National Scholar Updates

Mediation, Jewish Marriage, Jewish Divorce, and Agunah

 

Mediation, Jewish Marriage, Jewish Divorce, and Agunah

                                           By Rabbi Martin Rosenfeld

 

The late Rabbi Harry Wohlberg Z’L taught Medrash at Yeshiva University to generations of Semicha students.  He asked his students on one occasion to explain why the Talmud states that the Mizbaeach itself cries for the couple going through a divorce proceeding.  Why was this metaphor of a “crying altar” used?  Rabbi Wohlberg explained that the altar was the scene of bloody activity on a daily basis, it had become de-sensitized to blood and gore, but yet it could not tolerate the scene of a couple seeking to end their marital relationship.

 

Divorce takes its toll on many individuals, in a ripple effect.  It is no wonder that divorce is frequently listed among the 5 biggest traumas in the adult experience.  Unfortunately, its negative impact affects multiple generations, with children often the greatest victims of all.

 

It is estimated that more than half of the marriages in the U.S. will end up in divorce.  I have not seen comparable statistics for Jewish marriages but we know intuitively that this rate of divorce is growing significantly.  In my post-rabbinic career, I have chosen to work in the field of divorce as a Divorce Mediator.  I find this work to be both satisfying and greatly needed.  I can think no situation, with the possible exception of custody disputes, where mediation is not infinitely more beneficial and therapeutic that that which can be found in the traditional adversarial system of battling attorneys.

 

Mediation, unlike litigation, fully involves the couple in an open discussion and negotiation concerning the conditions of the divorce settlement.  This discussion is facilitated by a mediator who serves as a neutral party, assisting the couple in reaching an agreement.  Mediation is an optimistic profession in that it believes that adults, even when they possess variant interest and needs, can reach an accord that will be fair and balanced.  Mediation utilizes skills that the couple will need to use even after the divorce if they share e.g. children.  Mediation allows the couple to close the door on their marriage, but not slam it.  It is an example of what constructive communication can yield.

 

There is a Chassidic “vort” that defines Pesach as the combination of two words: Peh Sach.  “The mouth began to speak”.  We show our most basic humanity when we become free enough to state opinions, wants and needs.  Through the medium of speech we can define problems and we can then begin to seek solutions.  The ability of a couple, even in the midst of divorce, to seek solutions rather than blame, lies at the heart of mediation.  More importantly, mediation trains the couple in the power of working collaboratively towards a shard goal.  The need for such positive and focused conversation can serve us on the communal level as well.

 

A question that occurs to me often is why our society expects a couple to marry as Bnai Torah and yet allows them (frequently) to divorce as battle-hardened mercenaries.  Judaic values are often observed only in their breach when many couples negotiate their divorce settlement.  This situation is aggravated exponentially when the rancor becomes so great that the Get becomes a bargaining chip. It is, at times, to our chagrin, withheld (or not accepted) by the recalcitrant spouse.   I would like to propose in an outline form below some suggestions that deal with Jewish divorce and the painful status of the Jewish Agunah. (Additional thoughts may be found at my website, www.glattyashar.com).  Many of these thoughts derive from the model of mediation where finger-pointing is rejected in favor of constructive searches for solutions and frank discussion.  However, one caveat is in order.  In order to discuss Jewish divorce, we first need to discuss Jewish marriage.  In like manner, in order to discuss Agunah concerns, we must communally first address Jewish marriage as it currently exists.

 

                                                            II

Social critics have often commented on how society tests for driving competence before it issues a motor vehicle license, but does not do so before it issues a marriage license.  How do we prepare our future generation for married life in a society which becomes accepts “disposable” relationships as a cardinal principle of romantic faith?  I believe we need to apply our education paradigms towards martial preparation and counseling.  Many communities have begun projects, often called Chupah Project” “Shalom Project” etc.  In some communities, such programs involve an interface between e.g. Jewish Family Services and the rabbinic community. The purpose of these programs is to offer sessions with the newly-engaged couples in order to teach communication skills, introduce halachic norms, and offer guidance on issues that will need to be negotiated in marital life.  For many couples, this will represent their first opportunity to meet community professionals in the religious sphere as well as that of the mental health arena.  The group setting offers the couple a chance to listen and also a chance to dialogue.  They are introduced to potential challenges and also strategies for a successful resolution of the same.  The couple learns to listen, to talk, and to problem-solve these are qualities that serve us all well in our daily exchanges.

 

I have seen in recent years a dramatic growth of mental health professionals who are well-versed in both Jewish law and social theory and practice.  It is no longer unusual to see a young man/woman go through many years of Yeshiva education and then choose to serve her/his community by electing to serve as a mental health practitioner.  The rabbinate and the mental health professionals need to work hand-in-hand and cross-refer when appropriate in this area.  It would be a worthy project to have a national roster of such professionals whose expertise in the areas of marital life and Shalom Bayit make them a natural resource for married couples.  I know of no organization that is limited to those who specialize in issues affecting married life but I think the need for such a group is self-evident.

 

The role of Roshei Yeshiva has been discussed and debated in multiple journal entries.  I will only offer the observation that the influence of these leaders among our young adults is undeniably great.  I do believe that their role in stressing the need to learn proper communication skills would be most valuable.  These rabbinic leaders should encourage students to seek professional intervention when this is called for.  Their lectures should stress the need for positive communication and the need to seek solutions in a spirit of collaboration. Finally, these leaders, and others, when confronting the reality of the dissolution of a marriage, should encourage the positive method of mediation rather than the divisive alternative of lengthy confrontation and litigation. (As an aside, mediated divorces have been projected as representing 20% of the cost of a litigated divorce.  The money savings is however far from being the real benefit of such an approach.).  We need, in short, to teach the skills needed for a positive home life, reinforce them, give Chizuk where needed and set a tone for an integration of Jewish values couples with insights from contemporary social thought.  We also need to remember the advice that “Values are not taught, they are caught”.

 

Preparation for married life needs to be a prime focus of our educational and communal curricula.  We must ask how are we to train our students for the life skills they will need for successful married life.  Yemei Iyun on such topics as communication skills, pre-nuptial agreements, Jewish sexuality need to be more widespread.  More importantly, we need to ask what objectives we seek, and how to we plan to get there.  It might be appropriate to recall the thought that “If you don’t know where you are going, all roads will take you there”.  I daresay that we know where we are going.  My question is directed at the query as to whether we know how to get there.

 

                                                                       

                                                            III

There is an oft-quoted story about the young child who saw some starfish awash on the seashore.  She took them one at a time and hurled them back into the sea.  She was asked “There are so many starfish here, do you think you can possibly help them all?” She answered: “I don’t know but I just made a difference in the life of the the one I sent back to the ocean”.  I do not have a solution which will remedy the “Agunah problem”. I do believe however, that like the girl in the story, we need to focus attention on the micro as much as the macro, i.e. why do we have an Agunah problem, and can we make a difference?”

 

A few years ago, Attorney Joseph Rackman, wrote an article about a registry that would contain the names of recalcitrant spouses.  Their respective communities would put the appropriate pressure on such individuals to hopefully bring about the desired effect of effecting the granting of Gittin.  I met with Attorney Rackman to discuss his proposal and made a suggestion.  Should we not first meet with each spouse who was acting in such a defiant fashion and explore what was sparking their unacceptable behavior?  It is easy to accuse all recalcitrant spouses of being “money-hungry” and manipulative. However, this may not have been the original trigger.  There may have been a call for “someone to listen” that was never heeded. There may have been a negative experience with a Bait Din. There may have been pre-existing threats from the opposing spouse. Idle legal threats may have caused a violent reaction. We will never know unless we try to reach out and communicate. Our system is not fool-proof and neither are our appointed representatives.  In our zeal to help one spouse (as sacred as that work is) we dare not demonize the other without first trying to hear from them.  Communal pressure ultimately is quite important and a desideratum.  But let us not forget the need to first enter into conversation with those who flaunt our halachic norms.

 

One of the organizations working with this issue, ORA, has offered couples pro bono mediation when there is a hope that communication can still be productive.  Even if we fail in our attempts to reach out to these individuals, we will gain a wealth of insight into how our community structure has “broken done” and why we have failed to impress some community members with the thought that “Her ways are ways of peace”.

We have much to gain by offering mediation assistance to couples who are unable to find the proper manner to dissolve their marriage and its attendant issues.

 

I do not believe we have made the institution of marriage a communal priority in terms of education ,outreach and financial support. To cite one example, the Catholic groups have Family institutions, seminars, lecture bureaus, etc. Prominent Church leaders head such efforts and have even become national figures.  What have we done in our community to try to emulate such work?  (On a personal note, I have communicated with 5 major Jewish organizations, in order to volunteer to try to initiate some of the proposals outlined herein. Only 1 of the 5 actually responded.)  Marital life is probably the most vital Jewish institution to ensure continuity of our value system.  What have we invested in such an undertaking? Where are our communal structures?

 

If we felt the pressing need, we could convene a meeting on Agunah and divorce. Papers could be presented, issues debated, and dialogue begun.  With every year that we fail to do something of this nature, we miss an opportunity that is desperately needed.  Indeed our national conferences always have the occasional session on issues of Jewish marriage.  But don’t we need and deserve more?  We have organizations for Agunah.  Do we have similar organizations that deal with Jewish marriage, Jewish divorce, and the halachic norms that surround them?

 

To the above, I would add the need for blogs so that community members with specific needs have a place to go for direction and inspiration. I maintain such a website for those who seek a Get but do not know where to turn.  A great Kiruv opportunity exists if we make the effort to explain to the non-Orthodox what a Get entails, help them find a proper Bait Din, and organize volunteers to help them through their Get process.  We shout about the tragedy of Agunah but yet we allow the non-Orthodox to be unaware of the Get process, thus dooming future generations to our community’s ultimate rejection; i.e. mamzerut.  Surely there is more work that can engage us in this area.

 

The Maggid , according to Rabbi Krohn, was stymied by a lack of success in a project he had undertaken.  He visited the Brisker Rav, who explained to him why he failed.  The bracha for Torah is “La’Asok” “Esek” means business. To succed as Torah Jews, the Brisker Rav stated, we need to be business-like. We need to have a mission statement, objectives, and resources, in addition to moral commitment.  This is the regimen we would undertake for our business and this must be our charge as Torah leaders. There is work to be done in the area of Ishut, and all that the term entails. We all have ideas and strategies.  Perhaps the time for “Peh Sach” has arrived.  We need to dialogue, talk, and listen. We need to work collaboratively.  If we apply such an approach, the challenges presented in the areas of Jewish Marriage, Jewish Divorce, and Agunah, we will be worthy of Bilaam’s coerced admission: “How goodly are your tents Jacob”. I can think of no greater praise, or goal, than that.

 

 

Violence Is Not Grounds for Divorce

Violence Is Not Grounds for Divorce

by Batya Kahana-Dror

(Batya Kahana-Dror is an attorney at Mavoi Satum, an organization that assists agunot who have been denied a divorce (get) from their husbands. Mavoi Satum ("dead end") provides social and legal support as well as conducting lobbying efforts on behalf of agunot. This article was originally published in Hebrew in issue 46 of Eretz Aheret magazine, with the title "The Chief Rabbinate vs. the Jewish People.")

 

The approach to women's rights in the rabbinical courts today is pitting Jewish values against the democratic reality we live in. It is not a pretty picture. In the rabbinical courts the chasm between dayanim and litigants is widening. The dayanim, under the guise of democratic self-expression, refute civil law as an authoritative source, and litigants are helpless to act. The civil rights revolution has been bypassed.

The struggle of mesoravot get poses one of the greatest challenges to the religious legal system, a system that functions within a democratic reality. Points of contention include halakha versus civil law, rabbinical courts versus civil courts, theocracy versus Western liberalism, Jewish feminism versus spreading fundamentalism, and conservative, reactionary Orthodoxy versus modern liberal Orthodoxy. 

In the State of Israel, marriage and divorce between Jews is only performed, in accordance with religious law, by the Rabbinical Courts, under the authority granted by the Law of Jurisdiction in the Rabbinical Courts. In the last few decades, the handling of issues of women's status by the rabbinical courts has sorely tested Jewish values against the liberal, democratic values of the State. In the rabbinical courts, the chasm widens between the dayanim and those who stand before them, as the two sides do not speak the same language. The dayanim, using the facade of democratic discourse, refute civil law as a source of authority, and litigants are helpless. There is no synthesis between Orthodoxy and modernity that would provide a solution.

 

[H1] Human Rights and the Rabbinical Court

Human rights—such as the right of a person to his or her life, body, honor, property, freedom and privacy—have been determined by the Basic Law of Human Rights and Freedom. Concurrently, this law allows for legal restrictions on an individual's human rights in cases where the values of the State of Israel are challenged. Time and time again, the rabbinical courts create a schism between the halakha they believe they are applying and the values that the Basic Law represents.

This begs the question of whether the violation of a mesorevet get's rights is a case in which personal freedom is justly restricted, akin to that of a tax evader or the arrest of a criminal suspect. Is the violation of the rights of a mesorevet get, whose only crime is to ask for a divorce, a reasonable infringement, one that is deemed necessary by law? What is the benefit to the general public of a woman being denied the right to have children or being freed from a failed marriage? Is this the way to implement the Jewish values of the State of Israel?

For example, the rabbinical court in Tel Aviv granted a recalcitrant husband compensation of 60,000 NIS in exchange for his consent to grant a divorce. "The husband deserves compensation in return for his consent to grant a divorce against the position that he has expressed throughout the years" (six years). The Beit Din Hagadol [the religious supreme court] added that, "The husband had the halakhic right to continue being married. The husband agreed to abdicate this right in exchange for the right to sue for damages" ("HaDin ve-haDayan"—The Law and the Judge—edited by Dr. Amichai Redziner, published by the Rackman Center for the Status of Women, and Yad L'Isha, 4[8] and 11[10]). The court recognized the man's right to marriage and completely ignored the woman's right to freedom and her right to choose whether or not she wanted to live with this man. In addition, not only was this recognition of rights one-sided, but the court also violated the woman's basic economic rights in order to protect the man's right to be married.

In another example, the rabbinical court does not view "regular" violence—defined as “beatings that cannot kill”—as grounds for divorce. The Ashdod rabbinical court imprisoned a man because of violence and his refusal to grant a divorce. Yet the court differentiated between "regular beatings" which does not merit a hiyuv get [a rabbinical mandate to force the man to grant a divorce], and beatings that can kill, which does in fact merit a hiyuv get (see haDin ve-haDayan 4[3]).

In the opinion of the rabbinical court, it seems that "regular" beatings are something that a woman is capable of living with, and in any event, divorce should not be imposed because of it. An act that constitutes a criminal offense in the State of Israel does not constitute grounds for divorce in the rabbinical court.

