Category Archives: Israel

Of Gaps and Bridges

Israel MK Yair Lapid, the leader of the Yesh Atid party, recently took to the podium of the Knesset to blast the Netanyahu government for its refusal, in his view, ever to say “no” to the political and monetary demands of the ḥaredim. Perhaps the most dramatic part of his speech (see the clip) touches upon the ongoing dispute over the nature of public (i.e., legally required) Shabbat observance in Israel. Lapid as we’d expect from a “secularist” (ḥiloni) politician, argues against religious coercion.  I agree with you, he tells a ḥaredi government minister, about the importance of Shabbat to the Jewish people. But *you* do not get to define Shabbat for *me*. Just as I would not tell you how to observe Shabbat in your home and your neighborhood, so you shouldn’t tell me how to observe Shabbat where I live! He is saying, in so many words, that Judaism is a personal thing. I and no one else – and definitely not Orthodox rabbis – am entitled to make my own religious decisions as to how I shall practice Judaism in personal space.

As good Jewish religious liberals who condemn anything that smacks of religious coercion, we applaud Lapid’s words. But before we cheer him too loudly, let’s consider the implications of his words (though his intent may be different). If we read him literally, Lapid is describing an unbridgeable gap between two irreconcilable worldviews. On the one side is modernity, with its classical liberal commitment to the sanctity of individual freedom. Faith, according to this worldview, is entirely a private matter; it is up to each of us to decide for him/herself whether and how to practice religion. On the other side is the Orthodoxy represented by the ḥaredi government minister, a Judaism defined by a system of mitzvot and חיובים (obligations) that makes no room for freedom of choice. In that world, religion is most definitely not a private matter but something compulsory, a set of proper behaviors determined by halakhah, the Jewish legal tradition as interpreted by the proper (read: Orthodox) authorities. If this is what Lapid really means, namely that the two worldviews are mutually exclusive, then we have no alternative but to stand on one side of that gap or on the other. And as liberals, our choice ought to be obvious.

We at the Freehof Institute are uncomfortable with this one-side-or-the-other approach. Yes, we are liberals, proud citizens of the culture of modernity, and champions of individual freedom. At the same time, we do not believe that individual freedom is an end in itself. To put this differently, we are Jews as well as liberals. And as Jews, we are in search not only of the right to make our own religious decisions – a right that as moderns we already possess – but of substance, a rich and meaningful Jewish life. And since Judaism is and always has been a practice-centered faith, the source of that substance is the halakhah – yes, the Jewish legal tradition with all its talk of mitzvot and obligations –that body of thought and writing in which Jews for nigh on to 2000 years have argued and worked out their decisions about sacred practice. For serious liberal Jews to reject halakhah is therefore self-defeating, not a viable option. What we require, rather, is a halakhah that speaks to the modern spirit, a “liberal” or “progressive” halakhah (hence our name!) that offers a life of Jewish substance and meaning to Jews who stand on *our* side of that supposedly unbridgeable gap.

In other words, it’s not an either-or choice between modernity and halakhah. We can have both. To spread that message is the work of the Freehof Institute, a mission based upon our commitment to two fundamental truths: first, that there is no such thing as “Judaism” without halakhah, and second, that halakhah is too important to be left to the exclusive control of the Orthodox rabbinate.

Army Service for All: In Memory of Rabbi Moshe Zemer, ז”ל

     

The Israel Supreme Court recently struck down the law that effectively exempted most ḥaredi (“ultra-Orthodox”) yeshiva students from serving in the country’s military (Tzahal). The legal issues are complex (Hebrew readers: see here for the full decision or here for a summary), but the central question of the case  carries deep social and moral implications. We are talking, after all, about whether a significant segment of Israel’s population will be exempted from shivayon banetel, from sharing equally the burden of national defense. Like many (most? almost all?) social and moral issues, it is also a question of halakhah. And that brings to mind the memory of our colleague and teacher, Rabbi Moshe Zemer, zikhrono liv’rakhah. Continue reading Army Service for All: In Memory of Rabbi Moshe Zemer, ז”ל

The Mount and the Message

The recent flare-up of violence  at the Temple Mount (הר הבית, Har Habayit) reminds us yet again of the deeply religious aspects of the conflict in the Middle East. These have mostly to do, of course, with the disagreements between Jews and Muslims surrounding control over a site holy to both groups. But the word “religious” brings to mind another set of conflicts, namely the tensions, fissures, and battles that Israel’s capture of the Mount in 1967 have set off within Judaism itself. Most notably, possession of the Temple Mount has served to strengthen (or, depending on your point of view, to exacerbate) the messianic tendencies present in Zionism – in both its secular and its “religious” (Orthodox) manifestations – tendencies that have wide-ranging, deep, and potentially explosive implications for the future of the Zionist project. Tomer Persico tells the story quite nicely, and his blog is definitely worth a look.

The Temple Mount has had some fateful ramifications for Jewish law as well. In particular, it has in recent years become the cause of a major change – which one observer (see below) calls a “quiet revolution” – in the way Orthodox poskim (halakhic authorities) understand the halakhah. This blog, of course, is quite interested in the subject of halakhic change. Whether this particular change qualifies as “progressive” is another matter. But it is change, which as always teaches us something about the nature of the halakhah we study and try to live. Continue reading The Mount and the Message

Who Defines “Authenticity”?

With the possible exception of Yom Kippur, no date in Israel’s national calendar is more solemn than Yom Hazikaron, the day of memorial for those who have perished in defense of the state since its founding. Like all national memorial days, its observance is marked by ceremonies and rituals that unite the citizens in mourning for the fallen. The most dramatic of these is the sounding of a siren throughout the land for a duration of one minute in the evening and two minutes in the morning, a signal that summons the entire population to stop whatever they are doing to stand in silent tribute and reflection. That drama, unfortunately, does not impress everybody. For example, there are ḥaredim who have never reconciled with the creation of the Jewish state. They refuse to participate in its national observances, and some of them pointedly do not stand in silence and do not interrupt their activities when the siren sounds. Continue reading Who Defines “Authenticity”?

The Reform Movement and Israel: The Evidence of the Prayerbook

Many of us in the progressive halakhah camp make our denominational home in the Reform movement. So it’s appropriate at this season of Yom Ha’atzma’ut to consider the relationship of North American Reform Judaism toward the State of Israel. To be specific, we’re not talking about political issues, such as security policy, relations with the Palestinians and the Arab states and the like. Nor do we have in mind the always sensitive and often infuriating realm of religion-and-state policy, which includes the Israeli government’s response to the legitimate demands of its non-Orthodox citizens. Our inquiry here is more theological than political: how does the organized Reform movement understand the religious significance of the state of Israel? What, according to official Reform movement doctrine, is the significance of the establishment and the existence of the state as a matter of Jewish faith and belief?  We’re hardly the first ones to ask these questions, which are addressed in numerous sources.[1]

For purposes of this blog, though, there’s no better place to look than in Mishkan T’fila, the current official prayerbook published (2007) by the Central Conference of American Rabbis (CCAR).  That’s because, like the traditional Jewish prayerbook (siddur), Mishkan T’fila is very much a text of halakhah.[2] While it is not a comprehensive work of systematic theology, the prayerbook reveals better than any other source the collective vision of the Reform rabbinate as to how Reform communities ought to organize their worship and express verbally the community’s vision of God, Torah, and Jewish experience. So at the approach of Israel’s 69th anniversary we ask: what does the American Reform[3] prayerbook have to say about Israel in general and about Yom Ha’atzma`ut in particular? Continue reading The Reform Movement and Israel: The Evidence of the Prayerbook

Working on the Railroad: Observing Shabbat in a Jewish State

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The latest battle in Israel’s Shabbat wars is more than the usual case of political infighting, though it is certainly that. Israel Railways wants to schedule repair work to its lines on Shabbat, when the trains don’t run, in order to avoid painful disruptions of service during the week. The prime minister, dependent on the support of ultra-Orthodox parties for his Knesset majority, bowed to their demand that the repair work be banned on Shabbat. To be fair, the ḥaredim do have tradition (and not only halakhah) on their side. For the railroad to undertake this work would violate Israel’s religious status quo, an informal yet historic arrangement (it has its own poorly-footnoted Wikipedia article) that determines just which public institutions are allowed to function on Shabbat. So you could say that it’s the railroad and not the ultra-Orthodox parties that touched off this particular fracas.  On the other hand, while the status quo may have served well in the past as a good ceasefire agreement in the Shabbat wars, there’s nothing necessarily sacred about it; it’s been broken frequently, and by both sides. The railroad controversy might therefore be a good opportunity for Israelis, as well as for all who care about the nature and place of Jewish religion in the Jewish state, to come up with a better solution. Continue reading Working on the Railroad: Observing Shabbat in a Jewish State

Does Jewish Law Recognize the State of Israel? Part 2

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Our last post discussed the troubling fact that the leading Orthodox poskim (halakhic authorities) define the law and legal system of the State of Israel as “foreign” or “Gentile law” (ערכאותיהם של גויים). To say that halakhah does not recognize the legitimacy of Israel’s law  is to signal to observant Jewish citizens of the state that they may be entitled to violate that law.  It is also to suggest that the state itself, which expresses its national identity and conducts its public life by means of its law, is a “Gentile” creation, neither truly “Jewish” nor totally legitimate in the eyes of the Torah. It is an embarrassment to the Zionist idea, an insult to all who would like to believe that there is no essential contradiction between the establishment of a modern, democratic Jewish state and the precepts of traditional Jewish religion.

It is also wrong. Continue reading Does Jewish Law Recognize the State of Israel? Part 2

Does Jewish Law Recognize the State of Israel?

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As we celebrate Yom Ha’atzmaut 5776/2016, we turn to an old question about Jewish law and political sovereignty: does halakhah, traditional Jewish law, provide for the existence and functioning of the modern Jewish state of Israel? We don’t have in mind here the fundamental issue of whether traditional Jewish law permits the Jewish people to form a sovereign political entity prior to the coming of the Messiah. We’re talking rather about something more mundane but no less essential: does halakhah recognize the legitimacy of Israel’s law and legal system? Continue reading Does Jewish Law Recognize the State of Israel?

The Israeli Conversion Crisis and Progressive Halakhah

The latest round of the conversion wars in Israel is more than simply politics, the attempt to entice ḥaredi parties into a razor-thin Knesset majority. When we look at it closely, we find a case of progressive halakhah at work, an example of how rabbis not at all associated with the progressive Jewish movements can nonetheless utilize progressive halakhic thinking to solve problems and to relieve human suffering. Continue reading The Israeli Conversion Crisis and Progressive Halakhah