Question: I am the Jewish Chaplain in a University in the U.K. Our graduation ceremony is held annually in our nearby city cathedral. The building is over 1000 years old and the experience is awe inspiring. One of my students is strictly orthodox and is concerned that he is not permitted to enter therein. He is also concerned that in entering the cathedral he will be walking through the attached cemetery where some of the graves are marked with a cross. He is not a Cohen so the cemetery prohibition does not apply. I would like to assure him that attendance by him and his parents will be permissible.
Thank you for bringing this question to me through JVO. As the former Orthodox Jewish chaplain at Harvard University, and the current dean of an institution which attracts many elite university students, I have deep appreciation for the office you hold.
I suspect that I cannot give you the assurance you prefer, for reasons I will set forth briefly. I hope that you’ll read what follows nonetheless. At the end I have some broader comments on the university chaplaincy.
The formal halakhic issue generally raised in this context is that of benefiting from a space dedicated to “avodah zarah”. Avodah Zarah is often mistranslated “idol worship”, but really refers to both worship of a false god or gods and egregiously improper worship of the true G-d.
Jewish scholars have debated for a millennium whether Christianity falls into this category. Leaving aside the technical legal discussion (you can read my opinion here), there is today on the one hand a recognition and acknowledgement of the good that Christianity does in the world and for Jews, including Catholic opposition to anti-Semitism and Evangelical support for Israel, and on the other hand an awareness of a long history of deadly violence, religious war, and persecution, and of Jews who martyred themselves rather than accept Christianity (which is only necessary halakhically if Christianity is classified as avodah zarah).
Contemporary Orthodox Halakhists respond to this tension in various ways. They distinguish between the religion and the religionist, and/or between “technical” and “substantive” avodah zarah. Some hold that Christianity is avodah zarah for Jews but not for Gentiles. Some hold that Trinitarian beliefs are not avodah zarah, but that specific practices such as the Eucharist (if one believes in transubstantiation or an equivalent) or kneeling before crucifixes are avodah zarah. Regardless, to the best of my understanding, the prohibition against entering sanctuaries actively used for and dedicated to Catholic or Anglican worship remains in force. It is redoubled rather than mitigated when associated with powerful ritual such as university commencements.
A pluralistic ethos has led some universities to rededicate their initially Christian sacred spaces as generic religious spaces into which religiously particularist symbols and accoutrements are inserted as necessary. If Muslim and Jewish and Sikh et al worship are now genuinely at home in the space in the same way as Christian worship, rather than (even the most honored of) guests, in my opinion the prohibition no longer applies. Possibly the same is true of some UK public cathedrals.
I should note that in my opinion none of this applies to walking through Christian cemeteries.
There remain two questions. First, all halakhic prohibitions exist within a matrix of values, and one might argue that other values supervene here. Second, what is the proper role of a university chaplain when a student expresses this sort of sensibility?
On the first:
There are circumstances under which I agree that Jews, especially public Jewish figures, may or must enter such spaces for the communal good. However, your formulation of the question argues only that it would provide the student himself with an edifying experience.
It would be foolish and dishonest to deny that Christian ritual itself can be powerful and uplifting and a genuine experience of transcendence. Nonetheless, Halakhah forbids Jews to seek out this experience. Let us grant the objective truth of your report of the positive power of the experience. Religious exclusivity has its costs, as does all exclusivity. We pay them willingly.
Moreover, I hold that a self-confident and historically aware Jewish community should strongly resist efforts to make Christian spaces the mandatory locus of universal rites of passage, even when there may be technical workarounds. The Harvard baccalaureate takes place in Memorial Chapel. I am proud of Deborah Klapper for choosing (before she met me) not to attend that portion of her Harvard graduation, and of the Harvard Divinity School valedictorian who did the same davka to make that point. And of the many others who did the same.
On the second:
A university chaplain should always be pushing students to develop their autonomous religiosity, especially when dealing with students who do not belong to one’s specific sect or denomination or confession. One can share one’s own core beliefs and experience, when the student has actively requested such sharing. Within specific terms of engagement, one can even seek to persuade.
With respect, however, and recognizing that my experience and attitudes may be parochially American, I don’t see it as the proper role of a chaplain to reassure an Orthodox student, who expressed an authentic religious discomfort, that something is halakhically permitted. Rather, I think you should encourage the student to do their own halakhic research; to develop relationships with Orthodox halakhists; and if they have discomfort with the results, to explore what that means for their religious identity. Under some circumstances, it might be your responsibility to represent the student’s discomfort to the university and advocate for the ceremony’s location to be changed. I am not comfortable with your trying to mediate or shield students from aspects of their tradition that you feel would deny them a worthwhile experience, any more than it would have been proper for me to reassure a Reform student that his or her denomination really opposes intermarriage, on the basis of finding some rabbis who held that way.
I acknowledge that this issue can generate serious intrafamily tension. Parents often have a deeper desire to see their child’s diploma ceremony than the child has to participate, and these sorts of prohibitions are observed more broadly and punctiliously in Orthodoxy today than in much of the 20th century. Helping students navigate the balance between honoring parents and their religious intuitions is a valid and vital pastoral role, and exactly what serious halakhic life and study should be about. (Deborah adds that the chaplain’s loyalty must always be to the student, and not to the parents.) The essay above incorporates my own experience playing that role with regard to this very question. You are welcome to contact me directly to continue the dialogue.
With all best wishes for your success,
Aryeh Klapper
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Question: What are the Jewish values surrounding the "Right to be Forgotten," developed in Argentina? Should we have to perpetually face the consequences of an action even if it is out of date or far in the past?
Does Jewish law believe in a “Right to be Forgotten”?
Absolutely.
Jewish law contains an array of prohibitions against disseminating negative or embarrassing information about people, even if that information is true. These prohibitions can be overcome by a compelling private or public interest, such as the need to know the character of a potential spouse or a potential elected representative. But in the absence of such an interest, or after the expiration of that interest, it is prohibited to disseminate such information, and there certainly is no right to such dissemination.
Judaism also specifically prohibits reminding people who have repented of their sinful pasts.
Of course, these laws can be perverted to other purposes, and to prevent access to information that genuinely does serve a public interest. Lawsuits or the threat of lawsuits can have a chilling effect. I do not know enough to take a position about the specifics in Argentina. But I think the presumption should be in favor of the right to have one’s past private indiscretions erased from the internet.
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Question: Hello Rabbis,
I am a Gentile trying to convert to Judaism, but I am also disabled and dependent upon my immediate family for my food, shelter, etc. I am afraid that if I tell my family about my intended conversion, they will stop all support of me at an instant and I would be helpless in terms of money, shelter, and the like. Telling family about conversion is intimidating enough under normal circumstances, but in addition to that I am afraid for my material well-being should I tell them. I know G-d will provide in all things, but I sometimes wonder if I am meant to stay a Gentile in order to make sure I am provided for. I sincerely believe in the Tanakh and G-d's oneness, and want to live a Jewish life, but I have no idea how to do so without endangering my well-being. Any advice would be helpful.
The Rabbis teach that G-d does not seek to impose tyranny on His creations. This means, among other things, that G-d does not ever demand that a Gentile become Jewish, and that a Gentile who believes in G-d and His Torah and tries sincerely to follow its directives for all humanity merits eternal life. The rabbis frame such directives as the “Seven Noachide commandments”, and there are formal Noachide societies in the United States. But it is not necessary to join such a society to be a true servant of G-d, let alone to convert.
All that said, you may feel that only conversion can truly fulfill you religiously, or enable you to be who you understand yourself to be. You may also be frustrated that your economic dependence is a restraint on your spiritual independence. These feelings are absolutely legitimate. But in general, Judaism discourages reliance on miraculous intervention when nonmiraculous means to the same ends are available, and I’m very glad that your family is providing for your material needs.
In any case, I don’t believe that anyone can tell you with confidence that you are meant to remain a Gentile, or not. I encourage you to think less in terms of fate and destiny – all based on circumstances that can change in an instant - and more in terms of what you can and cannot practically do right now, if nothing else changed.
It seems to me from your narrative that you have the option to study Judaism, and in any case conversion should be an extended process that requires a great deal of learning and mentoring. So there is no reason not to start, just because there is a chance you may be unable to finish. You may find that the relative religious autonomy of Noachides is a better fit than the discipline of Jewish law, or your family may come around if they see that Judaism is a source of joy for you and seems an authentic expression of your soul.
My suggestion is that you seek to develop a deep relationship with a rabbi whose counsel seems wise to you, and perhaps options will open that are not currently apparent. I also want to make clear that disability is not generally a relevant factor in conversion conversations.
I wish you all blessings and success on your journey.
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Question: Is it OK to sing along with traditional black gospel music? I was raised in the south and in many ways raised by black women (think the movie The Help). While I am an observant Jew, I find the music happy, hopeful and it gives me peace when I am depressed.
Is it OK to sing along with traditional black gospel music? I was raised in the south and in many ways raised by black women (think the movie The Help). While I am an observant Jew, I find the music happy, hopeful and it gives me peace when I am depressed.
Jewish tradition recognizes music as a Divine gift with exactly the properties you describe, and furthermore emphasizes the value of cheerfulness and the importance of avoiding extended depression. For that reason my strong inclination is to find as much room as possible to enable you to continue to enjoy the music you love.
On the other hand, there are clear prohibitions in Jewish law against participating, praising, and benefiting from the aesthetic accoutrements of what Judaism views as illegitimate religious practice. The questions here are
whether all performances and expressions of gospel music should be presumptively seen as religiously intended
how Judaism regards the forms of Christianity generally expressed in gospel music
the nature and status of recordings/electronic reproductions in Jewish law
I want to establish at the outset that singing along with recordings that explicitly express adoration of Jesus is certainly forbidden for Jews. I also want to make clear that I am bracketing the issues of men listening to female vocalists.
1) My sense is that gospel music as a genre nowadays has “crossed over” to a limited extent and is no longer sung only in Christian religious contexts and/or with religious intent. Therefore, if one is in a context that has no other explicitly religious content, and the lyrics of the relevant songs have no explicit references to Jesus, I think the genre of music is not inherently problematic. However, I hasten to add that I think in most settings such religious content and context will be introduced, and that I would assume religious context in most circumstances absent clear evidence to the contrary.