 

[H1] "The Altar Sheds Tears..."

Like every legal system, halakha is naturally conservative by nature, and aspires to maintain ancient legal traditions. Since halakha is a religious legal system that considers itself to be of Divine origin, it is even more conservative than the secular legal system. Despite the fact that over the centuries there has been room for creating mechanisms for halakhic change and renewal (such as edicts, special rulings, needs of the day) nevertheless, objective circumstances prevented major halakhic renewal in Orthodox society, in particular over the past 200 years.

The ongoing changes in issues of personal status create a serious challenge for halakhic adjudication in the modern age. Even those who generally favor the approach of "sit and do nothing" cannot help but apply some minimal halakhic thought to modern-day situations. How much more so, religious judges in the State of Israel, whose authority rests on the principle "rise and act," must deal with the new reality in which most of the people in need of their services are not religiously observant.

The huge immigration to Israel and the establishment of the State raised expectations among certain sectors of the Orthodox community that there would be a religious, halakhic renewal with varied and broader interpretations of the Torah. However, this has not been the case. Although solutions to some halakhic issues such as kashruth and shemita were created, the scope of halakhic jurisdiction in Israel shrunk compared to its jurisdiction in the Diaspora. All civil and criminal legislation was given to the State, which rules according to civil law. Personal status remained in the hands of the religious judges, yet it was defined and placed under the auspices of the rabbinical court system by the State.

Over time, as a result of the increasing political power of the Hareidi sector, the rabbinical court took on the character of the Hareidi community, which succeeded in positioning its own people as dayanim, judges. Only the protest of women's organizations stirred the religious-Zionist public to act, but it was too little too late. This situation created a dearth of Modern Orthodox halakhic rulings that recognize women's suffering and women's rights. In practice, the religious-Zionist community accepted the authority of the rabbinical court and did not establish an alternative model of halakhic jurisdiction.

Why did the Modern Orthodox community accept this situation? First, the rabbinical court is a national entity working on behalf of the State of Israel. The Modern Orthodox sector is predominantly Zionist and thus maintains a loyal attitude toward State institutions even though the rabbinical courts do not represent State policy. An example of this attitude can be found in the actions of Zevulun Orlev and Rabbi Yitzhak Levy, Knesset members from the now defunct National Religious Party (NRP), who continue to introduce bills to expand the judicial power of the rabbinical courts—the same court that they claim does not have enough Modern Orthodox judges. Another reason is the religious-Zionist community's narrow focus on settlements. Finally, there is a fear of opening the door to Reform and Conservative Judaism.

Women's organizations filled this void. At first they concentrated on representing women seeking divorce whose rights were being compromised. Only later, after the magnitude of the injustice came to light, did they embark on a public campaign. The accessibility of halakhic knowledge coupled with the revolution in women's religious learning enabled women to promote halakhic solutions that the rabbinical courts chose to ignore. Orthodox women's groups started calling for change. The women themselves, most of whom belong to "Kolech," slowly adopted the feminist lexicon and became flag bearers of the struggle for women's equality in the rabbinical courts. Their positions caused a furor and their actions were viewed by the Hareidi and even the Modern Orthodox as undermining halakha. Women's organizations were trapped. Their members stopped believing in the rabbis and in their ability to institute change, but at the same time did not dare to take action without rabbinic consent (although the more radical among them claimed that a struggle that relies on rabbis actually empowers rabbis and thus makes the situation worse).

While expanding the struggle for women's rights, two steps were taken. The first was recruiting the civil courts, (whether through appeals to the Supreme Court or through lawsuits in the family court) claiming compensation for damages caused by the rabbinical court. The second step was investing more resources in bringing the issue into the public arena. Lawyers, religious pleaders, and social workers were joined by women campaigners who publicized the procedures of the rabbinical courts and worked to promote legislative change that would restrict the rabbinical courts' authority.

The fact that Orthodox women's organizations are leading the campaign has its disadvantages. First, the women's campaign is viewed in the religious world as a feminist issue and not in its broader context—as a struggle between liberal and conservative attitudes—and as such does not enjoy the support of most religious men, who tend to support the rabbis. Second, the push by Orthodox women is perceived by the general public as an internal religious issue and not as a battle against the violation of human rights, so the secular public and human rights organizations are barely involved in the campaign.

 

[H1] The Response of the Rabbinical Courts

The threat of reducing the judicial powers of the rabbinical courts, along with the growing opposition to court rulings that do not support Western liberal tenets, have led the rabbinical courts to issue more defensive and conservative rulings.

One example of this is the ruling by the Bet Din haGadol on an erroneous get. A get was cancelled as the rabbinical court decided that it was a "mistaken get" and insisted on arranging an additional get—regardless of the fact that the rabbinical court believed that there were enough halakhic options and explanations to view it as a valid get (HaDin ve-haDayan, 16th edition, 5 [17] 8). The rabbinical court clarified that "the rabbinical court does not rush to annul a get, and in fact this happens very rarely," but they added that they are annulling the get because "in this new reality, in which [the civil courts] want to bind the hands of the rabbinical courts so that they will be unable to continue to rule on agreements that they ratified [Sima Amir's appeal to the Supreme Court], and in which civil courts enjoy easily nullifying decisions of the rabbinical courts, this situation has the potential to cause serious harm...".

It is clear from the judges' language that they obviously weigh issues that have nothing to do with the specific case before them—considerations that take into account the erosion of their authority by the civil courts. Similar statements were made by the rabbinical courts with respect to the civil courts to explain the decision to become much more stringent in this particular case and invalidate the get: "The problem is that the civil courts created an opening for parents to sue on behalf of their children in order to evade the commitments of parents toward one another in their agreements, even though we are dealing with a case in which the parents themselves are suing. This trend distorts the law and the halakha and its only purpose is to undermine the authority of the rabbinical court and is exploited by family court judges."

 

[H1] Halakhic Pluralism

It is important to emphasize that pluralism does exist within halakha, both intellectually and in its practical application. It developed through the geographic dispersal of the Jews, and had evolved over time since its development in Mishnaic times. If we take into account the entirety of halakhic rulings and the span of literature connected to it, we can see that the dayanim have wide avenues to maneuver within halakha. In this respect, dayanim have a broader range of choices than civil judges who are limited to one legislative codex. As such, the dayan's beliefs and attitudes have a very significant and determining influence on his choices in his rulings.

The famous ruling of Maimonides states that, "If [a woman] says, “[my husband] is repulsive to me”... he is pressured until he gives it of his own will..." In other words, according to Maimonides, a woman who claims "he is repulsive to me" will be granted an immediate get by pressuring the husband. Rabbeinu Tam, who gave more weight to the fear of "forced get" over the principle of leniency, abolished this approach. However, of all the available halakhic rulings, the rabbinical courts chose to reinstate the halakha of the Maharashdam, Shemuel ben Moshe de Medina, who lived in Salonika in the sixteenth century. The rabbinical courts have accepted his position that one has to accept the husband's conditions if the court considers them reasonable, even when the husband has already been halakhically obligated or forced to grant the get. Consequently, the man's bargaining power is increased—even though he had significantly more power than the woman to begin with—as he is entitled to absolute free will during the divorce process.

In one case, the district rabbinical court decided not to discuss forcing the husband to grant his wife a get because he agreed to grant the get if she complied with a number of conditions. In this case, the rabbinical court listed what they considered to be reasonable conditions: "We want to clarify that the right to set conditions exists, not only in the financial realm, but also in the behavioral realm, for example, she will not be allowed to eat certain foods or wear certain items of clothing. Even the rabbinical court cannot force the woman to agree to these demands, but they are binding as conditions for a get and have to be implemented even in the situation where a husband has been obligated or forced to grant the get" (HaDin ve-haDayan, 7[5]). The rabbinical court thus sees as legitimate and even reasonable to violate the freedom of choice and the dignity of women by imposing the husband's conditions on her, even after the two are completely disconnected from one another, in order not to force the husband to give the get.

Reliance on this Maharashdam ruling with its current religious-court interpretation absolves the rabbinical court of all responsibility and abandons the woman to the husband's caprices. The rabbinical court thus reduces the woman's power and makes her efforts to obtain a hiyuv get from her husband irrelevant, since the hiyuv get loses its effectiveness if the husband's conditions have to be accepted. The use of the Maharashdam's halakha leads to unprecedented extortion of the woman, and legitimizes the phenomenon of get denial.

 

[H1] Between "Din Torah" and "Giving Advice"

In contrast to the Maharashdam's halakha, the judges have another, just as easily accessible ruling by Rabbi Haim Palachi (an adjudicator of Jewish Law who lived in Izmir in the nineteenth century). He ruled that in a case of a couple living apart for eighteen months, the husband has to be forced to give the get. This pragmatic ruling could have solved many cases of get denial, but for the most part this ruling is not used in the rabbinical courts. Furthermore, the court warned against applying Rabbi Palachi’s halakha: "It is not his intention to force the couple to divorce but is merely a piece of advice to adjudicators" (HaDin ve-haDayan, 18[8]). Redefining Rav Palachi's ruling as "a piece of advice" rather than "Torah law" suits the increasingly stringent bias in the rabbinical courts. The juxtaposition of these rulings—that of the Maharashdam versus that of Rav Palachi's—and the ways in which they are used or not used, epitomizes the ways in which dayanim make choices, the influence of a dayan's personal outlook on his rulings, and the outrageous situation in the rabbinical courts today. Another practice that is often used in many rabbinical courts today is to recommend that the couple come to an agreement instead of the court making a decision and imposing a get. This practice is upheld even in cases where it is clear that a couple will never be able to reach an agreement because the case has dragged on for many years. In this way the dayanim encourage the prolongation of proceedings and increase the possibilities of blackmail. To emphasize the philosophy behind these procedures, MK Moshe Gafni in the State Audit Commission stated: "There is a vested interest that the rulings should not be implemented. I said this in the legislative commission as well. The altar sheds tears for a man and a woman who separate". It seems clear that the rabbinical court has its own agenda, and is not at all concerned with the parties’ needs. There is a disregard for the wishes or the rights of an individual to divorce, as halakhic conservatism will always override those individual wishes.

 

[H1] Expansion of the Judicial Powers of the Rabbinical Courts

In a 2006 ruling (Supreme Court ruling 8638/03 Sima Amir vs the Higher Rabbinical Court in Jerusalem), the Supreme Court ruled that "legislative principles" dictate that the authority of the rabbinical courts to rule on plaintiffs outside of the issue of marriage and divorce needs to be legislatively effectuated. The Supreme Court thus explicitly determined that it is illegal for rabbinical courts to act as arbitrators with authority on civil matters and personal status disputes that erupted as a result of their own rulings.

As a result, Knesset members from the religious parties re-proposed a law to set this expansion of jurisdiction in law. A few months after this Supreme Court ruling, the new Kadima-led government was formed, based on a coalition agreement with Shas that included a commitment to legislate on the expansion of the rabbinical court authority. Until the Sima Amir Supreme Court ruling, and even afterwards (according to the State Comptroller), the rabbinical court acted as an arbitrator on all matters.

This practice demonstrates that the rabbinical courts see themselves as an independent judicial body with added authority—a judicial body that deviates from the mandate given it by the law (personal status) and converts itself into an autonomous body. This is similar, however inconceivable, to a case in which the Labor Courts, for example, might begin judging cases under the jurisdiction of the magistrates' court because they have declared themselves arbitrators. Moreover, the rabbinical courts did not distinguish between the authority they were given and the authority they simply took for themselves. When the dayanim would act as arbitrators, they would often use the rabbinical courtrooms and stationery with the State of Israel's letterhead. The hours they dedicated to arbitration were also considered part of their regular working hours.

The dayanim were also inclined to send refusal notices to parties who refused to appear before them—in direct defiance of the arbitration law that states that a condition granting authority to the arbitrator is consent of both sides—and in this way they expressed their view that the rabbinical court is in essence the defining authority for the religious community, with no need for that society's consensus. Incidentally, the Supreme Court ruling in the case of Joseph Katz put an end to these practices (Supreme Court ruling no. 95/3260, Joseph Katz vs. the Jerusalem District Rabbinical Court [4], 590).

The rabbinical court is trying to use the governmental authority it has been given over one specific matter in order to establish itself as a court that rules on Torah issues as well as civil matters, and to promote itself as a substitute to the Israeli Justice System. These ideas find expression in the ruling of the Jerusalem Religious District Court by which the  halakha forbidding litigation in courts also applies to litigation in the Israeli Civil Courts system "as it stands today" (file 38/2824, 11 [259]).

 The rabbinical courts do not allow room for error. This is a halakhic ruling of the rabbinical court in the State of Israel that takes on a role and authority that was not granted to it, and emphatically forbids one to be judged in the Israeli Court system "as it stands today." This attitude of the rabbinical courts also finds expression in the disapproval that judges convey toward women who have opened cases in the family courts, and in their support of the demand (usually from the husband) to transfer cases from the civil to the rabbinical courts, and even to reopen cases that have already been settled. Even graver are cases in which the wife presented a damages claim against the recalcitrant husband. In these situations, the women are subjected to threats by the dayanim who claim that they will not continue to judge the get cases until the women withdraw their damages claims.

In their campaign to expand their judicial authority, the rabbinical courts found a supportive argument from an unexpected source: postmodern theory on pluralistic systems of law, which recognizes the rights of religious sects to live and be judged according to their own beliefs. These postmodern Hareidi groups want to have their cake and eat it too. On the one hand, they hold on to their own mandatory role on all issues of personal status, and are unwilling to open another rabbinic court. They are also unwilling to forego their unequivocal authority on all issues related to divorce (Law of the Jurisdiction of Rabbinical Courts, section 3, marriage and divorce, 1953). On the other hand, they demand judicial pluralism for their own people, claiming, "There is nothing wrong with people wanting to live according to their beliefs and be judged by a different set of laws."

Leaving aside the inherent contradiction, I would like to focus on the issue of judicial pluralism. From the perspective of a democratic society, there are problematic issues in this approach: voluntarism and basic values. The nagging questions generally and in this specific case are: how to ensure that only those who want to be part of a separatist legal system will be included in it; how to ensure that neither social pressure nor any other pressure will cause people to seek out the rabbinical courts; and how to ensure that basic democratic values, such as human dignity and freedom (for example, the right not to be beaten), will be preserved.

Even those who support pluralism cannot ignore the fact that religious rulings as they are applied today in rabbinical courts often do not recognize phenomena that are considered criminal—such as violence, drugs, gambling, and more—as grounds for divorce.

 

[H1] "I Am Satisfied"

An important tool for establishing democratic norms in the rabbinical courts is assistance from the State Comptroller's Office and the Knesset Comptroller's Committee. In contrast to other courts, the religious courts "excel" in their high number of procedural and disciplinary irregularities.

