More Good News from the Department of Unnecessary Stringencies – Passover Edition

shmurah

Let’s turn our attention to shmurah matzah (or matzah m’shumeret). That’s the name for the kind of matzot that many observant Jews insist upon to fulfill the mitzvah of eating unleavened bread (akhilat matzah) at the Seder. Some, in fact, will not eat any other kind of matzah during all of Pesach.  Usually (but not necessarily) hand-made, shmurah matzah  is extraordinarily expensive;[1]  still, it has undeniable aesthetic appeal. As the folks at Chabad  put it, shmurah matzot are “similar to the matzot that were baked by the Children of Israel as they left Egypt. It is thus fitting to use shmurah matzah on each of the two Seder nights for the matzot of the Seder plate.” Continue reading More Good News from the Department of Unnecessary Stringencies – Passover Edition

Good News from the Department of Unnecessary Stringencies – Passover Edition

Sefardic Robot

Pesach is almost here, and if you haven’t yet heard, rejoice: the Law Committee of the Rabbinical Assembly (Conservative movement, North America) has issued a ruling that permits Jews of Ashkenazic descent to eat kitniyot  (rice, corn, and legumes) during the festival. It’s been a long time coming, considering that the movement’s Israeli branch handed down a similar decision (here, translated from the Hebrew ) in 1989. The Conservatives now join the Responsa Committee of the Central Conference of American Rabbis [Reform movement, North America], which issued its own t’shuvah on the subject in 1996 (available online for CCAR members and in the printed collection Reform Responsa for the Twenty-First Century, CCAR Press). To be sure,  not all members of the  Law Committee go along with this new position. Still, given the strong halakhic arguments contained in these permissive rulings, it is now more obvious than ever before that observant Ashkenazic Jews can with a perfectly good conscience set aside the prohibition of kitniyot and (barukh hashem) eat like Sefardim on Pesach! Continue reading Good News from the Department of Unnecessary Stringencies – Passover Edition

The Jewish Position(s) on Triage, Part Two

Amy Scheinerman has called our attention to an effort by the Ethics Committee of the Israeli Medical Association (IMA) to establish a policy of triage in terrorism incidents that prioritizes the victims – both Jewish and Arab – over the perpetrators. The policy was adopted in 2008 but abandoned last year on the grounds that the policy does not conform with international standards of triage. I – Mark Washofsky, that is – am not sure about that – what, exactly, are the international standards of triage? – and perhaps some of our readers can help us with the question. Of particular interest to this blog is the fact that the IMA justified its policy as a Jewish one, justifying it by appeal to traditional text. The implication is that Jewish tradition or “the” halakhah supports this particular approach to triage. I’m not sure about that, either. Continue reading The Jewish Position(s) on Triage, Part Two

Triage in Terrorist Incidents

Triage

From our colleague Amy Scheinerman:

It is believed that the practice of triage originated in France toward the end of the 18th century thanks to Napoleon’s surgeon Dominique-Jean Larrey (1766-1842), who invented the Ambulance Volante (“flying ambulance”), a corps of horse-drawn ambulance-wagons and personnel that shuttled casualties from the battlefield to a base hospital in less than 15 minutes. Dr. Larrey also introduced triage – from the French “trier” meaning “to sort out” or “select” – whereby a surgeon was present on the battlefield to administer to the needs of the wounded and determined that (in his words) the most “dangerously wounded should receive the first attention, without regard to rank or distinction. They who are injured in a less degree may wait until their brethren-in-arms, who are badly mutilated, have been operated and dressed, otherwise the latter would not survive many hours; rarely until the succeeding day.” Triage, which arose in the context of war and was developed to address mass casualties, is used today not only in warfare, but in modern hospital emergency rooms. In the venue of a hospital on a normal day, it is far easier to sort out the most serious cases and address their needs first than it is in the chaos and pandemonium than can ensue from a terrorist action. When limited resources are available, and seeing to the needs of one injured person might have grave consequences for another who is not immediately attended to, the original philosophy of triage comes under scrutiny. Continue reading Triage in Terrorist Incidents

The Halakhic Prenup? A Great Idea! Mostly.

prenup

Good news on the agunah front: the halakhic prenup is gathering steam. It’s the latest[1] solution designed to provide relief for the wife whose husband refuses to issue her a get (a Jewish divorce) even when the civil divorce has been completed, thus leaving her “chained” (the literal sense of the word agunah) to him under Jewish law. The prenup enjoys a considerable public presence: it has its own website, several Facebook pages, organizational backing, and the support of a number of Orthodox rabbinical luminaries. Continue reading The Halakhic Prenup? A Great Idea! Mostly.

