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Wednesday, November 25, 2009

Platonic Dualism and Dualistic Epistemology: The Relationship Between Catholicism and Daat Torah

I wish to trace, in a very creative way, the source of the Haredi notion of Daas Torah. I do not claim that this interpretation is wholly historically accurate, but I hope it is at least somewhat accurate in terms of approximating the appropriate general paradigm. Nor do I claim that there are not other historical sources for this notion. Professor Lawrence Kaplan's Daas Torah - A Modern Conception of Rabbinic Authority must be the source for anyone desiring a wholly scholarly and objective analysis. The following is a more creative analysis, centered around a provocative passage in Yoram Hazony's "Judaism and the Modern State" (Azure / Techelet, Summer 5765/ 2005, pp. 33-51). This essay of Hazony's is really concerning the role that the Tanakh played in the rise of Western liberal democracy, but the following passage (pp. 42-45) pursues a tangent that is fascinating for our purposes. I have added my own running commentary in between paragraphs of the passage, but the passage has not been excerpted by me.:

Anyone who has carefully studied the New Testament and the teachings of the early Church knows that they are, in terms of their metaphysics, something quite different from the Hebrew Bible and the Talmud. I refer in particular to the supposition of a sharp disjuncture between body and soul, between the material and the spiritual, which can be found in certain post-biblical Jewish sources, but which are in evidence almost everywhere in early Christian thought. It is this clean fissure in reality — so strikingly captured in the distinction between “that which is unto Caesar,” and “that which is unto God” (Matthew 22:21); or in Jesus’ declaration that “My kingdom is not of this world (John 18:36) — which permits Christians to conceive of the divine as being fundamentally of another world, along with man’s immortal soul, while man’s body is of this earth. With such a fissure in place,one quickly concludes that the other world is one of truth and goodness, and that this world is, by contrast, a realm of illusion and sin, perhaps even of evil. This understanding is the basis for the opposition between the City of Man, which is temporal, partial, and corrupt, and the City of God, which is eternal, perfect, and pure.

Now that Hazony has established the Christian Platonic dualism (cf. George Eldon Ladd, The Greek Versus the Hebrew View of Man for an analysis of the Platonic view), he continues with its political and epistemological ramifications:
If you understand the world in keeping with such a dualism, it is not difficult to come to the conclusion that God's word,if there is to be such a thing, must be a kind of an incursion of absolute purity and perfection into a fallen world. To compete with the darkness of this world, this incursion must be something overwhelming in its effective power,with the capacity to sweep away the illusion and deceit imposed on man by his materiality. God’s word becomes a “revelation,” by which is meant a form of miraculous knowledge, revealing to man what his own corrupt reason could never have attained. God’s word, as revealed in Scripture, becomes in principle something that is quite distinct from reason, or even opposed to it. What he receives from this activity is itself the revelation in question. Imperfect though his mind may be, it must be the case that the individual has the capacity, in the process of reading Scripture, to attain knowledge of the absolute, the perfect, and the pure.

Now, the Haredim of course do not share the Christian Platonic dualism, or, at the very least, this dualism is not integral to their philosophy. That is, one could, at the very least, imagine a Haredism sans Platonic dualism.

Nevertheless, while Haredi metaphysics is not dualistic, its epistemology certainly is. The Spanish Rishonim saw all knowledge - religious and secular - as ultimately striving for the truth (or perhaps better, Truth, with a capital "T"), and therefore, the "double bind" between religious and non-religious knowledge did not trouble them so terribly much, relatively speaking. One of course had to determine which kinds of secular knowledge were legitimate and trustworthy, and some Spanish Rishonim indeed banned the study of Greek philosophy, but at least theoretically speaking, it was acknowledged as axiomatic that any true secular knowledge was as trustworthy and valid as anything offered by the Torah, for both were "Truth". A simple example would be that the "Shema Yisrael" is no more trustworthy or valid, epistemologically speaking, than "1+1=2"; both are Truth, and neither is more valid than other, even though mathematics is not from Sinai. By contrast, the Haredim see all knowledge not derived from the Torah and Talmud as defective and wanting. Thus, they feel impelled - even against the repeated warnings of the Gaonim and Rishonim - to say that even Hazal's medical knowledge came from Sinai.

In short, Haredi epistemology is as dualistic as Catholic metaphysics. Even if the Haredim do not view the world as such in a dualistic way, they certainly view knowledge and learning in this dualistic way. Thus, what Hazony says, in his continuation, about the Catholic understanding of reason and exegesis, would apply just as well to the Haredim:
But of course, it does not work that way. [I.e., revelation does not come to man miraculously, circumventing his reason and granting him pure and unadulterated knowledge from G-d.] The text does not “reveal” the absolute, the perfect, or the pure to anyone. On the contrary, the encounter with the text only spawns endless contradictory interpretations, each of which implies that the absolute, perfect, and pure do not reside with the others. Or, in other words, that the absolute, perfect, and pure have not been “revealed” at all. In reading Scripture, every individual finds himself thrown back on his own resources, struggling, with the power of his own reason, to attempt to determine its meaning. The very reading of the text refutes the thesis of miraculous knowledge, point-blank.

In short: everyone derives his own personal interpretations of Scripture, contradicting others'. The Karaites said the Talmud cannot be divine because it is filled with disputes, but the same can be said of interpretations of Scripture. Scripture itself can sit on the desk in all its pristine purity and unity of meaning, but any understanding of it is perforce human, and the interpretations will be myriad, controversial, and various. Hazony continues,
This is not a small problem for Christianity, as well as for any interpretation of Judaism that insists on importing a dualist metaphysics similar to that of the New Testament. For if there is no direct road to miraculous knowledge, and instead only countless human interpretations — all of them fallen, all of them corrupt — then how can one say that religion provides a way out of the maze of illusion that is this fallen world? Without the possibility of miraculous knowledge, the entire structure of New Testament metaphysics begins to totter. To head off this collapse, one clutches even more tightly at the supposedly miraculous and absolute character of one’s own interpretation. One insists that a certain understanding is rooted in “authority,” while other interpretations are not. The result, at least in medieval Europe, was the Inquisition and the Index.

Hazony said "...as for any interpretation of Judaism that insists on importing a dualist metaphysics...", but again, I feel we can substitute the word "epistemology" for "metaphysics", and thus arrive at the Haredi position, with that Haredi position being faced, more or less, with the same predicament as the Catholics.

The Haredim distrust any knowledge not gained from Scripture. The root of this is that they distrust nature and man's reason in general, being ever fearful that the revelation of G-d in nature or in man's mind is false and disingenuous, seeking only to lead us astray.

If so, then how can the Haredim trust even the Torah and Talmud? After all, do not their interpretations rely on human reason? The problem faced by the Catholics is the same as faces the Haredim!

But the solution is near at hand. "The result, at least in medieval Europe, was the Inquisition and the Index", and the result, in Israel today, is Daas Torah.

Hazony continues, and for our purposes, everything he says about Christianity could be said just as well about Haredim:
What I take from this analysis of the promise of Christian religion is the following. If we try to determine what precisely it is that makes many versions of Christianity difficult to reconcile with free inquiry into the public good,we find that it is the claim to make available a miraculous knowledge. This claim, to the extent that it is accepted, paralyzes reasoned discourse; because once someone believes he has absolute and perfect knowledge, the doubts that arise as part of the normal debate regarding issues of public concern can only be seen as detracting from the perfect truth he already has. Whether intentionally or not, assertions of miraculous knowledge thus have the effectof delegitimizing all other knowledge with regard to any subject concerning which they are asserted. To admit claims of miraculous knowledge into public debate therefore comes perilously close to calling for an end to public debate.

Is there another approach to the role of Scripture in public life? I think there is another approach, which is the one advanced in the Talmud. The rabbis well knew that no one receives the content of a “revelation,” in the sense of something absolute and perfect, by reading Scripture. What we see is always partial. For this reason, the Talmud establishes the principle that each word of the Tora has “seventy faces,” that each of the many interpretations is equally “the words of the living God.” (Numbers Rabba 13; Eruvin 13b; Gitin 6b.) Moreover, in the struggle to demonstrate the superiority of one interpretation over another, the Talmud explicitly proscribes appeals to revelation. The word of God is“not in heaven,” but of this earth, and men must decide. In matters of interpretation, this means accepting the principle that Tora is always present as multiple views, each of which is legitimate. Where political considerations require that these be reduced to a single decision, the decision is taken not according to “voices from heaven,” but according to the majority opinion among interpreters. (Bava Metzia 59b.)

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A similar conclusion would be arrived at from Professor Menachem Kellner's Maimonides Agonist: Disenchantment and Reenchantment in Modern Judaism(Covenant - Global Jewish Magazine 1:1, November 2006 / Cheshvan 5767). (This article is based on his Maimonides' Confrontation With Mysticism (2006)):
For years I have been convinced that the notion of da'at torah was a haredi innovation, a politically expedient if Jewishly questionable response to the challenges of modernity. However, I have been forced to change some of my cherished opinions. While it is clear that the term da'at torah is a late nineteenth-century innovation, the notion actually reflects forces that existed earlier in Judaism.

He introduces his discussion saying,
In its narrowest form, the debate revolves around the question: what role do prophets as such have in the halakhic process? ... But this debate reflects a much deeper and more profound difference of opinion. For religious thinkers like [Judah] Halevi [the author of the Kuzari], the issue is not only that prophets have a role to play in the halakhic process, but that the very nature of halakhah makes it necessary that prophecy play a role in its determination. For religious thinkers like Maimonides, on the other hand, the nature of halakhah is such that prophets as prophets are irrelevant to the process. This debate itself reflects an even deeper one, about the nature of God's relationship to the created cosmos.