The latest State Comptroller's report, published in May this year, paints a particularly distressing portrait: reports of breaches in 83 percent of the cases in Petach Tikva, and in 75 percent of the cases in Tel Aviv; reports of excessive foot-dragging and abuse of the law; 26 percent of hearings that took place in the absence of a full panel of dayanim (which causes delays in receiving a get); 257 cases of arbitration opened in direct contravention of a clear Supreme court ruling, (decision of Sima Amir, see above); irregularities in dayanim's attendance records; dayanim taking up residence outside their area of jurisdiction, which unequivocally violates the conditions of their contract— even after being issued warning letters regarding this practice. In addition to these facts and figures, the report creates a dismal picture regarding the attitude of the management of the rabbinical court toward civil law and the rule of law. The rabbinical courts and their judges do not view the State, the law, and the body that elects them—The Committee for Appointment of Dayanim—as a source of authority over them, despite the fact that, outwardly, they present themselves as a system willing to accept criticism and to correct any improprieties.

The common attitude in the rabbinical courts about the source of their authority is that Israeli law is man-made but the rabbinical courts rely on divine authority. Former Chief Rabbi Avraham Shapiro wrote, "Courts of law derive their authority from State law, they make their rulings based on the administration of the day, what the members of the elected house of government happen to legislate. By contrast, we, the judges of the rabbinical courts, rule with the power of the authority of the Torah for all of Israel, according to the laws of the Torah" (quoted by Judge Menachem Elon in "Jewish Law", Magnus, 5733/1973).

Particularly surprising was the position taken by the Chair of the State Comptroller's Committee, a member of the now defunct National Religious Party (NRP) that examined the report's findings. Besides the compliments he showered on the management of the rabbinical courts and on the Chief Rabbis for their streamlining and efforts at improvement, he expressed a clear discomfort with the content of the report to other participants in the meeting. It seemed that there was an incomprehensible gulf between the complacency felt at the meeting and the outrage felt by the public.

Religious Zionism and its Knesset representatives have adapted themselves to ultra-Orthodox practice, and not only in halakhic matters. They accept guidelines on a range of issues from rabbis—including from Chief Rabbi Shlomo Amar, a member of Shas, who himself is susceptible to the pressures of the ultra-Orthodox Lithuanian stream. The Chief Rabbis' office and the rabbinical courts, despite the fact that they are completely controlled by the ultra-Orthodox, are still supported by the religious Zionist camp, who views them as one of their own. Religious Zionist Knesset members and religious Zionism views the issue of State authority as a centerpiece of their ideology (even though after the disengagement from Gush Katif, an increasing number of voices within the Religious Zionist camp began challenging this assumption). The national religious public is still reluctant to openly come out against State institutions, even though it is clear to them that little if any national awareness exists in the present religious establishment. The national religious public is unwilling or unable to come out systematically and offer an alternative to the State establishment. Therefore, at the end of the State Comptroller's Committee meeting, Knesset member Orlev placed the primary blame for the problems in the rabbinical courts squarely on issues of funding and legislation, and concluded, "I am satisfied."

 

[H1] "It Is Not Your Responsibility to Finish the Work, But Neither Are You Free to Bypass It"

We have reached the peak of evading accountability. The conversion crisis exposed the differing approaches to conversion within Orthodoxy. The gap between the progressive approach and the more defensive, conservative approach within Orthodoxy has not been so clearly delineated in a long time. The public is beginning to gain an understanding about halakhic alternatives that are unavailable in today's religious establishment. The tensions between the religious legal system and the system that propounds equality and human rights are starting to show.

Two bills to improve the processes of conversion and divorce were recently proposed and then rejected. The laws intended to give communal rabbis the authority to convert potential individuals and correct the law on division of property. (This article was written in August, and since then the law on division of property before the giving of the get has passed after years of campaigning by groups such as ours.) When it comes to the injustices in the religious courts, not only does the political system avoid helping, but political pragmatism and coalition concerns overcome the need to resolve the problem of divorce in Israel. It seems that the apathy of the general public enables the emissaries of the law to displace this issue with their own political, economic and security interests

The inability to effect change has caused sectors of society to lose faith in the political system that tends to regularly cave in to ultra-Orthodox demands. This capitulation is not only politically motivated, but also emanates from the belief that ultra-Orthodox Jews are the true guardians of the Book, who see their unofficial role as maintaining the Jewish character of the State.

A Modern Orthodox alternative does not exist. The ultra-Orthodox have access to the State rabbinical courts as well as their own private courts. The Reform and Conservative movements have their own organizations. It is only the Modern Orthodox, national religious public that has no alternative. Since many traditional people identify with the national religious camp (that is, the synagogue they do attend is Orthodox), this is not a struggle between various factions, but rather the creation of an alternative that will serve a large portion of the Israeli public, and would therefore have tremendous societal importance.

The State's position, which disallows an alternative Orthodox voice, is leading us to disengagement. We have not yet healed from the wounds of the first disengagement, and we are on the brink of another huge rift in Israeli society. The degree of aversion to the religious establishment is only deepening, both in the national-religious and the secular population. The Israeli public finds it difficult to come to terms with the personal suffering caused by conservative and inflexible halakhic thinking. At the same time, the popularity of religious marriage ceremonies, which are not conducted by the rabbinical establishment, is rising among religious and secular couples- a clear show of distrust in the rabbinical establishment and the rabbinical courts.

It is up to the national religious community to publicly break away from the apologetic, defensive, conservative Orthodoxy of today, a break that would mean establishing a new Israeli Orthodox stream that would, among other things, establish its own religious courts.

Modern Orthodoxy must propose and build this alternative in an organized, systematic way. It must propose an alternative that includes broad halakhic thinking, which, while based on halakha, recognizes the greater good and modern day needs. It must propose an alternative that incorporates the knowledge acquired through the twenty-first century, including civil rights, changes in women's status, and public consensus, and seek to find solutions (including recognizing civil marriage) for the entire public.

This stream of Orthodoxy cannot define itself merely through Zionism and settlement of the land, but has to embrace halakha and its modern-day development against a backdrop of liberal Western values. It is not enough to create lenient rulings versus stringent rulings. A clear line must be drawn between halakha and its relationship to contemporary times and the society in which it operates.

The creation of an alternative religious establishment will integrate an additional halakhic outlook within the Jewish mainstream—one that has a body of followers among the religious and traditional sectors. Its institutions will return halakha to its essential dynamic state, reconnecting it to our everyday lives and at the same time reconnecting all of society to the essential character of the State of Israel as a Jewish state.

 

 

 

 

Daily Birkat Kohanim in the Diaspora

Daily Birkat Kohanim in the Diaspora

 

By Daniel Sperber[1]

 

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Question: May Kohanim outside the Land of Israel give the priestly blessing (Birkat Kohanim, or Nesiat Kapayim) on weekdays and on regular Shabbatot?

 

Answer: The Torah explicitly requires the Kohanim to bless the people (Numbers 6:23), but does not tell us where or when they should do so. Rambam (Sefer haMitzvot, Mitzvat Assei 26) gives no details, but refers us to B. Megillah 24b, Taanit 2b, and Sotah 37b, to work out the details. However, there are versions of the Rambam's text (edited by R. Hayyim Heller and R. Yosef Kefir), where there are the additional words "every day,” and this, indeed, is his ruling in the heading of his Hilkhot Tefillah and Birkat Kohanim. (See further ibid., chapter 14; this also is the ruling in Sefer haHinukh, Mitzvah 367). However, there we find the additions that "the mitzvah applies in all places at all times…". Hagahot Maimoniyot, to Rambam Hilkhot Tefillah 15:12 note 9 writes, on the basis of R. Yehoshua ha Levi's statement in B. Sotah 38b, that any Kohen who does not bless the people transgresses three commandments, splitting as it were the biblical verse in Numbers thus: "So shall you bless the children of Israel: say unto them,” adding verse 27 ibid., "And they shall put my name upon the children of Israel…". The Hagahot Mordechai modifies this by adding that if the Kohen has not been summoned to bless the people, he does not transgress by not doing so, referring to the Yerushalmi text, and this view is accepted by the Beit Yosef, Orah Hayyim 128. There is also a minority view, rejected by mainstream authorities, that of Rabbenu Manoah, that even if the Kohen was not called, if he did not bless the people, he transgresses at least one commandment.

Outside Israel it is the practice in many congregations for the Kohanim not to give the priestly blessing, and for the congregation not to request that they do so—with the exception of musaf on the foot-festivals and Yom Kippur—even during Neilah. The Beit Yosef was very perturbed by this practice. He writes (Orah Hayyim 128):

 

The Agur wrote that Mahari Kolin [the Maharil] was asked why the Kohanim do not give the priestly blessing every day, since it is a positive commandment. And he answered that it was the custom of the priests to make a ritual ablution [in the Mikvah] before blessing, as is recorded in Hagahot Mordechai, and to do so every day in the winter would be very difficult for them. Hence, the custom evolved to do so only on the festivals. Furthermore, [doing so] would curtail the business activities (mi-taam bitul melakhah), and in any case if the Kohen is not summoned he does not transgress.

 

However, the Beit Yosef continues:

He forced himself to justify his local custom; but the reasoning is insufficient. For that which he said that they were accustomed to make a ritual ablution every day, this is a stringency—i.e., it is not really required—which leads to leniency… Since ritual ablution as a requirement for the priestly blessing is not mentioned in the Talmud. And even if they took upon themselves this stringency, why would they cancel three commandments, even if they were not transgressing since they had not been summoned. Surely it would be better that they carry out these three commandments clearly and not make the ritual ablutions, since there are not required, and by not doing so they could fulfill the three commandments.

 

He ends by saying:

 

And praise be to the inhabitants of Eretz Yisrael and all Egypt who give the priestly blessing every day, and do not make ritual ablutions for it.

 

Indeed there are some congregations that still follow the Beit Yosef's position. Thus, the Syrian community has birkat Kohanim every day, (see H. C. Dobrinsky, A Treasury of Sephardic Laws and Customs, Hoboken N.J., New York 1986, p.168). This, too, was the Amsterdam custom of the Portuguese community (Shemtob Gaguine, Keter Shem Tov, vol.1, Kédainiai 1934, pp. 222–227, note 268, who also quotes Even Sapir, that this was the practice in Yemen, and possibly in some Moroccan congregations), while in Djerba they did it on Shabbatot and festivals (R. Moshe HaCohen, Berit Kehunah, Orah Hayyim, pp.101–102, and note 30). Thus, there are ample precedents for this practice.

However, the Ashkenazi Rema, R. Mosheh Isserles, in his Darkei Mosheh, ibid., 21, seeks to justify the Ashkenazi custom. He writes:

 

Because [doing so] would curtail business activities for the people in these countries, for the Kohanim are struggling to support themselves in the exile, and they can barely support their families, other than the bread they gather by the sweat of their brows daily, and they are not happy. And it is for this reason that they do not carry out the priestly blessing, which leads to bitul melakhah la-am. And even on Shabbat they do not do so, because they are troubled and concerned about their future…, and they are only joyful on the festivals. And thus the custom evolved only to bless the people on the festivals. So it would appear to me.

 

The notion that the Kohen must be joyful when blessing the congregation has its roots in the early Rishonim (in Rash's teacher, R. Yitzhak ben Yehudah).

The Mateh Efraim, of R. Efraim Zalman Margaliot, added that this was an ancient practice, even more than 500 years old, going back to the Tashbetz haKatan, a disciple of the Maharam Mi-Rothenberg, and the Kol Bo sect. 128, and accepted by the Maharit, the Agur, the Darkei Mosheh, etc., "and one may not stir from this custom." He also gives additional reasons to support this custom.

The Sephardic Kaf haHayyim, R. Yaakov Hayyim Sofer, on the other hand (Orah Hayyim, ibid., note 16), cites French R. Yaakov of Mervais, (in his Shut Min-ha-Shamayim no. 38), who writes that

 

In a place where there are suitable Kohanim to bless the people, and they do not do so even once a year, both the congregation that do not call them to do so, and the Kohanim themselves, who do not make the blessing, transgress, also because they seem not to be relying on their Father in Heaven.

 

This was cited by the Egyptian Radbaz, R. David ben Zimra, and especially the Hesed leAvraham of R. Avraham Azulai, who writes at length censuring those who do not bless the people, enumerating the negative effects of their flawed thinking, concluding that "it is proper to do so in every place, and not to seek out strategies to avoid doing so."

And even the Ashkenazic Hafetz Hayyim, in his Mishnah Berurah 128:12 in the Beur Halakha wrote:

 

It is only because of weakness that the Kohanim can go out and not go up [to bless the people. For if not so, certainly they are not acting well to needlessly nullify a positive commandment.

 

Indeed, there are some Ashkenazic congregations where they do carry out the priestly blessing at least once a month, as we learn from the Sefer haMitzvot, or even every Shabbat, as is mentioned in the Mateh Efraim.

Finally, we may cite the words of R. Yehiel Michel Epstein, in his Arukh haShulhan, Orah Hayyim 128:4:

 

And behold, it is certainly the case that there is no good reason to nullify the mitzvah of birkat Kohanim the whole year long, and [it is] a bad custom. And I have heard that two great authorities of former generations—probably the Gaon Eliyahu of Vilna and R. Hayyim of Volozin—each one wished to reestablish birkat Kohanim daily in their location, and when they decided on a given day [to begin], the issue become confused and they did not succeed, and they said that from Heaven it was thus decreed.

 

In view of all the above we may state that Birkat Kohanim does not require ritual ablution, and in present-day diaspora countries, blessing the people will not affect or curtail any business activities, and people in the diaspora are not downtrodden, nor do they live in permanent misery so that they cannot be joyful enough to bless the congregation. And according to some opinions (e.g., the Pri Hadash) even if they are not called to give the blessing, they may/should do so, (see e.g. Piskei Maharitz, Orah Hayyim vol.1, Bnei Brak 1987, pp. 259–260, with the note of R. Yitzhak Ratzabi ibid., Note 7, ibid., Be’erot Yitzhak). Thus, the reasons given for avoiding giving the priestly blessing are for the main part largely irrelevant in present-day diaspora conditions.

On the other hand, not doing so means not carrying out three positive biblical commandments, and according to some, albeit minority, opinions this is also the case when the congregation does not summon the Kohanim. Some, somewhat mystical sources also stress the great spiritual benefits of the priestly blessing, and the considerable negative effect of their absence. Furthermore, we have seen evidence that in some Ashkenazic communities Birkat Kohanim was practiced on Shabbatot or monthly, and not merely on the festivals.

Taking into account all of the above, I would think that nowadays, there is little justification for not carrying out the priestly blessing daily in our diaspora congregations.

