Min haMuvhar

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.

With their military victory over the Hellenistic Syrians, the Maccabees entered the Temple in Jerusalem and rededicated it to the worship of God. According to Jewish tradition, they found one jar of pure oil with enough to last for one day. They lit the Menorah and the oil miraculously burnt for eight days, enough time to produce a new batch of pure oil.

When we tell this story year after year, we tend to imagine that the Maccabees found the beautiful gold Menorah of the Temple in its place, and they simply added the pure oil to it.

Yet, this would be truly remarkable. The Syrians had control of the Temple for a long stretch of time and they surely would have plundered all the valuable items within it. It would have been very unlikely for them to have left an impressive gold candelabrum in its place.

A midrash suggests that when the Maccabees entered the Temple, they indeed did not find the Menorah there. It had already been stolen by the enemies of the Jews. So the Maccabees improvised by putting together a make-shift Menorah made of spears. The midrash (Pesikta Rabbati 2:1) surmises that the spears had been left behind by the Syrian soldiers who fled in haste during their defeat.

So the Menorah of the original Hanukkah was made of the spears of our enemies!

This midrash is teaching a profound lesson. The very weapons with which our enemies sought to destroy us—those very weapons were used to spread the light of Judaism! The Maccabees were demonstrating that their victory was not merely successful in a military sense. Rather, it was also—and pre-eminently—a spiritual victory. The enemy’s spears were transformed into branches of the Menorah, bringing light into the Temple, restoring worship of the One true God.

The Haftarah that we read on Shabbat Hanukkah includes the famous words of the prophet Zechariah: “Not by might nor by power, but by My spirit said the Lord of hosts” (Zechariah 4:6).

Not by spears, not by guns, not by missiles, not by terrorism, not by political intimidation: these weapons of our enemies will not prevail. We will transform their weapons into sources of light and peace. We will create a Menorah of righteousness that will inspire the world to a loftier and more spiritual vision.

To quote from the Passover Haggadah, “in each generation they arise to destroy us and the Almighty saves us from their hands.” The Jews seem always to have been the conscience of the nations—and many people do not like a conscience, especially a guilty conscience. They attack us because they are afraid of what we symbolize: a nation dedicated to One God, to an elevated morality, to social justice.

But the ongoing flourishing of Jews and Judaism is our unflinching testimony that the spirit of God will ultimately prevail among humanity. The spears of enmity and warfare will one day be transformed into branches of a Menorah, bringing light and hope to all human beings. May it be soon and in our days!

       Martin Buber (1878-1965), born in Vienna, was one of the great Jewish philosophers of his time. In 1938, with the rise of Nazism, Buber relocated to Jerusalem where he became a brilliant Israeli voice for a wiser and more understanding humanity.

     In his famous book, I and Thou, Buber pointed out that human relationships, at their best, involve mutual knowledge and respect, treating self and others as valuable human beings. An I-Thou relationship is based on understanding, sympathy, love. Its goal is to experience the “other” as a meaningful and valuable person. In contrast, an I-It relationship treats the “other” as an object to be manipulated, controlled, or exploited. If I-Thou relationships are based on mutuality, I-It relationships are based on the desire to gain functional benefit from the other.

     Buber wrote: “When a culture is no longer centered in a living and continually renewed relational process, it freezes into the It-world, which is broken only intermittently by the eruptive, glowing deeds of solitary spirits” (I and Thou, p. 103). As we dehumanize others, we also engage in the process of dehumanizing ourselves. We make our peace with living in an It-world, using others as things, and in turn being used by them for their purposes.

     The line between I-Thou and I-It relationships is not always clear. Sometimes, people appear to be our friends, solicitous of our well-being; yet, their real goal is to manipulate us into buying their product, accepting their viewpoint, controlling us in various ways. Their goal isn’t mutual friendship and understanding; rather, they want to exert power and control, and they feign friendship as a tactic to achieve their goals.

     Dehumanization is poisonous to proper human interactions and relationships. It is not only destructive to the victim, but equally or even more destructive to the one who does the dehumanizing. The dehumanizer becomes blinded by egotism and power-grabbing at any cost. Such a person may appear “successful” based on superficial standards but is really an immense failure as a human being.

     I-It relationships are based on functionality. Once the function no longer yields results, the relationship breaks. I-Thou relationships are based on human understanding, loyalty and love. These relationships are the great joy of life. Buber is fully cognizant of the fact that human beings live with I-Thou and I-It realities. “No human being is pure person, and none is pure ego; none is entirely actual, none entirely lacking in actuality. Each lives in a twofold I. But some men are so person-oriented that one may call them persons, while others are so ego-oriented that one may call them egos. Between these and those true history takes place” (Ibid., p. 114).

     Buber speaks of another relationship beyond I-Thou and I-It: the I-Eternal Thou.  Human beings not only stand in relationship to each other, but to God. “One does not find God if one remains in the world; one does not find God if one leaves the world. Whoever goes forth to his You with his whole being and carries to it all the being of the world, finds him whom one cannot seek. Of course, God is the mysterium tremendum that appears and overwhelms; but he is also the mystery of the obvious that is closer to me than my own I” (Ibid., p. 127).

     Buber views the relationship with God as a human yearning, an imperfect search for ultimate Perfection. Faith is a process; it fluctuates; it is not something that, once attained, can be safely deposited in the back of one’s mind. “Woe unto the possessed who fancy that they possess God!” (Ibid., p. 155). Elsewhere, Buber elaborates on this point: “All religious expression is only an intimation of its attainment….The meaning is found through the engagement of one’s own person; it only reveals itself as one takes part in its revelation” (The Way of Response, p. 64).

     Buber was attracted to the spiritual lessons of the Hassidic masters who refused to draw a line of separation between the sacred and the profane. Religion at its best encompasses all of life and cannot be confined to a temple or set of rituals. “What is of greatest importance in Hasidism, today as then, is the powerful tendency, preserved in personal as well as in communal existence, to overcome the fundamental separation between the sacred and the profane” (Hasidism and Modern Man, p. 28).  The goal of religion is to make us better, deeper human beings, to be cognizant of the presence of God at all times. “Man cannot approach the divine by reaching beyond the human; he can approach Him through becoming human. To become human is what he, this individual man, has been created for. This, so it seems to me, is the eternal core of Hasidic life and of Hasidic teaching” (Ibid., pp. 42-43).

     Buber finds inspiration in the Jewish religious tradition. The biblical heroes “do not dare confine God to a circumscribed space of division of life, to ‘religion.’ They have not the insolence to draw boundaries around God’s commandments and say to Him: ‘up to this point, You are sovereign, but beyond these bounds begins the sovereignty of science or society or the state’” (The Way of Response, p. 68). Israel’s genius was not simply in teaching that there is one God, “but that this God can be addressed by man in reality, that man can say Thou to Him, that he can stand face to face with Him….Only Israel has understood, or rather actually lives, life as being addressed and answering, addressing and receiving answer….It taught, it showed, that the real God is the God who can be addressed because He is the God who addresses” (Ibid., p. 179).

     A central goal of religion is to place a human being in relationship with the Eternal Thou. Yet, Buber notes with disappointment: “The historical religions have the tendency to become ends in themselves and, as it were, to put themselves in God’s place, and, in fact, there is nothing that is so apt to obscure the face of God as a religion” (A Believing Humanism, p. 115). The “establishment” has become so engaged in perpetuating its institutional existence that it has lost its central focus on God. “Real faith…begins when the dictionary is put down, when you are done with it” (The Way of Response, p. 61). The call of faith must be a call for immediacy. When faith is reduced to a set of formulae and rituals, it moves further from face to face relationship with God.

     People are greatly in need of a liberating religious message. We yearn for relationship with our fellow human beings; we reach out for a spiritual direction to the Eternal Thou. Our dialogues are too often superficial, inauthentic. It is not easy to be a strong, whole and self-confident I; it is not easy to relate to others as genuine Thous; it is a challenge to reach out to the Eternal Thou. Yet, without these proper relationships, neither we nor our society can flourish properly.

     Buber’s writings had a powerful impact on many thousands of readers, including the Swedish diplomat, Dag Hammarskjold (1905-1961), who served as the second Secretary General of the United Nations, from April 1953 until his death in a plane crash in September 1961. These two remarkable men met at the United Nations not long after Buber had given a guest lecture at Princeton University in 1958. Hammarskjold had written to tell Buber “how strongly I have responded to what you write about our age of distrust.”

     Buber described his meeting with the Secretary General of the U.N. where both men shared a deep concern about the future of humanity. Will the nations of the world actually unite in mutual respect and understanding? Or will they sink into a quagmire of antagonisms, political infighting…and ultimately, the possible destruction of humanity through catastrophic wars?

     Buber noted: “We were both pained in the same way by the pseudo-speaking of representatives of states and groups of states who, permeated by a fundamental reciprocal mistrust, talked past one another out the windows. We both hoped, we both believed that….faithful representatives of the people, faithful to their mission, would enter into a genuine dialogue, a genuine dealing with one another out of which would emerge in all clarity the fact that the common interests of the peoples were stronger still than those which kept them in opposition to one another” (A Believing Humanism, pp. 57-59).

     It was this dream that linked Buber and Hammarskjold—a dream that diplomats would focus on the needs of humanity as a whole, and not simply hew to their own self-serving agendas. Indeed, this was the founding dream of the United Nations: to be an organization that would bring together the nations of the world to work in common cause for the greater good of humanity.

     In January 1959, Hammarskjold visited Buber in Jerusalem. Again, their conversation focused on the failure of world diplomacy to create an atmosphere of trust and mutual cooperation. There were some steps forward, to be sure; but by and large, the harmony of the nations had not come to pass. “Pseudo-speaking” and “fundamental reciprocal mistrust” continued unabated. The representatives continued to “talk past one another out the windows.”

     Hammarskjold believed that Buber’s teachings on the importance of dialogue needed as wide a following as possible. After Hammarskjold was killed in a plane accident, Buber was informed that the Secretary General of the U. N. was working on a Swedish translation of I and Thou on the plane. His last thoughts were about dialogue, mutual understanding, sympathetic interrelationships among human beings.

