What Threatens the World and the Rabbinate? by Rav Yoel Bin Nun

July 4, 2013

What threatens the Torah world and the rabbinate? It is not the “draft decree” into the IDF, nor the “equality of burden” proposal, nor even budget cuts or the elections for the Chief Rabbinate. All these things do not threaten the Torah world or the rabbinate in any way.

If the elite members of the hareidi yeshivot will serve in some form or arrangement, their Torah world will only grow and deepen. This will be especially the case with those who are talented, especially with the Talmidei Chachamim amongst them.

During my service in the IDF, both during my initial service and during reserve duty, I was forced, by circumstances, to engage in in depth study of sugyot (areas of Talmud) and halakhot that by and large are not generally studied, such as Hilkhot Eiruvin as I was obligated to construct an eiruv by myself in the field during training missions, on more than one occasion, and of course to check the eiruv every Friday. In addition, I learned many laws of Kashrut and Shabbat in depth during my service in the IDF, because that is where one is confronted by many unusual circumstances. It is impossible to study daf yomi or the pristine sugyah in the standard tractate that is learned in the yeshiva. In the IDF one learns to live by the Torah in all situations, even in difficult circumstances, and on Shabbat one cannot simply call one’s posek.

If I had my druthers, I would test all of the bnei yeshiva in the country in Hilkhot Eiruvin and the like in order to demonstrate to the rashei yeshivot that it precisely the most talented and capable students who should serve in the IDF.

In the quota of those exempt from service in the army, if implemented, I would only include those whose religious commitment is weak and who may end up abandoning Torah observance during their service-as they are the ones who will not be asking the questions in Hilkhot Eiruvin.

In such a scenario, the quota of exemption would become a sign of shame, and the service in the IDF a symbol of pride for the Torah world (even that which is not Zionist). This is what is correct from a Torah and halachic perspective.

In passing, it should be pointed out that the members of the tribe of Levi in the desert also had a quota, and it is explicit in the book of Numbers. He who relies on the words of Maimonides (at the conclusion of the laws of Shemitah and Yovel) and compares yeshiva students to the Levites, cannot be opposed to a quota that limits the amount of who is exempt.

 

The Threat of the Agunot

What truly threatens the Torah world and the rabbinate?

The women- just the women. And it is not the women who may be joining the body that elects the Chief Rabbis of the State of Israel. It is the women who are suffering, the women who are abused and crying, the women who are agunot and are refused a get. It is they that threaten the Torah world, with the potential of leading to its utter destruction, God forbid.

Why?

As the Talmud teaches (Ketuvot 2b-3a) “Because of the meek (tznuot) women and because of the uninhibited (perutzot) women [the rabbis were lenient and accepted the validity of a get that was not technically valid].”

In the world of truth that Hazal inhabited one gave a get immediately. One did not wait a month or a year. A man could return and marry the women he divorced and so there was no reason to postpone the giving of the get. Only for a Kohen who was prohibited from marrying his divorced wife, would they write a special type of get (get mekushar) in order to postpone the effectuation of the divorce in case he might have second thoughts. This also lasted a far shorter time than the quickest get procedure in today’s rabbinical courts.

It is enough simply to look at the statistics provided by the rabbinical courts themselves. In Israel, there are currently 200 women who have not received a get after a rabbinical ruling that the husband must give a get. It is known, of course, that such a ruling is not given immediately and has only come after many months, years of deliberations in the rabbinical courts. There are also 200 men whose wives refuse to receive a get for various reasons. However, these men can live with other women and even sire children who are halachically kosher. If we examine the numbers of women who have not received a get from a recalcitrant husband, whose cases are being stretched out in the rabbinical courts, and who have not yet received a ruling, the numbers reach into the many thousands.

What happens to the women who are agunot, whose beloved of youth has abandoned them, and in many cases already lives with another woman?

The “meek (tznuot)” amongst them weep, and their tears reach the heavenly throne because the gates to accept “those who are oppressed” and the gates to accept “tears” are never closed (Bava Metziah 59b) And when a tear fell from the eyes of the wife of Rav Rachumi, who was expecting his return on Erev Yom Kippur, and he was immersed in his Torah learning and di not return to his home as was his yearly habit, Rav Rachumi died (Ketuvot 62b).

The “uninhibited (perutzot)” amongst them say, what can I do if the rabbis and judges do not pay attention to me, and allow the man to make demands and conditions for giving the get. In such a case, I have no choice and I will also find myself a man to live with, for I cannot carry such a heavy burden, the burden of raising children and my own personal burden, all alone. And then, God forbid, there is adultery, and it becomes viewed as justified, because it is done out of sense of “no options” available, viewed by many men and women as something akin to an oness – a situation in which one is coerced into a violation, so much so that many lawyers and rabbinical advocates admit that such a reality can often spur the rabbinical court to move with a bit more alacrity to resolve the situation.

What did Hazal , in the rabbinical court of truth state?

“Whoever betroths a woman, betroths on the (condition) of the acquiescence of the rabbis” (Gitin 33a). They found ways to uproot the kiddushin (betrothal) and the nissuin (marriage), if there was no other path available such as in the case that a man sent his wife a divorce via an agent and then canceled the agency in the middle of the mission.. Now all rabbis in the world, all of us, teach grooms to recite the formula “According to the laws of Moses and Israel” under the bridal canopy. “Israel” is a reference to the rabbis who stand under the canopy with the grooms and brides. However, we do not stand with the women when they find themselves in their difficult hour, when they request a get.