2) My understanding is that Jewish law regards belief in a divisible or divided Divinity (as opposed to multiple divinities) as prohibited for Jews and not for Gentiles (despite being false), and that the prohibition for Jews is profound and serious but not at the level of idolatry (although participation in Christian ritual can violate prohibitions of idolatry). This means in practice that it is certainly forbidden for a Jews to sing along with lyrics that explicitly refer to Jesus or other elements of a trinitarian theology, but that there may be no prohibition against singing along with other songs found on the same album (if the concept of album is at all relevant in the mp3 era) . At the same time, music arouses sympathy and identification, and if you are passionately attached to the music, it may be hard for you to avoid identifying with the specific emotions and ideas of the singer while listening.
3) Recordings of music do not automatically assume the legal status of the original performance, or the intent of the composer. From a formalistic legal perspective, the performer of a music CD, for example, is whoever turned on the player. Therefore the sound of a recording of gospel music, if you turned on the player, does not have any intrinsic prohibition attached to it – the question is what subjective impact it may have on you, or what impression it may create of you in others' minds. But if the lyrics are not inherently problematic, and it is clear to you that you can do so without for a moment sacrificing your Jewish commitment to an indivisible God, I don't see any prohibition with singing along to a recording.
You may be interested in a series of responsa written by Fellows of the Summer Beit Midrash of the Center for Modern Torah Leadership some years ago addressing similar issues with regard to the song Amazing Grace. They can be found here. Full disclosure: I am Dean of the Center and Rosh Beit Midrash of SBM.
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Question: I am Orthodox, and an artist. From time to time I go into Churches, not during services, to admire the art and architecture. I have no desire for any other religion, but know the Talmud in Avodah Zarah 17b says a Jew should not even go past the doors of a pagan temple. What is the leeway halachically and from a values point of view?
I very much appreciate your asking the question in terms of both law and values, rather than merely seeking a technical permission. It is often difficult to be Orthodox and an artist, and your commitment to be both with integrity does you credit, and moreover I think it likely that the art produced by that dual commitment is a genuine contribution to Judaism and human culture.
Legally, your issue is actually twofold, and I presume you intended both. The first question is whether it is permitted to enter churches when services are not taking place, and the second is whether it is permitted to admire art and architecture that was created for Christian purposes and still serves those purposes.
My own position is that trinitarianism is not halakhically per se avodah zarah (for the basis of my position please see http://www.torahleadership.org/archive.php?x=0&y=0&q=Christianity), but that bowing to crucifixes and participating in a ritual that treats G-d as corporeal is avodah zarah. Not all churches are therefore alike.
Let us assume that we are dealing with churches whose ritual involves such practices.
This is a version of a very commonly asked halakhic question, “the Sistine Chapel sh’eilah”. My tradition is that my teacher R. Aharon Lichtenstein refused to enter during a tour of the Vatican, whereas my teacher Dr. Haym Soloveitchik permitted entrance if one made clear that one was visiting as a tourist, e.g. by prominently wearing multiple cameras. In other words, Dr. Soloveitchik treated the issue as one of mar’it ayin, of appearances
My default position is that of R. Lichtenstein, and if you were to ask me for a formal decision, that is what I would tell you. However, I cannot say that one is not entitled to rely on Dr. Soloveitchik, although I would be unhappy if one relied on his position for trivial purposes. Regardless, I think that one can rely on Dr. Soloveitchik’s logic to enter parts of a church other than the sanctuary, and I have permitted this publicly for issues such as blood drives, when there are prominent signs posted indicating a secular purpose for entering.
Turning to the values aspect of your question - if there were nothing important to gain by seeing art, this would be an easy question. But at least some authoritative voices in Jewish tradition recognize that there is value in beauty and truth in art (whether or not one sees beauty as a necessary aspect of great art), and so the issue is one of balancing values. The Summer Beit Midrash of the Center for Modern Torah Leadership, which I have the honor to lead, spent its 2011 session addressing questions such as this. You can find the daily shiur of that session at http://www.torahleadership.org/archive.php?x=0&y=0&q=%2C2011, and more popular materials at http://www.torahleadership.org/archive.php?x=0&y=0&q=art.
Perhaps the deeper issue is whether it is proper to deeply study explicitly and intentionally Christian art. Here one can introduce the prohibition of “al tifnu el ho’elilim” – not paying conscious attention to avodah zarah works (see Shabbat 149a) – and certainly much Christian art focuses on and draws its power from the most halakhically problematic of Christian rituals and narratives. I am very influenced by a pianist friend who happily played classical masses and the like – until she heard them played in a cathedral and genuinely understood them, at which point she could no longer play them.
Overall, then - the technical prohibitions can often be overcome or evaded, but that they should be overcome or evaded only for a purpose of great value, and only by someone who honestly acknowledges the genuine power of great Christian art and that its messages are often not compatible with Judaism. There is at least some leeway, but you should utilize that leeway only with great self-knowledge as to what might be gained or lost.
I have addressed this question without putting it in the broader context of Jewish-Christian relations today. But I recognize that refusal to enter church sanctuaries, especially at a time when the Pope and other Christian leaders are respectfully praying in synagogues, can be morally troubling, and seem – not unfairly – as reflecting a lack of respect for the deepest convictions of human beings who otherwise command our admiration and on whom we make moral claims. This is a challenge on a different axis, and beyond the scope of your question, and I will not address it here, but I did not feel comfortable replying without at least referring to that challenge.
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Question: I recently received an inquiry about serving as a sperm donor for an infertile couple. Is it a Mitzvah to do so? What do Jewish traditions, thought, and values advise on this matter?
I recently received an inquiry about serving as a sperm donor for an infertile couple. Is it a Mitzvah to do so? What do Jewish traditions, thought, and values advise on this matter?
Your sensitivity toward your friends’ circumstances is deeply rooted in Jewish tradition. Jewish history begins with the agony of an infertile couple, Abraham and Sarah. Both the Torah and rabbinic literature are filled with profound sympathy for women who cannot have children for whatever reason. Jewish tradition recognizes women’s legitimate emotional desire and practical need for children and embodies that recognition in law. While women are exempted from the commandment of procreation, they nevertheless have a right to bear children (see Talmud Ketubot 64a), which gives them concrete legal powers and privileges.
At the same time, your intuition that this is not an obviously praiseworthy act of living kindness – gemilut chassadim – is also correct. Rights can be overridden by duties. For example, a woman’s right to bear children certainly would not permit her to commit adultery while married to an infertile man, even with her husband’s consent and with no motive other than pregnancy.
The questions before us therefore are:
Q1) Is there a Jewish legal prohibition against a married woman having a child with a man other than her husband by means of artificial insemination or in vitro fertilization?
Q2) Is there a prohibition against the man ejaculating for that purpose?
Q3) If there is no legal prohibition, is there nonetheless a moral or ethical objection?
Q4) If there is such a moral or ethical objection, is that objection sufficient to override a woman’s right to bear children if she otherwise cannot have a biological child?
Q5) If they are not sufficient, is the best way of achieving that right to have a known Jewish sperm donor?
A1) A solid consensus of recent halakhic authorities holds that the technical sin of adultery, and the stigma attendant on children of adultery, do not apply to cases of artificial insemination. The currently normative halakhic ruling is that there is also no legal effect on the marriage. So I think the most likely answer to Question 1 is no with regard to the woman.
A2) The default setting of Jewish law is to permit male ejaculation only in the context of marital sex. Contemporary authorities have nonetheless adopted theories that permit ejaculation for the purpose of testing fertility, or for the purpose of procreating with one’s wife via artificial insemination or in vitro fertilization when those methods of procreating are medically preferable, or when there is a legitimate risk of developing infertility. These theories do not in principle depend on the marital relationship. However, it’s not obvious to me that there would or should be the same willingness to rely on those theories in this case.
A3) In any case, saying that an action is not formally prohibited does not imply approval. The Talmudic rabbis considered the possibility of insemination without sex through a liquid medium, such as the water of a river, and it is clear to me that they would have looked with horror at a married fertile woman deliberately impregnating herself through such means from the sperm of another man. The ground of their disapproval is unclear – we can speculate either that they saw it as deeply unhealthy for a marriage, or that they saw it as quasi-adultery.
A4) But what if the woman has no option for childbearing other than ending this marriage and contracting another? In the reverse case, Jewish law formally requires a man who has not fulfilled the mitzvah of procreation to divorce their infertile wives and marry a fertile woman. However, this law is never enforced; it is one of the rare instances where the legal tradition openly surrenders to sympathy. Perhaps there is a general principle that we strive to find any way to keep a viable marriage intact, even if that requires sacrificing the connection between marriage and procreation, whether by permitting childlessness or by permitting procreation via a third human party.
This is in essence the choice made by our foremother Sarah when she encouraged Avraham to sleep with Hagar. But the difficult outcome of that choice makes its message for us at best ambiguous.
Your question must also be addressed within the context of modern technology’s general sundering of the relationship between sex and reproduction, via effective contraception, in vitro fertilization, chimerazation, and perhaps soon cloning. Do we see our role as standing in the breach and maintaining or reconstructing that relationship to the extent possible, or rather as figuring out how to apply our traditional system of values to a practically changed world?
On the whole Jewish law has not taken the path of maximum resistance, and I myself see effective contraception as a good which our conception of marriage has properly assimilated, although there is still a healthy debate about the extent to which that should be the case. .
A5) So let us assume for the moment that donating the sperm in this case is not technically forbidden, and acknowledge the possibility that a woman is entitled to make this choice even if it raises moral concerns, or that there are no moral concerns From both halakhic and psychological perspectives, I still wonder whether it wouldn’t be better to use an anonymous Gentile sperm donor than a known Jewish donor.
Bottom line:
I recognize that I do not know your friends’ specific circumstances, and I have not experienced their pain firsthand. But from what I know - acknowledging that they may have the halakhic right to choose otherwise - my default setting would be to encourage them to engage in the great mitzvah of adoption, and I do not see it as a mitzvah to be a sperm donor for them.
I’m not at all sure I would reach the same conclusion in cases where both husband and wife are physically involved in the creation of the child, either by having the union of the husband’s sperm and the wife’s egg gestated in another women’s uterus (surrogate motherhood) or by gestating the union of the husband’s sperm and another woman’s egg in the wife’s uterus. Those seem to me cases where the attitude of halakhic Judaism is still indeterminate, and properly so.
