Category Archives: Machshava/Jewish Thought

The Resolution

The RCA statement on women’s ordination was both timely and tardy.

It was timely because waiting longer would have further greased the slippery slope towards a complete abandonment of Torah and Mesorah. In the absence of a formal resolution decreeing that the institution of female Jewish clergy is beyond the pale of Orthodoxy and insisting rabbis not hire nor shuls retain such clergy, in another few years  dozens of such clergywomen would have been ensconced in left-wing Orthodox synagogues. That would have created a schism in the Torah world that we can ill afford. Invariably, most Orthodox Jews would have shunned such synagogues, which would be the natural reflection of such a rift in the Torah world.

But the resolution was also five years too late, because, in many respects, the schism has already taken place. Previous resolutions were bland or toothless enough that it had little impact on proponents of the move, something I suspect contributed to the blandness of the statements in which proponents had a hand. But now the lines are very clearly delineated as to what is within the world of Torah and what is outside that holy framework. Once clarity has been obtained, then people can make their own decisions, but they cannot say they were not forewarned about the predictable costs of treading that well- worn path.

The resolution was necessary if only because the deviations have expanded over time, not receded. Parents warn their children not to play in the street and to watch for oncoming cars, and no one accuses parents of redundancy when these admonitions are issued every time the children leave home. Rabbis are not parents in this sense nor are the intended audience of this resolution to be construed as daydreaming children. But rabbis are guardians of the Mesorah, and the resolution is nothing less than a cry from the heart – a shriek of “Gevalt!” (for the Yiddishists) – that the road these women are merrily traveling on, with their supporters in tow, leads towards a cliff. They may not want to acknowledge that – may not? They certainly don’t – but that is the reality as seen from this perspective.

If rabbis cannot warn Jews that certain steps are deleterious to their spiritual futures, to the sanctity of the Jewish home, or to the proper observance of Torah – then who can? And who should? Much of the recent deviations from Torah have been fueled by the Western-inspired rejection of any objective authority. “Don’t tread on me! And I have the right to worship G-d in the way I choose!”

Indeed that is so – just don’t call it Orthodox. There needs to be a modicum of intellectual integrity in the pursuit of innovations. Integrity would demand an admission that the advocates recognize that they have strayed from the traditional path of Torah, are mimicking some of the deviations of the traditional non-Orthodox movements, and that what they are doing may be new and attractive to some, but it just is not Orthodoxy.

That the RCA and the Moetzet of Agudah should issue similar statements within days of each other should be cause for at least a second thought on the part of the proponents herein. To be sure, the advocates and feminists will dismiss it as a sign of Orthodoxy’s “turn to the right,” that hoary but meaningless cliché. Could there be another possibility, maybe, just maybe? Can you consider, just for a moment, that maybe these rabbis and spiritual leaders – representing the overwhelming majority of the Orthodox world – genuinely consider these deviations as heresy? Perhaps proponents – and certainly the fence-sitters – should entertain that possibility.

As I have said for years, one of the considerations that make such statements painful for our side is that so many of the proponents of heterodoxy are nice people, they mean well, and are sincere in their pursuit of change within the Torah world. They have much passion and enthusiasm for what they do and for what they believe, and passion and enthusiasm are precious commodities in Jewish life. Feelings are wonderful sensations, but the strongest feelings do not change the substance of the policies or programs. They remain outside the Torah framework. The founders of the non-Orthodox movements were also passionate people, sincere in their belief that their “modernization” of Jewish law would save generations of Jews from assimilation. That they failed miserably in that quest should concern the proponents of “Open Orthodoxy,” who seem to be doing the exact same thing the non-Orthodox did a century ago and hoping this time for different result (remember Einstein’s dictum…).

Much of the reaction has been typical of the ideological true believer, doubling down on their approach without the slightest bit of introspection. In some circles, it has been distinctly modern, if not a little childish – appeals to Facebook, social media, satire, scorn, obloquy, and maledictions. (Are there people who really believe that Facebook “likes” and petitions are part of the methodology of psak?) To accuse rabbis who reject female ordination of being “sexist” is, to say the least, both unsophisticated and unbecoming. Surely proponents can do better, and it might help if they looked a little beyond themselves and even beyond the secular, progressive feminist narrative that seems to animate many of them. No more proof of that assertion is needed than merely noting that non-Orthodox female rabbis have been honored guests at the Maharat ordination ceremonies.

