12/20/2011

Talking about Sex in the Modern Orthodox Community

In my newest Jewish Ideas Daily article, I try to give an overview of trends that have emerged in the American Modern Orthodox community over the past decade. I then look at three recent events - the same-sex chuppah in DC, the YU Beacon article, and (le-havdil) the publication of The Newlywed's Guide to Physical Intimacy - and try to contextualize them within these trends.
One of my very first (rambling) posts was about the need for reform in Jewish sexual education, and I occasionally returned to matters of gender and sexuality (two separate areas, I know, but with some overlap and, alas, on this blog, one label).
So I hope you enjoy Orthosexuality. It seems to be making the rounds and generating some discussion.

11/30/2011

Window Dressing

On Monday, Jewish Ideas Daily published an article I wrote about the recent Tzohar/ Rabbanut controversy.
Here it is: Love, Marriage, and the Israeli Rabbinate

11/16/2011

Exploring the Sermons of Eastern European Rabbis in America

I've been giving a "parsha shiur" in the local synagogue for over a year now. I like exploring a different theme each year; this year we're studying sermons of Orthodox rabbis who came to America from Eastern Europe during the great wave of migration between 1881 and 1924. The goal is to appreciate the intersection between the old world and the new, to see how these rabbis responded to the intellectual and social climate of the day.

Today was the fourth class in the series, so here's a little recap of what we've studied so far. All of the texts we've studied are available on hebrewbooks.org, supplemented by biographical information from other sources.

Noach: We studied pp. 13-17 of R. Yehuda Leib Graubart's Yabia Omer. Discussed it as autobiographical, considering that these rabbonim might have seen Noach as a role model. given his status as a "lonely man of faith" in a corrupt world.

Lekh Lekha: We studied R. Gedalia Silverstone's speech commemorating the 100th yahrzeit of Thomas Kennedy in 1932. Kennedy was an early advocate of Jewish rights in Maryland, and paid a dear price for it.
pp. 26-29 of Matok Mi-dvash vol. III.

Vayera: We studied pp. 44-50 of R. Avraham Guranovsky's "Even Yisrael" (a bio appears at the beginning of the volume; he was Eastern European, but trained at the Hildesheimer Rabbinerseminary in Berlin and arrived in America in 1869). This (rather long-winded) sermon is an extended Lamarckian reading of the concept of Ma'aseh Avot Siman Le-banim - Avraham's trials were akin to the giraffe stretching its neck; acquired traits could be passed on from one generation to the next according to Lamarck - whose theories were quite popular when R. Guranovsky was speaking these words in the 1870s.

Chayei Sarah: Today we studied R. Moshe Shimon Sivitz's sermon on what to look for in a potential spouse (pp. 102-107 of Heker Da'at). He rails against men who are more concerned with how many languages his wife speaks than whether she will be a good mother, and criticizes women for being gold-diggers. He criticize those who marry because they fell in love, saying that marriage should precede love. He also criticizes men who let their wives participate in the bread-winning, quipping that Adam started the trend, and look where it got him.

It's been a thoroughly enjoyable series so far. I'll update how it's gone every month or so.

10/25/2011

The End of "Eat Fish Out" Orthodoxy?


Despite my surname and, presumably, the occupation of one of my patrilineal ancestors, I do not eat fish. The taste of fish makes me gag.
It was therefore never difficult for me to paskin that one may not eat out at non-certified fish restaurants and sushi bars. I had no problem accepting the conventional wisdom of the Orthodox establishment that there were often cases of mixing and mislabeling. Though I had never gone into a fish restaurant to check out the situation first hand (I can only recall being asked about this issue once), I trusted the wisdom I grew up on, which did not acknowledge a category of Orthodoxy that eats fish out.In any event, it appears that the conventional wisdom was, in fact, wise. A new Boston Globe expose shows that the phenomenon of mislabeling fish, especially by restaurants, is phenomenally high. Some of the substitute species - swai and some types of escolar, for example - are not kosher. I would be curious to know whether there are statistics about mislabeling fish in kosher restaurants and/or guidelines that kosher certifications agencies have in place to prevent mislabeling. I also wonder whether such an agency would certify an establishment that it knows to be substituting one kosher species with a kosher but inferior species. Is this a possible niche for the Tav Ha-Yosher?

[On a lighter note, perhaps this uncertainty about the identity of fish species explains the origin of the name of one such species. ?מה היא? מה היא ]

10/12/2011

Celebrate Gilad like there’s No Tomorrow

Human beings have an amazing capacity to block out life’s travails during the course of a celebration. Couples get married and nations declare independence in the midst of wars. We celebrate a year’s harvest not knowing whether next year’s crop will be thin or blighted. We enjoy life, despite the inevitability of death.

Jewish celebrations are no exception. We celebrate Purim even though we remained Persian subjects in the aftermath of its miraculous salvation. The miracle of Chanukah is celebrated even though it took place during a lull in the middle of a war, and even though the independence wrought was short-lived. On Yom Ha-Atzma’ut, we celebrate Israel’s independence even though it transformed a local conflict into a multinational one.