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Question: Is it appropriate for a rabbi (as a religious leader) to discuss partisan political issues either from the bimah or as part of a kiddush program in shul (synagogue) on Shabbat?
Torah should matter in the concrete, daily lives of Jews, and therefore Torah must speak to political issues. Budgeting priorities, health care access and quality, legitimate grounds and tactics of war – these are precisely the types of issues that Judaism in particular cares deeply and has much to say about.
This remains true even when those issues become the subjects of partisan debate. If Democratic policies will fund the abortion of many late-term fetuses that would otherwise be born, and a rabbi sees late-term abortion as murder, how can s/he not say so? If Republican policies will deprive many people of their basic human dignity, how can a rabbi not say so?
It is true that political parties take positions on many, many issues, and individual politicians do not agree with all the positions of their party, so a religious claim that one must vote a particular way is always oversimplified. I think it is almost always wiser to discuss and weight the values involved and let listeners reach their own conclusions. But the job of a religious leader is to set priorities in complex circumstances.
It is also true that voting involves a judgment of consequences, not just of intent, and rabbis often have no particular qualifications to judge consequences. But neither do politicians, and in any case, all legal and moral decisions require judgments as to facts and consequences. We should train religious leaders to be expert in these areas, as much as or more as we train them to be expert at dealing with the emotional consequences of personal decisions. (Of course, rabbis, like everyone else, should avoid speaking out of ignorance, or lecturing the more informed.)
Nonetheless, pulpit discussions of partisan issues are often unwise, and even unfair if an expectation has been set otherwise. The Jewish religious community generally aggregates along ritual rather than ethical/political lines, and therefore it is practically necessary for rabbis to get along with members of both parties. Rabbis who talk primarily about politics, and in partisan fashion, will reasonably be suspected of imposing their ideologies on Torah rather than deriving them from Torah.
This does not mean that ritual is more important, or naturally a more appropriate topic for rabbis, than politics. Decisions to aggregate along ritual rather than theological grounds, or on ritual rather than Zionist grounds, do not require us to consider nusach hatefillah more important than the national existence of the Jewish people, or precise kashrut standards more important than precise standards of monotheism – they simply reflect practical judgments as to the best way of advancing our collective interests. I suspect that much American Jewish rhetoric on the subject of religion and politics is a product of IRS regulations and of our status as a minority religion.
Bottom line: Rabbis cannot, and congregants should not, see political issues as offlimits. Rabbis are wise to make such pronouncements sparingly, and with humility – they should make clear that even their wisest, most Torah-grounded judgments do not exclusively or unquestionably represent G-d’s true will. But they are entitled, and sometimes obligated, to vigorously seek to persuade their congregants to act in accordance with their best judgment as to G-d's true will, even when His will does not command a political consensus
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Question: Please answer a question from an artist in Denmark whether there is such a thing as "typical" Jewish catchwords pertaining to ethical values in the Jewish tradition.
An artist wishes to use the Hebrew words or acronyms for a memorial for Danish Jews who perished during WW2.
You are trying to do a beautiful thing, and I am confident that you wish to do it sensitively, and profoundly. In that spirit, let me explain what I see as key components of the task you have assumed, and what might be necessary to properly answer your question.
The creation of memorial art is often a sacred trust. Fulfilling that trust requires the artist, as best he or she can, to see the memorialized both as they saw themselves and as the artist wishes others to see them. Seeing the memorialized as they saw themselves requires commitment to understanding of the truths, beauties, complexities, and ambivalences of their cultural contexts, and of their own relationships to those contexts. Reducing Judaism to catchwords for ethical values may ultimately be a necessity of the form, but that reduction must be the end product of intense study and reflection rather than a substitute for them.
As a downpayment toward that study, I will say the following: One conception of Jewish ethics that I find compelling begins with the Biblical phrase tzelem Elokim (Genesis 1:27 and 9:6). One translation of that phrase (please note that the translation is greatly disputed, and not all Jewish commentators agree even that the two words are part of the same phrase) is “mold of G-d” (not image, which is more likely a translation of the Hebrew demut from Genesis 5:1). One Jewish tradition teaches that this refers to the irreducible uniqueness and unity of each individual human being, and a possible understanding of that tradition is that this uniqueness is absolute – it is not that each human being has something about them that is unique, but rather that everything about each and every human being is unique because it cannot be separated from their whole being.
And yet (here the writings of Rabbi Joseph Soloveitchik, especially his “Lonely Man of Faith” are invaluable) human beings are capable of forming communities, which are built on commonalities. This paradox is at the core of Jewish ethics, which recognizes that ethical obligations are grounded both in commonality and in difference (here the works of Emmanuel Levinas, and/or perhaps Rabbi Dr. Jonathan Sacks’ The Dignity of Difference, are essential). This dual grounding is a Jewish solution to the problem of how ethical obligations can be universal and yet affected by relationship.
Perhaps it also offers a guide to how one can memorialize a population that was murdered because it was different, when the impetus for memorialization is almost certainly grounded in a recognition of sameness.
The Jewish sage Hillel once responded to the challenge of reducing Judaism to one principle by saying “What is hateful to you, do not do unto others; the rest is commentary; go learn!” Hillel used reduction to generate a pedagogic process rather than an artistic product. My hope is that my own words here can generate such a process, in which case I would look forward with great anticipation to the product.
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Question: Does a funeral arranger (who is in constant contact with the deceased, caskets, etc) remain in a state of permanent uncleanness? Are there certain practices or principles that ought to be observed from a Jewish perspective as regards shaking other people's hands, handling food etc, or is regular washing of the hands acceptable?
Judaism views burying the dead as a supreme mitzvah. While in some societies gravediggers and undertakers are viewed with distaste, membership in the local chevra kadisha, or burial society (lit. “holy fellowship”), is a position of great distinction in any Jewish community. There are no social disabilities attached to any such function, and it is a privilege and honor to know people who are willing to engage in chesed shel emet, acts of true loving kindness.
It is true that Jewish law assigns a high degree of tum’ah, which can be imperfectly translated as “ritual impurity”, to those who come in contact with corpses. When the Temple was extant, this meant that chevra kadisha members were often unable to enter the Temple or eat certain kinds of food-taxes given to kohanim (members of the hereditary Jewish priesthood). However, this simply added to their stature, as everyone respected their willingness to surrender their own opportunities for spiritual gratification for the sake of chesed shel emet.
The major consequence of this law nowadays is that kohanim may not be members of a chevra kadisha, although they are required to incur tum’ah at the burial of their close relatives. It should be noted that the type of tum’ah incurred by contact with (or other types of association, such as being under the same roof as) corpses can only be removed by a ritual involving the ashes of a “red heifer”, which have not been available for more than a thousand years. Jewish law therefore generally presumes that all Jews nowadays have acquired this tum’ah whether or not they are professionally involved with burial.
The chevra kadisha is generally a volunteer society, however. As with any mitzvah that becomes professionalized, such as firefighting or teaching Torah, there is a risk that it will be done with indifference or corrupted by greed. One should be overjoyed to shake the hands of funeral arrangers who genuinely consider the honor of the dead, and the honor and needs of the living; one should refrain from shaking the hands of funeral arrangers who take advantage of emotional distress to create needless expenses and the like, but not because of tum’ah.
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Question: Is a scheduled Hatafat Dam Brit to be postponed if the convert's mother is expected to die within the week?
[Administrator's note: a somewhat similar question was posed in http://www.jewishvaluesonline.org/question.php?id=650]
Hatafat Dam Berit is a quasi-circumcision ceremony (taking a drop of blood) for previously circumcised male conversion candidates. It takes place prior to their immersion. It is not generally celebrated independently of the final conversion, so there is certainly no obligation to postpone it because of impending mourning
However, the hatafah often occurs on the same day as the actual conversion, and I suspect the real question is whether to postpone a conversion under such circumstances. . In general, the Jewish response to impending mourning is to rush to get celebrations in, rather than to delay them, as many celebrations are forbidden during mourning, even during the full year of mourning for parents. Here it seems to me that there is in any case good reason to have it go on as scheduled, as it causes sincere converts needless pain to unnecessarily delay their opportunity to perform many more mitzvoth fully and in the context of being commanded. If the mother is supportive, all the more so she should have the opportunity to see her son become part of the Jewish people.
On the other hand, unlike in the case of a born but uncircumcised adult Jew, and even more unlike the case of a Jewish infant boy before his eighth day of life, there is no requirement that the circumcision or hatafah of a potential convert (or for that matter the conversion) take place on a particular day, or as soon as possible – it should simply take place when it is best for the convert physically, psychologically, and spiritually. Therefore, if the potential convert feels that having the hatafah done now will generate a shadow over the joy of becoming Jewish, or if he feels that it will distract him from paying proper attention to his mother or other relatives, his feelings should be granted great deference.
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Question: I want to know something about Jewish prayer. Do Jews praying have a ritual like 'wudu' (as Muslims do), the washing of their hands, in preparation to pray?
Is it thrice right hand, thrice left hand? Before praying and/or after praying?
Have you an online reference, with a picture, that you could direct me to view?
Arash from Iran
A general statement might be that Jews wash their hands from a utensil three times upon waking up in the morning, with a blessing, and thereafter after going to the bathroom and/or before any sacred activity, such as prayer or study, if they have reason to believe that their hands have touched generally concealed body parts, the soles of shoes, or other inappropriate objects since the last handwashing. In general the custom is to alternate hands – however, the number and pattern of washings change depending on purpose. Handwashing before prayer is encouraged regardless, and perhaps mandatory if water is readily available. Wikipedia is generally reliable for these matters, and a fun animation is at http://video.search.yahoo.com/video/play?p=how+to+do+netilat+yadayim&tnr=21&vid=&turl=http%3A%2F%2Fts3.mm.bing.net%2Fth%3Fid%3DU.4541688195776690%26pid%3D15.1&tit=RRS+Handwashing+how+to+before+HaMotzi.