Domestic Abuse, Divorce, and Progressive Halakhah

In our last post, we urged Israel’s Chief Rabbinate to put some halakhic muscle behind its moral condemnation of domestic abuse. If the Chief Rabbi is incensed at the thought of Jewish husbands battering their wives, he should do everything he can to advocate that those husbands be required – and coerced by all acceptable legal means – to issue divorces.  Under the current consensus Orthodox halakhic opinion, when a wife sues for divorce on the grounds that her husband is abusive, the Israeli rabbinical courts, which adjudicate divorce law for Jewish citizens, are not empowered to coerce him to issue a get (divorce document). She therefore remains legally bound to him, unable to remarry and rebuild her shattered life until he agrees on his own accord to divorce her.

But does that consensus reflect what Jewish law actually says? Continue reading Domestic Abuse, Divorce, and Progressive Halakhah

Two Cheers for the Chief Rabbi

We tend on this blog to be rather critical of the established ( =  Orthodox) rabbinate in Israel. so it’s only proper to congratulate that august institution when it does something right. We’re referring to remarks delivered by Chief Rabbi David Lau at a conference sponsored by Tahel, a crisis center that assists Orthodox women and children who fall victim to domestic violence. In expressing his support of the organization and its work, Rabbi Lau sought to dispel any notion that Jewish law permits a husband to resort to violence in order to “discipline” his wife: Continue reading Two Cheers for the Chief Rabbi

Conversion? What Conversion?

Rabbis and Bitul Giyur

Another day, another outrage from the ḥaredi rabbinate. This time, it’s a decision by a Jerusalem beit din (rabbinical court) annulling a conversion to Judaism which took place over thirty years ago. The conversion, in other words, legally never happened. You can read the details here (and here, in Hebrew). One of the more sordid of these is that the head of the beit din, Rabbi Ḥayyim Yehudah Rabinowitz (that’s him in the middle of the picture), is currently embroiled in charges of corruption surrounding his conduct of the court.  Continue reading Conversion? What Conversion?

Incarceration, Part 2: Is There a Jewish Approach to Criminal Sentencing Reform?

prison

In our last post, we examined a statement that appeared on a Reform Jewish website. The statement declared that “Jewish values” support current efforts to do away with the mandatory criminal sentencing regime in the United States, in particular the heavy sentences handed down to non-violent drug offenders. We argued that, aside from the merits of the proposed reform, the “values” that the statement cited (the verse Deuteronomy 16:20 – “Justice, justice you shall pursue”) amount to little more than a nebulous slogan and that any substantive support that does exist in Jewish tradition is most likely to be found in the halakhah, the texts and sources of Jewish law.

All right – so who’s going to volunteer to conduct a study of the vast corpus of the halakhic literature in search of that support? (Moral of the story: be careful when you criticize!) It would be a daunting task… which is why we are fortunate that much of the work has already been done.  Continue reading Incarceration, Part 2: Is There a Jewish Approach to Criminal Sentencing Reform?

Incarceration, “Jewish Values,” and the URJ – Part One

prison

A recent post on a website sponsored by the Union for Reform Judaism urges Reform Jews to support the proposed Sentencing Reform and Corrections Act (S. 2123). Introduced in the United States Senate with impressive bipartisan support, the bill limits the imposition of mandatory minimum sentences especially for nonviolent drug offenders. The goal is to deal with the problems of over-criminalization and mass incarceration (the US leads the world in incarceration, both in absolute numbers and in percentage of the population). The post notes that the draconian penalties now imposed upon even nonviolent drug offenders fall disproportionately upon persons of color, though they as a group are no more likely than white people to use or sell illegal drugs. This clear racial disparity, the post says, is an offense against “Jewish values,” which is a reason why Jews in particular ought to support the reform effort.

That’s clearly a worthy goal. But troubles me is the way in which the URJ post justifies its claim that sentencing reform is in accord with “Jewish values”: Continue reading Incarceration, “Jewish Values,” and the URJ – Part One