practical halakha.

The sage who attains the highest level of relationship with halakha is one "to whom the Torah is married." This level is achieved not merely by intellectual acumen, but by imagination and creativity. "The purely logical mode of halakhic reasoning draws its sustenance from the pre-rational perception and vision which erupt stormily from the depths of this personality, a personality which is enveloped with the aura of holiness. This mysterious intuition is the source of halakhic creativity and innovative insight . . . . Creative halakhic activity begins not with intellectual calculation, but with vision; not with clear formulations, but with unease; not in the clear light of rational discourse, but in the pre-rational darkness" (Besod ha-Yahid ve-haYahad, p. 219). The halakhic personality, then, is characterized by conflict, creativity, imagination, vision. The world of halakha is vast and all-encompassing. One who reaches the level of being "married" to the Torah and halakha has come as close to eternal truth as is possible for a human being.

Halakhic Activism

Rabbi Soloveitchik emphasized the Torah's focus on this-worldy concerns. "The ideal of halakhic man is the redemption of the world not via a higher world but via the world itself, via the adaptation of empirical reality to the ideal patterns of halakha. ... A lowly world is elevated through the halakha to the level of a divine world" (Halakhic Man, pp. 37–38).

Whereas the universal homo religiosus believes that the lower spiritual domain of this world must yearn for the higher spiritual realms, halakhic man declares that "the higher longs and pines for the lower." God created human beings to live in this world; in so doing, He endowed human life in this world with dignity and meaning.

Halakha can be actualized only in the real world. "Halakhic man's most fervent desire is the perfection of the world under the dominion of righteousness and loving-kindness--the realization of the a priori, ideal creation, whose name is Torah (or halakha), in the realm of concrete life" (Halakhic Man, p. 94). The halakhic life, thus, is necessarily committed to this-worldly activism; the halakhic personality is devoted to the creation of a righteous society.
The halakha is not confined to sanctuaries, but "penetrates into every nook and cranny of life." Halakha is in the home, the marketplace, the banquet hall, the street, the office--everywhere. As important as the synagogue is, it does not occupy the central place in halakhic Judaism. Halakha is too vast and comprehensive to be confined to a synagogue.

Rabbi Soloveitchik argues that non-halakhic Judaism erred grievously in putting the temple at the heart of religion. "The halakha, the Judaism that is faithful to itself ... which brings the Divine Presence into the midst of empirical reality, does not center about the synagogue or study house. These are minor sanctuaries. The true sanctuary is the sphere of our daily, mundane activities, for it is there that the realization of the halakha takes place" (Halakhic Man, pp. 94-5).

Consequently, halakhic Judaism is realistic, idealistic and demanding. Halakha is concerned with every moment, with every place. Its sanctity fills the universe.

Halakha is unequivocally committed to righteous, ethical life. The Rav points out that the great sages of halakha have always been known for their lofty ethical standards. The halakha demands high respect for the dignity of others. "To recognize a person is not just to identify him physically. It is more than that: it is an act of identifying him existentially, as a person who has a job to do, that only he can do properly. To recognize a person means to affirm that he is irreplaceable. To hurt a person means to tell him that he is expendable, that there is no need for him. The halakha equated the act of publicly embarrassing a person with murder" ("The Community," p. 16).

The ethical demands of halakha are exacting. One's personal life must be guided by halakhic teachings in every situation, in every relationship. The halakhic worldview opposes mystical quietism which is tolerant of pain and suffering. On the contrary, halakhic Judaism "wants man to cry out aloud against any kind of pain, to react indignantly to all kinds of injustice or unfairness" ("Redemption, Prayer, Talmud Torah," p. 65; see also, U-Vikkashtem mi-Sham, p. 16). The Rav's stress on ethical activism manifested itself in his views on religious Zionism. He accepted upon himself the mantle of leadership for religious Zionism; this placed him at odds with many Orthodox leaders who did not ascribe religious legitimacy to the State of Israel. Rabbi Soloveitchik eloquently insists that the halakha prohibits the missing of opportunities. After the Holocaust, the Jewish people were given the miraculous opportunity to re-establish a Jewish state in the land of Israel. For centuries, Jews had prayed for the return of Jewish sovereignty in Israel. Now, in this generation, the opportunity was being offered. For the Rav, it would be tragic and unforgivable to miss the gift of the moment. Not to respond to "the knocking of the beloved," not to respond to God's message to the suffering people of Israel--this would be a tragic error of terrible magnitude. This was not a time for hesitation: this was a time to embrace the opportunity of a Jewish State, an opportunity granted to us by the Almighty. The Rav conveyed a certain impatience with those who did not respond religiously to the new Jewish State. Like the Shulamith maiden in the Song of Songs, they were drowsy and hesitant at the very moment the beloved had returned. They were not fully awake to the significance of the moment, and the halakhic and ethical imperatives which flowed from it.