Different Jewish cultures have placed more or less emphasis on this, and those Sefardic Jewish cultures that were particularly insistent on handwashing before prayer may well have been influenced by the rituals of surrounding Muslim cultures. You can look at studies of the thought of Rabbi Avraham Maimonides among others.
I hope this is helpful to you, and hope that, if you are still in Iran, that the Almighty brings your country's people freedom, and that they use that freedom for the good of the world.
Sincerely
Aryeh Klapper
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Question: I'm a Russian Jew. I see myself as Jewish, even though I don't live Jewishly. I practice Buddhism, have non-Jewish boyfriends, and think that believing in G-d the way prayers show me makes man into a weak and helpless being. And yet I feel united with all Jewish women through the centuries when I light Chanukah candles, get liberated from Egypt and certain personal slaveries each Pesach (even though I don't keep any Pesach mitzvoth), and etc. It hurts me to feel that I would not be accepted as I am by other Jews. I don't want to comply and be "a good Jewish girl" just for the sake of it - it's not the kind of life I see for myself. Yet I want to find my place among my people and I don't know where it is... What can you tell me to help me? How can I find a way to fit into Judaism?
You have been requested to be the Response panelist for the following question: I'm a Russian Jew. I see myself as Jewish, even though I don't live Jewishly. I practice Buddhism, have non-Jewish boyfriends, and think that believing in G-d the way prayers show me makes man into a weak and helpless being. And yet I feel united with all Jewish women through the centuries when I light Chanukah candles, get liberated from Egypt and certain personal slaveries each Pesach (even though I don't keep any Pesach mitzvoth), and etc... It hurts me to feel that I would not be accepted as I am by other Jews. I don't want to comply and be "a good Jewish girl" just for the sake of it - it's not the kind of life I see for myself. Yet I want to find my place among my people and I don't know where it is...What can you tell me to help me? How can I find a way to fit into Judaism?
Rabbi Joseph B. Soloveitchik classically distinguished between two Jewish covenants, the “Covenant of Fate” and “Covenant of Destiny”. The “Covenant of Fate” involves identification with the Jewish past; “The Covenant of Destiny’ involves identification with the Jewish future.
It seems clear that you identify strongly, passionately, and beautifully with the Jewish past, and I don’t want to downplay how significant that is. It takes courage to identify with a past as difficult as ours, and to assume a Jewish identity knowing our often lachrymose history. And that courage has often led to both small and great acts of heroism.
But it also seems clear – I hope you’ll forgive me for being blunt – that right now you don’t identify with any Jewish future. It therefore seems reasonable for Jews to accept you exactly as who you are, and simultaneously fair for them to tell you that full membership in the community requires identifying with its destiny as well as its fate. More than that, full membership requires you to shoulder responsibility for making that destiny happen.
In other words, I am deeply sympathetic with your desire not to adopt Jewish practices and beliefs simply “to comply”. But is it necessarily true that our prayers “make man (or woman) into a weak and helpless being”? Much of Jewish prayer is about the astonishing human capacity for both self-transformation and world-transformation. Prayer must also be set in the context of a system which prioritizes study and action, each of which emphasizes the grandeur and glory of human existence as beings of free will with the dignity of taking responsibility for their actions and of imagining a world different than the one they immediately confront. If you were convinced that Judaism offers ways to think of human beings as, in the words of Psalms, “only slightly less than Divine”, would new Jewish possibilities open for you?
I can think of two ways that might offer you entrée to the world of Jewish destiny. The first is study – here I recommend of course Rabbi Soloveitchik’s “Fate and Destiny”, or almost anything by Rabbi Jonathan Sacks of England. The second is Zionism – not just in the sense of supporting Israel’s right to existence and self-defense, although these are certainly vital and necessary preconditions, but in the sense of envisioning and working for a Jewish state that embodies Jewish ideals and values. But this should lead back to study, as how else is one to discover authentic Jewish ideals and values?
The Jewish past you identify with was created by people who lived it every moment of their present. My hope and blessing for you is that you indeed find a way into Judaism such that your present will be an everlasting inspiration to a Jewish future you help create.
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Question: When are gifts appropriate (for example, from family for a birthday vs from someone you are dating, and how expensive or elaborate is okay) according to Jewish thought?
When are gifts appropriate (for example, from family for a birthday vs from someone you are dating, and how expensive or elaborate is okay) according to Jewish thought?
I applaud your recognition that gift-giving involves serious ethical issues, and that Judaism may have important guidance to offer about those issues. I also applaud your desire to share and give. Reasonable generosity is a wonderful virtue. However, profligacy is a vice, and one must consider the effects of gift-giving on others as well as on oneself. Judaism applauds or even mandates gift-giving in a variety of contexts. Many of these straddle the blurry line between charitable donation and present, but on Purim, there is an explicit mandate to send gifts of food to even wealthy friends and neighbors. Gift-giving can exemplify gemilut chassadim = acts of graciousness or lovingkindness and symbolize and concretize the profoundest depths of relationship, and as such fulfill the central religious obligation to imitate G-d’s ways. One Jewish understanding of the purpose of Creation is that G-d wanted to express His generosity, to give to an Other, and Jewish tradition frequently describes the Torah as a gift. Jewish tradition also recognizes that gifts can engender unhealthy as well as healthy competition; create dependency; embarrass the recipient and other gift-givers; create unwanted obligations to reciprocate; and raise expectations falsely. Perhaps the most dramatic illustration of these issues is the story of Cain and Abel. Cain offers a gift to G-d, and expects that in return G-d will love him; but G-d ignores his gift, and instead shows favor to his brother Abel’s gift. Cain is disappointed in G-d, and jealous of Abel, and the result of course is fratricide. None of this generates clear mechanical rules for gift-giving. Rather, much depends on intentions and expectations, and on one’s knowledge of the recipient. One should, for example, be careful not to give gifts to friends or family that would make you angry if they failed to reciprocate, or that might make the recipient feel compelled to reciprocate to a degree they can’t really afford. Gifts given during dating are often a beautiful expression of a relationship’s development, but they can also make the recipient feel compelled to demonstrate an affection that has not (at least not yet) actualized. Jewish law concretizes this concern by raising the possibility that a gift in the context of romance may be intended and received – however monetarily - as a token of marriage, such that the couple may require a divorce. Couple should therefore be clear about their intentions, and seek to ensure that giver and recipient see the gift in the same way. This is in any case excellent practice for marriage. In summary: Judaism cannot tell you precisely when gift-giving is appropriate or inappropriate, or how much to spend on bridal gifts – those answers depend on social and economic contexts. But Judaism can help you develop a checklist that will empower you to make thoughtful decisions about gift-giving. The Rabbis say that one who seeks to express generosity will have his intentions rewarded by giving him or her the means to express them; may this blessing come to fruition in your life.
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Question: Labor union strikes can paralyze a local economy. What is the Jewish position on striking and work stoppages?
You have been requested to be the Response panelist for the following question: Labor union strikes can paralyze a local economy. Whatis the Jewish position on striking and work stoppages?
Halakhah shares with American law a deep aversion to “specific performance”, or the idea that a person can be forced to do work s/he does not wish to. In that sense Judaism presumptively legitimates work stoppages.
The Talmud does make clear that workers can be held liable for the damages caused by their breach of contract. It does not, however, make provision for preventive injunctions where the workers cannot reasonably be expected to be able to pay those damages.
All this relates to individual workers’ decisions. Union strikes present a set of additional issues.
1) Is a union vote to strike binding on individual workers?
2) May employers fire striking workers, and/or hire permanent replacements?
3) Are nonunion workers obligated to honor a picket line?
This is an area of Halakhah that is still developing, but here is my preferred analysis, drawn largely from the response of Rav Mosheh Feinstein but influenced by the writings of Rav Ben Zion Uziel as well. I note also that their analyses were developed largely with reference to intraJewish issues, whereas I am applying them to pluralistic or fully Gentile settings
Judaism is fundamentally committed to democracy, which means not only that people choose their own leaders, but that majority decisions are binding on minorities when the vote was fair and the group is defined as a political unit. Members of a union are such a political unit, and as a result union members are bound by a strike vote.
However, nonunion members are not members of the same unit. They can only be bound by a union vote if the union controls a majority of all the workers in a profession or industry, current and potential. In principal, then, there should be no objection to scabbing. Furthermore, there is no basis for prohibiting employers from hiring replacements. So striking is legal, but in the existing condition of Halakhah, and in the absence of any external forces, would probably be ineffective.
This conclusion would preserve the form of Halakhah, but not its underlying values, which are well articulated by Rav Uziel. The halakhah as we have it developed in a preindustrial world, on the general assumption that negotiations took place between individual workers and individual employers, and accordingly emphasizes freedom of contract as the way to protect laborers. It does not address an environment in which one employer, or a small group of employers, control all the available work opportunities. In those circumstances, it is necessary to find Halakhic mechanisms for allowing workers to cartelize as well.
Rabbi Feinstein suggests several such mechanisms – a number of tenure-like principles already found in Halakhah, and an incorporation of moral principle on the other. Each of these can be questioned, but collectively, they reflect a clear conviction that halakhah must enable an effective right to strike at least in an industrial capitalist setting.
There are good public policy reasons for being leery of this right. In particular, there are circumstances in which the right to strike can give a select group of workers blackmail power over a community, as for example if a professional fire department, or all the doctors in an area, decide to strike. Halakhah provides two mechanisms for controlling this.
The first is a requirement that the decision to strike be approved by a representative of the broader public, either a recognized scholar or an elected body. This obviously requires that those representatives not be controlled by the employers.
The second, developed by Rabbi Feinstein, is premised on the formal obligation to perform mitzvoth without compensation – fundamentally, the performance of a mitzvah is a privilege and obligation, not a job. Salaries, benefits, and even working conditions for mitzvah positions, such as teaching Torah, can therefore be demanded only at the minimal level necessary to perform the job well, and if one person cannot perform it at the current pay level, they have no power to prevent someone else from doing it at that price. In other words, such strikes can only be engaged in for the public good, not for the private good of the workers. It seems to me that many if not most jobs essential for the public welfare, such as police, fire, medical, etc, can be defined as mitzvah-jobs for the purpose of this regulation.
This is plainly an outline rather than a comprehensive scheme, and its effects and effectiveness would be heavily dependent on the development of proper regulations and intelligent implementation. But I hope it sheds useful light on how Jewish values might and/or should play out in this area.
