I believe it is unfair to claim that Jews of the Diaspora have developed an obsession for the Kotel, the Western Wall, as Peter Joseph stated in his article in The Forward. Love of the Kotel has been a carefully cultivated interest and passion fostered by Jewish leaders for centuries in order to keep our people connected with the only remaining remnant of the structure that surrounded the hill on which the Holy Temple stood in ancient times. Prior to the founding of the Modern State of Israel, the Kotel was known as the Wailing Wall. After the Wall became part of Israel during the Six Day War, its name was intentionally changed to Western Wall in order to continue to inculcate the strong connection to the Wall among Jews both in Israel and in the Diaspora.
Even today, the Kotel is precious to millions of Israeli Jews, in particular, those who embrace an Orthodox Zionist or Haredi lifestyle. Tragically, many such Jews not only love the Kotel and visit often, but they also viciously harass Women of the Wall and Reform, Conservative and other Jews who visit the Kotel to pray and connect each in their own way. See, for example, the school girls who blocked a busload of Women of the Wall worshipers while flipping them the bird on Rosh Hodesh Shevat. (http://mailchi.mp/womenofthewall/women-of-the-wall3-2689098?e=d504ecbfb3)
I believe Joseph is right that there is also a preponderance of Israelis who do not care about the Kotel and it is also true that these tend to be the very Israelis who are struggling with not being able to marry in their own homeland. I believe, however, that the problem is one of perception and not reality. Modern non-Orthodox Israelis have lost the connection that previous generations had with the Kotel because the Kotel no longer provides a venue where children and teens can visit during school-based field trips because secular educators feel uncomfortable bringing their classes to a place where boys and girls must gather separately and everyone must cover up in ways that are foreign to them. Not only do school children miss the age-old opportunity to visit the Kotel, but non-Orthodox families visiting Jerusalem also tend to avoid the Kotel because they also do not feel safe in a gender-separated environment where their clothing and lifestyle are shunned.
Were the Kotel compromise to have been implemented, there could be a new atmosphere fostered by a single unified entrance and signs that tout both gender separation
If you add to that the dislike that many feel for Israel’s right-wing/religious coalition government, one can see why many Reform Jews in North America and elsewhere are lukewarm about the Jewish State. That having been said, the High Holy days are approaching and it is time to put the record straight.
Reform Judaism in Israel is, by and large, an amazing success story. Thirty years ago there were only a handful of congregations and not one single purpose built Reform synagogue anywhere in Israel apart from at Leo Baeck in Haifa and HUC in Jerusalem. We were viewed as an American outpost, whose supporters were almost entirely from English speaking countries. There were maybe two or three couples a year who dared have a Reform rabbi officiate at their wedding.
Fast forward thirty years. There are some 50 Reform congregations across the country. Religious pluralism is part of the landscape much to the dislike of the charedim. Many Reform synagogues are being built on public land. The Reform Movement runs a national conversion programme reaching out to over 200 gerim per year. Their conversions are recognized by the State of Israel for registration purposes. We are inundated by couples wishing us to officiate at their weddings. These requests, and indeed all of the Bar Mitzvah ceremonies at which we officiate, come from so-called “secular” Israelis disgusted by the religious establishment and looking for a liberal Jewish alternative.
Of course, many people don’t like Bibi. (I know one or two people who aren’t that happy with Donald Trump either!) However, that doesn’t stop us from loving our country and working for a better tomorrow.
I hope many of you will feel that this is a message that you can share with others.
A recent detailed interview with Rabbi Shlomo Riskin appeared in the original Hebrew in Makor Rishon earlier this month, with select paragraphs translated into English below.
“If I could ask God one thing, I would ask: How is it possible that the Talmud is the most pluralistic piece of literature, but those who study it are the most narrow minded?” says Rabbi Shlomo Riskin. “It’s a shame, and it destroys and distorts the halakhah. Without adhering to halakhah [the Jewish people] cannot hold out, but in my opinion the greatest praise [due to] the Torah is that it is not singular. Our halakhah is pluralistic. The Chief Rabbis of the past understood this as well. Chief Rabbis Herzog and Goren did brave things when necessary. That’s how halakhah has always been, and that what we teach our students.”
“You’re opening a Pandora’s box,” says Rabbi Riskin when I ask him whether he believes that this chain of events proves that religion and the state must be separated. “I will say this in the clearest possible way: “When there is a Chief Rabbinate that is exclusivist, and it is not willing to accept rabbinical courts that rule such and such, within the framework of halachah, this is a problem. I certainly would not want to see conversions that are not halakhic. The aspiration is for every Jew in Israel to be able to marry any other Jew in the country, and for that purpose we must give [state recognized] power to conversion projects. We do not want a society in which there are Israelis who are ‘good Jews’ and Israelis who are not properly Jewish. Unfortunately this is what will happen if they [continue to] limit opportunities for conversion. And that would be a shame, a pity, a shame. So I think separation would be better. And I say this in tears.”
If the rabbinate recognizes Halakha in a singular, closed, or even [exclusively] ultra-Orthodox way, is it necessary to separate religion from state?