I would like to end by again referring to the Hesed le-Avraham:

 

…The Kohen who fears the word of the Lord and desires His commandments will not transgress by refraining to give the blessing to give satisfaction to his Creator, for it is good in the eyes of God to bless Israel. How good and pleasant is the practice in some places, where the Kohanim give the priestly blessing each day. This is the fitting way to practice in all places, and not to seek excuses for annulling a positive commandment from the Torah.

           

To summarize:

 

  1. It is a biblical commandment that obligates the Kohanim to bless the people.
  2. Not doing so means not fulfilling that biblical commandment, and, according to some authorities, even transgressing three biblical commandments.

 

Here we may add yet another element to our discussion. There is a well-known opinion of R. Eliezer Azikri, in his Sefer Haredim chapter 4 (with the commentary of R. Yitzhak Leib Schwarz, Kunszentmiklos 1935, p. 19), that "those who stand before the Kohanim in silence and direct their hearts to receive the benedictions as the words of God, they too are included in the mitzvah as parts of the 613 [mitzvot].”

The commentator, ad loc. (note 18–19) discusses this opinion, pointing out that it is a subject of considerable controversy among the greatest of authorities, but he quotes the author of the Haflaah, R. Pinhas ha-Levi Horowitz, (in his notes to Ketubot 24b and Rashi ibid.), that just as there is a commandment to the Kohanim to bless Israel, so too is there a commandment to Israel to be blessed by the Kohanim. He states that there are other examples where the Torah, explicitly commands only the active partner and not the passive recipient, but nonetheless both are obligated. He brings as one example to mitzvah of yibum, which devolves both on the levir (yavam) as well as the sister-in-law (yevamah), even though the Torah commandment is directed toward the levir alone. The Sefer Haredim's novum was widely accepted, even though his source remained unclear to many.

This being the case, surely we should not deprive Am Yisrael in the diaspora from having opportunity to participate in this important mitzvah.

The reasons given by the various authorities for not fulfilling this mitzvah regularly in the diaspora are in and of themselves problematic, but in any case quite irrelevant to present-day diaspora communities. There exist precedents in different congregations, even outside Eretz Yisrael, for daily, weekly, or monthly priestly blessings.

In Jerusalem and in some parts of Eretz Yisrael the priestly blessing is carried out daily.

In view of all of the above, it follows that the daily, or at least weekly, blessing on the part of the Kohanim be performed in diaspora communities.

 

 

 

[1] Here I must acknowledge my debt to R. Shaar Yashuv Cohen's extensive discussion in his Shai Cohen, December 1997.

 

National Scholar January 2018 Report

We continue to reach thousands of people annually through our National Scholar program, combining classes, teacher trainings, and publications to promote the core values of our Institute.

            There are several upcoming classes and programs in January and February:

On Wednesday, February 14, 7:30 pm, there will be a book reception for my latest book, The Keys to the Palace: Essays Exploring the Religious Value of Reading the Bible. It will be held at Ben Porat Yosef Yeshiva Day School, 243 Frisch Court, Paramus, New Jersey. I will give a talk on “Building Bridges and Mending Rifts through Tanakh Scholarship.” Books will be available for purchase and signing.

Since the beginning of September, I have served as the Tanakh Education Scholar at Ben Porat Yeshiva Day School, in Paramus, New Jersey. I am developing a new Tanakh curriculum for grades 1-8, that reflects our core religious values at the Institute for Jewish Ideas and Ideals. I also have given lectures to the Ben Porat Yosef parent community in this capacity.

 

On Mondays January 8 and 15, and Wednesday January 24, 8:00-9:00 pm, I will be teaching a three-part series at the Young Israel of Scarsdale (1313 Weaver Street, Scarsdale, New York):

Torah Study in a Modern World: Conflict & Resolution

Monday, January 8: Orthodoxy and Confrontation with Modern Biblical Scholarship

Monday, January 15: Traditional Commentary and Biblical Archeology: Friends or Foes?

Wednesday,  January 24: The Bible, as a Book of Literature vs. The Torah, as a Sacred Text

Copies of my new book, The Keys to the Palace, as well as several other titles, will be available for purchase and signing at the final lecture on January 24.

The classes are free and open to the public.

 

On Shabbat, February 9-10, I will be a scholar-in-residence at the Baron Hirsch Synagogue in Memphis, Tennessee (400 South Yates Rd, Memphis, TN).

The classes are free and open to the public.

 

On Sundays, February 18 and 25, 7:30-8:30 pm, I will teach a two-part series at the Young Israel of Jamaica Estates in Queens (83-10 188th Street, Jamaica, New York) on Megillat Esther.

The classes are free and open to the public.

 

Our University Network, which I now coordinate, continues to do incredible work to promote our religious ideology and vision on campuses across the United States and Canada. We have added several new campuses and fellows this semester. Please see my December report on our Campus Fellows on our website: https://www.jewishideas.org/article/campus-fellows-report-december-2017

 

As always, I thank you for your support and encouragement, and look forward to promoting our core values through these and many more venues in the coming year.

Rabbi Hayyim Angel

National Scholar

Institute for Jewish Ideas and Ideals

Homework: Helpful or Hurtful?

As adults with jobs, children, and endless responsibilities,
we often think back to our childhoods, the “good old
days,” when everything was easy and carefree. We played
in the park, played with our friends, played sports, and played imaginative
games with our siblings. We didn’t have to worry about feeding our families,
paying bills, staying up with our babies at night, and then trying to be
functional the next day! We just had to be kids!

Now, being a parent myself, I often wonder how carefree our children feel today.
Young children attending Day Schools have long days full of learning
both General Studies and Judaic Studies. The day starts at approximately
8:00 A.M. and can go as long as 4:30 P.M. The children practice and learn
new skills that enable them to become articulate, educated, and successful
adults. There is no greater gift then seeing your child read for the first
time, write a creative book about dinosaurs, and translate a biblical verse
better than you can yourself. We owe this to the great schools our children
attend, and to the wonderful teachers who are dedicated to giving our children
these amazing skills. However, what exactly is the role of homework?

Educators agree that homework increases a child’s learning—as long
as it isn’t busy work and is kept within certain time boundaries. However,
if given too much, the results, I believe, could be detrimental to both child
and parent. When school-aged children get home from a long day of learning,
they need time to turn off their brains for a while. Just as we all need
“down time” at the end of the day, to watch television or read the paper or
a good novel, so do our children. Not only do they need down time, but
they can use this time to develop other important hobbies and skills.
Whether curling up with a book or a magazine, playing sports, taking a
musical instrument lesson, having a playdate with a friend, playing board
games with their siblings, or even just having a chat with their parents
unrelated to school or homework—down time like this is valuable for
growing up, building self-esteem, and developing good conversational and
social skills.

The amount of homework continues to grow year by year. As children
get older, more is expected of them. Thirty minutes of homework becomes
an hour, an hour becomes two… When does it stop?

As I wrote before,the work not only affects the children, but the parents as well. As my oldest
child began getting homework, afternoons became battles. It is clear to
me now why it took my son a seemingly endless time to do his homework!
He needed to shut his brain down for a while! But back then, we
used to fight. A lot. I would tell him if he would finish quickly that he
would have a chunk of free time. I would offer rewards. I would sit with
him. I would stay in the other room, then come back to check in.

My afternoons became so stressful; not only were my nerves shot, but it obviously
affected my son and my other children. I strongly resented the idea that
I was ignoring my other children, yet I wasn’t spending quality time with
my son and his homework!

As much as I understand the need to review the day’s work, I did not
understand the need for more than that. Our kids do as they are supposed
to, just as we did as kids. There may be groaning and moaning about it,
but it does become routine, and complaints aren’t as strong as they were.
But does that mean it’s acceptable? Does that mean that our kids don’t
need periods of time to choose activities that interest them?

Some parents I know have no problem with the amount of homework given, and wouldn’t
mind if there was even more! They feel that not only is it enhancing
their children’s learning, but provides educational structure for the
evening. They think that learning, as all of us would agree, is more productive
than playing video games or other mindless activities. However,
with some monitoring of duration, playing such games is a good way to
tune out for a bit. In excess, video game playing is probably not the best
idea! But there are so many ways that kids could have down time other
than video games. It is up to us as parents to give our children good choices
and guidance.

On the other end of the spectrum, there are parents who struggle, as
I do, with the evening juggling act of balancing our housework, tending
to younger children, helping more than one child with homework, cooking
dinner, and so forth. I know many people who have to hire tutors or
homework helpers just to physically have someone there to sit with their
child, because they are either working parents, or just don’t have the time
or the patience! Some kids can sit down to do their own work, but there
are many others who need help with the content of the work given, or
help focusing into the work after a long day at school.

If homework is such an important aid for our children, why does it create such havoc in our
homes? Why should our children be sitting doing work at home after sitting
for the majority of the school day? Our children need to move, to be
silly, to choose their nightly activities after working all day. Our children
just need time to be.

There has to be some type of happy medium, where children have
some time to review what they have learned over the course of the day, but
it shouldn’t take over the whole evening! Homework is given over the
weekend; homework is given over summer vacation! They never get a
period of time without it!

The problem is that, unfortunately, I do not think this will change much.

I just hope for the sanity of children and parents
everywhere, homework will be more review and less busywork. I
wish there would be more creative assignments, something that might be
less repetitive than what they have been working on in school. School is
the place for going through the basic drills and building on them. Afterschool
time should be time for opportunities for other, very important
skills to be learned, practiced, and enjoyed. We want our children to know
their ABC’s and 123’s, but at what expense? Will my child not get into college
or find a job without doing two hours of long division every night?
Are seven hours of school not enough?

Maybe my tuition is so highbecause it accounts for the two hours of extra work at home! Kids need
time to be kids, and parents need time to be parents. If children cannot do
their homework in a reasonable time, then it should not be done at home.
There is still something called schoolwork, right?

Done With Brain Death

 

Over the last two decades much ink that has been spilled regarding the halachic analysis of whether or not brain-stem death is equivalent to halachic death. So much has been written, in fact, that from a substantive point of view, little, if anything, new can be said.

 

The debate, far from being theoretical, has far reaching implications. When the brain-stem dies, if the patient had previously been connected to a ventilator, the heart may continue beating for a few more days before it too dies. Since organs – for the purposes of life saving transplantation - typically need to be recovered before the heart stops beating, we need to know if halacha views a beating heart as a sign of life. If so, organ transplantation would be forbidden since removing the organs would be akin to killing the donor.

 

Halachic Analysis

Many, if not all, of the halachic articles written in English and Hebrew over the past 25 years, both accepting and rejecting brain-stem death as halachic death, may be found at the website of the Halachic Organ Donor Society (www.hods.org).  The primary halachic sources are Talmud Yoma page 85a and Mishna Ohalot 1:6.

 

Institutional Positions

Among the orthodox rabbinic institutions that take a position on this issue are the Chief Rabbinate of Israel and the Rabbinical Council of America who both accept brain death as halachic death and support organ donation. The Halachic committee of the Chief Rabbinate issued its ruling with unanimous consent in 1986. In 1991 the Rabbinical Council of America held a three day convention at Spring Glen, N.Y. where halachic presentations were heard both for and against brain-stem death.

The RCA membership then voted to adopt a resolution accepting brain-stem death as halachic death and supporting organ donation. [Even though no new medical information has surfaced that was not considered in their deliberations before the vote in 1991, the RCA is currently reviewing its position on this issue.]

This RCA resolution, the article in the NY Times announcing the RCA’s newly adopted position, and the RCA’s Living Will which explicitly promotes heart transplants from people who have died brain-stem death are available at www.hods.org.

 

 

Rabbinic Positions

While the rabbis who reject brain-stem death succeed in making their voices heard, less well known are the prominent rabbinic figures that accept brain-stem death and support organ donation. They are former Chief Rabbis Avraham Shapiro z”l, Rabbi Mordechai Eliyahu and Rabbi Ovadiah Yosef, current Sephardic Chief Rabbi Shlomo Amar, Rabbi Shaul Yisraeli z”l, Rabbi Zalman Nechemia Goldberg, Rabbi Avraham Shlush, Rabbi Nachum Rabinovitch, and Rabbi Dr. Avraham Steinberg.

 

While Rabbi Moshe Feinstein, Rabbi Shlomo Zalman Auerbach and Rabbi Yosef Dov Solevitchik accepted brain-stem death as halachic death their positions are often challenged as being mischaracterized. Instead of revisiting their writings, as has been done ad nauseum, I think it important to note the oral testimonies given by people who spoke with them about this issue.  (All of the following oral testimonies are available to be seen on video at www.hods.org)

Rabbi Moshe Feinstein

Rabbi Moshe Tendler, Rabbi Mordechai Tendler, Rabbi Shabtai Rappaport, and Dr. Ira Greifer testified that they heard many times Rabbi Moshe Feinstein state that he was of the opinion, and rule in actual cases, that a person in a state of unconsciousness and irreversible cessation of respiration, as confirmed by brain-stem death, is halachicly dead – even though the heart continues to beat – and should be an organ donor.
 

The following is a partial transcript of Rav Dovid Feinstein’s emphatic and unambiguous testimony:

“My father’s position was very simply that the stopping of breathing is death. It doesn’t matter if the heart is functioning or not functioning… that is the way he explained the gmorah in Yoma… I don’t think anyone ever argued that point [when he was alive]. It is very simple - cessation of breathing. I don’t think anyone ever said any differently… it doesn’t matter if his heart is working or is not working. If a patient is available for a heart transplant… he would definitely encourage it.”

 

Rabbi Shlomo Zalman Auerbach

Rabbi Auerbach, after initially rejecting brain-stem death, ultimately accepted it as halachic death after the famous sheep experiment showed that a decapitated (thus ‘brain-stem dead’) pregnant sheep attached to a ventilator could have its blood pressure and heart beat maintained and fetus kept alive. He did, however, require proof that every cell in the brain was dead. He dictated his position to Rabbi Dr. Avraham Steinberg and had the ruling published in ASSIA magazine (no 53-54, 1994). Rav Steinberg states:

“Rav Shlomo Zalman Auerbach told me, specifically… I have written his words and he checked it and agreed for it to be published, and his position clearly was that the heart, per se, is not necessarily a sign of life and death. In other words, a person can be defined as dead even though his heart is still functioning. What is important to Rav Auerbach was brain function.”

 

Rabbi Yosef Dov Soloveitchik

There are students and family members of Rabbi Soloveitchik who claim they never heard the Rav accept brain –stem death as halachic death. This is not tantamount to asserting that they heard the Rav reject the idea. It is possible that those people simply never heard him state his position on the issue.