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Question: Where does the concept of tikkun olam (repairing the world) originate, and is it a mitzvah (commandment) or does it hold the same level of importance as a mitzvah?
The term tikkun olam nowadays generally refers to a perceived obligation for Jewish individuals, and the Jewish community, to actively contribute to the advance of justice. This mandatory contribution is in practice generally identified with one or more of a set of actions and causes favored by self-identified liberals in America, and indeed, tikkun olam is often cited as a spur to lobbying efforts for liberal causes. Wikipedia cites at least one example of an attempt at a politically conservative definition and program for tikkun olam, but this should be recognized as countercultural.
This definition of tikkun olam has at best weak roots in Jewish tradition. The Aleinu prayer includes the hope that G-d will be “metaken olam” via His Kingship, meaning that idolatry will be banished and all will worship Him(although a recent article argued that this is a typo for “letakhen olam”). Mishnah Gittin Chapter 4 includes a list of rabbinic decrees justified on the basis of tikkun haolam, and many of these seem aimed at preventing the exploitation of the weak. For example, there are decrees that prevent slaves or women from being placed in positions that compel celibacy. It would be incorrect, however, to generalize this; one of the decrees, for example, is a ban on paying more than the “market price” to ransom captive people or ritual objects.
Rather, the MIshnaic concept of Tikkun Olam relates to Rabbinic legislators, rather than on Jewish individuals, and it refers to an obligation to prevent the Law from generating perverse consequences as the result of human perversity, rather than an affirmative obligation to seek methods to improve society. Thus the rule about ransoming is to prevent captors from taking advantage of the law mandating the redemption of captives, and the laws relating to divorce are designed to prevent women from being trapped by technicalities in the divorce law.
Tikkun Olam plays a very different role in Lurianic Kabbalah, where it refers to an obligation to mystically undo the consequences of sin in the world. This vision as well has been adapted by moderns into an obligation to correct social injustice.
None of this is intended to suggest that Jewish tradition necessarily opposes any of the elements of the Tikkun Olam agenda, and of course politico-religious movements often coalesce around intellectually imprecise but emotionally powerful slogans.
“Tikkun Olam” is often a spur to mitzvot, especially for those Jews who have little direct access to the content of Jewish tradition. I tend to agree with its promotion of the anti-quietistic elements of that tradition. The risks posed by its popularization are that Jews with conservative political instincts will feel excluded, and that we will lose the capacity to authentically test whether particular policies, programs, or actions are in accord with Jewish values.
The best way to meet these risks is deep and substantive Jewish education. Tikkun Olam has its uses, and its dangers. I am happier to meet Jews who can cite it than Jews who cannot – but I would like going forward to meet fewer Jews for whom it constitutes their entire Hebrew vocabulary and Jewish conceptual framework.
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Question: Lack of rain in Israel used to be a death sentence for its inhabitants—no water to drink, no crops, etc. Now, with modern technology (such as desalinization plants), a lack of rain is serious, but no longer life-threatening. Should we still institute fast days during a dry winter?
Sometimes it is best not to reinvent the wheel, and I think this issue was covered extremely well by Rav Moshe Lichtenstein of Yeshivat Har Etzion last year in the response excerpted below:
“I will begin with a blunt statement that presents what is to me absurd about fasting for rain in our day, namely that it is laughable to fast about rain when the sprinklers in yeshiva, in the houses of the rabbis, the residents and the public parks – in these sacred precincts, and in every place – work as usual. How is it possible to fast about insufficient rain when we continue to water decorative gardens, and how is it possible to open the Holy Ark and cry out regarding the lack of water when we have not made every reasonable effort to minimize the need for water?
In a more intrinsic fashion, the matter is that Tractate Taanit relates to a reality in which diminished rain causes risk to life, literally, and the fast for rain is a prayer for survival in the clearest possible way. But in a world without motorized transportation, with no capacity to convey water and food over distances with refrigeration, the absence of rain means famine, drought, and death G-d forbid. If human beings and cattle have nothing to drink, and there is no food or pasture, there is risk to life. However, in the modern reality, in which it is possible to desalinate water and import food, we are not speaking about continued existence, but rather about cost or about plenitude. Desalinating water is expensive, but it removes the threat of death.
The truth of the matter is that the ongoing water crisis in the state is not an existential crisis but rather a crisis of standard of living. If we would dry out the decorative gardens, and give up pools and sprinklers, we would lose important things that broaden a person’a mind, but we would not put our continued existence at risk. Therefore, in large measure, we are speaking of a standard of living, something for the sake of which one may hope for more rain, but it is not correct to decree a fast because of the absence of sufficient water to maintain the current standard of living.
In simple words, a fast is a response to danger, and in the modern reality, the risk that absence of rain posed in the time of Chazal does not threaten us.”
Rav Lichtenstein makes another critical point later in his letter:
“Do we love at such a high level of Providence in our day, such that we are able to take natural events and translate them into spiritual guidelines? The interconnection between nature and Providence is a complex question, and I am neither able nor desirous to establish fixed points regarding it, but it seems that prevention of rain for spiritual causes assumes a non-negligible level of Providence, and I am at the very, very least not certain that our current spiritual condition justifies this.”
I would add that the purpose of a fast is to improve the virtue of the Jewish people as a whole, which makes it hard to see the virtue of declaring a fast when one knows in advance that most Jews will ignore it, leaving aside the numbers who will mock.
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Question: What is the major blockage to women entering the rabbinate, if any, in each movement? Why does it differ between them?
What is the major blockage to women entering the rabbinate, if any, in each movement? Why does it differ between them?
There are, to the best of my knowledge, no formal barriers to women entering the rabbinate in the explicitly nonhalakhic movements, although I understand that issues of placement equity have been raised, and of course women rabbis face the same challenges in terms of balancing family and work that women )and men) face in any other time-intensive profession. There are elements of the Conservative movement that still resist women rabbis, but I leave it to others to judge the grounds of that resistance. While the question refers to “each movement”, then, it seems clear to me that in practice the interest is in Orthodoxy.
Within Orthodoxy, the first point is that the formal title “rabbi” means something very different than “qualified to serve as the spiritual leader of a synagogue”. Rather, it reflects a teacher or institution’s judgment that a particular person has reached a level of scholarship and judgment sufficient to allow them to issue rulings with regard to a particular set of Jewish legal issues, generally with kashrut at the center of the curriculum. Sociologically, however, men are often called “rabbi” simply because they hold synagogue or educational positions. The Jewish legal issues associated with women in the rabbinate apply largely to questions of employment rather than of academic certification, but the fact that most people see the title as employment certification has been a major drag on the effort to train competent women scholars and grant them halakhic authority equal to that of men, and is the motivation for the set of alternative titles that have been proposed recently.
To concretize: Most segments of Orthodoxy at this point agree that there are no restrictions as to what parts of the Tradition women may learn, although only Open, Modern, and Centrist Orthodoxy generally encourage women to learn Talmud, commentaries and codes at a high level. Most segments of Orthodoxy also agree that in theory women who achieve proficiency in those studies should disseminate their opinions in matters of halakhah and should have those opinions treated no differently than those of equally proficient men.
However, there is much less support in Orthodoxy for women taking on positions in the congregational rabbinate. Some base their opposition or hesitation on technical or intuitive halakhic or hashkafic (values-based) discomfort with women having formal positions of halakhic authority or public Jewish leadership; some on “slippery slope” concerns, as there are some roles, such as communal shofar blower for men, that Orthodox halakhah certainly bars women from performing; some on sociological concerns, building on recent studies of the “feminization of the synagogue” in liberal denominations following the ordination of women; still others on concern that radical sociological change generally diminishes traditional authority, especially when it is clear that the impetus for that change has come from the laity rather than the rabbinate; and finally, others simply are afraid that giving women the title rabbi will fracture the Orthodox community, or at least the non-charedi Orthodox community, and that this will have grievous consequences in many religious areas at least as important for women, such as divorce.
The irony is that the congregational rabbinate certainly and perhaps primarily involves many roles, such as social worker and institutional administrator, that women play throughout the Orthodox community. Furthermore, as noted above, there is little disagreement in principle with the ability of women to issue halakhic positions. Yet somehow the conjunction of the two raises hackles.
I think there is something of a chicken and egg questionhere, or perhaps a catch-22. It is not unreasonable, although perhaps unfair, for the rabbinic community to ask women seeking new roles to demonstrate that they are as qualified as exceptional men, not just that they meet a bare minimum standard, and to ask that they demonstrate a fundamental willingness to function within the existing system, even if it rejects their positions on issues important to them, before they are given influence within it. However, until women are given a clear economic path to such influence, i.e. an expectation of good jobs and broad communal respect, they have many excellent reasons not to invest the massive time and energy necessary to reach that standard within Orthodoxy. But so long as there are at best very few women who reach that standard, the issue does not seem terribly pressing to the majority of the male rabbinate. The pragmatic argument above in fact deeply alienates them, as a core value of the yeshiva student is that Torah must be learned for its own sake, rather than for the sake of a living or of honor.
One way to test my thesis, of course, is to endow an institution for women, parallel to the many kollels that exist for men, in which women simply learn at a very high level for many years with no specific practical goal. As Dean of The Center for Modern Torah Leadership, I would be happy to discuss creating such an institution with any interested donor.
Another approach is to find ways in which women can gain rigidly constrained halakhic authority, and assume carefully delimited positions of spiritual authority, and see how that goes. This is the approach taken by Nishmat and its Yoetzet Halakhah program. This may eventually allow the development of positions for women that don’t use the title “rabbi” but nonetheless provide scope for a full array of intellectual and spiritual religious competencies at the highest level.
Finally, one can simply formally give some women the title “rabbi” and see what happens. My sense is that this would fracture precisely those parts of the community that understand why not giving women such a title is an issue.
To sum up: the barriers to women developing the tools necessary to be (great) rabbis, and then to becoming full and active participants in the development of Halakhah, are largely sociological rather than halakhic, in the sense that the halakhic positions necessary to enable this already exist and enjoy broad acceptance within mainstream Orthodoxy. But sometimes sociology is properly normative, and the intuitions of the observant community should never be dismissed out of hand. I support the cautious approach, so long as it is coupled with full respect for the person and scholarship of women who study Torah, with a commitment to giving such women opportunities to teach Torah commensurate with those given to equally knowledgeable and capable men, and with a vigorous effort to develop women who embody the kind of Torah scholarship that mandates great respect and influence.