This leads Professor Kellner into a discussion of Maimonidean/rationalistic nominalism versus Kuzarian/Qabalisti mysticism. Kellner summarizes this dispute, saying,
For Halevi, fulfilling the commandments actually does something in the world and accomplishes something which cannot be accomplished in any other fashion. ... How and why does this work? For Halevi, the commandments of the Torah reflect an antecedent reality, a kind of parallel universe of godliness and holiness accessible only to a holy few. Halakhic distinctions for Halevi reflect a reality which is really “out there,” an actual facet of the cosmos, even if it is a reality not accessible to our senses. Holiness, for example, is something that actually inheres in holy places, objects, people, and times. Were we able to invent a “holiness counter” it would click every time its wand came near something holy, just as a Geiger counter clicks in the presence of radioactivity. ... But Maimonides saw the commandments of the Torah as creating a social reality, not as reflecting anything actually existing in the universe. Maimonides, as opposed to Halevi (and Nahmanides), sees halakhah as constituting institutional, social reality, not as reflecting an antecedent ontological reality. ... This reflects his perception of halakhah as a system of rules imposed upon reality. In further opposition to what I have been calling the Halevi--Nahmanides stance, Maimonides maintains that ritual purity and impurity are not states of objects in the “real world,” but descriptions of legal status only.

Having established this distinction, Professor Kellner clinches its association with Da'at Torah:
If [following Halevi] halakhah reflects an antecedent reality, a reality which cannot be apprehended through normal tools of apprehension but only through an “inner eye,” enriched in some fashion by contact with the divine in some fashion, then people who can properly make halakhic decisions are people endowed with a power of apprehension which rises above the natural. That being the case, it makes sense to accept their leadership even in matters which many might think lie outside the four cubits of the law. Halevi's insistence on blurring the boundaries between halakhah and prophecy is thus seen as an outgrowth of his philosophy of halakhah. Deciding halakhic matters is not simply a matter of erudition, training, insight, and skill; it demands the ability to see things invisible to others.

Maimonides, on the other hand, sees halakhah as a social institution, ordained by God, of course, but an institution that creates social reality, not one that reflects antecedent metaphysical reality. Since he holds that so much of halakhah is historically contingent (i.e. it could have been otherwise), he could not have held otherwise. For Maimonides, halakhah does not “work” in the way in which it “works” for Halevi. Obedience to the commandments for Maimonides is immensely important on all sorts of levels--personal, educational, moral, social--but accomplishes nothing outside the psychosocial realm of identity and community.

A good way to see the difference between Halevi and Maimonides is to focus on the following question. Can a non-Jew (or, for that matter, a future computer) determine halakhah? For Halevi the question is ridiculous. In order to determine the law a person must be a Jew who has perfected his contact with the inyan ha'elohi to the greatest extent possible. For Maimonides, the question is not ridiculous. I assume that for many reasons he would not want to see the halakhic decision of a non-Jew as authoritative but he would have to invoke arguments which do not reject the theoretical possibility of a non-Jew achieving sufficient familiarity with halakhic texts and canons of reasoning to formulate decisions which stand up to the most rigorous halakhic examination.

The modern doctrine of da'at torah is thus clearly Halevian and not Maimonidean. For Halevi, in order properly to determine halakhah one must tap into a kind of quasi-prophecy; for Maimonides, one must learn how to handle halakhic texts and procedures properly. If halakhah creates institutional reality, then, beyond technical competence (and, one hopes, personal integrity), the charismatic or other qualities of the individual halakhist are irrelevant to questions of authority; if, on the other hand, halakhah reflects antecedent ontological reality, then the only competent halakhist is the one who can tap into that reality, a function of divine inspiration, not personal ability or institutional standing.

...

There is another point to be made here. Maimonides tells us what a law is, and how one determines what a law is. There is a real sense in which he wants to “rationalize” the whole process, excluding from it appeals to seyata deshemayah ("help of heaven") or to ruah hakodesh (“holy spirit”). This, of course, is threatening to people whose authority rests upon their access to such sources. I do not mean to accuse anti-Maimonideans of playing Machiavellian power politics, but it would be naive to ignore this aspect of the matter.
Given this reference to politics, Professor Kellner appropriately then launches into a discussion highly reminiscent of Professor Kaplan's regarding the “ethic of submission”; Kellner says that Maimonides's world is a “disenchanted” one, a world in which Jews are called upon to fulfill the commandments, not because failure to do so is metaphysically harmful, but because fulfilling them is the right thing to do. By making demands, imposing challenges, Maimonidean Judaism empowers Jews. Their fate is in their own hands, not in the hands of semi-divine intermediaries or in the hands of a rabbinic elite.

The world favored by Maimonides' opponents, on the other hand, is an “enchanted” world. Theirs is not a world that can be explained in terms of the unvarying workings of divinely ordained laws of nature; it is not a world that can be rationally understood. It is a world in which the notion of miracle loses all meaning, since everything that happens is a miracle. In such a world instructions from God, and contact with the divine in general, must be mediated by a religious elite who alone can see the true reality masked by nature. This is the opposite of an empowering religion, since it takes their fate out of the hands of Jews, and, in effect, puts it into the hands of rabbis. This is, in effect, the Jewish world we live in.

New Army Order against Anti-Expulsion Signs: Raise Your Shirts

"When the people fear their government, there is tyranny; when the government fears the people, there is liberty."
- Thomas Jefferson

"Resistance to tyrants is obedience to God"
- Benjamin Franklin

Relying on the Biblical statements of Gidon (Gideon) and Shmuel regarding the potential for abuse found in monarchy, Thomas Paine said:
Britain, with an army to enforce her tyranny, has declared that she has a right ... "to bind us in all cases whatsoever," and if being bound in that manner is not slavery, then there is not such a thing as slavery upon earth. Even the expression is impious, for so unlimited a power can belong only to God. ... Not all the treasures of the world ... could have induced me to support an offensive war, for I think it murder; but if a thief break into my house, burn and destroy my property, and kill or threaten to kill me, or those that are in it, and to "bind me in all cases whatsoever," to his absolute will, am I to suffer it? What signifies it to me whether he who does it is a king or a common man; my countryman or not my countryman? Whether it is done by an individual villain, for an army of them? If we reason to the root of things we shall find no difference. ...
(Common Sense, written Philadelphia: January 1776; the edition of New York: Merdian, 1969, pp. 75, 80.)

Martin Luther King Jr., "Letter from Birmingham City Jail":
One may well ask, "How can you advocate breaking some laws and obeying others?" The answer is found in the fact that there are two types of laws: There are just and there are unjust laws. ... A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas, an unjust law is a human law that is not rooted in eternal and natural law. ... So I can urge men to disobey segregation ordinances because they are morally wrong. ... We can never forget that everything Hitler did in Germany was "legal" and everything the Hungarian freedom fighters did in Hungary was "illegal." It was illegal to aid and comfort a Jew in Hitler's Germany. But I am sure that if I had lived in Germany during hat time I would have aided and comforted my Jewish brothers even though it was illegal.

Yoram Hazony, The Jewish Origins of the Western Disobedience Tradition (Azure, Summer 5758/1998, pp. 17-74.), pp. 62, 20.:
Mankind has seen no end of attempts to render human laws involable in principle, usually on the grounds that one process or another has produced them: There have been those who claimed that the laws of the state were legitimate and binding because the earthly ruler was a god; those who claimed that the laws of the state were legitimate and binding because the ruler was appointed by God; and those who claimed that the laws of the state were legitimate and binding because the ruler was a hereditary monarch. Today it is the fashion to claim that the laws of the state are legitimate and binding because its leaders were chosen in democratic elections. And while democratic elecitons may indeed be the best steward of right that men have yet devised, this fact no more makes them the final arbiter of right than did the similar popularity of now outmoded political regimes in ages past.

...

[U]nqualified obedience to the state is the fundamentally pagan idea, the essential political teaching of the great idolatries of antiqity; ... freedom of conscience and disobedience to unjust law are the core of the biblical political teaching, which areose as a rejection of pagan statism; and ... the adoption of the Jewish obedience teaching by the West - and the victory of the biblical principle of obedience to right over the pagan principle of obedience to the state - represents the highest triumph of the Jewish political idea in history, a triumph which allowed the West, the great bearer of this idea before humanity, to defeat the pagan Nazi state, not only militarily, but on the battlefield of ideas as well.

And with all that said...

New Army Order against Anti-Expulsion Signs: Raise Your Shirts

Excerpt:
Soldiers who attended a Monday night celebration of 10 years since the founding of the Netzach Yehuda (Yehuda Forever) battalion were ordered to leave their belongings outside the hall and to raise their shirts to make sure they were not carrying any banners against expulsion orders.

Tuesday, November 24, 2009

The soldiers are the emissaries of an idea; they do not create the idea by themselves.

According to "Channel 2 Reporter: Cut Off Hesder Yeshivas" (Gil Ronen, Arutz Sheva, http://www.israelnationalnews.com/News/News.aspx/134477), Roni Daniel said,
The soldiers are the emissaries of an idea; they do not create the idea by themselves.
Therefore, he proposes that funding to hesder yeshivas be withdrawn, or something along those lines, in order to remove the power of influence from those rabbis who advocate refusal of orders.

He is quite correct that "The soldiers are the emissaries of an idea; they do not create the idea by themselves." However he is quite mistaken when he believes it is the hesder rabbis and dati leumi rabbinic authorities who are responsible for this idea of refusing orders. If he wishes to be sure this refusal of orders ceases, he must set his sights elsewhere. Let me explain, and tell how one must silence this new insurrection.

According to Schenck v. United States (1919), regarding advocacy of draft-dodging, it was ruled that such advocacy is not protected by free speech because
when a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right.
In other words: when the nation is at war, such advocacy of refusal of orders is undemocratic. Ergo, when the nation is NOT at war, such advocacy IS democratic.

In fact, if one were to peruse the literature of Western liberal democratic theory (John Locke, the Federalist Papers, etc.), one would see that the basic notion of democracy is that government is a social contract, by the people and for the people. In other words, when the people are dissatisfied with the government, they have the right (if not the obligation) to dismantle the government. Democracy does not mean only voting; if democracy meant only suffrage, then democracy would be naught but elected totalitarianism. Democracy is something that takes place every day; the people have a right to speak, and even to take action, when the government does not satisfy them. In fact, the entire purpose of the right to bear arms in America is not for the sake of personal self-defense, but rather, for the sake of allowing a popular uprising to dismantle the government.

