In Hiddush’s last newsletter, we highlighted a number of aspects involving the current controversy over the Shabbat bill. What we would now like to share with you, our colleagues, is a more focused perspective on the religious debate and the conduct of religious politicians in this controversy. This will give you deeper insight as to how this controversy factors in the ongoing debate over religion and state. This account is not advocating that all stores be open on Shabbat. On the contrary, what Hiddush has been advocating for is a serious and responsible re-assessment of the social, economic, and legal aspects of Shabbat in the Jewish and democratic State. Only in this way can Israel establish a balance between these often conflicting values.
The Israeli public discourse and news bulletins were dominated by the updates and reports on the status of the Shabbat bill. Below, we are highlighting the views of the religious participants in the debate. This debate helps us understand the positions of the religious players in Israel’s religion-state debate.
It’s important to appreciate how heated the debates over this Shabbat bill were. There was a record setting filibuster effort on the part of the opposition, with extremely contentious and sensitive crisis points that brought out some of the most contentious issues – and some of the most objectionable initiatives – due to the pressure to deliver the adoption of the bill.
Minister Rabbi Deri (Leader of Shas) quoted Rabbi Ovadiah Yosef who supposedly ruled that one should rise from mourning one’s loved ones to vote. He even turned to MK Glick’s (Likud) rabbi in Otniel, asking if MK Glick could come in to vote on the bill, despite the death of his wife. On the one hand Deri tried to justify it, on the other hand he apologized for it. This bill created a mess of multiple dimensions, raising a number of questions, involving religion-state, halakha, nature of Shabbat – the incident with MK Glick was only one example.
MK Rabbi Israel Eichler (United Torah Judaism), speaking at the Committee of Internal Affairs in a key meeting held on Dec. 28, 2017, said the following: “Anyone who says that it is possible to observe Shabbat in multiple ways is like someone who says that you can maintain your diet and continue eating starches – don’t lie to yourselves.”
He then drew special attention to American Jewry: “we need to remember that most of American Jewry is assimilating, and
Rabbis for Religious Freedom and Equality in Israel has changed its name to Ruach Hiddush which stands for:
רבנים וחזנים למען חופש דת ושוויון
Ruach Hiddush was founded as a rabbinic organization in 2015. Beginning this week, we are also accepting cantors. Ruach Hiddush is a project of HIDDUSH, a nonprofit based in Israel and the U.S. Our membership roster is available at http://rrfei.org/about/members/.
Membership is free of charge and includes a weekly subscription. Every other week, we receive a Ruach Hiddush newsletter or other email. On alternate weeks, we receive the Hiddush newsletter.
Ruach Hiddush — Rabbis and Cantors for Religious Freedom and Equality in Israel — is a network of Rabbis and Cantors working to fully realize the promise of Israel’s Declaration of Independence, which guarantees religious freedom and equality. The fulfillment of this promise is vital for strengthening Israel as a Jewish and democratic state, and for maintaining the solidarity of world Jewry.
רוּ”חַ חִּדוּ”שׁ — רבנים וחזנים למען חופש דת ושוויון — היא ארגון של רבנים וחזנים הפועל למימוש מלא של הבטחת מגילת העצמאות לחופש דת ושוויון. מימוש הבטחה זו חיוני לחיזוק זהותה של מדינת ישראל כמדינה יהודית ודמוקרטית ולהמשך השותפות עם העם היהודי לתפוצותיו
The challenge of Jewish education and forging Jewish identity is dear and near to all of us. The challenge associated with these subjects in the modern era in an environment of an open society, which embraces Jews on the one hand – and in the State of Israel where only a minority defines itself as religious on the other hand – is self-evident. Both the Jewish community in the diaspora and in the State of Israel are seeking solutions and new avenues to address this exacerbating challenge. With that as the background, we felt the need to share with you the debate taking place in Israel – both in the formal educational arena, as well as in other arenas such as the Jewish identity educational programs taking place in the IDF.
The most recent symptomatic example of this debate, which reflects much of the drama and the emotions that play a role in it, can be seen in an interview given this week to Channel 10 (Israeli TV) by Naftali Bennett, Minister of Education and leader of the Jewish Home party. We highly recommend that you listen to the interview (Hebrew, starting at 10:30). Under Bennett’s leadership and inspiration, millions of Israeli government shekels are invested in funding activities of Orthodox religious NGOs that provide classes and programs in Jewish identity in secular public schools. These programs are often skewed and aimed at brainwashing, and the funding mechanism used by the government is fraught with questions and possibly with legal issues.
This phenomenon stimulates strong reactions from all directions. On the one hand, Bennett and his people flatly deny any intention of religious brainwashing. They minimize the severity of their initiatives (“what happened, so they’ll learn a bit of Judaism”). They accuse their critics of being driven by a will “to destroy Judaism” (this of course reminds us of ultra-Orthodox political leaders like MK Gafni who accuse the Supreme Court of being driven by a desire to destroy Judaism in the State of Israel via its rulings on matters of religious freedom & equality. Even more seriously – the efforts of Gafni, Bennett, and their allies to undermine the Supreme Court and limit and erode its authority). Bennett emphasizes the importance he attaches for every Jewish student to receive a rich and good Jewish education – “who Moshe Rabbeinu is, what Selichot are”.