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Question: Small groups of violent ultra-Orthodox in Israel seem to have strayed from Torah values, which is a chilul Hashem. Are there collaborative or independent initiatives from the three main denominations to meet with and inform the ultra-Orthodox leadership how their violent actions (rock throwing, spitting on others, verbal abuse) negatively portray the Jewish people to the world?
I find it hard to imagine that ultraOrthodox leaders would respond positively to such an initiative. Nonetheless, it is certainly the right of other Jewish groups to explicitly disassociate themselves from such people, and to describe them, when the description is accurate, as thugs, criminals, or terrorists rather than as Torah Jews. Honestly, I am afraid that your description falls short of what is actually occurring.
I think that Orthodox leaders, or at least Orthodox rabbis such as myself, have a particular responsibility to condemn violence by Orthodox Jews, and so long as we group ultra-Orthodoxy under the Orthodox umbrella – and I do, and expect to continue doing so – that means that we have to treat this as a problem within our own community. We need to make clear not only that we condemn such behavior, but that we hold the mainstream ultraOrthodox leadership accountable for preventing such behavior, including turning perpetrators over to the police. And we need to find ways in which accountability entails consequences.
I applaud and appreciate that your question refers only to small groups, and it is very important that we not overgeneralize. At the same time, some of these groups are identifiable, and the broader leadership has the responsibility of excluding them, and if they fear retaliation, of getting the help they need to overcome intimidation.
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Question: Should we continue to mourn the destruction of the Temple in this day and age, when the Jewish people once again have sovereignty in the land of Israel?
Jewish mourning on Tish’ah B’av is not only for the terrible military and political defeats traditionally ascribed to that day, but also for the loss of the palpable sense of Divine presence that the Temple generated.
Now the reestablishment of a Jewish state in part of Biblical Israel generates a religious responsibility to express celebratory gratitude to G-d, and serious halakhic scholars have suggested compellingly that we accordingly need at the least to amend those sections of the Tish’ah B’Av that describe Jerusalem as desolate and unpopulated, lest we seem to be undervaluing the great opportunity G-d has given us to build an authentically Jewish society that embodies our religious values. But honesty requires the admission that we are a long way from achieving such a society, and the Divine Presence is not yet hovering openly. So there is still ample reason to mourn.
At the same time, it is vitally important to remember that the Temple was not destroyed by accident; it was destroyed because we did not deserve it. Furthermore, the prophets at times identify the Temple as a source of corruption in a society unworthy of it, as it generates complacency and a focus on spiritual experience at the expense of social justice. Unless we have actually improved, the rebuilt temple would have a minimal life-expectancy, and the Divine Presence would be felt in renewed destruction.
Accordingly, we should mourn the Temple precisely because the Jewish people once again have sovereignty, and therefore social and religious responsibility, in the Land of Israel, and so the message of the Destruction is yet more relevant. May it inspire us to be worthy of the Temple's rebuilding and eternal endurance.
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Question: Shouldn’t American Jews, who collectively benefit from living in a free and open democratic country, be supportive of the “gay marriage bill” that gives equal rights to another minority group, regardless of how we feel about their lifestyle?
All questions related to homosexual orientation and religion are fraught these days, and it is perhaps necessary to state at the outset that all human beings are created b’tzelem Elokim (in the image of G-d), and as a result must be treated with dignity and respect. Readers interested in one detailed presentation of the implications of that statement within the Orthodox Jewish community are invited to look at www.statementofprinciplesnya.org.
The question assumes that Jews should support any minority behavior, regardless of their moral opinions of that behavior. I reject this. Morally, we have an obligation to work toward the betterment of society, and pragmatically, it is not in our interest to be identified with behaviors that many Americans find objectionable. I do not believe, for example, that it is the obligation of Jews, or good policy for them, to oppose state laws banning dogfighting, even if dogfighting is a longstanding and popular custom in several minority American cultures.
The question of the appropriate attitude for Jews to take toward efforts to prohibit, permit, or mandate state recognition of same-sex marriage depends on a host of other, often nuanced issues. For example, one must decide the extent to which one feels bound by Jewish tradition’s univocal privileging of heterosexuality and opposition to same-sex sexual behavior; if one feels bound (as I do, and as I believe all Jews should), one must decide whether that opposition is rationally grounded or rather a chok (law with no humanly comprehensible basis); if one sees it as rationally grounded (as I do), one must decide whether it is better to oppose state recognition of same-sex marriage, or rather to advocate for the absolute secularization of marriage, meaning that the state should no longer recognize clergy as marriage officiants, and thus remove the hint of moral approval that recognizing marriage currently conveys, or even to advocate for the explicit disassociation of state-recognized marriage from sex, so that the legal advantages of marriage, in areas such as health-care and inheritance, should accrue to whomever a person chooses to recognize as their primary life-partner, even if that should be a parent, or a dear but erotically wholly unattractive friend, and even if one chooses to find one’s sexual fulfillment in a different relationship, and even if one chooses to have that other relationship solemnized religiously.
All this, of course, may beg the real question you were asking, which may be whether we should recognize homosexuals as a minority in the same way that Jews are a minority. That question is usually asked on the proposition that homosexuality is “not a choice”. But the comparison can be challenged on several grounds. First of all, Jews are a minority rooted both in biology and in choice, and from the perspective of American law, it is the aspects of Judaism that are choice-results, such as Sabbath observance or rejection of the Christian messiah, that are most important nowadays. Second, we have as yet no real scientific understanding of the phenomenon of homosexual orientation, especially where it coexists, as it generally does, with the capacity for a physical heterosexual relationship that is physically indistinguishable from standard physical heterosexual relationships. Identical twin studies, and studies of sexual fluidity in women, have shown both that sexual orientation is not genetically determined (although it is genetically influenced, as are all human characteristics), and that it is not necessarily fixed for life (although it is not clear that it can be changed volitionally).
Despite all this, a case can be made that it is both proper and wise for Jews who believe that homosexual behavior is morally objectionable to support the state recognition of same-sex marriage. But reasonable and responsible Jews might well not find that case compelling. As the question does not ask for my opinion on the issue, but rather my evaluation of a particular approach, this seems to me a sufficient answer.
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Question: The Torah describes Shavuot (Feast of Weeks) as a holiday based on agricultural themes. How did it come to be a commemoration of Matan Torah (the giving of Torah, Revelation)?
It is certainly true that the Torah only mentions an agricultural basis for Shavuot, namely the wheat harvest.However, it is also true that
Shavuot is part of a series that includes Passover and Sukkot, each of which have both agricultural and historical themes in the Torah
The Torah records no holiday at all to commemorate the Revelation at Sinai, which, it seems to me, is at least as worthy of commemoration as the “booths” that the Children of Israel constructed or had G-d provide for them during the Wilderness years
Shavuot comes out just about on the date of the Revelation.
All these reasons make the absence of a historical theme for Shavuot in the Torah sort of suspicious.
The classic Jewish answers to this question focus on Matan Torah as uniquely beyond one-day-a-year or purely symbolic commemoration, with my favorite version being that each of us needs to accept the Torah anew every day, so that Matan Torah should never be seen as a past event.And indeed, it is noteworthy that
the Torah records the date of Matan Torah only obliquely, so that the Rabbis dispute which day of Sivan was the actual date, and that
Shavuot is not given a specific calendar date, but rather scheduled for the 50th day after the second day of Passover.In the original lunar calendar, where the month of Nissan could be either 39 or 30 days, this meant that the calendar date of Shavuot can vary as well, and therefore Shavuot could not reliably commemorate any “this date in history”.
These suggest that the Torah deliberately avoids drawing attention to the remarkable coincidence in time of Shavuot and Matan Torah.
However, the Rabbis and the traditional liturgy do make the connection explicit, and so we must ask: if the Torah deliberately avoids calling Shavuot the time of Matan Torah, why do the Rabbis and liturgy seemingly defy the Torah’s intentions by making the connection explicit?
My favorite answer to that question is given by David Hartman (although I discovered this after I had come up with it on my own).Hartman suggests that there are two aspects to Sinai – the Giving (Matan Torah) and the Reception (Kabbalat HaTorah.From G-d’s perspective, all that matters is the Reception, and that must reoccur each day.From our perspective, however, the Giving is worthy of celebration, because it gave us the opportunity to Receive, and the Giving occurred once, on a specific date in history.
Therefore – the Torah, which is written from G-d’s perspective, does not describe Shavuot as commemorating Sinai, but the liturgy, which is written from ours, should certainy do so.
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Question: I invited a dear non-Jewish friend to my Pesach dinner for the second night. She wrote back stating that her other Jewish friends told her it would be inappropriate for her to attend. As a new Jew I find this off-putting. Were we not strangers in Egypt??
There are both halakhic (Jewish legal) and philosophical aspects to this question.I suggest that you consult your own rabbi on the halakhic issues, which are generally surmountable for cause, and will address only the philosophic.
You are certainly correct that there is a tension between the universal and particular themes of Pesach.On the one hand, we were strangers in Egypt, and this imposes on us the obligation to ever be sensitive to the feelings and circumstances of outsiders.This sensitivity is incumbent on all Jews, naturalized or born, but it is among the blessings of welcoming converts into the Jewish community that they remind us of this, and I thank you for doing so.On the other hand, Passover celebrates not just G-d’s hatred of slavery and love of justice, but at least equally His particular love for the Jewish people and the relationship between G-d and the Jews that was forged by the Exodus, and its culmination at Sinai, and I presume that it was at least in significant part the desire to be part of that relationship that motivated you to join the Jewish people.
As a result, it seems to me that inviting a non-Jew to the seder who would otherwise be in their own social or religious environment often runs the risk of creating “outsidership”, rather than alleviating it.Saying to a nonJew that they would be wrong to attend seems to me overstated, but I think the nonJew must be prepared to experience uncomfortable “outsidership”, much like a close friend who is invited to an intimate family gathering.The seder liturgy certainly contains “us against them” elements, and it is reasonable for these to feel exclusionary and even hurtful to those who feel as much kinship generally with “them” as with “us”, even if on a personal level they are very close with individual members of “us”.We recognize these tensions in ourselves, popularly through the drops of wine we spill when reciting the Plagues.