Interiority

All true religious action must be accompanied by appropriate inner feelings and thoughts. The exterior features of religious behavior must be expressions of one's interior spiritual sensibilities.

Yet in non-Orthodox circles, it has long been fashionable to deride halakhic Jews as automatons who slavishly adhere to a myriad of ancient rules and regulations. They depict Orthodox Jews as unspiritual beings who only care about the letter of the law, who nitpick over trifling details, whose souls are lost in a labyrinth of medieval codes of law. To such critics, Rabbi Soloveitchik would answer quite simply: you do not understand the halakha; you do not understand the nature of halakhic Judaism. Interiority is a basic feature of the halakhic way of life.

Halakha relates not merely to an external pattern of behavior. Rather, it infuses and shapes one's inner life. "The halakha wishes to objectify religiosity not only through introducing the external act and the psychophysical deed into the world of religion, but also through the structuring and ordering of the inner correlative in the realm of man's spirit" (Halakhic Man, p. 59).

For the halakhic Jew, halakha is not a compilation of random laws; it is the expression of God's will. Through halakha, God provides a means of drawing nearer to Him, even of developing a sense of intimacy with Him. To the outsider, a person fulfilling a halakhic prescription may seem like an unthinking robot; but this skewed view totally ignores the inner life of the halakhic Jew. It does not see or sense the inner world of thought, emotion, spiritual elevation.

The halakhic Jew must expect to be misunderstood. How can others who do not live in the world of halakha possibly understand the profundity of halakhic life? How can those who judge others by surface behavior be expected to penetrate into the mysterious depths of a halakhic Jew's inner life? Those who stereotype Orthodoxy are thereby revealing their own ignorance of the true halakhic personality.
"Halakhic man does not quiver before any man; he does not seek out compliments, nor does he require public approval. ... He knows that the truth is a lamp unto his feet and the halakha a light unto his path" (Halakhic Man, p. 89). The halakhic personality strives to maintain and develop inner strength. One must have the courage and self-confidence to be able to stand alone. Self-validation comes from within one's self, not from others. "Heroism is the central category in practical Judaism." The halakhic Jew needs the inner confidence "which makes it possible for him to be different" ("The Community," p. 13).

Knesset Israel

Halakhic Jews feel inextricably bound to all Jews, even those who are unsympathetic to them and their beliefs. "Judaism has stressed the wholeness and the unity of Knesset Israel, the Jewish community. The latter is not a conglomerate. It is an autonomous entity, endowed with a life of its own .... However strange such a concept may appear to the empirical sociologist, it is not at all a strange experience for the halakhist and the mystic, to whom Knesset Israel is a living, loving and suffering mother" ("The Community," p. 9). In one of his teshuvah lectures, Rabbi Soloveitchik stated that "the Jew who believes in Knesset Israel is the Jew who lives as part of it wherever it is and is willing to give his life for it, feels its pain, rejoices with it, fights in its wars, groans at its defeats and celebrates its victories" (Al ha-Teshuvah, p. 98). By binding oneself to the Torah, which embodies the spirit and destiny of Israel, the believer in Knesset Israel thereby is bound to all the generations of the community of Israel, past, present and future.

The Rav speaks of two types of covenant which bind Jews to Knesset Israel. The berit goral, the covenant of fate, is that which makes a Jew identify with Jewishness due to external pressure. Such a Jew is made conscious of Jewish identity when under attack by anti-Semites; when Israel is threatened by its enemies; when Jews around the world are endangered because of their Jewishness. The berit goral is connected to Jewish ethnicity and nationalism; it reminds the Jew that, like it or not, he is a Jew by fate.

The berit yeud, the covenant of mission and destiny, links the Jew to the positive content of Jewishness. He is Jewish because he chooses the Jewish way of life, the Torah and halakha; he seeks a living relationship with the God of Israel. The berit yeud is connected with Jewish ideals, values, beliefs, observances; it inspires the Jew to choose to live as a Jew. The berit goral is clearly on a much lower spiritual level than the berit yeud; the ideal Jew should see Jewish identity primarily in the positive terms of the berit yeud. However, the Rav does not negate the significance of the berit goral. Even if a Jew relates to Jewishness only on the ethnic level, this at least manifests some connection to the Jewish people. Such individuals should not be discounted from Knesset Israel, nor should they be disdained as hopelessly lost as Jews. Halakhic Jews, although they cling to the berit yeud, must recognize their necessary relationship with those Jews whose connection to Jewishness is on the level of berit goral.

