On Medical Care, Mitzvah, and Public Responsibility

affordable-care-act-logo

The United States Congress is struggling – again – over the future of the Affordable Care Act (ACA, or “Obamacare”) of 2010. As Jewish organizations weigh in on the debate, the question will inevitably arise: what does Jewish tradition, and specifically the halakhic tradition, teach us concerning the role of the government in the provision of medical care in a modern democratic society? And that, of course, is a difficult question to answer. We know that the halakhah, based in sources that reflect a social, economic, and political context quite different from our own, does not speak with precision to most of the particular issues our society confronts today.[1] To put this differently: on its face, the halakhah doesn’t tell us whether the ACA should be retained, repealed, or amended. On the other hand, Jewish law does contain some important basic teachings about the nature of the good society that can and ought to guide our thinking on public questions. Yes, we have to resist the temptation of learning too much detail from broad, general statements in the texts. We’ve discussed that problem on this blog. But there are occasions when the tradition actually gives us enough practical detail, if not to answer our questions precisely, then at least to point the way for our thinking. And the issue of national healthcare policy is one of those occasions. Continue reading On Medical Care, Mitzvah, and Public Responsibility

Sefarad – A Different Halakhic World?

Rabbi Haim Amsalem is a “Sefardi”[1] political activist in Israel. (We’ve met him previously on this blog.) One of the founding members of the ḥaredi Shas political party, he was expelled  in 2010 in large part due to his dissent over the halakhic policy of the Sefardi rabbinical establishment (rabanut) dominated by then Chief Rabbi Ovadyah Yosef and his sons. His major complaint was and is that the Sefardi rabbinate has adopted the extremist, stringent approach to p’sikah (halakhic decision) characteristic of the Ashkenaic ḥaredim  at the expense of the classic – and much more moderate – Sefardi tradition. For his temerity, Amsalem has been branded a “Reformi,” which is just about the worst thing an Orthodox Jew can call another Jew.[2] Not to be outdone, Amsalem strikes back in kind: it is the Sefardi rabanut, he claims, that is actually doing the work of the Reformers.[3] He explains that it was the Asheknazi Orthodox rabbinate that actually created the Reform movement in 19th-century Europe through its narrow, sectarian, and rejectionist p’sikah that drove millions of Jews away from Torah and tradition. And the Sefardi rabbinate in Israel today is making the same mistake, “creating” Reform Jews through its slavish imitation of the halakhic method of the “Litvaks.” Continue reading Sefarad – A Different Halakhic World?