“I say it with tears, but yes.”
On the other hand, you can probably understand the concern regarding private courts for conversion. After all, there is no uniformity in case law, and there is no control over the entrance gate to the people of Israel.
“But there was never uniformity or control, and in the past they understood that there was a need for a House of Hillel and a House of Shammai, and ‘these and those are the words of the living God.’
Rabbi Michael Chernick
The ongoing existence of agunot in the aftermath of World War I and the inadequate responses of modern rabbinical authorities to the unjust and painful situation of these women were critical factors that impelled Rabbi Mordecai M. Kaplan to move beyond a halakhic system and begin to articulate a Reconstructionist approach to Judaism. In his 1936 essay “The Status of Woman in Jewish Law,” Kaplan analyzed ways that halakhah mandates women to second-class status, most especially around marriage (“it is in the marriage relationship chiefly, where the woman’s inferior status is fraught with tragic consequences to her”) and divorce (“the woman experiences the worst effects of her status when she can no longer continue to live with her husband”). After assessing contemporaneous efforts to resolve this problem as either regressive or ineffective, Kaplan concluded that halakhah was an insufficient medium of repair and declared: “[S]ocial justice, rather than immutable precedent, must govern the civic life of Jewry and underlie…juridical institutions…”
More than 80 years later, contemporary Reconstructionist practice builds on Kaplan’s original analysis and falls squarely within the feminist critique articulated by Rabbi Chernick, which points to why for most Reconstructionists his solution feels ultimately inadequate. In a post-halakhic approach, Jewish divorce becomes an opportunity to enact ritual in the service of the spiritual and emotional transition of the people involved. The focus becomes meaning seeking rather law observance.
The problem of agunot is eliminated by empowering women as actors within this ritual, preferably in an egalitarian procedure where both partners divorce each other rather than investing all power in one individual (historically and halakhically, the man in a heterosexual relationship). In the instance when a man refuses to give a woman a get, she is then empowered to initiate on her own (and vice versa—post-halakhic Judaism has also created the possibility of agunim and must accommodate same-sex Jewish marriages). Since single-initiated divorce can be disempowering to the person who does not agree, the Reconstructionist movement has also created a ritual of release from relationship to accompany civil divorce—not identical
After decades in which soldiers could only be laid to rest in Orthodox religious ceremonies, the IDF now allows soldiers or their next of kin to choose whether to have a religious or secular service and whether to be buried in a military cemetery or a regular one.
The IDF has changed its orders allowing families of fallen soldiers to determine whether to have a religious or civil funeral, the NGO Hiddush said Sunday.
For decades, the military order dictated that soldiers would be laid to rest in an Orthodox religious ceremony, led by a military rabbi and in accordance with Jewish law.
Hiddush, which fights for religious freedom and equality, has been waging a long legal battle against the IDF on this issue. It petitioned the High Court of Justice against the order and even held talks on the matter with the Defense Ministry’s previous legal adviser, Ahaz Ben-Ari.
Read more: CLICK HERE
Criticism of the Israeli Chief Rabbinate is nothing new. It has often been voiced in the RRFEI newsletter and resources, as well as in Hiddush’s materials. It covers a myriad of issues, which in recent years include its delegitimization of Modern Orthodox attempts at addressing the Rabbinate’s failures in the areas of conversion and kashrut certification.
Developments in the last few days regarding the Kotel controversy bring me to focus again on the Chief Rabbinate, pointing to the fact that the institution itself stands in sheer conflict with the notions of democracy and the rule of law in Israel, as well as the realities and interests of the Jewish people worldwide. A lengthy document presented by the Chief Rabbinate this week manifests a real threat to the State of Israel and the Jewish people, which is frequently underestimated and misunderstood by both Israelis and Diaspora Jewish leadership.
For the benefit of RRFEI members, the original 13 page document submitted by Chief Rabbi Lau’s team, in Hebrew, can be download HERE. The document is intended for public consumption and was presented at a Knesset hearing. It is presents the Chief Rabbinate’s position on the pending Supreme Court case regarding the Kotel and the demand that the Rabbinate be allowed independent representation before the Supreme Court, rather than be represented by the Israeli AG who represents all agencies of the state.
In assessing the threat emanating from the Chief Rabbinate, beyond its attempt to dictate norms of worship for all Jews at national sites like the Kotel, one should only look at the Rabbinate’s recent initiative to establish a global ‘Jewish lineage’ database (already in motion, funded by the State of Israel) and Chief Rabbi Yosef’s public lashing out at Rabbi Dweck in London, who dared to present the complexity of Orthodox attitudes towards homosexuality and the need for sensitivity and embracing of homosexuals. Chief Rabbi Yosef came out with a public pronouncement, declaring that he is “amazed and angry at the words of nonsense and heresy that were said about the foundations of our faith in our Torah.”