I would go one step further.The Midrash states that the reason that we recite the full Hallel only on the first nights of Passover is that we cannot sing to G-d about the destruction of Egypt, just as G-d told the angels not to sing about the Splitting of the ReedSea because “The works of my hands are drowning”.Why then did the Jews sing the Song of the Sea?Because they experienced G-d’s salvation personally, and were obligated to express gratitude.On the first nights, we are obligated to see ourselves as reexperiencing the Exodus, and so, like the Jews, and not like the angels, we are obligated to sing out of gratitude – on the other nights we may not sing about the deaths of others.NonJews have no obligation to identify themselves with the Jewish past, let alone to reexperience it, and so parts of the liturgy are morally inappropriate for them to recite, and should make them uncomfortable.
Accordingly, recognizing that individual circumstances differ, I would generally not encourage inviting non-Jewish friends to the seder.
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Question: A colleague (actually by now a friend) slightly below me on the company totem pole is about to get really unfairly screwed over (excuse my language) by another colleague, his direct boss. I know about it, but I am not supposed to know about it. I could say something, but I could easily get in trouble because it will be obvious it was me. However, if I do, he may be able to preempt the worst of it. Are there any Jewish ethics to guide me here?
To what degree can one choose self-interest over defending others against injustice?
What sort of ethical duties does friendship generate?
What sort of ethical obligations does membership in a corporate chain of command impose?
It must be noted that you do not give any details of the case, so I have no way of determining whether what will occur absent your intervention is in fact unjust, how confident you can be of your own evaluation, whether the boss in question regularly commits such acts of injustice, how severe the injustice to your coworker would be, and how severe the reprisal would be. You also don’t mention whether you would suffer for telling your coworker simply because your boss would be upset, or rather because s/he would legitimately feel that you had breached a formal or informal duty of confidentiality.
Given those constraints, it is difficult to say anything of concrete Jewish substance – I can only talk in generalities, and without rigorous sourcing. But here are a few very broad statements that I think are generally sustainable.
one is entitled, and possibly required, to give one’s boss the benefit of a plausible doubt as to whether his decisions are just or unjust, unless s/he has a pattern of unethical behavior
it is deeply problematic to remain in a job that regularly forces one, even passively, to collaborate with or ignore injustice.
Except possibly at the level of genuine and powerful intimacy, friendship does not generate an obligation of self-sacrifice. You are entitled to make your own decisions as to what costs you are willing to assume for the sake of a friendship, but you should be clear-eyed about those costs, and realize that your friend will be right to see your choice as a statement about the value of the friendship. In general, Judaism applauds reasonable altruism when it emerges from a deep sense of self rather than from a low sense of self-worth.
There is a prohibition against violating confidences that can be overcome only if it is very clear that the moral cost of maintaining the confidence exceeds the cost of violating it.
It is easy for me to suggest that, rather than telling your friend, you talk to your colleague's boss directly and explain to him why you feel that the decision is unjust, and let him/her explain why s/he disagrees. But it seems likely that you don't have confidence that this as well would lead to reprisals. I have to say that your lack of confidence is a strong indictment of the culture of your corporation.
I hope this is helpful, and wish you all success in working through this dilemma in the manner best for your soul and circumstances.
Sincerely
Rabbi Aryeh Klapper
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Question: Is smoking an occassional cigar or cigarette, without inhaling, against halacha? (because you dont really end up being unhealthy this way).
I am not and have never been a smoker, so I can’t say whether it is plausible that one would actually want to smoke without inhaling.But prima facie, there are three issues with smoking even occasionally:
1)the possibility of addiction, which will pose a serious health risk
2)the secondary smoke problem for those around you
3)the social legitimization of smoking
I don’t know if there is valid science as to what triggers smoking addiction, or whether one can know that one is not susceptible, and as for the second issue, one can presumably smoke in a broad empty open space, an already smokefilled room, or else in a locked and filtered room, or perhaps get valid permission from those around you.So the real issue is the third.
Here a little history is necessary.Orthodox Halakhah did not tend to ban smoking until fairly recently.The primary ground for permission, even after the initial Surgeon General’s Report, was the halakhic understanding of the Biblical phrase “Shomer petaim Hashem” (G-d is the guardian of fools) as allowing people to assume those physical risks which their society considers reasonable.This shifted as smoking became less socially acceptable, and it became plausible to see those who continued to smoke as engaged in extraordinary and irrational activity.
In other words, Halakhah does not ban eating fatty and sugary desserts, or serving them at weddings, even though they are unhealthy, and I can’t tell you whether a single cigarette is more or less unhealthy than a giant dessert.
However – if society were genuinely moving toward a significantly healthier but equally tasty diet, but with hesitations, and you encouraged the hesitation, I think you would be morally culpable.By the same token, I think that our society is moving away from smoking, and that everyone who smokes in public retards that process, and runs the risk of encouraging someone else’s addiction.For this reason, I strongly discourage even very occasional smoking, even by confirmed nonaddicts.
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Question: Should American Jews in positions to be heard – communal leaders, writers, editors – refrain from criticizing Israel’s policies in public, or from publishing negative stories (i.e., the ‘racist rabbis letter’), for fear that others will take this critique and use it for anti-Semitic ends?
Should American Jews in positions to be heard – communal leaders, writers, editors – refrain from criticizing Israel’s policies in public, or from publishing negative stories (i.e., the ‘racist rabbis letter’), for fear that others will take this critique and use it for anti-Semitic ends?
There are two halakhic rubrics under which this question can be addressed.The first is “pikuach nefesh”, the obligation to save lives, and conversely, to avoid endangering them.The second is the prohibition against “lashon hora” (evil speech), which includes a category of true defamation, and which I suggest is relevant to groups and nations as well as individuals.
With regard to true lashon hora, Jeffrey Rosen of The New Republic has argued compellingly that the right to privacy in part stems from a right to be judged in proper context, and I think his thesis explains this element of lashon hora well.Negative stories about someone, even when true, will constitute the whole of that person’s image for the general public.They are therefore inherently distorting.
I think it is eminently reasonable to apply this argument, and extend it, with regard to the State of Israel.Many newspapers and websites, some maliciously and some unconsciously, are interested only in negative stories about Israel, and in some cases the entire goal is to foster a disproportionately negative view of Israel. An obvious analogy was the widespread publicity this year given to the threat of a crackpot Florida minister with a minimal following to burn the Qur’an, which created the impression that Qur’an burning was a common and broadly supported US practice.
With regard to pikuach nefesh, it should be obvious that one may not engage in speech that causes loss of innocent life; one may not, for example, shout “Fire!” in a crowded theatre, even if there is a fire, until the ushers are ready to initiate an orderly evacuation.And it is not unreasonable to argue that publishing some negative stories about Israel leads to the death of Israelis, whether by inspiring individuals to engage in acts of terror, or by making state acts of violence politically attractive, or by diminishing US support for Israel and thereby emboldening her adversaries.
On the other hand, lashon hora is permitted when it is “letoelet”, that is when it is essential for the accomplishment of a necessary end, and some Israeli policies can be plausibly (although not necessarily correctly) seen as posing threats to life.The wholesale application of these halakhic categories would ban not only American Jewish criticism, but also internal Israeli criticism of government policies and social mores.This is clearly impossible in a democracy, and would lead inevitably to massive corruption and abuse of power in any community.
I therefore think that it is best to argue that Jewish law generally sees political accountability as a sufficient “toelet”, and that when there is a political dispute as to which policy is best suited to create security and/or save lives, nothing is gained and much lost if the two sides employ halakhic rhetoric and accuse each other of ignoring “pikuach nefesh”.The irresponsible use of such rhetoric was a contributing factor to the assassination of Prime Minister Rabin.
What remains, then, is the question of whether the good of accountability extends beyond Israel to the American Jewish community.Here I understand well, and find powerful, the argument that Israelis are, in a real sense, voluntarily bearing a security burden that of right should be shared by Jews worldwide, and that as a result we need to be hypervigilant to ensure that we at the least do not add to that burden, and ideally lighten it somewhat.
At the same time, there is a sense in which the burden is shared, in that violent responses to real or imagined Israeli policies often take place in the Diaspora, whether Morocco, Argentina, Europe, or the US.In that regard American Jews are legitimate stakeholders in Israeli policy decisions, beyond their general interest as citizens of Israel’s closest and most important friend.Furthermore, American Jews donate large sums of money to and form alliances with Israeli institutions, and they are entitled to do so on the basis of accurate information.
Now if these were the only considerations, I think a fairly solid consensus could be developed that allowed the publication of criticism and negative stories, but imposed duties to convey maximum context, to limit exposure outside of the world of legitimate stakeholders, to publish only if other channels were unlikely to be effective, and to measure ends and means carefully.People would disagree about how to apply those criteria, but there would be general agreement in principle.
The real controversy, I think, is about the publicizing of negative stories or criticism with the deliberate intention of thereby affecting United States policy, specifically by directly or indirectly diminishing support among United States officials for a current policy of the Israeli government.In such cases, the information can reasonably be thought to be aimed directly at those most susceptible to believing a distorted image of Israel, and at a population with a less immediate stake in the fate of Israel.United States citizens and officials have a right to an accurate portrait of Israel, but sometimes an overemphasized accurate detail adds up to nothing but caricature.
Furthermore, there is a fair sense that a segment of the American foreign policy community is not interested in an accurate portrait at all, but rather simply looking for opportunities to diminish US support for Israel, whether for reasons of soft anti-Semitism, anti-Zionism, or simply out of a belief that US support for Israel at the current level is strategically unwise..At the same time, there is no reason to presume that Israel’s policy choices are wise, and it can reasonably be argued that in some cases generating US pressure to change policies is in the best interests of Israel.