Ultimately, though, Jewish tradition is passed from generation to generation by those Jews who are committed to Torah and halakha. Thus, it is critical that all Jews be brought into the category of those for whom Jewishness is a positive, living commitment. Jewishness based on ethnicity will not ensure Jewish continuity. The Rav credited the masorah community with transmitting Judaism from generation to generation. The masorah community is composed of those Jews for whom transmission of Torah and halakha is the central purpose of life. It was founded by Moses and will continue into the times of the Messiah. Members of the masorah community draw on the traditions of former generations, teach the present generation, plan for future generations. "The masorah community cuts across the centuries, indeed millenia, of calendaric time and unites those who already played their part, delivered their message, acquired fame, and withdrew from the covenantal stage quietly and humbly, with those who have not yet been given the opportunity to appear on the covenantal stage and who wait for their turn in the anonymity of the 'about to be'" ("The Lonely Man of Faith," p. 47).

The masorah community actually embodies two dimensions--the masorah community of the fathers and that of the mothers. The Rav clarifies this point by a personal reminiscence. "The laws of Shabbat, for instance, were passed on to me by my father; they are part of mussar avikha. The Shabbat as a living entity, as a queen, was revealed to me by my mother; it is a part of torat imekha. The fathers knew much about the Shabbat; the mothers lived the Shabbat, experienced her presence, and perceived her beauty and splendor. The fathers taught generations how to observe the Shabbat; mothers taught generations how to greet the Shabbat and how to enjoy her twenty-four hour presence" (“Tribute to the Rebbitzen of Talne," p. 77).

The Rav teaches that Knesset Israel is a prayerful community and a charitable community. "It is not enough to feel the pain of many, nor is it sufficient to pray for the many, if this does not lead to charitable action" ("The Community," p. 22). A responsible member of Knesset Israel must be spiritually awake, must be concerned for others, must work to help those in need. "The prayerful-charity community rises to a higher sense of communion in the teaching community, where teacher and disciple are fully united" ("The Community," p. 23). The community must engage in teaching, in transmitting, in passing the teachings of Torah to new generations.

The Rav, Our Teacher

The Rav, through his lectures and writings, was the most powerful and effective teacher of Orthodoxy of our times. In his lectures, he was able to spellbind huge audiences for hours on end. His Talmudic and halakhic lessons pushed his students to the limits of their intellects, challenging them to think analytically. His insights in Torah were breathtaking in their depth and scope. Those who were privileged to study with him cherish their memories of the Rav. And those who have read his writings have been grateful for the privilege of learning Torah from one of the Torah giants of our time.

The Rav described his own experience when he studied Talmud. "When I sit to 'learn' I find myself immediately in the fellowship of the sages of tradition. The relationship is personal. Maimonides is at my right. Rabbenu Tam at the left. Rashi sits at the head and explicates the text. Rabbenu Tam objects, the Rambam decides, the Ra'abad attacks. They are all in my small room, sitting around my table."
Learning Torah is a trans-generational experience. It links the student with the sages of all previous generations. It creates a fellowship, a special tie of friendship and common cause. It binds together the community in a profound bond of love, and provides the foundation for future generations. Halakhic Judaism represents a millennial Jewish tradition dedicated to Torah and halakha, truth and righteousness, love and fear of God. It demands--and yearns to bring out--the best in us. One who strives to be a member of the trans-generational community does not suffer from spiritual homelessness.

When we and future generations sit down to study Torah, we will be privileged to share our room with Rashi and Maimonides, with Rabbenu Tam and the Rashba. And sitting right next to us will be Rabbi Joseph B. Soloveitchik, his penetrating insights leading us to greater heights in our quest to become "married" to the Torah.

References
Al ha-Teshuvah, written and edited by Pinchas Peli, Jerusalem, 5735.
Besod ha-Yahid ve-ha-Yahad, edited by Pinchas Peli, Jerusalem, 5736.
"The Community," Tradition 17:2 (1978), pp. 7–24.
"Confrontation," Tradition 6:2 (1964), pp. 5–29.
Halakhic Man, translated by Lawrence Kaplan, Philadelphia, 1983.
"The Lonely Man of Faith," Tradition 7:2 (1965), pp. 5–67.
"Majesty and Humility," Tradition 17:2 (1978), pp. 25–37.
"Redemption, Prayer and Talmud Torah," Tradition 17:2 (1978), pp. 55–72.
"A Tribute to the Rebbitzen of Talne," Tradition 17:2 (1978), pp. 73–83.
"U-Vikkashtem mi-Sham," Hadarom, Tishri 5739, pp. 1–83.

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 Jewish Press newspaper has a feature in which questions are posed to a group of rabbis. I am one of the respondents.

A past question (February 12, 2021) struck me as particularly strange: “Should a frum Jew believe the sun goes around earth if the Rambam says it does?” My immediate reaction: how could anyone today, including a frum Jew, think that the sun goes around the earth? Science has advanced prodigiously since the 12^th century, and Rambam himself taught that “a person should never cast reason behind, for the eyes are set in front, not in back.” Rambam relied on the best science of his time. And there can be no doubt at all that he would call on us to rely on the best science available in our time. He would be highly embarrassed by those who, basing themselves on Rambam’s own writings, posit that the sun revolves around the earth, rejecting the advanced science of today.