Therefore, Schenck v. United States (1919) upheld this right and democratic duty, limiting it only in times of actual warfare.

Besides the concept of social contract and rule by the people, there is also the matter of justice and morality being binding over and above the government's orders. Regarding Kafr Qasim, Judge Benjamin Halevy seems to have ruled that אין שליח בדבר עברה ("There is no messenger in the case of sin", meaning that you cannot say, "I was only a messenger to carry out his sin by proxy!") is binding Israeli law, for he ruled,
The distinguishing mark of a manifestly illegal [military] order is that above such an order [from a military superior] should fly, like a black flag, a warning saying: 'Prohibited!'.
In other words: Israeli soldiers are bound by a higher authority. If an IDF authority orders one to murder innocent Arabs, then IDF soldiers must know that this order is illegal, and they must disobey.

According to MK Ophir Pines-Paz (Labor),
The rabbis' call [on soldiers] to refuse [IDF] military orders undermines Israeli democracy. This is dangerous incitement that is liable to break up the IDF. I call on [Yesha] settlement leaders to distance themselves from these rabbis' declaration. And I call on the attorney-general to open investigations against the rabbis for allegations of incitement.
("Rabbis: Soldiers must refuse IDF orders", Matthew Wagner, Jerusalem Post, 27 May 2009). Similarly, Kadima MK Nahman Shai, regarding soldiers refusing to follow orders to expel people from their homes (as in the Gaza Disengagement) said
In a democratic country, the army must not allow soldiers to take such a position.
(Kadima MK: Put Soldiers in Their Place", Israel National News).

Those two quoted MKs have not the faintest clue what democracy is. As Israeli Political Science Lecturer Raissa Epstein has noted (in her appendix to Moshe Feiglin's במקום שאין אדם / Where There are No Men), the powers that be in Israel prefer to disingenuously use the terminology of Western liberalism, to enshroud what is actually and truly Marxist socialism. What Pines-Paz and Shai are advocating is similar to what the Nazis at Nuremberg claimed, viz. that the government commands and the people obey, without question. But according to democratic theory, the people must obey only when (1) the government is fulfilling its social contract, and (2) when the government's orders are not manifestly immoral according to a higher authority. According to (2), the Nazis should have refused orders to kill Jews, but according to Pines-Paz and Shai, this is not so clear, since "in a democratic country [like Israel], the army must not allow soldiers to take such a position".

According to Pines-Paz and Shai, the IDF soldiers should have massacred innocent Arabs at Karf Qasim; such incitement to violence from these MKs must not be tolerated. What was done to Meir Kahane must be done to Pines-Paz and Shai.

So Mr. Daniel is incorrect that the rabbis are the source of this notion to disobey orders. I myself follow mostly Rabbi Samson Raphael Hirsch of 19th century Germany and Rabbi Haim David Halevy of Tel Aviv, and from neither have I ever heard anything about refusing orders from the IDF. (Rabbi Hirsch died in 1888, after all.)

However, Rabbi Hirsch (in Germany) DID speak often about the evils of idolatrous nationalism, how the government exists for the people, and how the government must not be allowed to become its own end. See his commentary on the Tower of Babel: he says that in that case, the government wanted a tower for its own self-aggrandizement, and it coerced the people into conforming, and when a man fell down from the tower and died, no one cried, for he was but a cog in the greater machine. Rabbi Hirsch was clearly an adherent of Western liberal democratic theory, and NOT of Nazi or Marxist totalitarianism.

In fact, I am quite distant from the entire Merkaz ha-Rav school. I find them, in most matters of Jewish religion, to be very similar to the Haredim. After all, the Merkaz ha-Rav-niks call themselves "Haredi Leumi", and so their entire weltanschauung is extremely Haredi. Their views on women and secular learning, for example, strike me as archaic and Medieval. My political views are certainly not influenced by them, for I find their views to be pathetic and disgusting.

And if I am not mistaken, my own rosh ha-yeshiva is opposed to soldiers disobeying orders. But I am not bound by the opinions of my rosh ha-yeshiva.

But in America, in my United States Government and Politics course, I learned much about democratic theory. In that course, I learned everything I needed to know about refusing government orders.

The source for this new IDF insubordination is NOT the rabbis, as Roni Daniel would have it. The source is John Locke. And what was John Locke's source? I invite you to read the following sources to find out:
--- Fania Oz-Salzberger, "The Jewish Roots of Western Freedom" (Azure, Summer 5762 / 2002);
--- Yoram Hazony, "The Jewish Origins of the Western Disobedience Tradition" (Azure, Summer 5758 / 1998);
--- Yoram Hazony, "Judaism and the Modern State" (Azure, Summer 5765, 2005).

"When the people fear their government, there is tyranny; when the government fears the people, there is liberty."
- Thomas Jefferson

"Resistance to tyrants is obedience to God."
- Benjamin Franklin

Relying on the Biblical statements of Gidon (Gideon) and Shmuel regarding the potential for abuse found in monarchy, Thomas Paine said:
Britain, with an army to enforce her tyranny, has declared that she has a right ... "to bind us in all cases whatsoever," and if being bound in that manner is not slavery, then there is not such a thing as slavery upon earth. Even the expression is impious, for so unlimited a power can belong only to God. ... Not all the treasures of the world ... could have induced me to support an offensive war, for I think it murder; but if a thief break into my house, burn and destroy my property, and kill or threaten to kill me, or those that are in it, and to "bind me in all cases whatsoever," to his absolute will, am I to suffer it? What signifies it to me whether he who does it is a king or a common man; my countryman or not my countryman? Whether it is done by an individual villain, for an army of them? If we reason to the root of things we shall find no difference. ...
(Common Sense, written Philadelphia: January 1776; the edition of New York: Merdian, 1969, pp. 75, 80.)

Martin Luther King Jr., "Letter from Birmingham City Jail":
One may well ask, "How can you advocate breaking some laws and obeying others?" The answer is found in the fact that there are two types of laws: There are just and there are unjust laws. ... A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas, an unjust law is a human law that is not rooted in eternal and natural law. ... So I can urge men to disobey segregation ordinances because they are morally wrong. ... We can never forget that everything Hitler did in Germany was "legal" and everything the Hungarian freedom fighters did in Hungary was "illegal." It was illegal to aid and comfort a Jew in Hitler's Germany. But I am sure that if I had lived in Germany during hat time I would have aided and comforted my Jewish brothers even though it was illegal.

Yoram Hazony, The Jewish Origins of the Western Disobedience Tradition (Azure, Summer 5758/1998, pp. 17-74.), pp. 62, 20.:
Mankind has seen no end of attempts to render human laws involable in principle, usually on the grounds that one process or another has produced them: There have been those who claimed that the laws of the state were legitimate and binding because the earthly ruler was a god; those who claimed that the laws of the state were legitimate and binding because the ruler was appointed by God; and those who claimed that the laws of the state were legitimate and binding because the ruler was a hereditary monarch. Today it is the fashion to claim that the laws of the state are legitimate and binding because its leaders were chosen in democratic elections. And while democratic elecitons may indeed be the best steward of right that men have yet devised, this fact no more makes them the final arbiter of right than did the similar popularity of now outmoded political regimes in ages past.

...

[U]nqualified obedience to the state is the fundamentally pagan idea, the essential political teaching of the great idolatries of antiqity; ... freedom of conscience and disobedience to unjust law are the core of the biblical political teaching, which areose as a rejection of pagan statism; and ... the adoption of the Jewish obedience teaching by the West - and the victory of the biblical principle of obedience to right over the pagan principle of obedience to the state - represents the highest triumph of the Jewish political idea in history, a triumph which allowed the West, the great bearer of this idea before humanity, to defeat the pagan Nazi state, not only militarily, but on the battlefield of ideas as well.

Sunday, November 22, 2009

On IDF Insubordination and Idolatrous Nationalism

According to IDF Chief of General Staff Lt.-Gen. Gabi Ashkenazi (see here):
This is my message to the religious leadership: soldiers answer to one authority only, and that is their commanding officers.

Regarding the incident at Kafr Qasim, it was held by Israeli Judge Benjamin Halevy that even though the IDF soldiers were ordered to shoot all Arabs on sight during a curfew, nevertheless, the soldiers should have known that any obviously unarmed Arabs (who simply didn't know about the curfew) should not be killed, and that any order to the contrary was illegal.

Apparently, Ashkenazi would have preferred that the soldiers shoot and kill the unarmed Arabs.

If anyone can distinguish the words of Ashkenazi from the Nazi defense at Nuremberg, I'm all ears, because the two seem identical to me. After all, according to Ashkenazi, any and all soldiers can plead, "I was only following orders."

Similarly, according to MK Ophir Pines-Paz (Labor),
The rabbis' call [on soldiers] to refuse [IDF] military orders undermines Israeli democracy. This is dangerous incitement that is liable to break up the IDF. I call on [Yesha] settlement leaders to distance themselves from these rabbis' declaration. And I call on the attorney-general to open investigations against the rabbis for allegations of incitement.
("Rabbis: Soldiers must refuse IDF orders", Matthew Wagner, Jerusalem Post, 27 May 2009, http://www.jpost.com/servlet/Satellite?cid=1243346492568&pagename=JPost/JPArticle/ShowFull). Similarly, Kadima MK Nahman Shai, regarding soldiers refusing to follow orders to expel people from their homes said
In a democratic country, the army must not allow soldiers to take such a position.
("Kadima MK: Put Soldiers in Their Place", Israel National News, http://www.israelnationalnews.com/News/Flash.aspx/173114).

Lecturer Raissa Epstein, in her appendix to Moshe Feiglin's Where There are No Men / Bimqom She'ein Adam shows that the political establishment of Israel relies on Marxist socialist concepts even as it abuses the terminology of Western democratic political theory to enrobe that Marxism. (Now queue a reference to Orwell's Newspeak in Nineteen-Eighty-Four.) One has not beholden tyranny until he is faced (as is documented by Feiglin, op. cit.) with a prosecuting attorney who successfully convinces an Israeli Supreme Court justice that civil non-violent disobedience is only legitimate in "unsavory regimes" like America, Britain, France, and China (with its Tiananmen Square), and not in a modern Western democratic nation like Israel.