Since the RCA had a policy of accepting Rav Soloveitchik’s position on all halachic matters, Rabbi Benjamin Walfish, former Executive Director of the RCA, turned to Rav Soloveitchik when he was asked about brain-stem death by RCA member Rabbi David Silver z”l : Rabbi Walfish states:

“I met with Rav Soloveitchik in 1983…84 to discuss this concept of brain-stem death and Rabbi Soloveitchik told me personally that he accepted it… I’ll testify to that. As far as the gmorah’s definition of death, the Rav felt that it was the stopping of breathing that was the definition of death according to the gmorah [Talmud Yoma 85a].
…Rabbi Tendler told me about the Harvard criteria and brain-stem death and so on and I went to see the Rav on the subject…He asked me whether Rabbi [Moshe] Tendler is certain that this test [Apnea test]is conclusive without any doubt and that it has been tested and it’s accepted as conclusive proof that the brain-stem is dead.  I said yes. I offered to have Rabbi Tendler call the Rav and the Rav said no it’s not necessary. If Rabbi Tendler says this is so he knows what he is talking about in these matters and we can accept it.’ And that is when I wrote the letter to Rabbi [David] Silver explaining to him the procedure and telling him the exact language that should be written into the Pennsylvania law as the definition of death.”

 

Done with Brain Death

After all is said and done, there remains a legitimate halachic debate as to whether or not brain-stem death is halachic death. There are enough living halachic authorities on both sides of the divide that one is forced to recognize a plurality of halachic positions on this issue as there are with many halachic issues. The Halachic Organ Donor Society offers a unique organ donor card for the Jewish community that allows people to define death either at brain-stem death or at cessation of heartbeat.  At either point, one may become an organ donor and help save lives. No matter what your definition of death is, everyone is warmly invited to register for an organ donor card on-line at www.hods.org to fulfill the mitzvah of pickuah nefesh.  “Lo ta’amod al dam re’echa – Don’t stand idly by the blood of your brother.” Leviticus 19:16.

 

Can We Prevent the Hareidization of Orthodox Judaism?

 

 

In the past generation, Orthodox Jewry in Israel has increasingly become more extreme and has isolated itself from mainstream Israeli society. There is a continued distance and alienation of the Orthodox population from the non-Orthodox community, and a seeming lack of interest in integrating halakha and Torah with the concerns and circumstances of modern life. A similar tendency can be seen in the American Modern Orthodox community, having shifted in the past years toward the right (both religiously and politically). This phenomenon is known as “the Hareidization of Orthodox Jewry.”

This article introduces an Israeli organization that strives to promote an alternative route for Israeli Orthodoxy, mainly by returning to the core values of Torah im derekh erets, a religious worldview promulgated by the great nineteenth-century rabbi, Samson Raphael Hirsch.

 

Ne'emanei Torah vaAvodah (NTA)

 

Ne'emanei Torah vaAvodah (NTA) is a religious Zionist non-political organization founded in 1978 as a reaction to the hareidization of Orthodox Jewry. It is highly committed to strengthening and restoring the foundations of religious Zionism. NTA promotes tolerance, equality, and social justice as key values within the religious community. We believe these values to be the ones that positively influence and define the unique Jewish and democratic character of Israeli society. The members of NTA, men and women, young and old, rabbis and academics, have come together to volunteer their time and energy in actualizing the potential of religious Zionism in Israel. NTA is committed to halakha and strives for an open, contemplative, and self-critical religious culture engaged in evolving halakhic discourse that is willing to address the challenges of our time.

 In order to achieve these goals, the organization focuses on education and advocacy for modification and improvement of the religious public services offered in Israel, as well as high-quality publications, and public relations to bring our ideas into the forefront of the social-religious discourse. A few of NTA main activities will be described here.

 

The De'ot Journal

 

In the religious world, many social and educational issues are considered taboo and are therefore never discussed seriously. Religious discussions are often restricted to the holiness of the land and ritualistic stringency, whereas the values of human rights, human dignity, and democracy are pushed into a forgotten corner. We strongly believe the discourse must not exclude any of those issues, and we promote a pluralistic discussion within Orthodox society.

NTA publishes a journal, De'ot. Our main goal is to advance an open and courageous discussion within the Orthodox community of contemporary challenges, on the basis of a commitment to halakha combined with sensitivity to social issues. The journal offers a unique platform for presenting different approaches that deal with issues, difficulties, and problems that are largely ignored within the religious community. The writers of the De'ot journal are affiliated with a broad spectrum of the Orthodox community.

De'ot was the first journal to discuss publicly a variety of sensitive and complex topics in Orthodox society. Among those issues are: the participation of women in prayer and in the public reading of the Torah; homosexuality in the religious community; domestic violence in religious society; halakhic rulings regarding the Internet and their implications; premarital sex, and so forth. In addition, the journal also includes essays on a wide range of topics concerning the shaping of a Jewish-Israeli identity, in which alternative ways of thinking are formulated. In fact, De'ot is unique in being the only Orthodox journal in Israel that permits the publication of viewpoints that dissent from “conventional” opinions in the Orthodox community.

 

Et liDrosh ("A Time to Interpret")

 

Another publication that is meant to broaden the cultural and religious discourse is a Shabbath-Portion leaflet by the name of Et liDrosh, whose purpose is to provide a platform for a wide range of opinions, and in this way to enrich and vary the Orthodox discussions that are conducted by means of the Shabbat-Portion leaflets. Young people in the organization produce the leaflet, which deals with issues of particular concern to them and their outlook. The leaflet discusses religious and Israeli topics in an effort to bridge the religious and modern worlds. The writers of Et liDrosh are prominent cultural figures from religious and Israeli society, alongside young leaders who seek to take part in shaping the face of society. Past interviewees include Rabbi Yuval Cherlow and Rabbi Yehuda Gilad, Prof. Aviezer Ravizky, Ilana Dayan, and Ehud Banai. We believe that the exposure of the Orthodox public to different voices is likely to assist a formation of openness, tolerance, and attentiveness to different approaches.

 

Bet Midrash Re'im

 

The Orthodox community offers many institutions for Orthodox youth that are dedicated to the study of Torah. However, while the vast majority of Torah study institutions are run separately for women and for men, Re’im encourages men and women to learn together. We believe that the separation of men and women in the Bet Midrash detaches the experience of learning from life, and creates a reality in which the place where young people study Torah does not reflect their way of life.

For the past few years, NTA has operated a unique Orthodox Bet Midrash, named Re'im (Companions) open to both men and women. The Bet Midrash is composed of a group of young Orthodox men and women in their twenties, most of them students, graduates of institutes of higher Jewish learning. In the Bet Midrash Re'im, participants diligently study the Bible and Talmud and discuss issues in Jewish Thought, including a wide spectrum of topics connected to the general world's culture. The teachers combine in their lessons different historical and cultural perspectives, and special emphasis is given to the relevance to the critical issues that concern day-to-day life in Israeli society in the twenty-first century.

 

Activities to Improve Religious Services in Israel

 

Religious services in the State of Israel are in a serious crisis. The lack of proper marriage and divorce proceedings, burial arrangements that are not always conducted with due sensitivity, the piling up of difficulties in the conversion process, and other issues that are not addressed properly—these all create situations of injustice and anguish to a wide sector of the Israeli and Jewish society who come into contact with the institutions responsible for religious services in Israel. These problems cause a severance of the general public from religious institutions and ultimately from Judaism itself. The public's lack of trust—and the increasing discoveries of corruption—have brought about the dismantling of the Ministry of Religious Affairs; but a solution has not yet been put into place for providing appropriate, well-administered religious services.

In an attempt to address these problems, NTA established a committee of experts, including rabbis and academics, whose task was to formulate a comprehensive program that will provide religious services in Israel. The committee, which operates on a volunteer basis, formulated its recommendations in a report entitled "Report of the Religious Services Committee," whose main conclusion speaks of the need to transfer administrative responsibility for matters pertaining to religion from the political echelon to the civilian realm.

NTA promotes the implementation of the Committee's recommendations through activities on the political level through an effort to form a lobby in the Knesset (the Israeli Parliament) for changing the current structure of religious services in Israel. There is also a level of public awareness: our efforts are focused on exposing the wider public to the religious services crisis, and to offering possible solutions for addressing this situation.

NTA is the only organization in Israel that has dealt in a comprehensive way with the issues of religious services and has formulated a detailed proposal for changes. In this regard, the organization has dealt not only with the problem of marriage and divorce—with which many women's organizations are also involved—but also with the entirety of the issues related to the connection between religion and state. The implementation of the Report’s recommendations has the potential to initiate substantial, positive change in the relationship of citizens to religious services, and to constitute a turning point in the Jewish character of the State of Israel.

 NTA cooperates with other organizations in working for a solution to specific problems in the area of religious services. In the Ikar coalition, we work together with organizations struggling for a solution to the problem of aginut, in which women whose husbands have refused to grant them a religious divorce are not free to remarry.

  We take part in running the non-profit organization, Menuha Nekhona–Jerusalem. This organization was founded in order to provide an inclusive burial procedure for all Jews (Orthodox, Conservative, Reform, and unaffiliated) in Jerusalem. It is a known fact that an exclusively Hareidi monopoly runs all of the religious services in Israel, including all the burial procedures. This reality is even further emphasized in Jerusalem's cemetery, which is dominated by strict hlakhic rules. A daughter is not permitted to say Kaddish, a wife may not eulogize her husband, and a non-Orthodox Jew won't be buried unless approved by the Hareidi officials in charge. These are just a few examples of the problems of an exclusive Orthodox monopoly. NTA, together with Menuha Nekhona, strives to change this reality, and offers inclusive burial procedures in Jerusalem's cemetery. We already received approval from the Israeli Supreme Court for a burial area in Jerusalem's cemetery, and we plan to start using this area in the coming year.

Together with the women’s organizations Mavoi Satum and Kolekh, we are teaming up with Modern Orthodox rabbinic groups in Israel and in America in a landmark initiative to create an alternative rabbinical court. This is an attempt to create a real change in the religious apparatus that chains woman, converts, immigrants, non-Orthodox Jews, and others, and holds the entire country hostage to an antiquated system of a Hareidi monopoly. We believe that this alternative Bet Din could be the way to break this monopoly, and we hope that it will start functioning in the coming months.

  In conclusion, let me return to the title of this article: Can we prevent the hareidization of Modern Orthodox Judaism? There isn't, of course, any sure way to know how Orthodox Jewry will develop. We can promise, though, that in NTA we are doing everything possible within our means to promote a more pluralistic, tolerant, and inclusive Judaism that will restore the basic values of combining Torah with derekh erets; halakha with morality and human rights; the ancient Jewish tradition with the modern world. We hope we will succeed in preventing, to the extent possible, the hareidization of Modern Orthodox Jewry.

For comments please contact us by email: [email protected].

 

 

 

Agents of Social Change in Israel

 

 

   Rabbi Chaim Meimran, born and raised in Kiryat Gat, sees himself as an agent of social change within his community and within Israeli society. He is the founder of the Social Yeshiva High School in Kiryat Gat and after two years of study in the Merhav-Rabbinic Leadership for Social Change program at Memizrach Shemesh, he decided to introduce a Social Justice curriculum and rewrite the mission of the school to include an emphasis on the Jewish social values of solidarity and justice. These changes to the school are especially important in Rabbi Meimran's community where poverty and social inequalities are prevalent. Rabbi Meimran enjoyed his experience in the Merhav program. "Studying at Memizrach Shemesh made me look at my role as a Rabbi through a different prism; I understand now the important responsibility I have towards my community."

   Rabbi Memiran is one of many Israelis who have been inspired by Memizrach Shemesh, the Center for Jewish Social Leadership based in Jerusalem. Since 2000, Memizrach Shemesh has promoted a language of Jewish social responsibility in Israel. The Center, inspired by Mizrachi and Sephardi Jewish experience, philosophy and commentaries, trains social activists and fosters leadership that is committed to the Jewish values of social responsibility and community action. The aim of the Center is to strengthen a Jewish identity in Israel that emphasizes social values; by placing these values of communal responsibility and tikkun olam (repairing the world) at the center of Jewish identity, Memizrach Shemesh graduates will work to mitigate social gaps and at the same time reduce ideological polarization within Israeli society.

   Eli Bareket, Executive Director of Memizrach Shemesh, says that this emphasis on social values is imperative for the future of Israel. "The work we do can have a significant effect on the way Israeli society deals with social challenges like poverty and inequality; we have the opportunity to make a change using Jewish text study as our tool."

   The learning methods employed at Memizrach Shemesh are based on individual journeys and the use of personal stories in a Beit Midrash setting. Memizrach Shemesh participants meet weekly to study Jewish texts relating to social issues such as poverty, racism, inequality, education policy, community organizing and empowerment. Each session begins on a personal note, followed by Jewish text study and ending with a current event related to the social issue learned. The center initiates programming for rabbis, youth, students, educators, parents and activists.  Many Memizrach Shemesh alumnae continue on to become leaders within their communities:  on campus, in Israel's geographic or economic periphery and in the Israeli public school system.

   The Center's curriculum puts a special emphasis on Jewish texts, commentaries and responsa of Sephardic Rabbis. The philosophy and writings of these Rabbis are significant, because of their dynamic and fruitful encounter with modernity and assimilation, an encounter that was drastically different than the strict dichotomy between religious and secular that was evident in Ashkenazi Jewish communities following the Emancipation in Europe. This tolerant and inclusive Judaism has a lot to contribute to Israeli society today. The tools these rabbis used to deal with the challenges of assimilation and social conflicts within their communities can serve as a guide for Israeli society and Jewish life in the 21st Century.

    Memizrach Shemesh recognizes the increased need for Jewish social justice learning in Israeli society today. Every year the Israeli Social Security Authority announces that there are more and more families living under the poverty line. Also, there are growing ideological gaps between religious and secular Jews. If more Israelis connect to the idea that the guiding principles of Judaism are those of solidarity and justice, Israeli society can be unified and strengthened. With the help of Rabbi Meimran, his colleagues and many other Memizrach Shemesh alumnae, we envision a future of peace, unity and strength in the State of Israel.

 

For more info on Memizrach Shemesh, the Center for Jewish Social Leadership in Jerusalem, visit www.mizrach.org.il

 

 

 

 

Should Our Values be Made a Harlot?

 

I always took pride in the pervasiveness of the term “Tikkun Olam.” Of course, having been raised Orthodox, I was taught to resent the primacy other circles in Judaism granted social justice oriented mitsvot. I was told that this amounted to the implicit neglect of other more “real” Divine charges. This Orthodox critique of other denominations, while perhaps compelling, was not strong enough to undue the powerful messages I learned in Tanakh class. It was evident to me, as made clear by the prophets, that social justice was certainly a top Torah priority, no matter the modern socio-religious implications. With this understanding, I was drawn to carry the social justice banner with religious fervor and, not surprisingly, a smattering of self-righteousness as well. And, while we may have disagreed about the ideal balancing act between social justice oriented commandments and other mitsvot, it became clear that social justice was, in many respects, to most Orthodox Jews, a “pareve” cause. While other day-to-day mitsvot do in fact demand the usual attention, who can oppose efforts to feed the hungry and strides at upholding human dignity?