Perhaps more than any other Jewish holiday, we rejoice on Sukkot even as we acknowledge the frailty of life. We move into makeshift huts as the weather turns cold, and we face uncertainty about whether the coming winter will be rainy enough to sustain us. Again and again, we call out to God: “Hosanna! Save us!” We read the Book of Kohelet (Ecclesiastes), all about the futility of human life and activity. And yet, in our liturgy it is called “z’man simchateinu” – “the season of our joy,” and is considered the most joyous of Jewish holidays. It is almost as though we acknowledge that the lightness of being, far from unbearable, is in fact liberating and comforting.

For more than five years, Israelis have debated the pros and cons of working out a deal for Gilad Shalit with Hamas. Now that the deal is done, the arguments for and against will cease to be theoretical claims and will be borne out in concrete results. I certainly do not envy those who had to make this decision.

Serendipitously, the news of the deal for Gilad broke just before the onset of Sukkot. In the spirit of this holiday, which teaches us that we may rejoice in the face of our own frailties and uncertainties, can we please, at least until the end of the holiday, rejoice with Noam and Aviva Shalit without considering the deal’s consequences? Perhaps the most famous passage in Kohelet tells us that there is a time and season for everything. These times and seasons turn with an astonishing rapidity, and part of our challenge is to keep them from encroaching upon one another. In that spirit, the spirit of Sukkot, let us acknowledge Gilad’s release as a time to laugh, a time to dance, a time to embrace, and a time to love.

10/05/2011

Four Approaches to Fasting

Why do we fast? What is fasting supposed to accomplish?

Within Judaism and other religions, fasting is conceptualized in different ways. There are three, possibly four different approaches, only one of which has biblical support.

The first approach sees fasting as a form of expiation: my bodily suffering serves as retribution for bodily sin. I experience a little bit of pain or a little bit of death, and that cleanses me from the stigma of transgression. The pre-Yom Kippur ‘Tefilah Zakah’ prayer is an excellent example of this idea within the Jewish tradition. Line after line, the prayer expresses the hope that each element of suffering purges a corresponding area of sin: not wearing leather shoes atones for when my feet ran to do evil, not eating atones for forbidden foods I consumed, and so forth. The traditional ‘BeHa”B’ fasts are in this vein as well - fasts were observed after major Jewish holidays to atone for conspicuous consumption during the holidays.


The second approach views fasting as sobering corrective. I return to spirit by denying the body. By removing the distractions of the flesh I am able to turn back to the soul and nourish it with what it requires. This is the classic Platonic view of asceticism, that the body actually impedes the soul. One need not take an extreme ascetic view in order to see fasting as a manifestation of this idea; just as easily, fasting might be an attempt to restore balance between body and spirit. It is a temporary measure to create a certain atmosphere for a brief period of time, after which things return to normal. Perhaps the mitzvah to eat on the day before Yom Kippur echoes this view that asceticism has value, yet must be tempered. In the contemporary milieu, a form of this approach is advocated by those who cast fasts as days to reflect on personal food choices.


A third possible approach was taken by R. Tzadok Ha-kohen of Lublin. He turned the equation on its head by reconceptualizing fasting not as a set of behaviors intended to effect change, but as a set of behaviors that reflect a mood. On Yom Kippur, when your life hangs in the balance, food is the last thing on your mind. How can you think about eating? On Tisha B'Av, while contemplating the smoldering ruin of God's Temple and the destruction of Jewish civilization, who even has an appetite? Who can eat?


A fourth approach is implied in Chapter 58 of Isaiah, which is tellingly recited as the Haftara on the morning of Yom Kippur. The prophet begins by criticizing those who fast and beat their chests while continuing to oppress and persecute. He declares that this is not the fast that God wants. What, then, is the fast that God wants?


Is it not to...loose the fetters of wickedness, undo the bands of the yoke, let the oppressed go free, and break every yoke? Is it not to deal your bread to the hungry, and bring the homeless poor to your house? when thou see the naked, that you cover him, and that you do not ignore your own flesh? (Isa. 58:6-7)
 At first blush, the contrast seems to fail. The "fast that God desires" is not a fast at all - it is feeding the hungry, clothing the naked, and sheltering the homeless. On further contemplation, however, an entirely different conceptualization of fasting emerges.


A Jewish "fast" is more than not eating or drinking. It included wearing sackcloth and ashes as well as congregating in public places to pray and mourn (see, for example, Mishna Taanit 2:1 or Ch. 4 of the Book of Esther). Isaiah's prescription for the fast that God desires addresses precisely these elements: when you gather in the town square to call out to God, think of the people who sleep there at night because they have no home. When you feel the pangs of hunger after not eating for a day, think about those for whom this is a regular occurrence. When you don your sackcloth and ashes and take off your comfortable shoes, remember that there are those who do not have what to wear. The point of fasting is to sensitize us to those for whom such denials are a daily occurrence, and not by choice.


This approach to fasting is shared by Islam. According to Islamic law, one who cannot fast on Ramadan must instead feed the poor for a day. This link between fasting and feeding the poor is precisely the same as the one made by Isaiah.