If Pines-Paz and Shai ever looked up Schenck v. United States (1919) and "clear and present danger", it could only be in order to find out what democracy said so that they could demand precisely the opposite in democracy's name. (In that case, it was ruled, "when a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right." In other words, draft-dodging is a danger to democracy only in time of war.

And given the Kafr Qasim incident, Pines-Paz and Shai are apparently ignorant of Israeli law as well.

"When the people fear their government, there is tyranny; when the government fears the people, there is liberty."
- Thomas Jefferson

"Resistance to tyrants is obedience to God."
- Benjamin Franklin

Relying on the Biblical statements of Gidon (Gideon) and Shmuel regarding the potential for abuse found in monarchy, Thomas Paine said:
Britain, with an army to enforce her tyranny, has declared that she has a right ... "to bind us in all cases whatsoever," and if being bound in that manner is not slavery, then there is not such a thing as slavery upon earth. Even the expression is impious, for so unlimited a power can belong only to God. ... Not all the treasures of the world ... could have induced me to support an offensive war, for I think it murder; but if a thief break into my house, burn and destroy my property, and kill or threaten to kill me, or those that are in it, and to "bind me in all cases whatsoever," to his absolute will, am I to suffer it? What signifies it to me whether he who does it is a king or a common man; my countryman or not my countryman? Whether it is done by an individual villain, for an army of them? If we reason to the root of things we shall find no difference. ...
(Common Sense, written Philadelphia: January 1776; the edition of New York: Merdian, 1969, pp. 75, 80.)

Martin Luther King Jr., "Letter from Birmingham City Jail":
One may well ask, "How can you advocate breaking some laws and obeying others?" The answer is found in the fact that there are two types of laws: There are just and there are unjust laws. ... A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas, an unjust law is a human law that is not rooted in eternal and natural law. ... So I can urge men to disobey segregation ordinances because they are morally wrong. ... We can never forget that everything Hitler did in Germany was "legal" and everything the Hungarian freedom fighters did in Hungary was "illegal." It was illegal to aid and comfort a Jew in Hitler's Germany. But I am sure that if I had lived in Germany during hat time I would have aided and comforted my Jewish brothers even though it was illegal.

Yoram Hazony, The Jewish Origins of the Western Disobedience Tradition (Azure, Summer 5758/1998, pp. 17-74.), pp. 62, 20.:
Mankind has seen no end of attempts to render human laws involable in principle, usually on the grounds that one process or another has produced them: There have been those who claimed that the laws of the state were legitimate and binding because the earthly ruler was a god; those who claimed that the laws of the state were legitimate and binding because the ruler was appointed by God; and those who claimed that the laws of the state were legitimate and binding because the ruler was a hereditary monarch. Today it is the fashion to claim that the laws of the state are legitimate and binding because its leaders were chosen in democratic elections. And while democratic elecitons may indeed be the best steward of right that men have yet devised, this fact no more makes them the final arbiter of right than did the similar popularity of now outmoded political regimes in ages past.

...

[U]nqualified obedience to the state is the fundamentally pagan idea, the essential political teaching of the great idolatries of antiqity; ... freedom of conscience and disobedience to unjust law are the core of the biblical political teaching, which areose as a rejection of pagan statism; and ... the adoption of the Jewish obedience teaching by the West - and the victory of the biblical principle of obedience to right over the pagan principle of obedience to the state - represents the highest triumph of the Jewish political idea in history, a triumph which allowed the West, the great bearer of this idea before humanity, to defeat the pagan Nazi state, not only militarily, but on the battlefield of ideas as well.

Friday, November 20, 2009

Halakhah: Human and Man-made

Here, Harry Perkel said, at Menachem Mendel's blog:
For once I cannot agree more with Menachem Mendel (and Michael Makovi). I would go further than saying [as Makovi does] that “Halakhah must take the human factor into account”. It must take morality, current scientific knowledge, and the future of the Jewish people into account. Otherwize Halakahah becomes a form of idolatry. I think that is what Rabbi Gordon Tucker in his Responsa on the issue of Gays becoming Rabbis in the Conservative Movement was getting at. A perfect example is the Aggunot issue. For A Rabbi or Beit Din to throw up their hands and in fact say these wives maybe be suffering and treated unethically but what can we do- this is Halakhah- borders on the obscene. I know my assumptions are not Orthodox- since I am not sure Halakahah should be considered as a legal system, and I am also assumimg that Halakhah is man ( and hope in the future female) made. But neverthles Orthodoxy if they wanted can find sufficient precedent on conversions as Professor Sagi, and in a related area as Professor Shaye Cohen has pointed out.

My response there:
Rabbi Benzion Uziel and his student Rabbi Haim David Halevi, both ruled halakhah based on love, mercy, and leniency. See Rabbi Marc Angel's respective biographies of those two figures, and see also Rabbi Halevi's Asei Lekha Rav 8:97, translated by Rabbi Angel as "The Love of Israel as a Factor in Halakhic Decision-Making in the Works of Rabbi Benzion Uziel" (Tradition 24:3, Spring 1989). Among things, Rabbi Halevi says that Beit Hillel prevailed over Beit Shammai because the former knew the human condition and tended to leniency. For his part, Rabbi Uziel proudly boasted how he'd be lenient and rule out of mercy. Rabbi Halevi adds that there is nothing as flexible as the halakhah, and that the halakhah will continue to live only if the rabbis continue to make new halakhic innovations like they have in the past. A student of Rabbi Dr. Eliezer Berkovits's said to me that Rabbi Halevi was the last of the great poseqim.

See also Johnny Solomon, "Rabbi Hayyim David Halevy as the Orthodox poseq for the non-orthodox", Presented at the Jewish Law Association Conference, Manchester. 23rd July 2008. (I am indebted to its author for sending this article to me.)

Did I mention that Rabbis Uziel and Halevi were traditional Judeo-Spanish Sephardim without any formal secular learning?

And of course, hashqafa can certainly affect halakhic rulings. As Rabbi Eliezer Samson Rosenthal (the poseq for Professor Ephraim Urbach's Movement for Torah Judaism, smiha from Merkaz ha-Rav) says, regarding saving gentiles on Shabbat ("A Reflection of Truth: Rabbinate and Academe in the Writings of Rabbi A. S. Rosenthal on Violating the Sabbath to Save a Gentile’s Life", here),

"Our relationship to people who are not of the Covenant [i.e., non-Jews] is, first and foremost, a question of opinion and proper conduct. A person—including a Torah sage—must determine his understanding of “the law of persons” before moving on to the halakhot of the Sabbath, for the latter determination depends on the former, rather than the other way around. A person must choose in this regard between two fundamental and comprehensive opinions. On the one hand, he may adhere to the fundamentalist position, includes nothing (except, perhaps, for a greater or lesser measure of Jewish chauvinism, perhaps mystical and certainly archaic) beyond what is written in the usual halakhic decisional literature, construing its simple words broadly. Alternatively, he may take the informed and autonomous position of a man of culture, whose education and understanding make it clear to him that “this is the book of human history” [Gen. 5:1] is a great principle from which there is no ethical or intellectual escape."

Rabbi Rosenthal adds, "And even if he find a clear, unambiguous contradiction with the sanctified sacred books, he cannot rest until he locates, in the hidden resources of the rich and variegated halakhic tradition, an authorized textual peg that can reconcile his opinion with his learning. And he will even try to improve on it through his overpowering halakhic-interpretive skill. That is the way of halakhic wisdom and that is its praise. That has always been and always will be the way of sages in their learning, even if some pietists now come and try in their piety to cast doubt on it."

Rabbi Benny Lau is fond of quoting the following (see ibid. and also "Prophetic Morality as a Factor in R. Uziel’s Rulings on Conversion", here, quoting Rabbi David Menahem Monish Babad, chief judge of the Jewish court in Tarnopol in twentieth-century Galicia:

"At the outset, let me say what I heard directly from the ga’on Rabbi Berish Rappoport, chief judge of the community of Rawa, who had heard from his teacher, the renowned ga’on, the chief judge of the community of Lublin, that when a question came before him, he would first assess the matter in accordance with the human mind, and if the human mind suggested to him that the claim was true, he would then examine it in accordance with the laws of the holy Torah to determine how to rule. And so it is with me: when a question comes before me regarding an agunah [a woman whose husband cannot (because he is missing or incapacitated) or will not divorce her and who therefore cannot remarry] or a similar case, if it is clear to me through the application of the human mind and thought that the matter is true, then I toil to find a way to permit [the indicated action] in accordance with the statutes and laws of our holy Torah."

According to Professor Marc Shapiro (here): "You have to violate the Sabbath to save everyone, but the reason given in the sources is utilitarian (non-Jews won’t save us if we don’t save them). Rabbi Soleveitchik said he was troubled by this. My point was that all legal systems have to operate in a legal fashion. That doesn’t mean there aren’t moral considerations pushing you, but those are not in themselves enough to get to the result you want. You have to go through the system, the halakhic rules. When you get to the utilitarian factor, that’s the rule. That’s the way to get to where you want to go. That no more means you are ignoring ethical factors than when a rabbi tries to free an agunah whose husband is missing. He’s certainly motivated by ethical factors, by great concern for the suffering of the woman, but that’s not enough. You need to work within the system."

Similarly, according to Rabbi Norman Lamm (here), responding to Noah Feldman: "Surely you, as a distinguished academic lawyer, must have come across instances in which a precedent that was once valid has, in the course of time, proved morally objectionable, as a result of which it was amended, so that the law remains "on the books" as a juridical foundation, while it becomes effectively inoperative through legal analysis and moral argument. Why, then, can you not be as generous to Jewish law, and appreciate that certain biblical laws are unenforceable in practical terms, because all legal systems -- including Jewish law -- do not simply dump their axiomatic bases but develop them. Why not admire scholars of Jewish law who use various legal technicalities to preserve the text of the original law in its essence, and yet make sure that appropriate changes would be made in accordance with new moral sensitivities?"