            With this understanding I began to explore the burgeoning world of social justice opportunities – fair trade, Free Tibet, mosquito nets in sub-Saharan Africa, domestic violence, the plight of the Palestinian people, immigration, to name a few. Soon, matters became murkier and questions about the complexities of social justice and Judaism abounded. When my friends and I worked to reinvigorate the Social Justice Society at Yeshiva University, late nights were spent debating the hierarchies of our efforts – Jews before non-Jews, Israel before other countries, New York before the rest of the world? Agunot or Darfur, the terror stricken youth of Sderot or the child soldiers of Uganda, microloans in Calcutta or Manhattan’s homeless? The realization that we could not just open up the Shulhan Arukh and find an answer was even more frustrating. Although Chief Rabbi Jonathan Sacks’ writings were great inspiration, we began to feel as if we were treading through unchartered waters. It became clear to us that these and other questions would never be fully resolved. Perhaps instead of bemoaning the fact that there was no clear-cut assur or muttar verdict, we ought to revel in the privilege to grapple with these issues hands-on. Eventually, these halakhic ambiguities empowered us to become the true masters of our deliberations; enabling us to own our decisions in a very real way.

            The dearth of halakhic discourse on these matters of social justice gave us a lot of flexibility. It meant that there was significant openness in terms of the causes that we selected address. Moreover, it hindered outside criticism and dissension; if there were no straightforward instructions, we were free to explore as we pleased; nearly any position or cause was legitimate from a Torah perspective.

It soon became apparent, however, that there were other concerns beyond the purely halakhic that might hamper the Orthodox receptiveness of our social justice efforts. No one will accuse the Orthodox community of being anxious to learn about unpleasant truths. One case in point, which continues to raise eyebrows no matter how delicately the matter is broached, is the troubling state of the commercial sex industry in Israel.

Sex slavery, a global phenomenon, is categorized by the UN Palermo Protocol as a form of human trafficking. Trafficked persons are recruited by force or coercion and exploited in various ways. One form of exploitation is through sex and prostitution, which has come to be termed “sex slavery.” The state of sex slavery in Israel is especially troubling; Israel’s inaction in combating this injustice continues to compel the US State Department to give Israel poor marks in its annual Trafficking in Persons Report (TIP), which measures every country’s anti-trafficking efforts. The TIP Report maintains that Israel is not in full compliance with international anti-trafficking standards and urges Israel to become more diligent in these efforts.

            Due to the very clandestine nature of sex trafficking, the precise number of sex slaves in Israel is unknown. However, some estimates by the Israeli government maintain that there are 3,000 sex slaves in Israel, while NGOs approximate that 3,000 new sex slaves are illegally trafficked into Israel each year alone. Machon Toda’a Awareness Center reports that most of these sex slaves come from the former Soviet Union. In their countries of origin they are recruited by traffickers promising them that low-paying jobs in the food, modeling and massage industries await them in Israel. These women are then trafficked into Israel through a variety of ways. Sometimes they are smuggled across the Israeli-Egyptian border, though due to increased security, this method has become less popular. Recently, traffickers have succeeded in smuggling women into Israel through seaports and even through Ben Gurion International Airport by using the stolen identities of Jewish women in the former Soviet Union.

According to the Task-Force on Human Trafficking, once in Israel, these exploited women are sold in auctions to pimps and brothel owners at a value between $5,000 and $10,000. At this point they serve as prostitutes, often paid little or nothing, are deprived of their rights, underfed, compelled to work 6-7 days a week, receiving between 15 and 20 clients each day, with whom they are forced to have unprotected sex.  Many of these women end up locked into discrete apartments and brothels, left with little outside contact and often find themselves with no way out. In fact, there are approximately one million visits per month to prostitutes in Israel, to both sex slaves and non-sex slaves. For a population of not even seven million, this number is staggering.

The facts speak for themselves; the state of sex slavery in Israel is appalling. NGOs bemoan what they call the Israeli government’s inaction and apathy in combating this pugnacious industry. Nevertheless, few, particularly Orthodox Jews, are willing to confront this reality. This hesitancy is often due to a confluence of concerns, specifically the issue’s inescapably unsavory nature. Beyond this, however, the conventional approach is to shy away from criticism of the State of Israel, especially if coming from a Diaspora Jew. Further, some claim, why focus specifically on Israel, when in fact sex slavery is an international injustice? Having taken on this issue, my colleagues in the YU Social Justice Society and I are intimately familiar with these concerns. And yet, it seems that precisely for these reasons – that it is distasteful and especially insidious in Israel – sex slavery ought to be a top priority of the Orthodox community.

Sex slaves are forced into having unwanted sex. They are essentially the victims of rape. Rape is undeniably a uniquely horrific phenomenon, the veracity of which is emphasized by the Torah. The Torah is arguably progressive in its redress to the incidence of rape; calling for the rapist to marry the victim. While perhaps traumatic for her, this in a sense protects the victim, insuring that her basic necessities will be met. On a more conceptual level, the Tanakh appears to go out of its way to record incidences of rape. Three rapes in particular, that of Dinah by the hands of Shekhem, the Concubine at Gibeah and Amnon’s rape of Tamar, are recorded in detail. Given that the Tanakh is selective with its words, the attention it accords rape is very suggestive. Perhaps because of rape’s insalubrious nature, the Torah accords it particular attention, urging us to overcome our own discomfort. This is, in a sense, a wake-up call to address rape; to confront sex slavery head-on.

While the Tanakh’s unprecedented regard for rape speaks volumes, the details of these episodes are even more powerful and instructive. In the narrative of Dinah’s rape, the action or inaction of the characters is particularly poignant. Dinah is completely passive, she has no voice. She is the victim of Shekhem who “took her and raped her” (Gen. 34: 2). Jacob too is entirely passive, he learns of the rape, yet does not react. Instead, due to his inaction, Simeon and Levi take action by cunningly massacring the city’s men. Their response is a violent, calculated, emotional one.

In the story of Dinah’s rape the complexities of responding to sexual coercion emerge. Jacob does nothing, “he kept silent” (Gen. 34: 5), whereas Simeon and Levi take matters into their own hands, and are later chastised by Jacob for doing so. And yet, their motivations are recorded, suggesting that they were not misplaced, for, as they declare, “should our sister be treated as a harlot?” (Gen. 34: 31).

The episode of the Concubine at Gibeah begins with the book’s recurring phrase “in those days when there was no king in Israel” (Jud. 19: 1). This prelude sets the stage for what will transpire, suggesting that not only did these occurrences happen because there was no king, but that because of this leadership vacuum, their was no legal recourse for the victims. Instead, the victim, or her memory, must be defended by personal initiative.

In this narrative, the Concubine, like Dinah, has no voice. Rather, the Lodger, in an act eerily similar to Lot in Sodom, gives over his own daughter and his guest’s Concubine to the mob instead of ceding the Concubine’s master, the Levite. The Concubine is then raped by the mob and consequently dies on the doorstep the following morning. Her master, in response to the rape, cuts her body up into twelve separate pieces, sending a piece to each tribe. “Everyone who saw it cried out ‘Never has such a thing happened … Put your mind to this; take counsel and decide.’” (Jud. 19:30). The Levite, like Simeon and Levi, responds to the rape emotionally, violently, which eventually leads to the extermination of the tribe of Benjamin.

The rape of Tamar is more layered than those of Dinah and the Concubine. Amnon’s actions are clearly premeditated and the rape itself is incestuous. Further, unlike Dinah and the Concubine, Tamar has a voice and cleverly, albeit unsuccessfully, tries to dissuade Amnon from raping her. In the aftermath of the rape, David, like Jacob remains silent. Absalom, Tamar’s brother, follows in the footsteps Simeon and Levi, responding violently, a response that leads to more bloodshed and the eventual undoing of David’s throne.

What emerges from these three rape narratives is the thorniness of responding to the crime of rape. It seems that none of these responses are ideal – neither the silence of Jacob and David nor the violence of Simeon and Levi, the Levite and Absalom. And yet, as a community, in responding to the tragedy of sex slavery, we remain silent, passive and inactive. Perhaps its time for us to internalize the Tanakh’s message and actively confront this vile reality.

People often ask me why I’ve chosen to devote time, through my work with the Task-Force on Human Trafficking, to combating sex slavery particularly in Israel. They also wonder about the denigration of Israel implicit in my efforts. These questions frequently transport me to the many hours we’ve passed in the Social Justice Society deliberating about the prioritization and hierarchies of our advocacy. Though we may never arrive at a conclusion, our unique connection and responsibility towards Israel is evident, especially in matters of sexual coercion. The Torah itself identifies the distinctive link between the heinousness of prostitution and Israel’s sanctity. “Do not degrade your daughter and make her a harlot, lest the land fall into harlotry and the land be filled with depravity” (Lev. 20:29). While sex slavery is indeed a global problem, as Jews, we have a distinctively religious, moral responsibility to combat this evil especially in the Holy Land. And, while these efforts may suggest a somewhat unfavorable view of the State of Israel, is it better to stand idly by in silence?

I still believe that the Orthodox community does value Tikkun Olam. However, as I’ve discovered through my anti-sex slavery advocacy, and efforts in the Social Justice Society, there is often a discord between our theoretical regard for these issues and our ability to effectively translate these beliefs into action. The challenge is to help ourselves hear the cry of the prophets to “speak truth to one another, render true and perfect justice in your gates” (Zech. 8:16), with the comparable immediacy we approach the bugs in our broccoli. In so doing we ought to facilitate conversations that may not be palatable to the typical Orthodox ear, to embrace even the unsavory, to be critical of ourselves and our homeland. Let it not be said that we have made a harlot of our values.

             

 

O Tempora O Mores

 

 

Do not say that earlier days were better than these!

—Kohelet 7:10

 

My late father, Rabbi Kopul Rosen died in 1962, at the age of 49. He was a remarkably charismatic personality, tall and elegant, an orator and public speaker of a type and style no longer to be found. He was arguably the most influential and certainly the most popular rabbi in the Britain of his day. But he was also the symbol of a kind of rabbi and a style of Orthodoxy that has all but disappeared.

My father was born in London in 1913 to a very modest family, and his gifts were recognized at an early age. He was invited to preach in various synagogues from the age of 13. He was taken under the wing of the great Rabbi Yechezkel Abramsky, Av Bet Din in London at the time and he was sent to learn at Mir in Lithuania, where he received his semikha from the Rav of the town and the Rosh Yeshiva. There he came under the powerful influence of the great mussar mashgiah, R. Yeruham Levovitz, and indeed he gave me his Hebrew name. Mussar became the most significant element in my father's early spiritual life.

He returned to England in 1937 and was appointed the Rav of a prominent synagogue in Manchester before being promoted as Communal Rabbi of Glasgow in 1944. Despite his responsibilities, he found time to travel once a month to Gateshead to learn with the great Rav Dessler who was staying there at that time before he moved to Israel.

In 1954, my father was called to London to become the Principal Rabbi of the Federation of Synagogues. It had been established by Lord Swaythling as a more Orthodox alternative to the dominant United Synagogue. It was a meteoric rise for a man in his early thirties. While he was in the rabbinate my father wore the “old-style” square cappel and frock coat. By contrast, my mother, although a model rebbetzin, did not normally cover her hair. My father, together with other distinguished “heimishe” rabbis, ate at the “unsupervised” vegan restaurant in Leicester Square and enjoyed the opera at Covent Garden. But this was a time when the United Synagogue itself possessed not one working kosher mikvah, and hardly any of its officers, let alone its members, were Shomer Shabbat.

After Chief Rabbi Hertz died in 1946, my father, only 32 at the time, was one of two final candidates to succeed him. Not only his youth but his independence told against him. He felt that the options open to him in the rabbinate were so limited that he increasingly focused on education, as this was a distraction from the pettiness and wrangling of communal affairs.

While still with the Federation, my father founded a Jewish boarding school, Carmel College, in the Berkshire countryside in 1948. It was modelled on the great English public schools, with their outstanding academic standards and well-rounded cultural and sporting programs. He wanted, in his own words, to offer the very best of Jerusalem and Athens. In his opinion, a Judaism that was not based on serious study would not survive. But equally, a person who could not find his way in the modern world and feel at home in Western culture would be lacking too. His vision of “authentic” Judaism was Maimonidean both in its elitism and its breadth of scholarship. His worldview had a lot in common both with R. Shimshon Raphael Hirsch on the one hand and Rav J. B. Soloveitchik on the other (with the caveat that many who purport to speak in their names nowadays do not).

In 1949, my father resigned from the rabbinate. Coincidentally, he also resigned as president of the Mizrahi Movement in the UK when it went into politics in Israel. He was adamantly opposed to religious political parties. He believed, correctly with hindsight, that religion would end up, in his words, “prostituting itself” for political gain. Yet he was always a religious Zionist and insisted on our using Havara Sepharadit when speaking Ivrit. His dream was to settle in Israel. At the time that he died, he had been negotiating to establish a school similar to Carmel College in Israel, outside Petah Tikvah.

Our family moved to the school campus of Carmel at Greenham Common outside Newbury. Three years later the school transferred to Mongewell Park some ten miles south of Oxford, and that was where we were brought up, in rural splendour—but isolated from the main London community.

Religious life at Carmel was self-sufficient, a little community of its own in which we were all encouraged to participate. When the school was in recess it became a sort of intellectual retreat for staff and visitors, rabbinic and academic, who would come down for weekends. My father particularly delighted in hosting visitors from Oxford University and from Israel. I remember their exchanges, the sparring on matters secular and religious and the constant appearance of stacks of books of all kinds that one had to read.

We were constantly being exposed to ideas of all kinds. I recall his constant reiteration of the need to understand and feel comfortable in dealing with the dominant culture and the best way of doing that was by being confident and well grounded in one's own. He was not in favour of enclavism, of hiding within a mental ghetto to protect oneself from outside challenges. Rather, he espoused confronting these challenges and learning how to either reconcile, accept, or reject. He was inclusive in his attitude toward individuals of all types of Jewish identity while holding strongly to his Orthodoxy and having no patience for Reform ideology. When he returned from a visit to America he told us how he was taken aback by the prominent rabbis and communal leaders he met who held any degree of religious practice in contempt.

Most of my father's pupils did not come from religious backgrounds, and he therefore saw his role as one of educating and encouraging, of winning over by presenting Judaism as both a vibrant experience and a great storehouse of learning and wisdom. Above all, he was lenient in his halakhic decisions, for others if not for himself.