The Jewish people, if not prophets, remain the children of the prophets (b. Pesachim 66a). Although the synagogue has replaced the public square as the site of our fasts, and although Isaiah's linkage of fasting with social welfare goes largely ignored, it is refreshing and inspiring to see that the core instinct has not completely evaporated. Over the summer, hundreds of thousands of Israelis took to the streets to protests their country's lack of social justice. Regardless of one's opinion of the protests' aims, this linkage between voluntary homelessness and sensitivity to social ills harks back to the prophecy of Isaiah.

9/26/2011

Marginalia

Shai Secunda and I have co-authored a review of Joseph Cedar's award winning film Footnote (He'arat Shulayim). Our review appears in the new issue of Jewish Review of Books, and has appeared just in time for the film's Oscar nomination in the category of Best Foreign Film.

In the same issue, Yehudah Mirsky reviews By Faith Alone, the biography of Rav Amital that I translated.

Both reviews are currently behind a pay wall. JRB occasionally unlocks some articles. I'll let you know if the articles are made available.

UPDATE: The Mirsky review is no longer blocked. Read it here. [h/t: Nate and Reuven].
UPDATE #2: Now the Footnote review is unblocked. Read it here.

8/30/2011

No Praise for Folly

The New York and Jewish media is abuzz with the tragic story of Rabbi David Reichenberg, who lost his life in an attempt to save two neighbors, a father and son, who were entangled in live downed electrical wires during Hurricane Irene. R. Reichenberg is being nearly unanimously hailed as a hero for his act of supreme altruism and selflessness.
[Note: Reports differ in their descriptions of the events. Compare the first report I read to the one that later appeared in the New York Daily News].
Yet it is probable that R. Reichenberg was halakhically forbidden to do what he did, and there is a danger in lionizing actions that were, by all indications, misguided. I therefore write the following not, God forbid, to minimize the heroic virtue displayed by R. Reichenberg or to argue that he was anything less than deserving of the praise that will undoubtedly be heaped upon him. My goal is rather to argue that his actions (as opposed to his virtues) are not worthy of emulation, and that it is important to teach what Jewish law says about such instances, so that lives are not unnecessarily forfeited in the future.
The question of whether one may endanger himself to save another has arisen often, and in various contexts, over the years. It is obviously a very thorny issue, but the nature of the beast is that everyone must have some kind of guideline, since there is little time to start clarifying positions when cases arise (though occasionally there are - for example the dilemma of whether to donate a vital organ such as a kidney or partial liver to save a life). These are the basic guidelines:
  • There is a duty to save another's life. The Torah enshrines this duty in Lev. 19:16: "Do not stand idly by the blood of your neighbor." In Judaism, there is such thing as a "guilty bystander".
  • One is not required to risk his life to save another life.
  • One is permitted to risk his life to save another life as long as the risk to the would-be-savior is justified by a greater (or possibly equal, as long as it is not a definite case of trading one life for another) reduction in the risk to the endangered party.
Obviously, it is impossible to conduct a statistical evaluation at the zero hour. Yet the would-be-savior must quickly assess that the risk he incurs to himself is not greater than the chances that he saves the endangered party. Risk can be assessed in terms of how things are generally perceived by society. The case of R. Reichenberg seems to clearly have been such a case where one should not act. Perhaps it will emerge that this assessment is incorrect, but when live wires and copious amounts of water are involved, I suspect it will stand.
I hope that I never have to make such a decision, and I can imagine that it would be excruciatingly difficult to decide not to act. On some level, though, deciding to act is easy - either I will be a hero or will fail; I will not have to live my life thinking that maybe I could have saved that kid.
So where does that leave us with R. Reichenberg? Ambivalent. We can certainly praise the virtues that motivated him to act, but Judaism is a religion of duty before virtue. We ought to resist what Prof. David Shatz calls the "halo effect" created when someone does a morally wrong act as an expression of virtuous character. And if the final analysis shows that R. Reichenberg's actions were indeed reckless and foolhardy - that he incurred significant risk to his own life without much of a chance of helping the others - it would be warranted to apply another epithet - that of hasid shoteh, or 'pious fool'.
With the school year beginning now, and this tragic case still all over the news, it behooves Jewish (and non-Jewish) educators to devote a lesson or two to clarifying the question of when self-sacrifice and altruism are unwarranted and even morally problematic.

Sources and further reading:
Igrot Moshe YD II:174:4 [Heb]
Radbaz III:627 [Heb]
David Shatz, "As Thyself: The Limits of Altruism in Jewish Ethics" in Reverence, Righteousness, and Rahmanut: Essays in Memory of Rabbi Dr. Leo Jung
Yitzchak Blau, "The Implications of a Jewish Virtue Ethic", Torah U-Madda Journal 9
Naftali Bar-Ilan, "Be-inyan Mi  She-torem Lev O Kaved Le-hashtala" [Heb]
Eliezer Melamed, "Hatzalat Nefashot" [Heb]