And at that same URL, Professor Marc Shapiro quotes Rav Kook as saying:

אסור ליראת שמים שתדחק את המוסר הטבעי של האדם, כי אז אינה עוד יראת שמים טהורה. סימן ליראת שמים טהורה הוא, כשהמוסר הטבעי, הנטוע בטבע הישר של האדם, הולך ועולה על פיה במעלות יותר גבוהות ממה שהוא עומד מבלעדיה. אבל אם תצוייר יראת שמים בתכונה כזאת, שבלא השפעתה על החיים היו החיים יותר נוטים לפעול טוב, ולהוציא אל הפועל דברים מועילים לפרט ולכלל, ועל פי השפעתה מתמעט כח הפועל ההוא, יראת שמים כזאת היא יראה פסולה.

According to the translation here: "It is forbidden for fear of Heaven to push aside one's natural morality, for then it would no longer be pure fear of Heaven. The sign [by which one can recognize] pure fear of Heaven is when the natural morality which is rooted in man's honest nature ascends by means of [the fear of Heaven] to higher levels than it would have attained without it. But if there should be a fear of Heaven, such that without its influence, life would tend to function better, and would actualize things beneficial to the individual and society, whereas with its influence that actualizing power would diminish–such a fear of Heaven is invalid."

תפול שאלה על איזה משפט שבתורה, שלפי מושגי המוסר יהיה נראה שצריך להיות מובן באופן אחר, אז אם באמת ע"פ ב"ד הגדול יוחלט שזה המשפט לא נאמר כ"א באותם התנאים שכבר אינם, ודאי ימצא ע"ז מקור בתורה.

My own unprofessional translation: "And if a question arises on any given law of the Torah, that according to moral/ethical conceptions this law needs to be understood in another manner, then, if indeed according to the Beit Din ha-Gadol (i.e. the Sanhedrin) it will be decided that this law in question was stated only with regards to sociological conditions that are no longer extent, then indeed by means of this ruling a source in the Torah will be found for this moral/ethical conception."

כשהמוסר הטבעי מתגבר בעולם, באיזה צורה שתהיה, חייב כל אדם לקבל לתוכו אותו מממקורו, דהיינו מהתגלותו בעולם, ואת פרטיו יפלס על פי ארחות התורה. אז יעלה בידו המוסר הטהור אמיץ ומזוקק.

My own unprofessional translation: "When natural morality strengthens in the world, in whatever form it may, then everyone is obligated to incorporate this within his own ethos from its source, i.e. from its revelation in the world, and its details will be explicated via the paths of the Torah. Then pure morality will come into his hand, strong and purified."

כל התורה הזאת של מלחמת רשות לא נאמרה כ"א לאנושיות שלא נגמרה בחינוך.

My own unprofessional translation: "This entire legal teaching about voluntary wars (milhemet reshut) was said only regarding a mankind that had not completed its ethical education."

כל לב יבין על נקלה כי רק לאומה שלא באה לתכלית חינוך האנושי, או יחידים מהם, יהיה הכרח לדבר כנגד יצר הרע ע"י לקיחת יפת תואר בשביה באופן המדובר. ומזה נלמד שכשם שעלינו להתרומם מדין יפת תואר, כן נזכה להתרומם מעיקר החינוך של מלחמת רשות, ונכיר שכל כלי זיין אינו אלא לגנאי.

My own unprofessional translation: "Every heart will understand easily that that only for the sake ofa nation that has not come to its humanistic-ethical completion, or individuals thereof, will need a [law directed] against the yetzer hara [as a concession], such as taking a woman captive in war (yafet toar), as the Torah speaks of. And from this we will learn that just as it is incumbent upon us to rise from the law of yafet toar, so too we shall merit to rise upon the [inferior] education principle [that mandates] voluntary wars, and we will recognize that every vessel of war is disgraceful."

Professor Shapiro notes that "R. Kook is not speaking about apologetics here, but a revealing of Torah truth that was previously hidden. The truth is latent, and with the development of moral ideas, which is driven by God, the new insight in the Torah becomes apparent." Additionally, Professor Shapiro notes regarding Rabbi Norman Lamm that "He then develops the notion of a developing halakhic morality in which our evolving understanding of morality lead us back to the Torah 'to rediscover what was always there in the inner folds of the Biblical texts and halakhic traditions'".

And see here regarding Rabbi Moshe Shmuel Glasner, the father of the teacher of Rabbi Dr. Eliezer Berkovits.

And let me add: halakhah certainly is man-made. Rambam says in Hilkhot Mamrim that one Sanhedrin can overturn the drashot of a previous Sanhedrin. Based on this fact, Rabbi Moshe Shmuel Glasner (the father of the teacher of Rabbi Dr. Eliezer Berkovits) (see here and here) and Rabbi Benzion Uziel (cf. Rabbi Angel's biography of him, and also Rabbi Angel's The Rhythm of Jewish Living: A Sephardic Approach and his Maimonides, Spinoza, and Us: Towards an Intellectually Vibrant Judaism) both determined that halakhah is man-made, can evolve over time, and can take human factors into account. Rabbi Emanuel Rackman, in his One Man's Judaism says that if the Conservative movement errs in assuming halakhah is entirely man-made (and that there is nothing Sinaitic), and that anything made by history made be broken by history, then, he says, Orthodoxy errs in assuming halakhah is entirely Sinaitic and that nothing in it is man-made and historically-conditioned. Might I add that any form of extremism is usually wrong?


I add further:
Also:

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Now, Grace Aguilar (an 18th-century Anglo-Jewish novelist) was certainly not a rabbi, nor was she even rabbinically-learned, but she was a traditional Judeo-Spanish Sephardi, and Isaac Leeser saw fit to edit some of her works, so she couldn't have been totally wrong. (Although Leeser did take her to task in some of his notes to her text. But again, he did edit her work, so I'd view that as an implicit hasqama!)

See here and Rabbi Marc Angel's treatment of her in Voices in Exile: A Study in Sephardic Intellectual History:

"A new era is dawning for us. Persecution and intolerance have in so many lands ceased to predominate, that Israel may once more breathe in freedom... the voice of man need no longer be the vehicle of instruction from father to son, mingling with it unconsciously human opinions, till those opinions could scarcely be severed from the word of God... [Emphasis added] This need no longer be. The Bible may be perused in freedom… A spirit of inquiry, of patriotism, or earnestness in seeking to know the Lord and obey Him...is springing up. (Aguilar, The Women of Israel, 11–12)

"Circumstances demand the modification...of some of these Rabbinical statutes; and could the wise and pious originators have been consulted on the subject, they would have unhesitatingly adopted those measures" (Aguilar, The Spirit of Judaism, 31).

As Ronda Angel-Arking notes (see URL above), "Rather than reject rabbinic law, Aguilar promotes modification—based on contemporary realities. The process of halakhic decision-making is a fluid, changing structure. By viewing the Oral Law as "divine," one discredits the whole nature of the halakhic process, which necessarily evolves as new realities crop up. Additionally, Aguilar notes, it is important to understand the backgrounds and biases of those rabbis who wrote the halakhah: 'There may be some observances which superstition and bigotry have introduced' (The Spirit of Judaism, 241). Looking at halakhah as an evolving process, Aguilar demands an honest assessment of the origins and intellectual validity of each law as it is practiced. She thus encourages each Jew to go back to the original source—the Bible—to try to understand the essential spirit of the halakha. As a traditional Jew, Aguilar encourages a more rational, Bible and reason-based, evolving Orthodoxy that will be rich in tradition and spirituality for men and women alike."

In case one sees it as heretical or un-Orthodox for Aguilar to say "Circumstances demand the modification of some of these Rabbinical statutes", then see here:

Rabbi Haim Hirschensohn asked, "Are we at present able to find a heter for some rabbinic prohibitions, based on the principle that a decree that has not spread among most of the community can be voided by a lesser Beit Din [than the one that instituted it]?"

His source was Rambam: "If the court has issued a decree in the belief that the majority of the community could endure it, and after the enactment thereof the people made light of it and it was not accepted by the majority, the decree is void and the court is denied the right to coerce the people to abide by it. If after a decree had been promulgated, the court was of the opinion that it was universally accepted by Israel and nothing was done about it for years, and after the lapse of a long period a later court investigates the doings of Israel and finds that the decree is not generally accepted, the latter court, even if it be inferior to the former in wisdom and number, is authorized to abrogate it."

As Professor Marc Shapiro notes there: "Traditionally, this halakhah has been understood to
mean that if, at the time of the decree, the people never accepted it, then it can be revoked. What the anonymous author [i.e. Rabbi Haim Hirschensohn] suggested was that since it is the Jewish people who, at the end of the day, decide if a decree is to be binding, then perhaps this authority does not only apply to the first generation, but for all time. In other words, the Jewish people have a continuing role in ensuring the validity of rabbinic legislation. Therefore, if the Jewish population—and he has in mind those who are generally observant—chooses to ignore a rabbinic decree that in years past was accepted, then this very lack of observance, which at first was understandably regarded as sinful, could itself give authority to the rabbis to formally void the decree. This is, to be sure, an extreme position, in that it
places the continuing, binding nature of rabbinic authority in the hands of the people. Yet it is not as radical, or unique, as many will think. To begin with, no less a figure than R. Joseph Karo claims that this approach is a plausible explanation of Maimonides’ statement. Furthermore, it is basic to halakhic history that the response of the community plays a role in the authority of halakhah. That is, when enough people flout a halakhah, and the sages are unable to improve matters, it is usually not long before rabbis begin to develop justifications for the people's behavior (limmud zekhut)."