No one on our side of the divide, as far as I know, has ever responded to these issues without careful consideration of what is permitted and forbidden, what is desirable or undesirable. It should worry advocates that the Torah world – both men and women – vehemently oppose what they are doing. It should worry advocates that Nechama Leibowitz z”l would have been disgusted and horrified by what they are doing, not to mention the Rav z”l. This whole issue is viewed by many through the prism of feminism. They sit in judgment of the Torah itself and adjudicate what comports with feminist doctrine and what must be discarded. How sad. I was a student of Nechama Leibowitz (and not a very good one, I concede) in the 1970’s, and not because she was a woman. When I open her sefarim these days, it is not because she was a woman. Both were because she was a teacher of Torah who had something magnificent to contribute to the world of Torah scholarship. But when the Torah – and Jewish law, and Jewish life – are seen only as vehicles to further a narrow agenda, such a movement is bound to fail.

Obviously there has been too much defensiveness over the last few years among too many rabbis in articulating the truth of Torah, as if we should be embarrassed by any Torah doctrine – as if we have achieved a level of piety and scholarship at which we can sit in judgment of the Torah itself, G-d forbid. That is one cause of the official reticence that has bedeviled the ModOs for years already.  Some purported leaders were intimidated into silence. But the core division today in Jewish life is between two groups, one that loves the Torah and sees it as perfect (temima, in King David’s locution) and one that doesn’t love the Torah as is, nor as perfect, and wishes to change it to conform to their contemporary moral predilections. In a free society, they are certainly entitled to do that, even if the loss of Jews to the Torah family is distressing to the rest of us. Just don’t call it Orthodox.

Some have argued that the resolution causes a schism in Jewish life. Indeed, the opposite is true; the goal is to avert a schism. The schism was caused by those who decided to repudiate the Mesorah and challenge the nature of rabbinic leadership that has existed since Sinai. So, who exactly is being divisive – the adherents to tradition or those who have gone their own way?  Others have maintained that the resolution did not go far enough; undoubtedly, some voted against the resolution on that basis. A peculiar argument has been adopted by some who said they are opposed to women’s ordination but voted against the resolution because it was repetitive. Of course, the RCA also passed “overwhelmingly” this year a resolution (that has already disappeared into the ether) decrying the BDS movement – an exact repetition of past resolutions on the same subject. So why vote for that redundancy? Oh, well, consistency is so limiting.

And others have stated that there is a great battle going on for the hearts and minds of today’s young people who are enamored with innovation, suspicious of authority, and averse to any type of restrictions imposed on them by an external system. Sadly, those who embrace this attitude are already lost. There are reasons why the population of the Jewish people has not grown in 2000 years, and religious persecution is only one reason. There is another – the persistent lure of heterodoxy and other heretical ideas that mislead Jews into thinking that what they are being taught is also Torah. By the time they realize it is not, if they do, they have already left the reservation, in effect rejecting something – Torah – that they never really possessed or understood. And this happened regardless of how well meaning the teachers, proponents, and even rabbis were of these novel approaches to Torah. To read some of the heresies emanating from various promoters of the new faith – rejection of the binding nature of halacha, rejection of the divine origin of Torah, a disparagement of Chazal, et al – one shudders at the realization that this cannot end well, and we as a people will be repeating the same pathetic mistakes of the past.

Many of us still harbor the hope that the deterioration can be arrested, that some needed soul-searching can be done by the men and women who see themselves in the vanguard of this new movement, and they can remain within the camp of Torah.

But, until then, they should really stop calling themselves Orthodox. I appreciate the aspiration, but I appreciate truth and clarity even more.

 

G-d’s Hand in History

(The following was published as an Op-ed in the Jewish Press, on September 11, 2015 –  RSP)

Fourteen years ago today the clenched fist of Arab-Islamic terror smashed into the United States of America, murdering almost three thousand innocent souls, devastating lives, shaking America (at least temporarily) out of its complacency and nudging the American polity into several Middle Eastern wars. Those wars have not ended well; indeed, the situation on the ground has become more violent and deadly. The desultory and reluctant conduct of these wars by the Obama administration – snatching defeat from the jaws of potential victory – has left the region and the world on the verge of accommodating Iran’s nuclear ambitions and Iranian hegemony over much of the Middle East.

On an individual level, the brutal and unprovoked attacks on September 11, 2001 were a vivid reminder of the fragility of life. Thousands of people at work or on their way to work rose that morning in anticipation of a normal, uneventful day, just going about their daily routines until such time as they would return to their families and loved ones. Alas, their good-byes that morning were the last ones they would extend, their lives ended in sudden acts of unimaginable horror. When the Yamim Noraim begin, we remind ourselves repeatedly of our own vulnerabilities, the tenuousness of life itself, our gratitude for the gifts and opportunities

Hashem  has bestowed upon us – each according to His will – and of our rededication to utilizing those gifts and opportunities in His service. That is the judgment of the individual that consumes most of our attention.

But there is another judgment occurring on Rosh Hashana and Yom Kippurim whose stakes are even greater than the judgment of individuals, and which this anniversary of the Arab terror of 9/11 renders so palpable: the judgment of nations.

As we say in the Musaf of Rosh Hashana, in the blessing of Zichronot (“Remembrances”): “And of the nations it shall be said: Which one will merit peace, and which one the sword? Which one will suffer famine and which will enjoy plenty? And all creatures will be remembered and recorded for life or for death.” It is true that the suffering of nations is felt most in the travails that befall the individual – but it is also true that even innocent individuals can be ensnared in the tribulations of nations and suffer accordingly. We live as individuals, but we also have our fates intertwined with those of the country in which we reside and that country’s enemies and adversaries.

If we have some (emphasis, some) control over our own fates – “Repentance, prayer and charity avert the harshness of the [divine] decree” – how do we understand our almost complete helplessness in avoiding the consequences of the national judgments that also take place? Are we just pawns in history, bounced by forces beyond our control? Is it possible to understand G-d’s plan in history beyond the rough outline provided to us in the Torah and the words of the Nevi’im ? Is there a divine message that we can discern amid the murkiness and gloom of today’s global scene – in which country after country, seemingly without any end in sight, is battered by terror and war, refugees and displacement, evil and its bitterest enemy, apathy?

G-d’s ways are inscrutable, and even if the last chapter is known to us – the coming of Moshiach – the prior chapters are still being written and read. But one thing should be clear to all Jews: world events are designed to shake us out of our lethargy and embrace our divinely-ordained role in history.

The Gemara (Yevamot 63b) states that “punishment does not befall the world except on account of the Jewish people.” It is not that we bring misfortune to the world, G-d forbid, as our and G-d’s enemies are fond of saying; the exact opposite is the case. The Jewish people have brought untold blessings to mankind from the very beginning of our existence and down to our very day. The world benefits from the technological, scientific and intellectual genius of the Jewish people and is continually challenged by the moral code of conduct to which we aspire. That has been reciprocated, often and in many places still today, with hatred, overt or subtle, with physical violence and rhetorical scorn, and with persistent, baseless and scurrilous attacks on Israel’s legitimacy and/or conduct, all thinly-disguised assaults on the Jewish people.

Some wage open war on Jews across the globe. Others, especially the hostile elements in Europe and America, are still inhibited by the rancid Jew hatred of the Holocaust and so hide their contempt for all Jews behind the veneer of hatred for Israel – BDS and the like. All of this is contemptible and lamentable but little of it is new. It has accompanied us since Sinai, and the spasms of violence that erupt across the globe – so Chazal are teaching us – are on our “account.” When they fight against us, it is because they are waging war against the Jewish idea. But even when they fight each other, and bring enormous, unspeakable suffering upon themselves, at the root of their discontent is the distortion of the Jewish idea and a rejection of   G-d’s plan for mankind.

As Rabbi Berel Wein once explained, “it’s because of us but it’s not our fault.”

The Wall Street Journal (April 3, 2015) featured a graph that noted the current population of the world’s religions and their future growth. (By 2050, the global Muslim population will almost match the global Christian population, each near 2.8 billion people.) Today, there are 2.17 billion Christians, 1.6 billion Muslims, 1.4 billion Hindus, even 1.3 billion unaffiliated. At the very bottom of the graph – the last line – are the Jews, hovering at or above (!) zero. We are not even a rounding error in the world’s population, less than that. We are not just statistically insignificant; we are statistically improbable.

“Hashem did not desire you or choose you because of your numbers, for you are the smallest among the nations” (Devarim 7:7). Yet, history revolves around the Jewish people. We are not afforded the luxury of being bystanders but rather of being in the forefront of every major world event and discovery. Our national homeland was not placed at the end of the world – say, New Zealand – where we could safely develop our spiritual aptitudes far from the madding crowd and high above the fray but rather at the crossroads of civilization and in the middle of every conflict.

No nation in the world tries harder to do good to all – even strangers – and no nation is as despised and reviled for those efforts. What does it all mean?

It means that G-d chose us as His vehicle to bring His morality to the world and effectuate His will in history. Rav Shlomo Aviner is fond of quoting Giambattista Vico (1668-1744), the famed Italian philosopher and historian who posited – three centuries ago – that whereas the histories of the nations of the world are profane (meaning secular, guided by natural and political forces), the history of the Jewish people is sacred, directed by G-d, and not at all bound by the general laws of history. What applies to other nations and what happens to other nations simply do not apply or happen to us.

It is astonishing that Vico should have recognized that; it is even more astonishing when we – the Jewish people – do not and instead go about our business as if our destiny is that of all nations.

Rav Zvi Yehuda Hakohen Kook zt”l regularly expounded what he called “Masechet Yisrael,” the “Tractate of the People of Israel,” both because it was worthy of study and because it underscored G-d’s plan for us in history. He highlighted three phenomenal dimensions – wonders – of the Jewish people: the wonders of our abilities, our survival and our influence. (See, for example, Rav Aviner’s annotated edition of Rav Avraham Yitzchak Hakohen Kook’s “Orot, Yisrael U’techiyato,” footnote 266.)

We are an extraordinarily talented people, whose contributions to mankind have transformed the lives of billions of people. We need not even mention the disproportionate share of Jewish Nobel Prize winners, a mindboggling statistic that defies rational analysis. As a nation, we have been endowed by the Creator with capabilities that are designed to facilitate mankind’s pursuit of moral perfection, the material good and the welfare of all. The former is the very purpose for which we were given the Torah and prophecy.

The wonder of our survival continues to defy comprehension. No people has ever suffered the devastation of invasion, defeat, destruction, and exile – and twice – and then remained an intact nation that reclaimed its ancient homeland after 19 centuries. It is so inexplicable in human terms that it is the source of relentless irritation to our enemies, who deny it formally but are awed by it privately.

And, despite our insignificant and paltry numbers, the influence of the people of Israel on world events is itself astounding. Scarcely a day goes by without a Jew or the Jewish people in the headlines. The preoccupation of the world – actually, the obsession of the world – with the tiny State of Israel is a constant reminder to us of the expectations that the world has for the Jewish people, our outsized impact on social trends and political movements, and the uneasiness of the world’s powers with this upstart nation that, as the boxing saying goes, punches far beyond its weight class. It has been repeatedly noted that Jews have been in the forefront of great social and intellectual movements of the last two centuries – some good, some not so good – Jews like Freud, Marx, Einstein and others. Many of the high-tech innovations that have revolutionized modern life have originated in Israel.

These are all “wonders,” but none are inherently innate to the Jewish people. They are gifts from Heaven, all intended to provide us the tools with which we can carry out G-d’s will for mankind. Occasionally, perhaps more often than that, we have used these gifts inappropriately, for our own self-aggrandizement or for mere physical gratification, and forgotten or ignored the Giver and the purposes for which it was given. At those moments in history, we are sent reminders, sometimes gentle ones and sometimes less so, that we have strayed from the proper path. The road to return then opens before us, if our eyes wish to see and our hearts are receptive to the messages.

The Torah we were given, Rav Avraham Kook wrote (Orot, Yisrael U’techiyato, Chapter 5) is “not the imagining of the heart, not human ethics, not just worthy desires or appropriate fantasies, not the abandonment of the material world in any of its aspects, not the rejection of the body because of its ‘impurity,’ not the renunciation of life, society, government and authority because of their lowliness, and not the repudiation of the world and its natural forces that were corrupted by sinful man – but rather the exaltation of all of the above.”

This is the future towards which we are heading, notwithstanding all the challenges we face, the incessant Jew hatred that still afflicts too much of the world, the seemingly endless terror and war that is thrust upon us and other good people, and the rebuff of the Divine idea and moral code that is at the core of mankind’s discontent and moral perversions.

“Those who rise up against Israel rise up against G-d” (Tanchuma, Beshalach 16). It is a truism of history that wars against the Jewish people are a displacement for the real adversary that confounds our enemies – their war with the Creator (see Rambam’s Epistle to Yemen). We are simply convenient targets, but attacks on the Jewish people elicit a Divine response in history, and judgment of those nations ensues.

On the annual Day of Judgment, each person is judged both as an individual and as part of a nation. We live our lives not only to perfect our souls in this world but also to advance the goals of the Creator. If our personal judgments are enigmatic, then our judgment insofar as we are part of a nation is even more impenetrable. Those are the mysteries of life and are the exclusive domain of the Judge of all mankind. We can never comprehend why some lives were snuffed out by the godless forces of evil and other lives were spared. All we can do is thank Hashem for His blessings and commit our lives and resources to living in broad, historical terms and not just in the mundane matters of daily life.

The Gemara states (Sanhedrin 97b): “Rabi Eliezer said: ‘if the Jewish people repent they will be redeemed, and if not, they will not be redeemed.’ Rabi Yehoshua said to him: ‘if they don’t repent, they won’t be redeemed? Rather the Holy One, Blessed be He, will cause a king to rise over them whose decrees are as harsh as those of Haman, and they will repent and be restored to the good.”

The king whose decrees will spur our repentance is not someone like Nimrod, Pharaoh, Nevuchadnetzar or Titus; it is someone like Haman – a Persian descendant of Amalek who harbored genocidal ambitions against the people of Israel.

Some things never change.

And some things can change. When we realize our individual vulnerabilities, the opportunities we have been given and the great stakes before us, the moment for both individual and national teshuva beckons. May we all be worthy of inscription in the book of life, and may the current turmoil and our response to it prepare us for redemption and the coming of Moshiach.

The Sobbing Mother of Sisera

Is there a more peculiar intruder into our Rosh Hashana service than the mother of Sisera, the Canaanite general who fought against Devorah and Barak, and who is the reference point for so many of our shofar practices? The Gemara (Rosh Hashana 33b) was in doubt as to the precise nature of the teruah sound, because the Torah does not define it. But the Targum interprets that as a yevava, and the Gemara elaborates that it is written in the reference to the mother of Sisera that she “wailed,” Vateyabeiv. One opinion held that she groaned (like the shevarim) and the other held she wailed (like our teruah). So we do both. And all because Sisera’s mother wailed we know how to blow the shofar?

There is more. Tosafot there quote the Aruch, Rav Yechiel of Rome, a contemporary of Rashi, that we blow 100 sounds of the shofar to correspond to the 100 cries of Sisera’s mother. Again, Sisera’s mother. Who exactly are we talking about?

Sisera was the general of Canaan, who tormented the Jews and conquered others, who dedicated his life to killing and marauding, who, when he attacked Israel in this instance with overwhelming force – nine hundred iron chariots – was met by a smaller army led by Devorah and Barak, and was routed. He fled the battlefield into the arms of  Yael, who in short order fed him, bed him – and then killed him.

And Devorah sang about his mother (Shoftim 5:28-30) – even a killer has a mother: “The mother of Sisera sat by the window, gazing through the lattices, sobbing, ‘why does his chariot tarry in coming? Why are the wheels of his chariot late?’” And the princesses tried to comfort her:  “They must be dividing the spoils, seizing the maidens for themselves.” But Sisera’s mother knew better, and so “she wailed.”

It’s a poignant story until we stop and realizing that she is crying over his lack of success – this time – in murdering Jews and in conquering the land of Israel. Her son was exceedingly wicked, and we should curse the day on which she gave birth to him. So why is she the source of our shofar practices? What is it that happened to her that we want to recall?

Over the last few months, a number of people have asked me: is the world falling apart? Is this the worst it’s ever been – wars, plagues, terror, insecurity, uncertainty? The answer is – not by a long shot. But there is one thing to ponder, especially as on Rosh Hashana, when all nations are judged: “who will be afflicted by the sword, who will live in peace, who will suffer from famine, and who will have plenty.”