Even though he also serves as Minister of Diaspora affairs, it is clear
The spirit of our people desires further development; it wants to absorb the basic elements of general culture which are reaching it from the outside world, to digest them and to make them a part of itself, as it has done before at various periods of its history. But the conditions of its life in exile are not suitable for such a task. In our time culture expresses itself everywhere through the form of the national spirit, and the stranger who would become part of culture must sink his individuality and become absorbed in the dominant environment. In exile, Judaism cannot, therefore, develop its individuality in its own way. When it leaves the ghetto walls, it is in danger of losing its essential being or – at very least – its national unity; it is in danger of being split up into as many kinds of Judaism, each with a different character and life, as there are countries of the dispersion.
Judaism is, therefore, in a quandary: It can no longer tolerate the Galut form which it had to take on, in obedience to its will-to-live, when it was exiled from its own country; but, without that form, its life is in danger. So it seeks to return to its historic center, where it will be able to live a life developing in a natural way, to bring its powers into play in every department of human culture, to broaden and perfect those national possessions which it has acquired up to now, and thus to contribute to the common stock of humanity, in the future as it has in the past, a great national culture, the fruit of the un-hampered activity of a people living by the light of its own spirit. For this purpose Judaism can, for the present, content itself with little. It does not need an independent State, but only the creation in its native land of conditions favorable to its development: a good-sized settlement of Jews working without hindrance in every branch of civilization, from agriculture and handicrafts to science and literature. This Jewish settlement, which will be a gradual growth, will become in course of time the center of the nation, wherein its spirit will find pure expression and develop in all its aspects to the highest degree of perfection of which it is capable. Then, from this center, the spirit of Judaism will radiate to the great circumference, to all the communities of the Diaspora, to inspire them with new life and to preserve the over-all unity of our people. When our national culture in Palestine has attained that level, we may be confident that it
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
In 1776 , in Germany, a young man named, Isaac, son of Eliezer Neiburg of Mannheim, was engaged to marry Leah, daughter of Jacob Guenzhausen of Bonn. In the week leading up to the wedding, Isaac seemed pre-occupied exhibiting some strange behavior. The wedding, however, took place in the groom’s home town with much celebration, on the 8th of Elul 5526, August 14, 1766, and all seemed to bode well.
A week later, on Saturday night, after they had spent several days in Bonn, Isaac Neiburg told the community rabbi, that his life was in danger and that he must leave Bonn immediately, but in order not to leave his young wife an agunah, he wished to give her a divorce. He did admit that he had not found the bride to his liking, but noted that he was not divorcing her for this reason, rather because of the mortal danger threatening him. Rabbi Copenhagen’s attempts to dissuade him were to no avail, and therefore it was agreed by both sides that Isaac Neiburg would divorce his wife. Financial matters were agreed to, including payment of expenses by the husband, and Isaac consented to everything. Since there was not a recognized rabbinical court in Bonn, it was decided to turn to the rabbinical court in Cleves, a city on the border between Germany and Holland.
The rabbi of Cleves, Rabbi Israel Lipschuetz, met with both parties, and sanctioned the divorce and also a written monetary agreement, determining that Isaac was firmly resolved to give his wife a divorce, and that if it were not done on the spot his wife might be left an agunah.
Several weeks later it became known to the father of the groom that his son had divorced his wife and left the country. The father was incensed both because in his opinion his son had been forced to give a get, despite, in his words, “his delicate emotional state, and because the financial arrangements were to his disadvantage.” He turned to Rabbi Tevele Hess, who then turned to the rabbinical court of Frankfurt, a large and highly esteemed community, headed by Rabbi Abraham Abusch of Lissau, both of whom ruled that the get was indeed invalid.
What ensued was a 2 year heated and acrimonious debate that put two rabbinical bodies at odds with one another, with both Leah and Isaac, caught in the middle. Leah’s status kept changing, depending on the rabbinic ruling, from “divorced”
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
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
This special series of RRFEI articles features an original work by Orthodox Rabbi Michael Chernick, Professor Emeritus of Rabbinic Literature at HUC-JIR, New York, with responses from Rabbis Mark Washofsky, Elliot Dorff and Daniel Siegel. Rabbi Washofsky’s affiliation is Reform; Rabbi Dorff’s is Conservative and Rabbi Siegel is with Jewish Renewal.
We hope you will respond and air your voice also on this essential issue of egalitarianism and halakhah. (I want to note that we invited two women scholars to respond, and neither had the time; but we hope for responses from our women colleagues and a robust discussion of these ideas.)
As we all know, being a “chained” woman (agunah) causes untold suffering, and justice demands we create a solution to this oppression. You will see in today’s article by Professor Michael Chernick an analysis of the problem, a review of the historical remedies and suggestions for moving forward.
In addition, we are bringing you responses from 3 current halakhic authorities:
Rabbi Mark Washofsky, Freehoff Professor of Jewish Law and Practice at HUC-JIR Cincinnati; Rabbi Elliot Dorff, Chairman of the Rabbinical Assembly’s Committee on Jewish Law and Standards; and Rabbi Daniel Siegel, Founding Director, Integral Halachah Institute.
Shall we stay within the halakhic system to resolve the issues, or turn to civil courts? What is the appropriate role for civil courts in the Diaspora, and what is their role in the Jewish State? Some believe there should not be civil courts in Israel, that all law must be according to halakhah. Some would have that law change in structure, for example: that women be able to not only receive a get but give one as well, that both parties in a divorce should receive a divorce decree (get) from their spouse.
Clearly not only has the role of the streams of Judaism not been resolved in Israel, but the questions of which legal system to follow: civil or Jewish, who decides on halakhah, and how innovative can halakhah be in the modern context demand resolution.
RRFEI and Hiddush prefer a separation between religion and state, and in the case of marriage law, the possibility of civil marriage and divorce for those who choose. Clearly, as you will read in these articles, reasonable and reasoned rabbis may disagree,