Professor Shapiro quotes Rav Kook: "At times, when there is need to transgress the way of the Torah, and there is no one in the generation who can show the way, the thing comes about through breaching. Nevertheless, it is better for the world that such a matter come about unintentionally. Only when prophecy rests on Israel is it possible to innovate such a matter as a "temporary measure". Then it is done with express permission. With the damming of the light of prophecy, the innovation comes about through a long-lasting breach, which saddens the heart with its externals, but gladdens it with its inner content."

As Professor Shapiro explains, "In other words, when continued adherence to a certain halakhah will have negative consequences, and there is no formal mechanism for abolishing the law, Providence ensures that people begin to violate this halakhah, and in time what used to be regarded as a violation becomes accepted, even among the halakhists. Those who look at matters from the outside, at the "externals", are of course saddened by the violation, since it appears to be a rebellion against halakhah. Yet those who can see what is really happening, who recognize the “inner content,” realize that matters are being directed by the Divine, in what is a necessary adjustment to the halakhic system."

Comparing Rabbis Hirschensohn and Kook, Professor Shapiro comments, "What is particularly noteworthy about the anonymous suggestion is that it is not concerned with ex post facto justifications, but is raising the possibility of formal abolishment of rabbinic prohibitions by contemporary rabbis. Think of a rabbinic prohibition that is widely ignored in the traditional community—and in early twentieth century America there were many—and imagine bringing it before a rabbinic court that would then abolish it."

Professor Shapiro adds, "It is necessary to say a few more words about Hirschensohn's conscious search for leniencies in the halakhic process. It is not, as some might assume, that he viewed halakhah as a burden and was therefore interested in lightening the load. Rather, he was concerned that in modern times, when only a small minority observes halakhah and many who do observe it do so only in part, the halakhic system could be used to delegitimize most Jews. Faced with the phenomenon, Hirschensohn's approach was to stretch halakhah in order for it to be more inclusive. Why do that, one may ask; what benefit is there to Judaism by lowering standards? Hirschensohn's reply is that it is not an issue of raising and lowering standards. Rather, halakhah, as a living system, must deal with reality. The standards of halakhah in eighteenth-century Vilna cannot be the same as in early twentieth-century America."

Tuesday, November 17, 2009

Attack of the Utility Monsters: The New Threats to Free Speech

Attack of the Utility Monsters: The New Threats to Free Speech, by Jason Kuznicki

CATO Institute Policy Analysis no. 652

Freedom of expression is looking less and less like a settled issue. Challenges to it have lately arisen from the right, from the left, from Muslim perspectives, and even in the name of protecting children online. These challenges seem to share an underlying concern, namely that we must balance free expression against the psychic hurt that some expressions will provoke. Often these critiques are couched in language that draws or appears to draw, on the law and economics movement. Yet the cost-benefit analyses advanced to support restrictions on expression are incomplete, subjective, and self-contradictory.

Fantastic article criticizing hate-speech laws. Basically, the article is a reductio ad absurdum.

Thanks to my brother for having me read it.

Hate speech against homosexuals offends the homosexuals, right? Anything that causes emotional pain to a minority or such should be prohibited, yes?

But what if libertarians are pained no less profoundly by the denial of free speech? What if the Westboro Baptist Church is profoundly pained by its primary activity - hate speech against homosexuals - being banned? What if certain radical Muslims are so pained by a teddy bear being named Muhammed that they want to kill the owner of the teddy bear?

Hate-speech laws rely on unquantifiable and empirically unverifiable emotional pain. The argument behind these laws is that more pain is caused than pleasure, and that economics demands that the hate-speech be prohibited. But who can measure pain and pleasure? And if the Westboro Baptist Church has staged 40,000 anti-homosexual rallies, and if the radical Muslims are willing to kill over a teddy bear, maybe these groups actually suffer more pain than the homosexuals and infidels do!

And what if I'm personally pained by anyone who denies the Sinaicity of the Torah? Should Biblical Criticism be deemed a hate crime? After all, it offends ever fiber of my being, undermining my entire religion! And are not KKK members profoundly pained by any citation of the Talmud? Perhaps a Jews' citing the Talmud is a hate crime!

The author of this article proposes something simple: let everyone say what he wants, and let everyone else respond as he will. If the KKK criticizes the Talmud, I can criticize the KKK.


--------------------------------------------------------------------------------------------------------------------

And now for something completely unrelated...

Rep. Dick Armey Calls for Ethnic Cleansing of Palestinians


Counterpunch: Rep. Dick Armey Calls for Ethnic Cleansing of Palestinians:
Last night on MSNBC's highly-rated program Hardball, House Republican Majority Leader Dick Armey ( R-TX) called for the ethnic cleansing of Palestinians from the occupied territories and endorsed Israel's conquests of those lands.

(This is from CNBC May 1, 2002)

To quote Armey himself:
There obviously will never be a peace. The goal is no Jews between them and the sea...

I'm perfectly content to have a Palestinian state. I am not content to give up any part of Israel for that purpose of that Palestinian state.

...

I'm content to have Israel grab the entire West Bank. I'm also content to have the Palestinians have a homeland and even for that to be somewhere near Israel, but I'm not content to see Israel give up land for the purpose of peace to the Palestinians who will not accept it and would not honor it.

...

There are many Arab nations that have many hundreds of thousands of acres of land and--and soil and property and opportunity to create a Palestinian state.

...

Most of the people who now populate Israel were transported from all over the world to that land and they made it their home. The Palestinians can do the same, and we're per--perfectly content to work with the Palestinians in doing that. We are not willing to sacrifice Israel for the notion of a Palestinian homeland.

...

I happened to believe that the Palestinians should leave.

...

I am content to have Israel occupy that land that it now occupies and to have those people who have been aggressors against Israel retired to some other arena, and I would be happy to have them make a home. I would be happy to have all of these Arab nations that have been so hell bent to drive Israel out of the Middle East to get together, find some land and make a home for the Palestinians. I think it can be done.

On MO Granting Hegemony to the Haredim

Something I've been thinking about recently is how ridiculous it is that Modern Orthodoxy implicitly grants hegemony to the Haredim. That is: if we assume that the Haredim authentically represent prewar Eastern European Ashkenazi Judaism (a doubtful assumption which Professor Menachem Friedman explicitly says is false, but let us for a moment assume the assumption is true), and if we establish Eastern European Ashkenazi Judaism as our baseline default model for Orthodoxy, then the transitive property of mathematics naturally results in Haredi Judaism being our standard for Orthodoxy.

Thus, if we formally grant hegemony to Brisk/Volozhin and the like, then of course the average Modern Orthodox youth will don a black hat. For what does he see? He sees foremost recognition being given to Eastern Europe, and yet he sees the Modern Orthodox adapt and modify this Eastern European Judaism to modernity (despite that Judaism's rejection of Mendelssohn and Torah im Derekh Eretz, even if that rejection is at times a polite and respectful and deferential oqimta - hora'at sha'ah). By contrast, he sees Haredim (claim to be) keep(ing) this Eastern European Judaism unadulterated and unmodified. Think about those Conservative youth who attend Camp Ramah, learn true Conservative theology, and so become Modern Orthodox; likewise, those Modern Orthodox youth who take Modern Orthodoxy's claims to their logical conclusions will of course become Haredi.

Obviously, some Modern Orthodox youth are more discerning, and are able to engage in historical contextualization, and can separate the wheat from the chaff. But most are not so capable, and so they must either be kept so profoundly and terrifically ignorant that they don't even realize Modern Orthodoxy's apparent internal contradictions, blithely going about their lives in astounding Jewish ignorance, or they become Haredi. That is to say, there are three options, depending on the learnedness of the given MO youth: the most profoundly and abysmally ignorant will remain MO (or become Reform) because he is so ignorant that he cannot even discern the superficial contradictions of MO; the most learned will remain MO because he can see past the superficial contradictions by engaging in historical contextualization and borer; the middle MO youth, the average, is learned enough to perceive the apparent superficial contradictions (unlike the ignorant MO), but not learned enough to overcome them (unlike the learned MO).

I see a two realistic solutions in sight: the first is to more rigorously educate MO youth in history, to teach them, for example, the works and thought of Professors Haym Soloveitchik and Menachem Friedman and Michael Silber, etc., to teach them on purely historical grounds why Haredism is inauthentic. That is, if the average MO youth cannot engage in historical contextualization, then we must catalyze this process and teach them explicitly and rigorously to so contextualize. And of course, there are other works that would be profitable as well. For example, Rabbi Hirsch's essay "Jewish Communal Life", compared to Haredi Daas Torah, reads like it was written by John Locke.

More importantly, I think we ought to shift the entire locus of Modern Orthodoxy. Why on earth are we granting hegemony to Eastern Europe in the first place? Let us instead learn of the thought (halakhic and philosophical), practice, and customs of those who have been engaged with modernity since time immemorial. I speak, of course, of the Judeo-Spanish Sephardim. The Ottoman Sephardim, while they lacked practical application for their weltanschauung, nevertheless retained the ethos of Spain, and thus we find that at soon as they reencountered modernity, they came right back into their own. Thus, Rabbi Haim David Halevi could rule that one is permitted to study for an exam on Shabbat, because the secular knowledge gained is intrinsically beneficial here and now, irrespective of any hakhana for the coming week. And whereas the centrist and hardline Hungarian rabbis (Rabbis Moshe Schick and Hillel Lichtenstein respectively) were vociferously opposed to Rabbi Esriel Hildesheimer's proposal of a new rabbinical seminary, we find that the Jews of Rhodes and Sarajevo founded new seminaries - with secular university-type learning even! - without any controversy whatsoever! (See Rabbi Marc Angel's The Jews of Rhodes and Hakham Solomon Gaon's "Sarajevo as I Knew It" in Tradition.) And the Western Sephardim, being located in maritime locations (England, Holland, Italy, Bordeaux, Bayonne, Trieste, etc.), were favorably situated in places that either escaped the Dark Ages or quickly recovered as early as the 16th century, long before the German haskalah. Shadal could sit comfortably and not mind the controversy between Rav Hirsch and Frankel, nor need ask according to whom he might have been a heretic.