The selection of quotes below from the Rabbinate’s lengthy document will illustrate the wide chasm between its views and those associated with a democratic society. I dare say that no RRFEI members would tolerate the mindset and demands of the Rabbinate, if they were made in the USA or elsewhere. As you
Rabbi Michael Chernick
In its discussion of divorce in Deuteronomy 24:1-2 the Torah frames the entire procedure in the masculine form. The Sages of the Mishnaic and Talmudic period understood this to mean that the right of divorce was the husband’s and not the wife’s. Further, in the formative period of Jewish law, a husband divorced his wife at his discretion, but she could be divorced against her will (Mishnah Yebamot 14:1). In the eleventh century a takkanah ascribed to Rabbenu Gershom of Mainz prevented women from being divorced against their will. Nevertheless, the husband’s agreement to divorce was still a sine qua non for the get to be legal.
Nevertheless, the problem of what I will call get-agunah, a woman being “chained” to a dead marriage for lack of a halakhic divorce, was not a practical problem. The Sages of the Talmudic period recognizing the inequities inherent in Jewish divorce law developed two strategies for coping with divorces on a whim and recalcitrance. Divorces on a whim were impeded by the creation of the ketubah which put a high price on divorce for the husband. When it came to recalcitrance, the Sages handled it by allowing the courts to coerce the husband, physically if necessary, until he said, “I wish to divorce my wife.” Despite the fact that this was not a freely willed decision, which was a required for a legal divorce, for the Sages the mere statement of “I want to divorce my wife” was enough.
The need for the husband’s willingness to divorce is not the only complication for Jewish women. Though polygamy was outlawed among Ashkenazi Jews in the 10th century and subsequently by most Sephardic and Oriental Jewish communities, the basic law of Judaism, the Torah, allowed it. It did not, however, allow polyandry. The children of a man who sired children with a wife he married while halakhically married to another woman were perfectly “kosher” because his marriages to both women were legal. Children born to a woman without a get were the products of an adulterous relationship, which made them illegitimate mamzerim, prohibited by Torah law from marrying most other Jews.
None of this would be a problem if rabbinic courts in most modern nations had the power of coercion. But they don’t. Western nations, which separate Church and State, reserve that power to themselves. Due to
Rabbi Michael Chernick
Rabbi Michael Chernick, my colleague at Hebrew Union College-Jewish Institute of Religion, has offered a comprehensive and thorough summary of the issues surrounding the halakhic pre-nuptial agreement. I find in it absolutely nothing to critique and very little to add. I do, however, have three brief comments, which are based upon a recent entry in the blog of the Solomon B. Freehof Institute of Progressive Halakhah (http://blog.huc.edu/freehof/2016/02/29/the-halakhic-prenup-a-great-idea-mostly/).
1. Don’t Let the Perfect Be the Enemy of the Good. Even if it passes halakhic muster (and, as Rabbi Chernick notes, it has encountered strong opposition from the haredi rabbinical community), the halakhic prenup does not solve the agunah problem. A recalcitrant husband can still refuse to issue a get to his wife so long as he can either evade the jurisdiction of the beit din or is willing and able to bear the costs imposed upon him by the agreement. Even with the prenup, the morally outrageous problem of the “chained” wife still exists under Orthodox Jewish law; thus, were we to judge the agreement by its ability to solve that problem, we would have to call it a failure. Still, we should not ignore the possibility the agreement can bring relief to some, and perhaps many Jewish women. Pragmatism is not a bad thing, and on that basis the Jewish world ought to welcome the determination of centrist Orthodox rabbis to utilize this measure as a way of doing what good they can.
2. Don’t Stop Working for a Real Solution. Let us not lose sight of this fundamental reality: the very existence of the agunah problem is an intolerable stain upon the reputation of Jewish law for equity and justice. The prenup, which is certainly better than nothing, is, again, not a solution to the agunah problem, which exists because traditional Jewish law does not empower the wife to divorce her husband. Rabbi Chernick refers to a variety of actual halakhic solutions that have been suggested over the years. I call them “solutions” because they would effectively terminate a marriage in the event of get-recalcitrance, with no need to resort to financial or other pressure – which may or may not work – against the husband. If any sort of “pressure” is needed, it ought to be exerted upon the Orthodox rabbinical
Rabbi Michael Chernick
Rabbi Chernick has done a masterful job in describing the prenuptial agreement now in use in some segments of the Orthodox community, together with its strengths and weaknesses. To the extent that it has saved women from becoming agunot through the very threat of the husband being forced to pay a huge sum of money per day for refusing to give his wife a get, it is to be praised. In the United States, however, with a strong separation of religion and state, I wonder whether the civil courts will honor a prenuptial agreement of the parties to use the Orthodox court to settle their monetary disputes once they realize that what is involved is not only a monetary dispute but confirming a divorce in a religious act. New York courts in the 1970s varied widely as to how they
Rabbi Michael Chernick
As a new member of RRFEI, I am honoured by the opportunity to contribute to this learned discussion.
At first, I endorsed and used pre-nuptial agreements, seeing in them exactly what Rabbi Chernick sees. Over time, however, I became unsatisfied with this and the other options he lists. My concerns with seeing both pre-nuptials and civil marriage in Israel as solutions to the problem of divorce inequality and the agunah include: