To get right to the point, the obsession with the level of religious observance of the Kushner couple is unseemly, repugnant, embarrassing, and a poor reflection on the critics who are oblivious to the gross violations of Halacha they themselves are committing. Regarding the celebrity couple, every morsel they consume, every outfit they wear, every word they utter and every Shabbat or holiday they observe is accompanied by the intense scrutiny of busybodies whose own knowledge of halachic methodology ranges from woefully inadequate to utterly non-existent. They deserve better, as do the Jewish people and the world., and they should be left alone.
If the couple would suddenly announce that they are no longer “Orthodox” because they find too many Orthodox Jews narrow-minded, provincial, intolerant and judgmental, I, for one, would not blame them. Of course, they have too much class to do that, and in any event, it is foolhardy to eschew the Torah and G-d’s service because of the depredations of some Jews. Fortunately, most of the nitpicking has come not from our world (some has, to our dismay) but from the general universe of Trump haters. The critics generally fall into three categories: Jews who pretend they are defending G-d’s honor, inveterate Trump haters, and the general media.
The shallowness of the media is unsurprising and therefore not disappointing. But the first category is most troubling – those religious Jews, whoever they may be, who sit back, smirking and smug, passing judgment on the religiosity of others and determining who is or isn’t in the fold, as they see it.
These self-styled guardians of the faith and keepers of the flame – the God Squad – should be aware of the number of violations, sins and misdemeanors that they are committing: lashon hara and rechilut (disparaging talk without any benefit), failure to judge another person favorably, failure to love another Jew, desecration of G-d’s Name, distorting the Torah, tormenting a convert and failure to show extra love for a convert, inappropriate rebuking of another Jew, not judging another person until you stand in their place, and others. Perhaps they should look in the mirror before gazing out their window at others.
Another group consists of those who despise all things Trump, have lost all sense of reason and balance, and hold everyone in the Trump camp to impossible standards of conduct and even decrying the permissible as forbidden and unprecedented. (E.g., Trump revealed classified information (!) and created a “back channel” (!) to another country! Well, yes, like every administration has had since the beginning of the Republic.) This group’s animus finds its way into the two shrillest sets of critics: the general media and the secular Jewish press.
The general media can be forgiven their ignorance of Torah, Halacha, and the arcana of Jewish observance. As the modern media is overwhelmingly secular and often anti-religious in outlook and practice, the information at its disposal is limited and their knowledge of the facts necessarily superficial. “Car or plane + Shabbat = bad” is the simplest equation and some Jews get dispensations if they know the right people and are important enough. That’s about the extent of their knowledge. One cannot expect any deeper understanding from the general media.
Sadly, this does not apply to the secular Jewish press. As Jews, they are obligated to study Torah, understand it, practice it and honor it. But their ignorance of Torah is breathtaking and as simplistic as that of the general media. They are more affronted, apparently, by the nuances of some possible rabbinic prohibitions than by any number of gross violations of Torah prohibitions that they routinely celebrate. The litany of sins endorsed, the disparagement of the Torah, and the desecration of G-d’s Name engendered thereby, are of no concern at all. This is despicable and outrageous.
A brief primer on the methodology of Jewish law might be helpful to the layman. Judaism has no system of allowances, indulgences or dispensations. What we do have is a sophisticated system of law and custom that govern our lifestyle that often results in a variety of rabbinic opinions on some issues owing to the disparate intellects G-d granted us. Additionally, the competing values that present themselves in a particular case can often result in different answers being propounded to different people on facts that are similar but not identical. By way of analogy, two people can have the exact same illness and yet the doctor might prescribe two different drugs to those people. Why, you ask? (The media would just blaze the headline: “Doctor prescribes different medication to patients with SAME illness!!”)
The answer is that every question is asked in a certain context, and that context reflects the competing values. Some of the competing values that can intrude on what might seem to the layman to be a straightforward question of “do or don’t” or “permissible or forbidden,” are the potential or actual threat to life or well-being, the avoidance of a great financial loss, the respect we owe other human beings, the public (versus the private) need, an intimate relationship with the governing authorities, the honor of Heaven, biblical v. rabbinic prohibitions, active violations v. passive violations, and a host of others.
One would think that with the establishment of the State of Israel and the ongoing integration of halachic norms into the daily rhythms of a modern state that even secular Jews would develop a greater awareness of how Halacha accommodates the needs of a modern state in an open and natural way. The provision of necessary services does not end when Shabbat starts. It didn’t stop even in ancient times. It is a denigration of Halacha to suggest that a modern Torah state cannot function in the absence of non-Jews or not-yet-religious Jews to provide those services – military, police, diplomatic, medical, nursing, electricity, etc. This should be obvious. Already in ancient times the Sages permitted defending the border on Shabbat against incursions of marauders who came for property and not to take life, as maintenance of the Jewish polity is itself another implicit value. A Jew need not accept being robbed or burglarized every Shabbat even when there is no threat to life or limb. Jewish soldiers and police officers are dispatched to protect streets and parks on Shabbat; we don’t demand that all Jews stay home so as not to require security. These are not violations of Shabbat but actually the fulfillment of the Shabbat laws.
I do not know all the facts and circumstances of the halachic questions that were (or weren’t) asked in the matters herein but nothing I have seen or heard sounds implausible to anyone with knowledge of halacha who lives in the real world and recognizes how halacha applies in that real world. There are some observant physicians who engage in far greater violations of Shabbat on a weekly basis than anything that has happened to our protagonists here, and with less justification, although by no means does that apply to every observant physician.
Every legal system encounters conflicts of laws and values, and all contain mechanisms by which those conflicts are resolved; certainly, Halacha does. Only a person who dwells in an ivory tower and is detached from the arena of activity imagines that real life is free of such tensions. It is important to note that such resolutions are not always uniform – in any legal system – and will often vary based on the slightest difference in facts. That is why Jews are required to ask qualified experts how those conflicts should be resolved and different Jews can get different answers from different rabbis to what seem to be the exact same questions. Those rabbis whose lives are dedicated to the study of Torah and service of the people of G-d are best suited to answer those questions, not the self-styled God Squad.
If the nitpicking and backstabbing weren’t bad enough, the religious critics are unwittingly positing that a full Torah life is inconsistent with a modern state, which is itself a disparagement of the Torah. They might be waiting for Moshiach without realizing that the same issues will exist in Messianic times. Thus the differences in halachic treatment for individuals as individuals and individuals who are serving a public role as well.
We should start minding our own business and worry first about our own piety and practice. “Adorn (i.e., perfect) yourself and after that adorn others” (Bava Metzia 107b). It is very timely and sagacious advice. And this has less to do with one’s feelings about this President and his family than it does with how we show our love for G-d, Torah and our fellow Jews. These issues transcend the couple in question and apply to many people in sundry communities, and religious Jews especially should be mindful of the pejorative image that can be created through untoward hypercriticism.
Rather than be condescending, vindictive and sanctimonious, we should be supportive, understanding and tolerant. Let us leave the former to the media. The ways of our Torah are the paths of pleasantness, peace and mutual respect.