This was the atmosphere in which I grew up—an atmosphere that was religiously and intellectually stimulating and yet on the fringes of the community, neither part of it yet neither completely detached. In 1967, my father sent me, a rebellious teenager, to Kol Torah yeshiva in Bayit veGan in Jerusalem. He believed that only an intensive “old-world” yeshiva education could give a Jew that profound respect and love for Torah that was essential for informed religious commitment, in the same way that he urged pupils to get a thorough and intense education in Western culture and science.

In Israel at this time you could count the number of “foreign” yeshiva bahurim on the fingers of your hands. Israel was still a poor, struggling, and largely socialist country. The daily diet revolved around TCP (tomatoes, cucumbers, and peppers), together with coarse black bread and margarine, and the universal eggplant. Meat was almost unavailable; we might get chicken for Shabbat if we were lucky. Hardly anyone had a car, apart from government ministers, and one contemporary who was fortunate enough to have a Vespa was regarded as something of a Rothschild. But there was an amazing pioneering atmosphere that is now largely lost.

The extent of the antagonism that existed to religion after the State was founded is largely forgotten. The divide in Israel between the Old Yishuv and the left-wing, secular pioneers, goes back a very long way. I arrived in Haifa by boat from Marseilles. Haifa was the most secular of Israeli cities and so left-wing that it was nicknamed “Red Haifa.” It was the only place in Israel where public transport continued on Shabbat. I was made fun of for wearing my cappel and was even spat at by a wild woman on Nof haCarmel. I was authoritatively informed that I did not need religion any more now that I had left the ghetto and come to this socialist paradise of liberated Jews. I asked for candles on Friday night at a Tiberias youth hostel. The caretaker told me I did not need to keep Shabbat any more now that there was Jewish State, and besides he did not fight for Israeli independence for people like me to drag the State back into the Middle Ages.

Employment was almost entirely controlled by the Histadrut, Ahdut haAvodah, and left-wing parties. It was unheard of to see men or women with head coverings working in public service. The League Against Religious Coercion used to send tenders full of brawny Kibbutzniks into Mea Shearim on a Shabbat spoiling for a fight. It is true the divide today remains as bitter as ever, but then the Orthodox were written off as unwanted fossils. Now there is a political battle for supremacy between rivals that count large followings, and both sides are more nuanced.

The yeshiva world then was dominated by the mighty institutions of Hevron and Mir in Jerusalem and Ponevez and Slabodka in B’nei Brak. The only Hassidic yeshiva of note at that time was that of the Tchebiner Rov. The Brisker Rov and the legacy of the Hazon Ish were powerful influences but not yet institutionalized. There were other smaller yeshivot in Bnei Brak and Jerusalem, and some rural ones like Kfar Hassidim. The once great Merkaz haRav Kook, torchbearer of religious Zionism, was a small collection of incompatible individuals living on its glorious past, around a courtyard at the back of the old Egged terminal on Rehov Kook. There was no such thing as a “modern” or a ba’al-teshuva yeshiva, much less institutions for American kids on one-year excursions.

Kol Torah was the new institution then, unique in that its old Mir Rashei Yeshiva had determined to build a clean, modern yeshiva with running water, baths, and the sort of facilities not available elsewhere. It was impressive, but too clinical for me. I was invited to the poorer, more primitive and less institutionalized yeshiva of Be'er Yaakov, for a Shabbat, and I was hooked.

Be'er Yaakov had recently started up, amongst the orchards and jackals of the coastal plane. It was a collection of bedbug-ridden huts dominated by an unlikely pair of master teachers with their rival groups of devotees, the intellectually brilliant and jovial Moshe Shapiro and the somber mussar giant Shlomo Volbe, both graduates of Mir in Lithuania. It was intense, passionate, and totally inspirational, such a contrast to insipid Anglo Jewry. Here one could experience the passion of prayer, the introspection of serious Mussar, and the excitement of intense Torah study. Perhaps it was its smallness that enabled it to be so different, and of course as it grew it lost its initial pioneering magic.

Rav Volbe was rumored to have studied philosophy in Germany before rejecting its values and moving to Mir. Certainly his Mussar had an analytical and intellectual aspect to it. When I heard him talk about Rambam's concept of “The Perfect Unity of God” I dared to confide that I did not understand what a perfect unity was and asked if this did not conflict with Rambam's suggestion that one could only say what God was not. He smiled at me, his gray eyes fixing me through his bottle round glasses, “Don't worry, young man. Learn Torah and one day you'll understand.” In all my years in yeshiva this was the nearest I ever got to discussing philosophy.

Be'er Yaakov was where I met Brooklyn boys for the first time. They seemed to have a social scale of values that all Jews were better than all white non-Jews, all white non-Jews were automatically better than all black non-Jews, and the only exceptions to the rule were Lubavitch Hassidim who were worse than the worst black non-Jews. This was my first intimation that I was seriously out of intellectual step with a significant part of the Orthodox world!

After two different periods at Be'er Yaakov, I wanted to add other dimensions to my yeshiva curriculum and transferred to Merkaz haRav Kook, largely because of the Nazir's evening lectures on mysticism and philosophy. I was disappointed by the yeshiva itself because of its heavy involvement in Israeli politics, which I found unsavory and corrupt. (Only later did I discover that my father had resigned from Presidency of the Mizrahi organization in Britain when the Israeli branch entered the Knesset. He had never discussed it with me. He later told me he wanted me to come to my own conclusions.)

One lesson I learnt from Merkaz was that it is “The Hour that Maketh the Man.” Rav Zvi Yehuda Kook had a small coterie of faithful students around him. Most of them are now prominent in Israeli religious life. But he was largely ignored both by the rest of the yeshiva and certainly by the outside world as a man of weird and messianic views. After 1966, when the West Bank was captured and the wave of idealism swept the country, Rav Zvi Yehuda was transformed overnight into the voice of radical territorial messianism.

Thousands came to hear him repeat the same ideas that a year or two earlier had been all but ignored. This taught me, too, that tides of opinion and ideology, political and religious, go in and out according to external factors that the individual cannot hope to predict or control. I found this frustrating in one way, because it meant one's opinions mattered less than what was fashionable at the time. But it was also ultimately comforting. Even if my perception of the spiritual life was currently out of fashion, eventually the circle would turn.

I returned to the UK because my father had insisted I have, if not a career, at least qualifications that would enable me to be self-sufficient. My yeshiva contemporaries tried all sorts of devices to prevent me from leaving, moral and spiritual blackmail. And I tried. But my father, fortunately and thankfully, stood firm. When we discussed my future, I suggested I might want to go into Jewish education or the rabbinate. Even if secretly my father might have been pleased, his jaundiced view of a rabbi's life led him to insist that I have another career as a fall-back, so I applied to Cambridge University to study architecture. Tragically, he lost his battle with leukemia and died just a few months into his 50th year. Now there was no doubt in my mind I had to try my best to follow in his footsteps.

My plan was to get the most I could out of Cambridge. I switched my field of study to philosophy. They called it “moral science” in those days, although it was neither moral nor scientific. But it was a wonderful introduction to rational thought, and in particular, to linguistic analysis, which stood me in great stead in my life as a teacher. I loved Cambridge and delighted in all the cultural and sporting as well as intellectual opportunities it offered. Although there was a small vibrant community of yeshiva graduates and a little student synagogue with Shabbat meals and regular services, nevertheless my Jewish soul went into a kind of hibernation.

Eventually it was time to exchange one world for another and I wanted it to be as intense and overwhelming an experience in Torah as I had just experienced in Western culture. So I wrote to Reb Leizer Yehuda Finkel of Mir, asking if I could come to learn there. I chose Mir because I was now in my twenties and wanted older company. In those days Mir was almost entirely a Kollel. I also wanted to be in the intense atmosphere of Mea Shearim and Bet Yisrael. It was hemmed into its own little extreme Ghetto, close to the Jordanian border in a divided Jerusalem, near the Mandlebaum Gate the only crossing point east. It was as far from Cambridge as one could get. Reb Leizer Yehuda replied, accepting me. Of course it was nothing to do with my achievements, but simply his policy of accepting the sons of old Mir alumni.

By the time I arrived in Mir in 1965, Reb Leizer Yehuda had died. I was ushered into his son Reb Chaim Zev Finkel “Chazap,” who received me kindly. I told him I wanted to learn in Mir. He asked me where I had come from. I said from Cambridge.

“Oh,” he said, “this is not the right yeshiva for you, and anyway we are very full. We have no space.”

“But I was at Be'er Yaakov before that,” I replied.

“Well, that is different. But tell me what did you study at Cambridge?”

“Philosophy,” I replied.

“No, this is definitely not the place for you. Try Merkaz haRav Kook.”

“But I have a letter here from Reb Leizer Yehuda accepting me.” I produced my trump card.

He took it and read it. “Oh, so you are the son of Kopul. Well, I cannot go against my father. But I warn you, if you talk any philosophy here in the yeshiva you will be thrown out.”

What was I going to say, that the philosophy I had studied was not anti-religious? It was not at all interested in religion because God was non-empirical? As A. J. Ayer had said, any statement that could not be empirically verified was “non-sense” (not rubbish, simply a subject there was no point in discussing rationally). Or that as Wittgenstein had said, “That about which we cannot speak we must remain silent?” Besides, I had no intention of spending any time on anything other than Torah. I knew that I would have to suppress the rational side of my mind. So I was only too happy to agree and thus began my years in Mir.

The traditional yeshiva was neither designed to deal with theological issues nor with intellectual doubt. The assumption was and remains that everyone had bought into the essential principles and ideas of its world. The question of belief in God or a definition of “truth” would never arise in such an environment. Certainly there was no one there who would have known how to respond to a challenge from outside its own parameters. In many ways, it makes sense for an institution to concentrate on its core expertise. But it meant that for the person who thought independently or who had questions that required rational answers, the traditional yeshiva was unable to meet those needs.

Much later, different types of yeshiva emerged in which discussion and debate were encouraged, mainly what are called ba’al-teshuva or outreach yeshivot. But even then the debate is usually within defined parameters and from a theological rather than a philosophical point of view. That is to say, theology is committed to its conclusions even before a word is spoken; whereas philosophy tries to discover what the answer might be or might not be. Still I have my doubts as to whether it is worth diluting a specialized institution. Anyway, it did not matter to me. I had my fill of rational argument at Cambridge. Abstractions had lost much of their attraction. I really did want to leave that behind while I concentrated on a totally different sphere of religious experience.

Sadly “Chazap” himself soon died and that left Reb Chaim Shmulevitz as the Rosh Yeshiva and his son-in-law Reb Nochum “Trokker” as the power behind the throne. Reb Beinish Finkel was also a Rosh Yeshiva, but despite his impressive appearance he was not in the same caliber as Reb Chaim, and devoted most his time to fundraising.

When, in my second year, Reb Chaim began to give mussar talks as well as his talmudic tours de force he was simply extending his brilliant talmudic method to the realms of midrash instead of halakha or pilpul. Reb Chaim would occasionally launch into the political arena. He said he would not allow any of his pupils to teach in a Yeshiva Tikhonit. And during election time he said he knew that the major religious party that spoke for the Hareidi world at that stage, Agguda, was corrupt but that everyone should vote Agguda because that would benefit the Yeshiva world most. The only way I could get out of being press-ganged into working for Agguda was by declaring myself a member of Neturei Karta! Actually a significant proportion of Mir Kolleniks at that time were loyal to Neturei Karta, including the first “foreign minister” of the movement, the American Moshe Hirsch.                      

Mir was a shadow then of its present incarnation. The main building was the same on the outside then as it is today. In those days, though, you entered to the smell of the urinals on the ground floor that everyone in the area took advantage of, and the bedrooms next to them were the refuge of waifs and strays in Bet Yisrael. The main Bet Midrash upstairs was half its present size. It filled up only during the mornings, when many Yerushalmi kollel men chose to come and study in Mir. It was packed again for the shiurim given by Reb Chaim and Reb Nochum. But otherwise in the evenings it was all but empty except for the small number of single men who had no home to go back to. In winter the improvised paraffin metal stove that heated the hall emitted noxious fumes and clouds of smoke. But for the few late-night learners it was a haven, as well as a place where the local beggars could come and warm themselves against the fierce Yerushalmi winters. The north side of the building housed the rashei yeshiva and their families and the place had an air of run down familiarity. Mir then was small, intimate, and familial, with only a handful of “foreign” students.

I was given a bed in a room on the third floor with two forty-year-old bachelors. The room was a garbage dump. My roommates spent a good part of each day lying on their beds, chain smoking, making notes and comments on the Gemara. They seemed impervious to the filth, the smell, the dirty laundry, the ash, the dirt, and the bugs crawling up the wall. Initially I was in a state of shock, close to tears. I wondered if this was a last ditch attempt to stop me from coming to Mir. But I soon set to work, cleaned and disinfected. All the while, the two old bachelors continued to ignore me. I imposed my standards of cleanliness, bought them ashtrays, and within six months they had both left to get married. The only thing I could not clean or repair was the one bathroom, which served as a general dumping ground and storeroom. And so visits to Zupnick's mikvah became the only opportunities for hot water.

The contrast with university could not have been greater, especially the notion of study for study's sake, not to pass exams or to graduate. It was far more demanding than any other sort of study I had experienced. The dedication of men of all ages was tangible, completely immersed and living every moment they could in Torah. It was intoxicating. Now my soul came alive and the values of Cambridge receded into the past. It was easy to spend 16 to 18 hours a day in study, and I had so much to catch up on. It was seductive. I considered making it my life. The shidukhim I was offered all required that I devote myself entirely to the yeshiva world. But I knew my loyalty to my father's memory required me to go back out into the world of disappearing Jewry and tilt at windmills.

I stayed at Mir throughout the year, not like nowadays when flights are cheap and visits home or for vacation are considered the norm. I left only one summer to go to Southern Rhodesia, as it was then, on a mission to help the community in Bulawayo. Afterward, it was arranged that I would meet up with Rav Beinish in Johannesburg to help his fundraising campaign. I asked Reb Chaim what he thought I ought to do about Apartheid and racial discrimination. He said, to his credit, that he did not know enough about the situation to give me an opinion and I should make up my own mind. How unlike so many current rashei yeshiva who seem to have received “Daas Torah” on every possible situation. My Rhodesia experience was electrifying and confirmed my desire to preach, teach and outreach.

Another year, I returned to England for a summer break to be with my widowed mother and family. Otherwise, though I say it myself, I was a complete “matmid.” I had no time or interest in anything else—no books, newspapers, music, or other distraction.

The only external influences I allowed myself were when occasionally on a Shabbat I would emerge from the depths of Mea Shearim and venture into Rehavia. Either I would visit the former Chief Rabbi of South Africa, Louis Rabinowitz, or Yaacov and Penina Herzog. Louis was primarily concerned with my future as a community rabbi. He kept insisting that I should not lose myself in the ivory tower of yeshiva, but prepare myself for the outside world and absorb as much knowledge as I could of Bible, history, and thought. He was a great raconteur and liked to entertain with stories of his rabbinical battles, either for Zionism or against Apartheid. His emphasis on national and universal issues had a significant influence on me.