     Hammarskjold died in 1961. Buber died in 1965. Did their dreams for the United Nations and for humanity also die with them? Has the United Nations become a beacon of hope for genuine human dialogue? Do the diplomats work harmoniously for the good of humanity? It would appear that instead of being a bastion of human idealism, the United Nations has become a political battleground where the fires of hatred and bigotry burn brightly.

     We justly lament the viciously unfair treatment of Israel at the U.N. We justly deplore the anti-Americanism that festers within the United Nations.  But these ugly manifestations of anti-Israel and anti-American venom are symptoms of the real problem: the United Nations has become a central agency for hatred, political maneuvering, and international discord. It has not lived up to the ideals of its founders; it has betrayed the dreams of Buber and Hammarskjold; it has become a symbol of so much that is wrong in our world.

A while ago, I received a note from a friend with the following quotation: “Friendship isn’t about whom you have known the longest….It’s about who came and never left your side.”

Among the basic ingredients of true friendship are: loyalty, trust, mutual commitment, shared ideals. Friends are very special to us because we know that they are there for us, just as we are here for them.

When we have the safe haven of a true friend and genuine friendship, we have something precious beyond words. Friends make life worthwhile because they embody the powers of goodness, trustworthiness and love.

Friendship is about those special people who are part of our lives and who have never left our side. Friendship is about people who believe in us and in whose goodness we believe. Friendship is about people who really care about us, just as we really care about them. Friendship is about loyalty and trust, commitment and sharing.

There is a category of friendship that ties us together with people we may hardly know or whom we have never even met. This kind of friend—also true and loyal—is someone with whom we share ideas, ideals and aspirations. The friendship is not based on face to face interactions, but on the interactions of our minds, our hearts and souls. It is spiritual friendship of kindred minds and souls.

We have various communities of such friends: people with whom we share a religious vision; and/or a vision for society; and/or a humanitarian cause; and/or a commitment to art, literature, science etc. Although we may not know these friends personally, we know we can count on them --just as they can count on us-- in our shared commitments to ideas and ideals in which we believe. These are people who have come into our lives and never left our sides. They are with us, as we are with them.

We are marking the 16th anniversary of the Institute for Jewish Ideas and Ideals, founded in October 2007. During these amazing years, the Institute has grown into an important force on behalf of an intellectually vibrant, compassionate and inclusive Orthodox Judaism. Our website jewishideas.org has been attracting many thousands of visits per month; our journal, Conversations, is read by thousands of readers worldwide; our University Network has included hundreds of students, with programs on many American campuses. Our National Scholar’s online learning link and our Zoom classes have brought Torah wisdom to a large audience, as has our youtube channel youtube.com/jewishideasorg. Our "Sephardic Initiative" is focusing on teacher training, publications, online resources. The Institute has been here as a resource for the many people seeking guidance in Jewish law, tradition, worldview.

The Institute for Jewish Ideas and Ideals began as an idea, as a framework for reshaping the thinking within the Orthodox Jewish community and beyond. It has been a strong, steady voice for diversity, creativity, dynamism. It has been a strong, steady voice against authoritarianism, obscurantism, extremism and sectarianism.

The Institute for Jewish Ideas and Ideals has made great strides of progress in the past sixteen years, and we hope it will continue to grow dramatically in the years ahead.

How did we get to this point? How did our Institute community manage to undertake so many projects and raise millions of dollars to fund our work?

The real answer is encapsulated in one word: friendship.

True and trusted personal friends have never left our side. They have stood with us in our successes and in our setbacks. They have rejoiced at our victories and offered consolation and encouragement at our failures.

Along with these true and trusted personal friends, we have been fortunate to have won the spiritual friendship of thousands of like-minded people throughout the world. We have a large and growing circle of friends who believe in the ideas and ideals of our Institute; who invest generously in our work; who are partners in the Institute’s efforts. Through our shared religious vision, all of us are making a stand for a better, more intelligent, more diverse, more compassionate Orthodox Judaism…a better Judaism for all Jews and for society as a whole.

As we celebrate our 16th anniversary milestone, I express my deep and abiding gratitude to the friends who have stood with us faithfully. I thank personal friends for being there for us, as I hope we have been here for them. I thank our large community of spiritual friends—Institute members and supporters—who have joined us shoulder to shoulder in our important work.

I thank Board members of the Institute for their friendship, leadership and support: Isaac Ainetchi, Rabbi Hayyim Angel, Daniel Cohen, Andre Guenoun, Nugzari Jakobishvili and Gilles Sion. We remember with love and respect our late Board member Stephen Neuwirth, of blessed memory. I thank Alan Shamoon and the Apple Bank for Savings for making office space available to our Institute.

I thank the Institute’s talented staff for their remarkable work: Rabbi Hayyim Angel, National Scholar; Andre Guenoun, Business Manager; Ronda Angel Arking, Managing Editor; Laurynn Lowe, Website Manager; and David Olivestone, Production Manager of Conversations.

I thank the Almighty Who has sustained us and enabled us to reach this milestone.

(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.