The situation becomes even more complex when parts of the Jewish community mistrust each other’s motives and integrity.Thus I think that criticism of JStreet is often not really based on its public criticism of Israeli policy, but rather on the suspicion that this criticism is not rooted in genuine friendship and concern for Israel, but rather in a discomfort with being identified as Jews with unpopular Israeli policies.Here again context and proportion are crucial, and I suspect that J Street would be perceived more positively within the pro-Israel Jewish community if it were regularly seen investing significant resources in support of Israeli positions that enjoy consensus American Jewish support, and not only in opposition to positions currently unpopular in some quarters.The donation for rebuilding after the Carmel fire was a welcome nod in that direction.
Applying these guidelines and articulated questions with specific reference to the rabbis’ letter, I think that conveying the information was legitimate – the signatories were not isolated crackpots, but rather people with responsible positions, and we need to know which institutions produce and employ such irresponsible moral myopics.But at the same time, it was very important to note that they were generally limited to a narrow religious/political group, and that they drew rapid and withering opposition from more senior scholars across the religious spectrum.Furthermore, I think that legitimate suspicion would attain to someone who specifically sent a copy of this story to members of Congress with a history of hypersensitivity to charges of racism, especially if they did so in the effort to influence an issue related to Israel’s security position.
In summary, American Jews have greater privileges and greater responsibilities with regard to Israel than they do with regard to other countries.The privileges stem from, in Rabbi Joseph B. Soloveitchik’s terms, both fate and destiny – from the fact that we are inevitably affected by Israeli decisions, and from our decision to actively invest ourselves in Israel.The responsibilities stem from these and in addition from the reality that the lives of Israelis are unusually dependant in the perceptions of outsiders.
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Question: Is it possible/acceptable to have a bar/bat mitzvah after the normal age?
The phrases “bar mitzvah” and “bat mitzvah” mean “person who has reached the age of commandedness”, meaning that one can be held accountable for one’s actions. They do not in any way refer to, or require, rituals, let alone parties. In that sense, there is no such thing as “having a bar mitzvah”; rather, one “became bar mitzvah” when they reached the age of 12 (women) or 13 (men).
However, Jewish tradition is aware that it is impossible to be held accountable for obligations of which one is unaware, and even more strongly, that one cannot be held fully accountable for obligations which are not seen as “live options” in the culture one identifies with.
Therefore, it makes sense for Jews to ritually celebrate the moment at which they acquire the knowledge or sensibility to assume the full panoply of Jewish obligations, at whatever age that occurs, and to use the terms “bar mitzvah” and “bat mitzvah” to describe those celebrations.
However, one must always be clear that a Jew is obligated to fulfill his or her Jewish responsibilities from the age of majority, whether or not they were called up to the Torah as part of a ritual coming-of-age ceremony.
Furthermore, while the study of Torah is certainly an appropriate part of such marking, my wife Mrs. Deborah Klapper argues compellingly for the inclusion of interpersonal mitzvoth that require Jewish legal adulthood as well. For example, under Jewish law children cannot give their own property away, even to charity. Therefore, accepting a charitable donation from someone is a recognition of their adulthood.
The phenomenon of "adult bar mitzvah" celebrations does many wonderful things, so long as it is made clear that the Jew was obligated at the age of adulthood, party or no. I hope they fulfill their potential to serve as models of meaningful ritual that generate a commenal reevaluation of the way bar and bat mitzvahs are currently celebrated at the standard age.
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Question: My boss always makes me feel stupid, is rude, puts me down all the time, gets other people to tell me how to dress, and so on. Is this in keeping with Jewish law and custom? Are there Jewish rules about how a boss is to treat an employee?
Jewish ethics absolutely prohibit employers from exercising power over employees in any way not directly related to the performance of their work duties.This is specifically intended to prevent employers from using the work relationship to gratify their own desire to feel superior to others.For example, one may not require employees to perform meaningless work simply to show that you control their time; this is tantamount to slavery.
Everything said above applies to bosses as well as employers; for these purposes, bosses are considered agents of the employer.
Furthermore, purposelessly insulting and humiliating others is a violation of basic interpersonal responsibilities.The employer-employee relationship adds to those; it does not suspend them.
Of course, your boss may be well-intentioned and unaware of the effect his/her actions and words are having on you, but is rather attempting as best s/he can to help you conform to workplace norms and/or be considered for advancement.Normal interpersonal obligations are binding on employees as well.They must treat employers with courtesy, dignity and generosity.
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Question: How should Jewish workers balance the issues of being treated fairly in the workplace, with maintaining necessary services and infrastructure? A case in point is the recent protests in France by hundreds of thousands of workers who felt mistreated, but whose actions threatened to lead to strikes that could cause gasoline shortages, cuts in train and air travel, bedlam at schools, and cuts to electricity. How does one balance the competing values of self-care with maintaining communal services?
Jewish ethics do not permit workers to be held to “specific performance”; in other words, workers cannot be forced to work, no matter what.That would constitute slavery. However, workers can be held liable for the financial damage caused by their refusal to live up to a previously agreed contract.They have the right to unionize, but unionization does not include the right to strike without regard to the economic consequences for their employer, so long as their employer is fulfilling the terms of all agreements between them.
The category “vital services” does not have an exact parallel in Jewish sources.The tradition does distinguish a category of workers whose work constitutes a religious commandment, such as firefighters, doctors, and teachers of Torah.In theory, such work should be done by volunteers.However, such work often requires extensive training and availability that necessitates professionalization, and once professionalization has occurred, contracts made with such workers are enforceable by both sides.There is extensive discussion in the response literature of whether teachers of Torah have the right to strike in nondire circumstances.
However, it seems to me that workers in oil refineries and other “vital service providers” do not fall into the category of “mitzvah workers” outlined above.
Accordingly, I do not see any Jewish reason to object to the French workers' strike, assuming that the damage it causes is purely economic.However, since they are, as best I understand, striking to protest a general government policy rather than a breach of their specific contracts, then if they are breaking an existing contract, under Jewish law they can be held liable, either personally or through their unions, for the economic damage they cause.They also have no specifically Jewish entitlement to reclaim their jobs of they are replaced while striking, although I suspect that there are specific provisions of French law on that subject.
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Question: What are acceptable means of teaching children about matters such as pregnancy and its potential complications? What does Judaism say about how we should teach our children values?
Former President George W. Bush shared in his memoir that when he was a teenager, his mother, Barbara Bush, showed him her miscarried fetus in a jar. Is this kind of approach condoned in Judaism?
A)Does Judaism have a position about what sorts of things are appropriate to show children for educational purposes, specifically about things that are seen as grotesque?
B)Does Judaism have a general theory as to how to engage in values-educatiom
C)Does Judaism have a position about the proper treatment of miscarried fetuses?
With regard to the first and second elements:
Both the Tanakh and Talmud contain numerous stories with strong elements of the grotesque, so I think there is no intrinsic Jewish objection to such educational techniques.We do, of course, emphasize that values education should be effective and psychologically healthy, and I suspect that the effectiveness and effect of such techniques are heavily dependent on cultural context.
Traditional Jewish values education involves both adult role-modeling and training children, through both incentives and disincentives, to follow both broad principles and a highly detailed set of regulations.Most of this is, I presume, fairly standard crossculturally; the distinctly Jewish aspect here is the detailed set of regulations.I think it is fair to say that according to Jewish tradition children should be taught values concretely as well as abstractly, and through ongoing practice as well as study.
With regard to the third element:
The standard position in Jewish law is that miscarried fetuses should be buried.Accordingly, one could justify keeping such a fetus in a jar for educational purposes only if it was clearly a uniquely effective way of making a vital educational point.Not having read the memoir, I can’t say whether Mrs. Bush’s purposes were vital or that this means was uniquely effective.
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Question: The Harry Potter films revolve around the struggle between good and evil. How far does our faith allow us to go in the fight against evil?
a) Setting up absolutes, i.e. declaring that there are at least some means that no end can justify. The extreme version of this approach, known as deontology and generally associated with Immanuel Kant, holds that ends are irrelevant to the admissibility of means; one chooses actions entirely based on whether they are the intrinsically right thing to do, regardless of their consequences. For example, one must return a gun to the person one borrowed it from, even if s/he has in the interim become a homicidal lunatic, because stealing is wrong.
b) Declaring everything a matter of proportion. In other words, very important ends may be able to justify very unsavory means. The extreme version of this approach, known as utilitarianism and generally associated with Jeremy Bentham, believes that the only end that matters is human pleasure, and that any means that has the overall effect of maximizing the overall human pleasure/pain ratio is legitimate. For example, torturing someone else should be permitted if it gives you more additional pleasure than it causes pain to the tortured.
Where does Judaism stand?
Judaism probably has only one absolute, called in Hebrew “avodah zarah”, which encompasses both worship of putative divinities other than G-d and certain extremely improper ways of worshiping G-d. The other members of what are sometimes called “the big three”, which are the sins Jews should die before committing, are murder and certain sexual offenses, but killing is permitted in self-defense and in war, and adultery may be permitted to save large groups of people.
So in general, Judaism takes the position that the ends may justify the means. But it does not take anything like the extreme Benthamite position. Here are three key differences:
a) Judaism recognizes a complex and pluralistic system of values, including worship of G-d, maintenance of social order, development of personal virtue, and others, in addition to maximizing human happiness.
b) Much of the system of Jewish law (Halakhah) is intended to carefully and in detail regulate the interactions of means and ends, and prescribe exactly which means are justified by which ends. Adhering to this system is itself seen as a critically important end. This means that it is almost never the case that “fighting evil” justifies actions that would ordinarily be forbidden.
c) Even where Halakhah acknowledges its own limitations, and that particular situations may require case-by-case rather than rule-based decisionmaking, there is a very clear demarcation between “evil for the sake of good” and intrinsic good. “Evil for the sake of good”, even when permitted, does not mean that the evil is cancelled out by the good, and it may require formal atonement or be punishable by human courts.
Now the Harry Potter series presents a situation in which the future of the world is regularly at stake. It is, in a sense, as series of “ticking bomb” scenarios; Voldemort achieving full power is the equivalent of a nuclear weapon in Times Square. Such scenarios are often very poor guides for real-life behavior, as in the American saying “hard cases make bad law”; in real life the consequences of action or inaction are never so clearcut. In the artificial universe of J.K. Rowling, therefore, Halakhah might easily acknowledge the legitimacy of deceiving goblins, stealing clothes, and the like; in real life, Halakhah-based Judaism has a strong (but not insurmountable) bias against fighting evil with lesser evils.
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