The Rabbinical Council of America (RCA) is the largest association of rabbis who profess a “Modern Orthodox” outlook. Recently, the RCA decided that it was time to adopt a statement of principles, entitled “Raising the Banner of Modern Orthodoxy,” which the organization describes as “A Proud Platform for Modern Orthodoxy for the 21st Century.” The platform takes on the increasingly difficult task of defining the “Modern Orthodox” position in the face of challenges from two sides. Looking to its right, the RCA wishes to distinguish its Judaic outlook from that of the ḥaredi or “ultra” Orthodox sects that consciously reject most sorts of accommodation with the culture of modernity. And looking to its left, it seeks to define itself against so-called “Open Orthodoxy,” which declares its loyalty to Orthodox halakhah while advocating an even more “open” posture toward contemporary cultural values, particularly regarding the expansion of women’s participation in public religious life.  Hence, the pressing need for a platform to spell out in detail the RCA’s version of Modern Orthodoxy.[1]

How successful is the platform in accomplishing its goal? To our decidedly non-Orthodox way of thinking, the text strikes a welcome note of moderation. “Reflecting upon how frequent and tragic schism has been in the history of our people,” the document calls upon Modern Orthodox Jews to engage “in constructive religious debate that is ‘for the sake of heaven’ by defending our opponents’ honor and motives; by emphasizing points of accord as much as areas of dissent; and, by seeking truth with grace, civility, and love.” In a religious (not to mention political) environment too often poisoned by the rhetoric of extremism (here’s just the latest example), the RCA calls upon the members of its community to think carefully about the tone of their speech. That’s a message that all of us could (and obviously should) take to heart. Also positive is the platform’s call for Jews to comply “punctiliously” with non-discriminatory state legislation (“in fulfillment of the halachic requirement of dina de’malchuta dina“) and to pursue “knowledge of the sciences and humanities in order to know God’s Creation.” These statements sound pedestrian to progressives, but within the world of Orthodoxy they’re a certified big deal, a forthright repudiation of some of the more disagreeably parochial and obscurantist elements of far-right Orthodox culture.

And yet…

… the platform doesn’t come close to resolving the major question dividing North American Orthodoxy: the role of women in Jewish ritual life.  Not that it doesn’t try. Its authors recognize “the essential spiritual equality of every Jewish person before God,” and they urge Modern Orthodox communities to work toward “a diversity of halachically and communally appropriate opportunities for women’s lay and professional involvement in Jewish life.” So far, so good; one can read in these words a distinct openness to the possibility of change. But the platform makes it clear that any such change must follow “the millennia-old Jewish practice of innovating and/or modifying halachic practice only after substantive consultation with authoritative rabbis and poskim,” that is, authorities “who are recognized broadly throughout the Jewish world as being part of an unbroken chain, from Sinai until today, of traditional Talmudic and halachic interpretation.” And that is the document’s fatal contradiction. The problem, of course, is that the “authoritative,” “recognized” poskim of the Orthodox world – otherwise known as the g’dolei hador, the “great scholars of our time” – are ḥaredi men who are not about to accept any substantive relaxation of the traditional halakhic limits upon the role of women. They certainly don’t condone the Open Orthodox efforts toward the ordination of women as rabbis or, at least, as Jewish clergy of some sort. The platform may speak of change, but it sets conditions that make change unlikely. It expresses all the right lofty sentiments, but at the end of the day its rhetoric rings hollow.

The RCA’s supporters would no doubt call such criticism unfair. They would defend the platform’s language on the grounds that, as an Orthodox organization, the group can only act in accordance with halakhah. But, actually, no; on the contrary, the roadblock to change in the Modern Orthodox world is not the halakhah but rather those who possess a monopoly over its interpretation. As the readers of this blog know, we think that the halakhah is a much more dynamic and flexible tradition than the Orthodox g’dolim imagine it to be. Halakhah is a deep and rich discourse of text and argument that admits of many interpretive possibilities that range far beyond the narrow confines of the Orthodox consensus.[2] We contend that the halakhic tradition is broad enough to accommodate readings and interpretations that respond in a creative and affirmative way to the challenges and opportunities of the modern and liberal world in which we live.  That insight is not limited to Reform, Conservative, and Reconstructionist Jews; even an Orthodox rabbi (like this guy) can be a progressive halakhist. All it takes is a sense of what the times require of us and the willingness to accept the proposition that we, all of us, are responsible for reading, interpreting, and giving voice to the texts of our legal tradition. Put simply, the meaning of the halakhah is not and should not be restricted to the rulings of the g’dolim.

We imagine that there are those within the RCA community who answer to that description. Their colleagues should have listened to them before drafting their platform.

 

 

 

 

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[1] We say “version,” because the open Orthodox folks also lay claim to the label “Modern Orthodoxy.” One of our favorite Modern Orthodox rabbis explains it here.

[2] On the “Orthodox consensus,” the rulings that the g’dolim and their adherents confuse with the halakhah itself, see here and here and here.