The Midrash (Midrash Tannaim Devarim 32) states: “Contemplate the years of every generation. There is no generation in which there are not some people like the generation of the flood, some like the generation of the dispersion, some like the people of Sodom, some like Korach and his cohorts.” Every generation contains these people. They are not unique.

If you think that those who forget the past are doomed to repeat it – you are wrong. Those who remember the past are also doomed to repeat it! “Contemplate the years of every generation.” Look around: every generation has vestiges of the generation of the flood, morally depraved and outspoken about it, not at all reticent and sometimes even boastful; every generation contains remnants of the generation of the dispersion, who deny G-d and set themselves over mankind as rulers and dictators; every generation has echoes of Sodom, its greed, selfishness and violence; every generation has its Korach, who denies the Mesorah and think they know better than G-d what the Torah should say. They challenge the Torah leadership with their populism and sophistry.

If so, what is new? To what is there to look forward? Is the whole script laid out for us? No. The Midrash continues: “each person is judged according to his deeds.” No one is compelled to be a Korach, or like Sodom, or like the generations of the dispersion or flood. It’s not all bleak – both Adam and Moshe were shown “the book of the genealogies of man” – “every generation has its seekers, its wise people, its scholars, and its leaders (Breisheet Raba 24:2). Every person has the ability to write his own page in that book, the Sefer Toldot Adam, the book that was originally published on Rosh Hashana, “this day was the beginning of Your work.”

Too often we think that we are set, we are who we are, and it is what it is. And nothing can change. Just another day, another month, another year, another Rosh Hashana. Sometimes it’s because we have given up, and other times because we are secure in who we are, certain about our course in life and our future. Everything is laid out for us, all going according to plan. We become very comfortable with our course in life, sometimes even with our sins – not even knowing or admitting they are sins.

We sit by the window, looking out at the world, and everything is familiar and recurring – until it is not. Rav Soloveitchik explained that Sisera’s mother had a routine. She knew he would win, even knew when to expect him back from the battlefield. She knew that he would return triumphant, with the spoils of war, with the laurels of his admirers, with the dread of the vanquished. She was certain – that was her life.

“The mother of Sisera sat by the window, gazing through the lattices…” As she sat there, she started to sob, then to wail, then to mourn. Her certainty – about herself, about her son, about his and her destiny – was an illusion. It wasn’t real. As she uttered the words – “Why does his chariot tarry in coming? Why is he late today?” – she already knew the bitter truth: her world had suddenly changed. There is nothing in life set in stone. Not my life, not my choices, not my fate.

If our generation contains Nimrod, Pharaoh, and Korach in some form, if it has its share of hedonists, sadists and terrorists of all kinds, that is an unfortunate reality. But realize that our generation also has its true seekers of G-d, Torah scholars, righteous people and purveyors of kindness. So be in the latter group – nothing is fixed – even in the most troubled era, “each person is judged according to his deeds.”

The shofar draws its inspiration not from the anguish of Sisera’s mother, and not because we feel sorry for her, but because we want the shofar to awaken us, to shake us, like it did Sisera’s mother, to grab hold of us and say “life is precious, life is short, there is much to do.” Take nothing for granted, not the least of which one’s religious level in life and one’s aspirations. Everyone can grow and everyone can improve.

The wails of Sisera’s mother are the quality of the sounds of the shofar that penetrate our souls, and her one hundred sobs are the quantity that we require to soften our hearts. We can’t change the world, only our small place in it, beginning with ourselves. Thus we pray that the sounds of the shofar will break through and signal our acceptance of G-d’s sovereignty so we may merit G-d’s mercies on us and our families, on our people, our land and our holy city of Yerushalayim, for a year of life of good health, prosperity and peace.

 

 

Versions of Conversions

There are few things that are not politicized in Israel and none more so than the interface of religion and state. Add to that society’s tendency to see every disagreement as a tempest and every tempest as a conflagration, and the news cycle loudly trumpets every innovation or deviation, extracts from them what is necessary to further the media or various interest groups’ agendas – and then moves on.

That and more explains the controversial decision this week by a group of Religious-Zionist rabbis to initiate their own conversion program, largely aimed at averting what is perceived as the crisis of status of Israeli immigrants from the former Soviet Union who are not Jews according to halacha – numbering at least 300,000 people and perhaps many more. The subtext is an attempt to bypass, weaken and perhaps even replace the Chief Rabbinate and all its constituents.

As there are already a small number of independent conversion courts, why then is this one – headed by Rav David Stav – so controversial? Why is the Chief Rabbinate against it? And why have many other Religious-Zionist rabbis – luminaries such as Rav Druckman, Rav Lior, Rav Levanon, Rav Baruch Efrati and others – come out vehemently in opposition to this new Bet Din?

Parenthetically, many of the main protagonists here are personally known to me, and I respect all of them. And, granted, it is never good when rabbis argue in public (or in private, for that matter). Of course, all rabbinic disputes are conducted for the sake of Heaven, except when they are not, and sometimes “for the sake of Heaven” has to be defined somewhat loosely. So what is going on?

There is a combustible mix of personalities, hashkafa, normative v. lenient interpretations of halacha, the perceived Haredization of the Rabbinate, bitterness over election defeats and genuine concern over the status of the olim from the FSU who are not construed as full Jews. Where to begin?

Proponents of the new Bet Din announced this week that they had converted a number of children, and child conversion has always been perceived as a way out of this morass. While adult conversion requires the full acceptance of mitzvot, the conversion of a minor who cannot formally accept mitzvot is done “al daat Bet Din,” upon the authority and with the approval and guidance of the Jewish court. It is as if the Bet Din stands in loco parentis and issues its guarantee that the child will be observant when he/she comes of age and has the right to renounce the conversion done on his/her behalf.

The operative principle is the Talmudic notion that we are allowed to confer a benefit on someone even if they are unaware it (as opposed to the assessment of a liability, which requires his knowledge and consent. The working assumption is that attaining the status of a Jew is a benefit – but (so holds the majority opinion) only if the child will be a practicing, observant Jew. To take a non-Jew, convert him, and serve him a ham sandwich renders him liable for actions that were permitted to him in his prior situation. That would be unfair to the convert.

Here’s the dilemma: if a child is born to a non-Jewish mother, or is adopted from two non-Jewish parents, and is then raised in a home that is not observant of mitzvot, can the Bet Din credibly say that the child will live as an observant Jew? On what grounds could such a presumption be made? In a centralized conversion system with defined rules, such a child might be converted only if the parents embrace fundamental mitzvot such as Shabbat, Kashrut, membership in an Orthodox shul and a commitment to send the child to yeshiva. That gives confidence to the Bet Din that the child will not only be Jewish but live and behave like a Jew.

It is an open question whether such is possible in a decentralized, independent system in which no demands are made on the parents and the motivation to convert lies outside the system of halacha and is rooted in nationalist concerns.

Thus, the other day on the radio, one of the proponents of the new Bet Din was underscoring its importance to Israeli society by engaging, unbeknownst to him, in a series of non sequiturs. He explained that leniency is required in all these conversions because there are too many people living in Israel who are not Jews but speak Hebrew, serve in the army, interact with society and marry Jews. “The rate of intermarriage is escalating!” All that might be true but is not really relevant. Hebrew speech, army service, and participation in Israeli society may define someone as an Israeli but it does not make them a Jew according to halacha. There are thousands of Sudanese children who speak Hebrew; that doesn’t make them Jews. Even the fear of intermarriage cannot be allayed by mass conversion of those ineligible, as the American experience teaches us. Frivolous conversions designed to forestall intermarriages just lead the parties to discount the necessity of conversion altogether. Becoming a Jew should require something more than becoming a member of AAA.

Some want to rely on a minority view that people with Jewish fathers (“zera Yisrael”) should have an easier route to conversion. There is some logic to that, especially when those individuals always saw themselves as Jews. They do not feel the sense of displacement of their prior lives that converts who are complete outsiders have. But the classical sources recognize only the full acceptance of mitzvot – accompanied by the requisite ritual acts – as the tickets of entry into the Jewish people. Zera Yisrael, as a mitigator of Kabbalat Hamitzvot, is something new, as it tends to undermine the conventional standard of Jewishness determined by the mother’s status.