The Herzog house was altogether more ethereal. The younger son of former Chief Rabbi Herzog, Yaacov Herzog, had been the Israeli Ambassador to Canada and had argued publicly with the notoriously anti-Jewish historian Arnold Toynbee, who found no room in his history of the world for the Jews. A career diplomat, he was then the Director of the Foreign Ministry. His rabbinical credentials were impressive, but it was his combination of Jewish and Western culture in such an elegant and appealing way that really had a greater impact on me than anyone other than my father. He was actually appointed Chief Rabbi of the UK, but illness intervened, and yet another brilliant mind and magnetic personality died far too early.

Another of his regular guests was Haym Soloveitchik, brilliant, incisive, and critical of the religious distortions he saw around him. He too was a strong influence on me in emphasizing the importance of academic analysis and discipline. I was tempted to consider academia. But I could not envision myself in an ivory tower. I did however realize that one of the most important elements in a good education is to have the privilege of meeting and getting to know great minds and listening to alternative perspectives.

Eventually, I devoted myself to Yoreh Deah with a brilliant but strange Alter Mirrer, an old bachelor called Sobel who knew every word of every commentary by heart. Although he always brought his own text with him, he never seemed to need to consult it. He was also an expert in linguistics and I was always being asked to order books by the great Danish linguists for him.

I jumped through the hoops and passed the exams and interrogations of various dayanim until I came finally to ask Reb Chaim for semikha. He asked me to go and speak to Reb Nochum, because he had some things he wanted to ask me. I walked with trepidation down to his subterranean apartment. We had only had a few extended personal conversations of significance during my time in Mir. One was when he wanted suggest a shidukh. Another was one Pesah I stayed in yeshiva and we had a conversation over the divide between the secular and the religious in Israel. He told me that he did not really understand what the problem was. His children realized and understood the problem but did not know how to deal with it. Perhaps, he suggested, his grandchildren would be able to rectify matters.

I can only recall one conversation with Reb Chaim. It was some years after I had left and had come back to recharge my batteries. It was over the limits of leniency in halakha and the room for change. I talked about the pressures in the rabbinate for change, particularly on women's issues. He said that in his opinion, though he was not paskening, so long as I could find two Rishonim who agreed with what I wanted to do, I could, within my own community, permit what custom had not.

Reb Nochum was always wise, measured, and friendly. But I did not know what to expect this time. He sat me down and then, with that twinkle in his eye and half-smile, he started.

“Before I can recommend Reb Chaim to give you semikha I want to clarify a few things that I have heard that you said.”

My stomach churned. I had behaved impeccably. I had studied diligently. I had not, to my memory, ever stepped out of line in any way or raised any controversial issues. But clearly I had been spied upon relentlessly. What was going to come out?

“I heard that you said that shlogging kapporos (slaughtering chickens before Yom Kippur as a ceremonial of atonement) is barbaric.”

“Yes,” I admitted. I had, after all, been sick after my first practical shehita lesson. I could not eat meat for months after visiting an abattoir. I admitted I found the kapporos business barbaric.

“Actually, I agree with you. We never did kapporos back in Lithuania. But if you are going to be a Rav in a community you need to be very careful what language you use. Barbaric is a very harsh word and people will get the wrong impression. Do you understand me?”

“Yes. I understand what you are saying and of course you are right. Hakhamim hizaharu beDivreikhem.”

“Yes, but you also said that Rambam cannot answer our problems because he based himself on Aristotle and nowadays no one thinks the way Aristotle did.” I admitted that error too, relieved if after years of being observed this was all they had against me.

He continued, “Look, if the Jews then were on a much higher level than the Jews nowadays, which of course you will agree, so it must be that the great non-Jews then were greater than the non-Jews nowadays. So how can someone nowadays say Aristotle was wrong?”

What could I say? He looked searchingly at me. I looked down in capitulation. I was not going to dig a bigger hole for myself.

“And I heard you said that if Noah’s flood had covered all of the earth, why were there kangaroos only in Australia? What does that mean?”

I started to explain what the problem was, and that these were the sorts of issues that a rabbi going out into the secular world would have to deal with, and I was just looking for answers.”

He must have been satisfied because he told me to go upstairs again to Reb Chaim, who wrote out a semikha that I am embarrassed to read to this day, so generous is the wording. I often went back over the summer to relive the past, to see that, despite the enlargements and new building, that traces of the hole could still be seen, where a shell hit the yeshiva in the Six-Day War of 1967 as everyone huddled down in the kitchen. Illness struck yet another member of the family and Reb Nochum bravely battled it. But it was sad to see his slow deterioration. His untimely death was a terrible loss to the Torah world in more ways than one. I don't know what it was about Mir that so much talent expired before its time. Perhaps the fire burnt so powerfully it burnt itself out. Or, to borrow from another culture, “Those whom the gods love, die young.”

The world I entered when I returned to Britain to become a pulpit rabbi was a very different one. Despite my time in Cambridge, it was still a culture shock. Religion was and is so much more a matter of social convention and conformity than spiritual excitement. Adjusting to a world outwardly mine, but in fact very far removed, was a challenge. Unlike in the United States, nominal Orthodoxy is the dominant denomination in Britain. Reform and Conservative have always been minority interests. Most of the rabbis or reverends in the Anglo-Jewish world of the 1960s were graduates of Jews College, with its academic approach to Jewish Studies. Homiletics, liturgy, history, and pastoral skills vied with Talmud for a place in the curriculum. (Insofar as I had any knowledge or expertise in these areas I was completely self-taught.)

Most of those I knew were admirers of the controversial Rabbi Louis Jacobs, who ended up being effectively driven out of the Orthodox community. But given the nature of Anglo Jewry, most of them decided to remain silent and keep their jobs. I on the other hand, was the first of a trickle that turned into a tidal wave of rabbis trained in black-hat yeshivot. The only alternative to the established rabbinate at that time was the fledgling Chabad movement. The ba’al-teshuva and outreach organizations were years away.

So when I started in the rabbinate I was coming from the right wing. It is true that my background gave me a more open and cultured approach, which helped me a great deal in reaching out to disaffected youngsters. But certainly my loyalty was more with what would later come to be known as the Hareidi world than the more flaccid Rabbinical School brand of Judaism. I found the United Synagogue a very uncomfortable, pompous and alienating place with its bureaucratic centralized authority. So I looked for independent Orthodox synagogues where I would be the Mara D'Atra rather than a cog in the wheel.

My first position was in Glasgow, where many still remembered my father with awe and affection. It had at the time some 15,000 Jews. My synagogue, Giffnock, was huge, nearly a thousand families—but only a small core of religiously committed individuals. Its ethos and origins were strongly Lithuanian. The vast majority of the community, particularly the younger generation, was uninterested and disaffected. The rabbinate in the city was riven by rivalry and its status was low. It was the perfect place for me because I could both provide for the old guard with daily Gemara and other shiurim and reach out to the youngsters, going where I knew I could find them and trying to present a different image of Judaism than the stuffy and killjoy one that they had previously seen. I wanted to show that one could be a modern citizen of the world and enjoy its many legitimate experiences while still adhering strictly to Torah. I tried to make the services more accessible. I would often interrupt the congregation's talking, not to shut them up directly, but to interest them in the relevant text with an explanation or observation. It helped relieve the boredom of those who understood little and cared less.

And I went out of my way to court controversy. Most of my congregants ate out in the city. I caused a stir by suggesting that if they ate smoked salmon or salad on cold plates instead of eating outright treif, they would avoid breaking any laws. As word spread, I was called by various scandalized colleagues asking me how I could justify salads without a proper check for bugs. I assured them I would give a lecture on the subject.

My methods succeeded. The synagogue began to fill up and my time in Glasgow was exciting and rewarding, the community warm and appreciative. It was hard work—almost 300 weddings and bar mitzvas in three years and constant sick visiting, funerals, and shiva houses to attend. But I made many friends who have stayed in touch ever since. Outside of its decaying industrial centres, Glasgow was a wonderful place to live, an hour's drive from the Highlands or the sea. It was only the accident of the premature resignation of the headmaster of Carmel College, my father's school, that enticed me away from my Scottish idyll. I was certainly not going to turn down the opportunity of trying to continue my father's work.

The next fourteen years of my life as Principal of Carmel College were an opportunity for me to teach my religious attitudes and values to some three hundred 11- to 19-year-old pupils a year, from around the world. That too was an exciting and highly rewarding experience, but education is a different field than the rabbinate.

After a sabbatical in Israel in 1984, I returned to the rabbinate in London to the only old style Orthodox independent synagogue, the Western Synagogue, which was two hundred years old. The observant Jewish community had all but abandoned central London for the northern suburbs, leaving the Western without a significant local constituency. It survived because it owned its own lucrative burial grounds and its own building. I chose it precisely because of its independence and my insistence on not putting myself in a position where authority or pressure to conform would in any way hamper my style.

The demands of the community were not excessive and this gave me a great deal of time to contribute to wider issues. The synagogue also had a community centre that attracted attendance during the week from those who lived throughout the London area. But there were too many declining and virtually empty Orthodox synagogues in the West End of London and it seemed only sensible to merge. The nearest synagogue was Marble Arch, a constituent of the mainstream United Synagogue. I encouraged the merger, hoping the new combined synagogue would be independent too. But when it transpired that a condition of the merger would be the absorption of the Western into the United Synagogue, I knew that even if it was in everyone else's interests, it was not in mine. So in 1990 I decided to leave the rabbinate again.

During my time in the Western I had encountered so many examples of religious bureaucracy and politics in the United Synagogue and its Bet Din, examples of pressure brought to bear on recalcitrant or simply independently minded rabbis, that it was clear my old antipathies towards the Establishment were justified as ever. In general, a more exclusivist and intolerant mood was prevailing on such issues as excessive and unrealistic demands on genuine converts, increasing strictness on matters of kashruth and interaction with other, less Orthodox parts of the community. With the retirement of Chief Rabbi Jakobovits, whom I admired and worked for on Interfaith issues, there was no one left who could still hold the line, the writing was on the wall. I went off on my travels.

A few years later I returned to the UK to head YAKAR, the adult education center my brother, Mickey, had founded and named after our father, Yaakov Kopul Rosen. It stood for all the values I cherished: deep commitment to halakha combined with social responsibility, tolerance, and independent thought. But the UK was not and is not a welcoming place for nonconformity. Pressure to belong and to be seen to conform, fear of being perceived as an outsider, eventually tame and silence rebels, or drive them away. Some good and creative things have indeed happened in Anglo Jewry, but they are invariably from outside of the mainstream and the establishment. This is probably why most of my talented contemporaries have left the UK for either Israel or the United States.

Much of this may sound strange to American readers used to each synagogue being independent and self-sufficient, without the European tradition of state-recognized institutional religion, where pressure can be brought on individual rabbis and communities. Sadly, the European model was imported into Israel where a government-supported rabbinate and the politicized nature of religious life have combined to make religion a business and power game rather than a spiritual inspiration and a model of ethical values. The strength of American Judaism was always the laissez faire atmosphere of individual synagogue autonomy.

But the fact is that the disease of religious pressure to conform is spreading. Perhaps not in the structural style of Napoleonic Europe, but certainly in the way pressure is being brought positively and by default. Too many rabbis are worried about being regarded suspiciously by extreme opinion. There is a natural but disappointing need to conform to the authority and influence of more fundamentalist powers and movements. If this is positive in the way it emphasizes the importance of obedience to halakhic norms, it is regrettable in that it restricts variety. In addition there is the gap that has opened up so that halakhic authority and expertise do not automatically go together with wisdom and breadth of vision. In the United States, the increasing voice of extremism used to be balanced by outstanding alternative giants. In their absence, the alternative paradigm of popular absolutism is becoming the norm.

The space for innovation within halakha and freedom of thought is shrinking. On the other hand, there are signs of a fight back through institutions such as Yeshivat Chovevei Torah, Drisha, the Institute for Jewish Ideas and Ideals, and the few still prepared to stand up for their views. Edah, although it no longer functions, still lives on in spirit. But there are mixed signals; some synagogues are prepared to take risks, others not. It is still too early and we are too close to the events to know how this will play out, but my optimism stems from the historical fact of cycles in thought and fashion. What I have noticed is that in the absence of significant religious leaders and authorities to do battle, so-called modern or moderate Orthodoxy has become a grassroots movement of significance and if anything it is growing rather than shrinking.

After over 40 years in the rabbinate, my own ideas have changed little but the Jewish world itself is transformed, I would say hijacked, by the increasing fundamentalism of the Hareidi world. Whereas once Be’er Yaakov and Mir stood for the Lithuanian alternative to Hassidic populism and anti intellectualism, now even the yeshiva world has adopted Hassidic attitudes toward authority, credulity, and conformity. The politicization of religion has worsened and the capitulation of the Israeli Chief Rabbinate to the Hareidi world must be making the bodies of such great rabbanim as Rabbis Herzog, Goren, Amiel, and Uzziel to mention only the most obvious, turn in their graves.

Yet the fact is that the Hareidi world for all its abuses, misuses, and hypocrisies does contain the fastest growing core of Torah-committed Jews, devoted to study to an extent never before seen. And I sometimes wonder why it is that now that I, so far to the left of virtually all their theological and social positions, still consider myself more loyal to that world than to any other. And I hazard the suggestion that maybe the times require it. Perhaps the pressures of a secular, self-indulgent, material world are so strong and pervasive that the only way for the mass of Jews to survive religiously is through this inward looking self protective enclavism. Maybe this is a time of Hora’at Shaah leMigdar Milta. And if God controls the ebbs and flows of history, this is His way of talking to us today. But even so, this does not mean each individual has to follow this path. The individual must remain true to himself or herself.

How did I come to be the nonconformist and independently minded Orthodox person I am? Of course I owe most of it to the example of my father. His persona and the way religious life was a delight rather than a burden certainly played their part. But I think his pendulum theory, perhaps borrowed from Rambam, is significant. Ideally one must experience the most intense examples of two different approaches to life in order to find a balance in the middle. Of course that is not easy and not everyone can tolerate the strains such bifurcation imposes. Above all one needs to have confidence in oneself to be a minority within a minority within a minority. Certainly knowledge of text, experience of the living Judaism, of the attitudes and ideas of previous generations, together with the passion of intense religious experience can give one the confidence to feel one is walking in the footsteps of giants. For all my criticisms I know that Jewish life in the Diaspora, as well as in Israel is stronger than it has been for thousands of years even if we are lacking the individual giants we once had. Perhaps this is the nature of modernity and individuality. If so, I welcome it.