I concluded my response with these words:  “One of the great dangers for religion—and for human progress in general—is for people to cling to discredited theories and outdated knowledge. Those who cast reason behind thereby cast truth behind. And truth is the seal of the Almighty.”

What I took to be so obvious was apparently not so obvious to the other rabbinic respondents. One of them wrote that “it makes more sense to side with Rambam than it does with Copernicus.” Another respondent asserted that Rambam was not giving a lesson in physics but “was explaining the world according to the Torah.” And the final respondent thought it was “likely” that Rambam would agree with the findings of modern astronomy—likely, but apparently not certain.

How disappointing to realize that there are “frum” people today who feel comfortable denying modern astronomy based on words of a medieval sage. How sad for Rambam’s reputation!

Rambam was one of the greatest luminaries in Jewish history.  A pre-eminent halakhist, philosopher and medical doctor, he was also a brilliant and clear writer. Yet, in spite of his voluminous writings, he still remains misunderstood and misrepresented.

So while I was lamenting the column in the Jewish Press, I was simultaneously pleased to be reading a new book by Menachem Kellner and David Gillis, “Maimonides the Universalist: The Ethical Horizons of the Mishneh Torah,” (Littman Library of Jewish Civilization, London, 2020). Both of these authors have written important works exploring the genuine teachings of Rambam based on a careful reading of Rambam’s own words in his various writings.

This new book offers an important approach to understanding Rambam’s Mishneh Torah—and the Rambam’s general religious worldview as well. By studying the concluding sections of each of the 14 books of the Mishneh Torah, the authors have demonstrated an ethical framework for this halakhic work. Rambam was not only concerned with presenting the laws; he was concerned with inculcating the ethical/spiritual foundations of the laws.

In his Guide of the Perplexed (3:51), Rambam pointed out that all of the Torah’s commandments exist “with a view to communicating a correct opinion, or to putting an end to an unhealthy opinion, or to communicating a rule of justice, or to warding off an injustice, or to endowing men with a noble moral quality, or to warning them against an evil moral quality. Thus all are bound up with three things: opinions, moral qualities, and political civic actions.” In the Mishneh Torah, Rambam applied this insight when presenting the halakhot.

In offering his ethical insights, Rambam does so in what Kellner and Gillis describe as a universalistic manner. Rambam often points to Abraham as a model human being…and Abraham discovered and served God long before the Torah was given. Abraham was not “Jewish;” he was a human being who longed to transmit proper beliefs and behaviors to society. At the precise midpoint of the Mishneh Torah, Rambam teaches “that each and every single human being can be as sanctified as the Holy of Holies” (p. 143). Jews and non-Jews can achieve true piety and spiritual perfection. Being “sanctified” does not depend on genetics but on one’s personal strivings.

In closing his chapter on the “Laws of Slaves,” Rambam notes that the halakha permits working a non-Jewish slave “with rigor.” But he goes on to offer an impassioned call for sensitive and considerate treatment of such slaves.  “Out of halakhah and aggadah, Maimonides constructs a halakhah that moves smoothly but pointedly from seeing the non-Jewish slave as an alien who can be treated as an inferior to seeing him as an equal fellow human being. The upshot is a statement of thoroughgoing universalism, as Maimonides builds towards the establishment of a truly Abrahamic society at the very end of the Mishneh Torah” (p.266).

The Torah offers Jews a distinctive way to understand and serve the Almighty. But Jews do not have a monopoly on God. All human beings, created in God’s image, have access to the Almighty…just as Abraham himself had access long before the time of Moses. Kellner and Gillis note: “The point of the Mishneh Torah as a whole is the creation of a society which gives its members the greatest chance of achieving their perfection as human beings. In this way, the end of the Mishneh Torah comes round to its beginning: just as the beginning of the work deals with matters that relate to all human beings, so do the last chapters” (p. 308).

The authors have produced a remarkable book that allows us to see Rambam not merely as a codifier of laws, but as a promoter of an ethical, universalistic humanitarianism. They have shown the ethical component in Rambam’s ending sections of each of the books of the Mishneh Torah. These ending sections “adjust the tendency of each individual book, generally in a universalist direction, and compose a balanced and integrated picture of halakhah, oriented towards universal conceptions of individual and social perfection. They guide the reader towards an understanding of all the ceremonial commandments as intellectually and morally purposive, and of the social commandments as infused with the divine, creating a sense of reciprocity between intellectual virtue and moral virtue” (p. 319).

Kellner and Gillis have written an impressive book that enables readers to enter more deeply into Rambam’s religious worldview. At a time when Rambam is subject to so much misrepresentation and misunderstanding, it is heartening to read a book that seeks to present Rambam’s teachings in a clear, genuine and convincing manner. Bravo and thank you to the authors.