And of course, given Rav Hirsch's influences and mode of thought, he could be considered a Judeo-Spanish Sephardi for our purposes. Whether one stands or sits while donning tefillin or whether one eats qitniot is all utterly irrelevant; we are concerned with weltanschauung. By contrast, Rabbi Ovadia Yosef would seem to have the minhagim of a Sephardi and the weltanschauung of a Haredi Ashkenazi. I'm not advocating adopting Sephardi minhagim - except for qitniot; after all, there is no such thing as "minhag avot", but there is only minhag ha-maqom; if a Sephardi in America may eat qitniot, then ipso facto, so may an Ashkenazi. Rather, I'm simply advocating that MO adopt the Sephardi ethos and learning, even if it retains Ashkenazi minhagim. This would, again, be rather like Rav Hirsch.

If we were to teach our children the history of Haredism, and even better, if we were to relocate our entire frame of reference, then whatever the Haredim would say to us would as relevant as whatever the Reformers say to us. It is high time we say "enough" and have the dignity to stand up for ourselves.

Monday, November 16, 2009

Conversion of the Non-observant: Mimeticism and Textualism

Much has been written about permissive rabbinic opinions which justify the conversion of the non-observant. Most of these discussions center around Rabbi Uziel, and interpretations of the Gemara and the rishonim. I do not wish to enter this territory of textual interpretation of the halakhic literature in and of itself, to determine what it says in and of itself, taken objectively and dispassionately. I list sources for such discussions here.

Rather, I wish to remove myself from the literature taken in and of itself, and argue based on a different tack. Those who believe (like e.g. Rabbis Yitzhak Shmelkes and Avraham Sherman) the Gemara and rishonim rule out conversion of the non-observant, they often fail to grapple with actual real live Rabbinic decisions (responsa, shu"tim) which take a more lenient approach than they do. Even if these lenient authorities have misread the Gemara and rishonim, nevertheless, they are real live rabbis with real live traditions and mesorot. This fact cannot be ignored.

First, Rabbi Uziel is far from the only figure to hold his position that the non-observant can be converted. Professor Marc Shapiro on the Seforim Blog, has (here), as is his Rav Ovadia Yosef-ian manner, brought forth a slew of rabbis I've personally never heard of (but which he claims are prominent and well-known), all evincing the Rabbi Uziel-ian position.

And see the Jewish Ideas and Ideals excerpt of Professors Zohar and Sagi (www.jewishideas.org/responsa/halakhic-conversion-of-nonreligious-candidates), in which Rabbis Uziel, Raphael Aaron ben Shimon of Cairo, and Moshe ha-Kohen of Jerba (and later Teveria) all say that qabalat mitzvot is satisfied if the convert accepts the punishments of the beit din, even without a promise to be observant. These rabbis either define "kabbalat ha-mitzvot" to be simply an acceptance of the beit din's jurisdiction, and/or they are content to warn the convert about the mitzvot and halakhot, and extract a promise from the convert, but without being overly meticulous whether the convert is being ingenuous and sincere.

I am not learned in this subject, but I read a teshuva of Rabbi D. Z. Hoffman's (Y.D. 83) in which he basically said that since the gentile man in question has already married (civil marriage) the Jewish woman in question (and so they could have just continued living together anyway), therefore, if the two come to the beit din to be converted, it is clear that they have some spiritual motive in mind, thereby permitting their conversion. Now - and this is me, not Rabbi Hoffman talking now - one could say that this logic does not apply today, since someone today might convert in order to move to Israel for purely material motives, with no spiritual motives at all whatsoever. But even so, we must realize that Rabbi Hoffman's "spiritual motive" is far from a full-blown acceptance of observance! The closest Rabbi Hoffman comes to demanding actual observance is in the very end of the teshuva, almost as an afterthought, when he says that in any case, the beit din should warn the couple about the importance of Jewish law, and extract an oath from the gentile man. But Rabbi Hoffman says this almost as an afterthought, and he never mentions investigating the gentile man's oath, or investigating the gentile man's observance after his conversion, etc. It seems he is happy to receive a promise from the gentile and let it be that. And keep in mind that this is 19th century Germany; if there was ever a time to doubt someone's promise to be observant, this was it! Rabbi Hoffman never explicitly mentions whether she is observant or not, but presumably she is not, because (1) if she were, there'd be no need for a responsum, and (2) this was 19th century Germany, so in case of doubt, assume the person is not observant! Rabbi Hoffman, dealing with the case of a non-Jew marrying a Jew, seems to believe that coming to the Orthodox beit din is sufficient qabalat mitzvot to warrant a conversion.

Update: Menachem Mendel just sent me Shmuel Shilo, "Halakhic Leniency in Modern Responsa Regarding Conversion", Israel Law Review, vol. 22 no. 3, 1988. It will take me some time to digest this article and incorporate its findings into my writing. But suffice it to say for now, based on my skimming it cursorily: Professor Shilo adduces many individual rabbis who were willing to convert the non-observant. Actually, it seems that all of these rabbis were not troubled at all by the convert's non-observance. What concerned them more was the procedural details incumbent on the beit din. To use the terminology of Rabbi Michael Broyde ("Review Essay: Transforming Identity by Avi Sagi and Zvi Zohar", by Michael J. Broyde and Shmuel Kadosh, Tradition 42:1), these judges were concerned not with the convert's shemirat ha-mitzvot (the convert's keeping the mitzvot after the conversion), but rather, what concerned them was the beit din's hoda'at ha-mitzvot (informing the convert of the mitzvot) and the convert's kabbalat ha-mitzvot (which Rabbi Broyde defines as the convert's verbal acceptance of the mitzvot, not to be confused with shemirat ha-mitzvot). In other words: these rabbis had very little problem with the convert's non-observance per se. What concerned them was how the beit din was to conduct itself. The question is more about the operation of a beit din than it is about convert him- or herself.

Many opposed to conversion of the non-observant have cited Rabbi Broyde's article (ibid.), believing that it upheld the view that conversion of the non-observant is not possible. I have spoken to a few rabbis and professors and talmidei hakhamim about Rabbi Broyde's article, and they all believed that he was arguing that conversion of the non-observant was not possible. I was not able to get in touch with Rabbi Broyde hiimself, but in my conversion with a personal associate and colleague of his (who wishes to remain anonymous), it seems that I (as well as everyone else I've talked to about his article) has (have) fundamentally misunderstood his thesis. Rabbi Broyde was not arguing that conversions of non-observant candidates are invalid. That is, he was not being a Rabbi Sherman-ian and advocating annulment of the conversions of those who are not observant. Rabbi Broyde uses the terms (1) hoda'at ha-mitzvot, (2) kabbalat ha-mitzvot, and (3) shemirat ha-mitzvot as I have defined them, and in turns out that contrary to everyone (that I know)'s interpretation that he was arguing about #3, in truth, he was only arguing about #2. Obviously, everyone agrees that #1 is necessary, and Rabbi Broyde says he agrees that conversion without #3 is possible (whether #3 is desirable and justifiable is a different issue; we are only talking feasible and possible). So his entire debate is about #2. That is, how much must the convert promise? But, for example, says Rabbi Broyde in his article, according to many, an insincere promise is also valid for conversion. So Rabbi Broyde's article is discussing #2, the procedural conduct of the beit din, and not #3, concerning the convert himself and his observance (or lack thereof).

Rabbi Yehuda Herzl Henkin's "On the Psak Concerning Israeli Conversions", Hakira volume 7, also distinguishes between the convert him- or herself and the beit din's procedural details. He discusses those authorities who say that conversion of the non-observant is valid, and then he goes onto a separate discussion of what kinds of promises the beit din must extract from the convert. Again, the convert's non-observance (lack of shemirat ha-mitzvot) is entirely separate from the beit din's hoda'at ha-mitzvot and the convert's kabbalat ha-mitzvot.

So now, to return to our main subject, that school of thought and tradition which allows the conversion of the non-observant (at least after the fact)...

So those who interpret the Gemara and rishonim to preclude the possibility of the conversion of the non-observant: let us suppose that every textual inference they make is correct (as I said, I will not question them on textual grounds). Let us further suppose that every textual inference made by Rabbi Yitzhak Shmelkes and those of his school is correct. Nevertheless, does this not scream of "The Lost Kiddush Cup" (Professor Menachem Friedman)? Perhaps the Noda bi-Yehuda is even correct, but as Rabbi Hayyim Palache responded, it is enough for us to keep by what our ancestors did. As the Meiri said, he who comes to institute a new humra should question himself. As the Mitnagdim said to the Hasidim regarding shekhita, "What is wrong with what our ancestors did?". (For all these, see here.)

I believe their approach evinces the shift from mimeticism to textualism studied by Professor Haym Soloveitchik (here). Let me give forth my own view: new humrot, new stringencies, new halakhic discoveries are fantastic, provided they help people! For example, if one is troubled by the law against eating fish and meat together, considering it to be a violation of reason (I consider the intellect to be no less important than the body, and it makes no difference against which the inconvenience is), then Rabbi Avraham ben ha-Rambam's ruling (as well as that of Magen Avraham, if I'm not mistaken?), following Rambam, that the prohibition against fish and meat being an outdated and false piece of medical advice (and therefore no longer obligatory) is a boon. But when what is traditional is most helpful, then what need have we for new innovations? The kiddush cup of our ancestors is fantastic, and so is eating 1/3 to 1/2 of a matzah in five minutes or so; what need have we to double our cups and eat 2 sheets of matzah in 2 minutes?

I am troubled by their elitist textual approach, because even if every single one of their inferences from the literature is correct, they are exhibiting that very pernicious and lamentable shift from mimeticism to textualism. If it was enough for Rabbis Uziel and Hoffman and countless others (see Shapiro above) to convert without demanding observance, then who are we to question them?