The ease with which the radio speaker conflated Israeli-hood with Jewishness belied the reality that those two designations intersect but are not identical. The proof is that there are over one million Israelis who are not Jews. Moreover, the speaker’s contention that the conversions planned for adults will entail full “Kabbalat Hamitzvot” is also not credible; if it were, the authorized Bet Din of the Rabbanut could do (and does) the same. Obviously, then, the standards have to be reduced in order to accommodate the purported masses who wish to convert but cannot do so (only a few thousand apply to convert now annually in Israel) because they cannot or will not embrace the mitzvot.

This is not to belittle the problem, which was caused by the mass immigration of Soviet citizens under a Law of Return that employed Hitler’s standard of Jewishness (one Jewish grandparent) rather than that of the Torah. But the problem is not solved by creating a second tier of converts whose status will be disputed from generation to generation. And, as noted here repeatedly, the Knesset or Supreme Court can determine who is an Israeli. It has no authority to alter the requirements for conversion to Judaism any more than it can change Shabbat from Saturday to Sunday. Of course if the parents genuinely grow in their Torah commitment then the conversion of minors will be effective and resolve most of the problem within a generation or two.

But the solution to a Torah problem does not rest in abrogating Torah principles but in handling all cases individually and sensitively.

That is easier said than done. The Rabbanut has been plagued for quite some time by the presence of some petty bureaucrats who seem to delight in posing obstacles, fabricating demands and even challenging the acceptability of conversions from rabbis whose conversions were properly accepted – and for a long, long time. In truth, little of this is ever known by the Chief Rabbis, any more than the CEO of a manufacturing company will know whether or not the floor worker is tightening every screw. He won’t – but he will have to pick up the pieces when it is discovered that the screws were not tightened properly.

These indignities are too common. A venerable rabbi originally from North America just told me of his dismay in having a conversion of his rejected by a bureaucrat forty years younger than him who merely said “I don’t know who you are,” even if older rabbis there did know and accept him. That is disgraceful, but not as much as the rejection of the young woman who had converted as an infant, was raised fully observant and now told she had to re-convert in order to marry in Israel.

That type of “tormenting the convert,” a Torah prohibition, should invalidate any rabbinic bureaucrat from serving in that capacity, for he is less observant that the people on whom he is sitting in judgment. That too has to change, and competition in that sphere would be wonderful except for the chaos that it causes.

And chaos is would be. Rav Stav ran for Chief Rabbi, campaigning for the establishment of the very Bet Din that he has now established. But he lost, and post-election recriminations never look good. And changes are afoot even in the Rabbanut, but all bureaucracies grind slowly if they grind at all. The Chief Rabbi, Rav David Lau, is perceived as a typical Haredi by those who do not know him, but…and what if he were? If the Haredi world are the holdouts in preserving the purity of Torah law from the modernists who often yearn to shape the Torah according to the prevailing winds, then so be it. We need them.

The irony is that Rav Kook wrote that the galut was noted for its fragmentation of Jewish life whereas as we move closer to the Messianic era – including the re-establishment of the Jewish state – we would once again merit “rikuziyut,” centralization of religious function and national life. Centralization – the bane of modernists who seek the freedom to innovate and compromise without consequences – is actually an indicator of growing unity in the Jewish world that will render us amenable to the coming of Moshiach. Odd, indeed, that the so-called Haredim wish to preserve the Rabbanut (of course, I recognize that they use it largely for their own purposes and discount it when they wish…) while some of the followers of Rav Kook wish to dismantle it. Strange world!

Not every single problem can be resolved. Life is complicated, and the complicated is complicated for a reason. But individuals who genuinely want to be – or have been for decades – part of the Torah world should never be scorned, turned away or disparaged.

What cannot be gainsaid is the assault on rabbinic authority implicit in this new Bet Din (as well as others that have sprung up across the Jewish world because they have found “solutions” to intractable problems, those “solutions” simply being rejected past practices). As this Bet Din undermines the authority of the Rabbanut, so too some other group will reject the authority of the new Bet Din, as a fourth will then spurn the authority of the third. The result is anarchy and the complete collapse of any enduring sense of Jewish nationhood and the unity of Torah.

There is a better way, and it would be best if all parties stepped back from the precipice and found that better way through dialogue of the wise rather than the acts of the impatient.