   Franz Kafka (1883-1924) was a Prague-born Jew, one of the outstanding figures of modern world literature. His name has become an adjective: Kafkaesque. His writings feature eerie situations, disconnected characters, labyrinthine story lines.

     Kafka was raised in a moderately assimilated, German-speaking family, and was not given much of a Jewish education. Trained as a lawyer, he worked full time for an insurance company.  His great ambition was to be a writer, but during the course of his short lifetime he published very little. When he died, he left numerous manuscripts—diaries, stories, novels-- to his closest friend Max Brod, with the instruction that Brod burn all Kafka’s papers! Fortunately, Brod did not heed Kafka’s last wish. He devoted years to organizing Kafka’s papers and getting them published. Great fame came to Kafka…but only after he had died. During his lifetime, he mostly considered himself to be a failure.

     Kafka sensed that he could be a great writer; but he was a perfectionist who never seemed to be satisfied with his own work. In an entry in his diary, June 21, 1913, he wrote: “The tremendous world I have in my head. But how free myself and free it without being torn to pieces. And a thousand times rather to be torn to pieces than retain it in me or bury it. That, indeed, is why I am here, that is quite clear to me” (The Diaries of Franz Kafka, 1910-1913, p. 288). His day job prevented him from devoting himself to his writing. In his diary (August 21, 1913) he complained: “My job is unbearable to me because it conflicts with my only desire and my only calling, which is literature. Since I am nothing but literature and can and want to be nothing else, my job will never take possession of me, it may, however, shatter me completely, and this is by no means a remote possibility….I am, not only because of my external circumstances but even much more because of my essential nature, a reserved, silent, unsocial, dissatisfied person…” (Ibid., p. 299). His diary entry for November 10, 1919 lamented: “I haven’t yet written down the decisive thing. I am still going in two directions. The work awaiting me is enormous” (Franz Kafka, Diaries 1914-1923, p. 190).

     For Kafka, writing was the essence of who he was; and yet he was unhappy with his writing…and with himself. In a letter (November 5, 1912) to his beloved Felice Bauer, he spelled out his dilemma: “Shouldn’t I stake all I have on the one thing I can do?  What a hopeless fool I should be if I didn’t! My writing may be worthless, in which case, I am definitely and without doubt utterly worthless” (Letters to Felice, p. 38). Kafka’s internal life was linked inextricably to his writing, as he explained to Felice (January 14/15, 1913):  “For writing means revealing oneself to excess; that utmost of self-revelation and surrender, in which a human being, when involved with others, would feel he was losing himself, and from which, therefore, he will always shrink as long as he is in his right mind….Writing that springs from the surface of existence—when there is no other way and the deeper wells have dried up—is nothing, and collapses the moment a truer emotion makes that surface shake. That is why one can never be alone enough when one writes, why there can never be enough silence around one when one writes, why even night is not night enough. This is why there is never enough time at one’s disposal, for the roads are long and it is easy to go astray” (Ibid., p. 156). He confided in Felice (March 4/5, 1913): “The trouble is, I am not at peace with myself; I am not always ‘something,’ and if for once I am ‘something,’ I pay for it by ‘being nothing’ for months on end” (Ibid., p. 213).

   Kafka’s life was peppered with failure. He had a very negative relationship with his father. Although he had several lovers, and was actually engaged to be married, he never did marry. He was unhappy with his office work. He wasn’t satisfied with his writing. He suffered from tuberculosis and died while just forty one years old. If it were not for the devoted efforts of Max Brod, Kafka would have been just another forgotten scribbler who made no perceptible impact on the world of literature. But as it happened, Franz Kafka, the Prague-born Jew who suffered so much and died so young, became a leading light in modern literature.

     Kafka’s works are characterized by unexpected and inexplicable events. In Amerika, an early unfinished novel, the main character is a European young man who has to flee to America; he befriends the ship’s stoker and they decide to work together once they arrive in the new land. But when the young man and the stoker go to the captain’s office, they find the captain speaking with a senator—who happens to be the young man’s uncle! The senator immediately takes responsibility for the young man and treats him very well. But at some point the nephew offends his uncle, who immediately disowns him. Left to his own devices, the young man has various adventures, most of which end badly.