This is especially because their opinion is exactly what is needed in Israel today (both "Medinat" and "Am"). Rabbi Akiva Yosef Schlesinger advocated that Austritt include not only an institutional sucession - with this Rabbi Hirsch agreed - but even a socioreligious succession; let the Reformers be buried in the cemeteries of the gentiles they love so much, and let us do nothing for kiruv! (Professor Michael Silber, "The Emergence of Ultra-Orthodoxy: The Invention of a Tradition", in The Uses of Tradition.) But is this really what we need? People keep saying that we need giyur l'humra, the strictest standard. I rather think that we need the most lenient standard, giyur l'kula. When so many people reject Orthodoxy because Orthodoxy's doors are shut before them, does it not behoove us to open as many doors as the halakhic literature permits?

Think about it: because of this conversion scandal, we are coming ever closer to having Reform and Conservative conversions recognized in Israel, having the Rabbinut's monopoly on marriage and divorce rescinded, etc. What sense does it make to take a principled stand on giyur l'humra, and watch everything else crumble? Does it not make far more sense to have the most leniet conversion standard permitted by halakhah, and thereby endear ourselves to the non-observant, and thereby retain the Orthodox monopoly in Israel? Rabbi Yitzhak Herzog, despite his view on conversion, held it proper to equalize men and women in matters of inheritance, so that the technical law would be halakhic (even if an unorthodox halakhic one, lower-case "o" on "unorthodox"), thereby maintaining the technically halakhic nature of inheritance. The Ashkenazim all balked, and so what do we have? Inheritance in Israel is in the hands of the civil courts. (See here.) What a wonderful accomplishment! We keep a hard-line halakhic standard, and thus, nobody in Israel keeps halakhah! Would it not have been preferable to keep to a lenient halakhic standard, so that everyone in Israel would at least be keeping something?

And these strict textualists: I wonder, have they actually spoken to someone with a Jewish father and non-Jewish mother? Do they know what it is like to identify with the Jewish people, to wholeheartedly see every fiber of your being as Jewish, and then to have the door to Israel shut in your face? When I read Rabbi Dr. Eliezer Berkovits's article on this subject (see Crisis and Faith and Essential Essays on Judaism, and see here), I see nothing remarkable in his ardent and passionate feelings of ahavat yisrael and the unity of am yisrael. His sentiments to me seen perfectly unordinary; I cannot imagine anyone with a heart feeling differently than him. (Of course, I've learned in Rabbi Kook yeshivot, so such ahavat yisrael is par and de rigeur for me. However, Rabbi Kook's view on giyur of course concerns us not here.)

My mother had a Conservative conversion, and has been growing in her halakhic observance, but still, no one will consent to convert her. She has said to me that she doesn't care whether or not G-d will be satisfied with her halakhic observance; Gan Eden or Gehinom, she wants to be Jewish, and if she dies without having had an Orthodox conversion, then life will have been nothing to her. If she's not Jewish in G-d's eyes, she said to me, then she has nothing. If she's not a part of the Jewish people, then she has no one.

When I was preparing for my own Orthodox conversion, people would ask me, "why?"; given my mother's lack of Orthodox credentials, why didn't I just retain my non-Jewishness and have a grand life? I always answered in much the same way my mother did: I'd rather have an Orthodox conversion and die immediately than to live a full life as a non-Jew. The Jewish people are my people, and if I'm not one of them, then I have no one. I've tried to imagine, for example, marrying a non-Jew. I cannot even conceive of it. Not because there is anything wrong with gentiles - G-d forbid!; Rav Meir Kahane used to say that if anyone refuses to intermarry for anything but purely religious reasons, then one is a racist. Rather, I cannot contemplate how I'd choose a mate, what my standards would be, if she wasn't Jewish. Every time I think I what I want in marriage, how I want to raise my children, invariably, Judaism is at the center. People ask me where I want to live, and I answer that it depends on which Jewish day school I send my children to. Do not take this lightly: everything I've said has nothing, absolutely nothing, to do with Judaism making me happy. I highly identify with Rabbi Soloveitchik's view that Judaism is anything but an opiate; better to be a skeptical rationalist than to be a romantic who bases religion on his own inner emotional desires, says Rabbi Soloveitchik. (See Rabbi Emanuel Rackman, "Orthodox Judaism Moves with the Times: The Creativity of Tradition", Commentary, June 1952.) I can honestly say that I was far happier before I became observant. Before then, I was getting perfect grades in chemistry and computer science, I could have gone to Rochester Institute of Technology, lived a grand life in America, carefree and easy. Now, instead, I've limited myself to 0.25% of the world's women, I have to learn a new language in Israel, and I have an entire new field of knowledge (Torah) to become competent in. Not to mention how depressing all the news about the Orthodox in the media, how the Orthodox are distorting Judaism, driving a knife into my heart every time! Believe you me, Judaism has not made me happier. But if I were to try to stop being Jewish, I'd have fire within my bones, and I cannot keep it within. (See here.)

And these sentiments, give or take, are not peculiar to me. I have a friend that only her father is Jewish, and she has expressed profound dismay at the fact that Israel will not accept her. She works for a Jewish organization for crying out loud, editing articles of Jewish interest! She could have gotten a job in journalism anywhere, but she chose a Jewish organization with no prestige! Every time she goes into an Orthodox venue, everyone scorns her, and it hurts her every time profoundly, but what does she do? She keeps working for this Jewish magazine! See her own words here.

I have another friend that he left a six-figure paying job in America to come to Israel and become Jewish, and then the beit din in Israel told him that he was coming to Israel only for material motives, and they denied him a conversion. He is living in Israel, married to a Jewish woman (he got a private non-recognized conversion), but he is not allowed to work in Israel. This man was a skilled medic for the United States Army, and Israel refuses to let him work in a hospital in Israel because they think he came to Israel only for material motives!

I ask those strict textualists: does any of this make sense? Are these the kinds of people who want to exclude from the Jewish people by consciously utilizing stringent shitot and eschewing the lenient ones that exist?

What is wrong with what our ancestors did? Does it make sense for us to be more stringent than they were? Perhaps the strict textualists' inferences are all correct. But is it not sufficient for us to rely on Rabbis Uziel and Hoffman and others, especially when their halakhic shita is precisely that which is needed to redeem Orthodoxy and the Jewish people alike? Why should we shoot ourselves in the foot and create new stringencies that only hurt our cause? Should we really aspire to the untraditional and even anti-traditional non-mimetic textualism studied by Professor Soloveitchik, even when it is to our own detriment? Are we masochists?

Throughout the course of their strict-constructionist elite textual approach, they never once seem to grapple with the fact that actual real rabbis disagreed with them. They make all of their textual derivations, but they never seem to take serious cognizance of the fact that prominent gedolei ha-dorot disagreed with them; they never openly and transparently discuss the fact that their interpretation is a stringency beyond what traditional rabbis of previous years demanded. This is highly suspect in my eyes and not a little haughty.

Sunday, November 15, 2009

One Man's Search for a Secretary

My Facebook status:
Michael Makovi was thinking he needed a secretary, but then he realized that really, all he was missing was a geographically-nearby mother who kept track of all the things he needed to do (get a PIN for his credit card, schedule a dentist's and doctor's appointment, give blood, etc.). So maybe instead of a secretary, he just needs a wife? :P


Lilit Marcus's response:
"When men say they want a secretary, what they really want is a cross between a mother and a waitress." - Joan Holloway, "Mad Men"

Is it at all to my credit that I independently realized that aphorism (of Holloway's) truth? That is, diagnosis is half the cure! :P

Thursday, November 12, 2009

Jewish History and the Arab-Israeli Conflict

Shimshonit, discussing the Arab-Israeli conflict, says, inter alia (On bleeding hearts),
Then I set out to learn the facts. In reading books about the history and background of the conflict by many different authors (journalists, diplomats, popular writers), I realized that the conflict is much more complicated than newspaper stories, radio and television segments make it out to be. And those newspapers and other media outlets are often limited in their access to the events and facts, rely on not-always-reliable witnesses, don’t always check their facts carefully, and are naturally limited by deadlines and the ignorance and prejudices of their reporters. In other words, those sources often present half-truths and cockeyed stories to the public, and don’t always print their retractions on the front page.

To gather the facts takes time, and many people find themselves pressed for time these days. Nonetheless, if one feels strongly enough about a subject, one should do it the justice it merits to find out all they can about the history of the conflict or region, and weigh different perspectives in figuring out where their sympathies lie. If I were sitting in my comfortable chair on the other side of the world from where the events are happening, I would make damned sure I’d done my homework before I started leaving comments on people’s blogs, defending a people about whom I know nothing against people about whom I know even less.
She then proceeds to offer a reading list for the history of the Arab-Israeli conflict; see there.

But on a more humorous note, I'd like to post here a comment of mine from there, responding to another of the commentators ("Eli") there. This comment of mine illustrates an unexpected way that knowledge of Jewish history can enlighten us on the Arab-Israeli conflict. Shimshonit was referring to works on that conflict per se, but my comment shows that Jewish history in general can be equally illustrative. Inter alia, I note (here),
You [viz. the other commentator, "Eli"] say, "Israeli settlements are illegal under international law. Got it?". No, I don’t get it. According to international law, any territory seized in a defensive war belongs to the conqueror. According to international law, the West Bank is Israel’s. It is only antinomian Western double-standards that impugn Israel’s legal claim. I’m tempted to make some sort of reference to mysticism (I just read a lengthy summary of the Shabetai Tzvi messianic movement), but I’ll refrain.

Suffice it to say, my mother has noted that the nomenclature for the West Bank has changed over the years from "disputed territories" to "occupied territories", with absolutely no change in anything geopolitical on the ground in the meantime. As Orwell so ably shows us in Nineteen-Eighty-Four, language is powerful, and so the world has changed the name of the West Bank, even though nothing has changed in reality, thereby changing people’s attitudes. As long as the West Bank was "disputed", people were willing to openly discuss Israel’s settlements there, but now that the West Bank is "occupied", it’s simply not open to discussion anymore. The world has decided – like the Ultra-Orthodox rabbis possessing the power of apodictic ex cathedra rulings and papal infallibility ("Daas Torah") – that the West Bank has changed from "disputed" to "occupied", and the world has forbidden the use of rational cognitive faculties or historical data to play a role in the discussion.
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