     In his most famous novel, The Trial, the main character is simply identified as Josef  K. He seems to be a perfectly respectable man, but is one day confronted by officials who place him under arrest. K. asks: “But why?’ The men reply: “We weren’t sent to tell you that. Go to your room and wait. Proceedings are under way and you’ll learn everything in due course” (The Trial, p. 5). K. is outraged and wants to defend himself, even though he does not know what charges have been brought against him. K. is advised: “You can’t defend yourself against this court, all you can do is confess. Confess the first chance you get. That’s the only chance you have to escape, the only one. However, even that is impossible without help from others…” (p. 106). K. seeks help from others, to no avail. He thinks about submitting a petition in his defense, but that turns out to be another hopeless approach. The “court” itself is in a nondescript building, with a confusing group of officials and defendants scattered here and there. K.’s situation is a nightmare…but it is not a dream. It is reality, and his life depends on getting acquitted. He is told:  “Our judges, then, lack the higher power to free a person from the charge, but they do have the power to release them from it. When you are acquitted in this sense, it means the charge against you is dropped for the moment but continues to hover over you, and can be reinstated the moment an order comes from above” (p. 158). In other words, the accused is always condemned to live under threat of arrest. He does not know his crime. He does not know who is making charges against him. He does not have the opportunity to defend himself before a responsible panel of judges. He is guilty, and will forever be guilty, without knowing why, and without any defense.  The novel ends with two men coming to K. to execute him. “But the hands of one man were right at K.’s throat, while the other thrust the knife into his heart and turned it there twice. With failing sight K. saw how the men drew near his face, leaning cheek-to-cheek to observe the verdict. ‘Like a dog!’ he said; it seemed as though the shame was to outlive him” (p. 231).

     What was the shame that was to outlive K.’s execution? Perhaps it was the very shame of being human, of living in an unjust and unforgiving world, of suffering perpetual guilt even when one is innocent. The shame was not just K.’s. The executioners are shameful individuals; they are nameless and faceless bureaucrats who follow orders even when those orders are wicked and cruel. They commit cold-blooded murder under the guise of obeying the prevailing legal system. Did Kafka eerily foresee the Nazi era when Jews, innocent like K., were simply arrested, accused, imprisoned, murdered…all in the name of the Nazi legal system?

     Kafka’s sense of human helplessness is a theme in his novel, The Castle. K. is a land surveyor who receives an order to do some work for “the castle.” When he arrives, he is not at the castle, but in the village. A vast maze separates the castle and the village, and K. has a frustrating time trying to find his way to the castle. He seeks advice; he tries different strategies…all to no avail. As he remains in the village, he is ominously told:  “You are not from the Castle, you are not from the village, you aren’t anything. Or rather, unfortunately, you are something, a stranger, a man who isn’t wanted and is in everybody’s way, a man who’s always causing trouble…” (pp. 63-64). This is a classic Kafka dilemma. K. seems to be an honorable person with a respectable profession, a land surveyor; and yet, he is totally at a loss in the face of a massively complicated system he cannot negotiate. He doesn’t belong, he can’t belong, he will never belong. K. is the eternal misfit, the condemned stranger.

     The signature Kafka feelings of alienation fill his stories. In “Investigations of a Dog,” the dog complains: “But where, then, are my real colleagues? Yes, that is the burden of my complaint; that is the kernel of it. Where are they? Everywhere and nowhere” (The Great Wall, p. 23). In “The Burrow,” the mole digs a maze of holes in which it can feel safe from predators. But it never feels safe. “There have been happy periods in which I could almost assure myself that the enmity of the world towards me had ceased or been assuaged, or that the strength of the burrow had raised me above the destructive struggle of former times” (Ibid, p. 55). In his story, “He,” Kafka poignantly describes his dilemma: “He has the feeling that merely by being alive he is blocking his own way. From this sense of hindrance, in turn, he deduces the proof that he is alive” (Ibid., p. 154). In his most famous story, “Metamorphosis,” the “hero” turns into a despicable cockroach, unable to function within his family, at work, or anywhere else. Ultimately, he dies without ever having fulfilled his role as a human being.

     Some students of Kafka have viewed him primarily as an alienated and estranged Jew. Yet, his characters have no distinctive identifying qualities, and some don’t even have full names. Even if the characters may reflect the classic dilemma of alienated Jews in Western society, they obviously relate to the general human predicament in modern times: the growth of bureaucracies, the insignificance of individuals, the feeling of powerlessness against the “establishment,” the loss of traditional religious and sociological moorings. Kafka is widely read and widely respected because his writing touches moderns in a unique and piercing fashion.

     But Kafka’s Jewishness was an essential part of who he was. Even if he was not devoutly religious in a traditional sense, he identified as a Jew, he studied Hebrew, he attended Yiddish language dramatic presentations, and he felt a connection with the national Jewish aspirations connected with Zionism. In his diary (December 25, 1911) Kafka noted his Jewish roots: “In Hebrew [actually Yiddish] my name is Amschel, like my mother’s maternal grandfather, whom my mother, who was six years old when he died, can remember as a very pious and learned man with a long, white beard” (The Diaries of Franz Kafka, 1910-1913), p. 197).  A few years later (December 17, 2013), he has the following entry in his diary: “The good strong way in which Judaism separates things. There is room there for a person. One sees oneself better, one judges oneself better” (p. 324).

     Kafka was not impressed with the “churchly” qualities of Germanic synagogues that attempted to be modern and dignified. He was drawn more closely to Eastern European Jewish immigrants who seemed to be genuinely religious. On Yom Kippur in 1911, he attended the Altneu Synagogue of Prague, which he described as having the “suppressed murmur of the stock market.” By contrast, though, he noted three pious, apparently Eastern Jews, in socks, bowed over their prayer books. They were praying humbly; two of them were crying (Ibid., p. 72). Kafka saw these Eastern Jews as more sincere religiously, more authentic.

     His sympathetic view of Eastern Jews was evidenced in a letter to Milena Jesenska (September 7, 1920). He described a hall where over one hundred Russian-Jewish emigrants were waiting for American visas, in a crowded, uncomfortable situation. Kafka wrote that “if someone had told me last night I could be whatever I wanted, I would have chosen to be a small Jewish boy from the East, standing there in the corner without a trace of worry, his father talking with the men in the middle of the hall” (Letters to Milena, p. 197).

     In a letter to Felice Bauer (January 10/11, 1913), Kafka reflects on the sad state of Jewish life. “Because the Jewish public in general, here at any rate, have limited the religious ceremonies to weddings and funerals, these two occasions have drawn grimly close to each other, and one can virtually see the reproachful glances of a withering faith” (Letters to Felice, p. 151). The loss of religious vitality was not restricted to Jews, but was a phenomenon of modernity. “Today there is no sin and no longing for God. Everything is completely mundane and utilitarian. God lies outside our existence. And therefore all of us suffer a universal paralysis of conscience” (Conversations with Kafka, p. 51).

     But the Jews faced greater insecurity and self-doubt than others. “Their insecure position, insecure within themselves, insecure among people, would above all explain why Jews believe they possess only whatever they hold in their hands or grip between their teeth, that furthermore only tangible possessions give them a right to live, and that finally they will never again acquire what they once have lost—which swims happily away from them, gone forever. Jews are threatened by dangers from the most improbably sides, or, to be more precise, let’s leave the dangers aside and say: ‘They are threatened by threats’” (Letters to Milena, p. 20).

     Kafka’s first-hand experience with anti-Semitism led him to wonder about the Jewish future. Writing in Prague (November 8, 1920), he made his concerns clear:  “I’ve been spending every afternoon outside on the streets, wallowing in anti-Semitic hate….Isn’t it natural to leave a place where one is so hated?...I just looked out the window: mounted police, gendarmes with fixed bayonets, a screaming mob dispersing, and up here in the window the unsavory shame of living under constant protection” (Ibid., p. 219). Like K. in The Trial, Kafka stood accused by people he did not even know, and who did not know him. He was oppressed, without knowing why, and without any satisfactory recourse to justice.

     Zionism was a logical answer for Jews who were in search of a safe space of their own, a place where they could shape their own lives and destinies. “The Jews today are no longer satisfied with history, with an heroic home in time. They yearn for a modest ordinary home in space. More and more young Jews are returning to Palestine. That is a return to oneself, to one’s roots, to growth. The national home in Palestine is for the Jews a necessary goal” (Conversations with Kafka, p. 105).

     His beloved Milena Jesenska wrote words of remembrance about Kafka as a posthumous tribute. “He was shy, anxious, meek, and kind, yet the books he wrote are gruesome and painful.  He saw the world as full of invisible demons, tearing apart and destroying defenseless humans. He was too clairvoyant, too intelligent to be capable of living, and too weak to fight….He understood people as only someone of great and nervous sensitivity can, someone who is alone, someone who can recognize others in a flash, almost like a prophet” (Letters to Milena, pp. 273-74).

                                         *     *     *

           I first read Kafka in our freshman English class at Yeshiva College. We were assigned to read “Metamorphosis,” and I was vaguely intrigued and repelled by the story. I went on a “Kafka binge,” reading one book after the other; and then I stopped reading Kafka for many years.

           For college age students, Kafka has a particular appeal. He is original, surprising; he doesn’t follow conventional patterns. His loneliness and alienation, his frustration with the “establishment,” his desire for personal greatness—these qualities resonate in the minds and souls of young aspiring thinkers and writers.  

           But then I came back to Kafka’s books much later in life, when I was well into “middle age.” Surprisingly, I found that Kafka still spoke to me clearly, powerfully, cogently. When I read his novels, I found myself laughing out loud at some of the absurd scenes; but I also found myself shaking within at the pathos, the dread.

           And now, as a man in my late 70s, I still read Kafka and find him powerful and pertinent. The world hasn’t improved much, if at all, from the time that Kafka was writing his ominous stories. He continues to be a prophetic voice. If only humanity would listen!

References

Amerika, Schocken Books, New York, 2008.

The Castle, Schocken Books, New York, 1974

The Diaries of Franz Kafka, 1910-1913, ed. Max Brod, Schocken Books, New York, 1965.

The Diaries of Franz Kafka, 1914-1923, ed. Max Brod, Schocken Books, New York, 1965.

Franz Kafka, Letters to Felice, ed. Erich Heller and Jurgen, Schocken Books, New York, 2016.

Franz Kafka, Letters to Milena, ed. Philip Boehm, Schocken Books, New York, 1990.

The Great Wall of China, Schocken Books, New York, 1970.

The Trial, Schocken Books, News York, 1998.

Balint, Benjamin, Kafka’s Last Trial, W. W. Norton Company, New York, 2019.

Brod, Max, Franz Kafka, A Biography, Da Capo Press, New York, 1995.

Janouch, Gustav, Conversations with Kafka, New Directions Books, New York, 2012.

Although Jews have faced anti-Semitism from time immemorial, it always comes upon us as something new. It surprises us. We don’t understand it.

We strive to be good people, good citizens; we are kind hearted and generous. We devote ourselves to the education of our children, to the betterment of society, to justice and compassion. We have our share of faults along with all other human beings; but by and large, we are a good, responsible, hard-working community.

And yet, no matter what we do, people hate us! They don’t see us as individual human beings but as a vast stereotype. They don’t care if we are religious or not religious; if we are liberals or conservatives. If we are Jewish, they are against us and want to hurt us.

It was once thought that the establishment of the State of Israel would bring anti-Semitism to an end. After all, Jews would then have a feeling of security in the world, a safe haven where no one would bother us.

But the Jewish State has simply become a new target for the anti-Semites. They now couch Jew-hatred for hatred of “the Zionists.” Anti-Semites don’t have a problem with Hamas firing thousands of missiles at civilian centers in Israel; but when Israel responds by bombing the enemy, Israel is immediately condemned and vilified by the haters. For the anti-Semites, Israel is always wrong regardless of what it does or doesn't do.

Happily, there are many millions of people who feel warmly toward Jews and the Jewish State. Happily, many millions of people admire the accomplishments of the State of Israel in the face of so many obstacles; they respect Israel’s right—and obligation—to defend its citizens.

But when we see outbreaks of blatant anti-Jewish violence, anti-Jewish rhetoric, anti-Israel demonization—it surprises and pains us!  In spite of thousands of years dealing with anti-Jewish hatred and persecution, we still are not used to it. We somehow think that humanity will improve, will judge us fairly. We grow optimistic at any sign of peace and understanding, mutual cooperation and solidarity.

We keep telling ourselves that most people are good and that reason will ultimately prevail. The haters will eventually overcome malice and violence; they will realize the value of peaceful and respectful cooperation. In a world of over seven billion human beings, surely there must be room for the infinitesimal presence of 15 million Jews. In a world with so many countries, surely there must be room for one tiny Jewish State that wants nothing more than to be able to live in peace and security.

But the anti-Semites and anti-Zionists don’t really care. They don’t want to be reasoned with; they don’t want to listen. They have their agenda of hate.

Saul Bellow, the American novelist who won the Nobel Prize for Literature in 1976, wrote in his book To Jerusalem and Back: A Personal Account: “…There is one fact of Jewish life unchanged by the creation of a Jewish state: you cannot take your right to live for granted. Others can; you cannot. This is not to say that everyone else is living pleasantly and well under a decent regime. No, it means only that the Jews, because they are Jews, have never been able to take the right to live as a natural right….This right is still clearly not granted them, not even in the liberal West.”

Bellow’s complaint is not new. Jews throughout the generations have had to face the same stark reality: Jews, because they are Jews, cannot take the right to live as a natural right.

That’s the sad part of the story.

But that’s not the end of the story. Even if there has long been hatred and violence directed against Jews…we are still here! We continue to live, to thrive, to hope.

The late Jewish thinker, Simon Rawidowicz, wrote an essay about “Israel: the Ever-Dying People.” He noted that Jews have often felt that theirs was the last Jewish generation. Jewish survival seemed hopeless. But although we were “ever-dying,” we were in fact ever-living! We often felt despair; but hope and persistence prevailed. Jews found ways to overcome all who would decimate us.

Although current manifestations of anti-Semitism and anti-Zionism are ugly and painful, we must take the long view of things. This isn’t the first period of Jewish history where Jews faced viciousness and violence. It likely won’t be the last period either. But long experience has taught us to stay strong, stay confident, stay positive. The challenge to our generation is to stand tall as Jews, to stand strong on behalf of Israel.

And we do look forward to a time when humanity will overcome the disease of anti-Semitism.  Meanwhile, we recall the words of Rav Nahman of Bratslav: All the world is a narrow bridge; the essential thing is not to be afraid, not to be afraid at all.