It is clear, that in the court of truth of Torah, the burden falls squarely on the shoulders of the rabbis and their disciples, and the adultery of the women who wait months and years, all alone is the responsibility of the rabbis before God.

The tears of the meek women also will determine the judgment, and may possibly bring a destruction of the Torah world and the rabbinate. It is impossible to know which is more serious—adultery caused by a sense of having no option or the tears of the women refused gittin, who will never be able to live with a man without a kosher get.

 

The Responsibility of the Rabbis

If the rashei yeshivot, rabbis, rabbinical court judges and poskim, thought that they would stand before the heavenly court and be held accountable both for the adultery and the tears of pain, and that their entire Torah would, God forbid, be tuned against them as an agent of prosecution, if they understood that the Master of the Universe stands: “By a wall made by a plumbline, with a plumbline in his hand” (Amos 7:7 see Bava Metziah 59a), that is that there is no protective wall, and everything  is breached, they would immediately come together- Lithuanians and Hasidim, Sefaradim and Ashkenazim, Zionists and Hareidim, Moderates and Zealots in order to make decisions- not as to who will sit on the chair of Rav Kook, the founder of the Chief Rabbinate of Eretz Yisrael, buit rather on the question as to what the Chief Rabbis and all the rabbinical courts should do to save themselves from the guilt of adultery and the tears of the women that rest on their shoulders.

However, those who grab hold of the Torah do not truly believe that the Master of the Universe stands upon “the wall made by a plumbline, with a plumbline in His hand”. They shut their eyes and do not see the adultery that they cause to the “uninhibited” women and do not hear the cries of the “meek” women who have not received gittin at the hands of recalcitrant husbands.

They only hear the threat of women being included in the body that will elect the Chuief Rabbis, and will soon quote for us what Rav Kook wrote about women being elected or having the vote, without understanding the full import of the position of Rav Kook and his son Rav Tzvi Yehuda on this serious question.

For many years, rabbis and dayanim have told me that it is only permitted to teach Tanakh based upon the midrashim of the sages. Listen carefully to what the rabbis stated about the destruction of Shiloh together with the Tabernacle that exited in Shiloh.

In the book of Samuel 1 (Ch 2:22) it states: “Eli was very old and heard all that his sons were doing to all of Israel, and that which they would sleep with all the women who would congregate by the Tent of Meeting”.

Rashi and Radak interpreted the text according to its plain sense and then cite a midrash of Hazal (as is my practice as well in teaching). However, most rabbis in our day only teach this according to the words of hazal. And this is what it states in the Talmud (Shabbat 55b). “Whoever states that the children of Eli sinned is mistaken…rather because they tarried and did not bring the sacrifices of the women who had given birth (in a timely fashion) thus causing them not to be allowed to be with their husbands, The Torah considers it as if they slept with these women.”

It is a clear kal vachomer (a fortiori argument). If the Talmud considered the sons of Eli who prevented women from engaging in procreation for a number of nights (until they paid up the terumah that the sons of Eli demanded –see Samuel 1:2:12-16) as having slept with these women, (of having committed a grave offense)-and thus it explained the words of the prophecy, what will be the judgment of the rabbis and dayanim who postpone and prevent the giving of gittin for months and years. According to the sages this can be considered similar to the actions of the sons of Eli, as they harm the women who congregate at the doors of the rabbinical courts begging to receive a get according to halacha.

It is for these actions and inactions that the Torah world and the rabbinate may, God forbid, be destroyed just as the Tabernacle at Shiloh was eradicated.

 

Rav Yoel Bin Nun is the former rosh yeshiva of Yeshivat Kibbutz Hadati and a founding faculty member of Michlelet Herzog of Yeshivat Har Etzion, and a faculty member at Yeshivat Har Etzion and other Torah institutions. He is a pioneer of the modern day study of Tanakh in the Religious-Zionist world in Israel and beyond and a leading thinker, activist and educator in the Torah world. This essay originally appeared in Hebrew in the June 20th edition of Makor Rishon. The essay was translated into English by Rabbi Nathaniel Helfgot.

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Women’s Participation in Ritual: Time for a Paradigm Shift – by Rabbi Zev Farber

October 15, 2012

Today, the baseline in any Orthodox community is that women do not participate in public ritual at all. In the average Orthodox synagogue, there is not one thing that women do which is part of synagogue performance. Their presence is not felt and their voices are not heard. The paradigm for women’s ritual participation in the Modern Orthodox world must change.

Although what I described above is standard, in some Orthodox shuls women have complained that they feel excluded and marginalized. In the best of shuls there has been an attempt to accommodate their feelings and various solutions have been offered. Some synagogues are unwilling to accommodate the women in the actual prayer space, but allow them to have a separate women’s prayer group, often based around a Torah reading ceremony of some kind. Others have passively recognized women in the synagogue, e.g., meḥitza down the middle, carrying the Sefer Torah into the women’s section, etc. or allowed some active participation, e.g., opening the ark, saying a mi-she-beirakh, reciting qaddish, etc.

Instead of focusing on specific solutions, I wish to describe what I see as the overall problem with the process of coming to solutions. As described above, we begin with the assumption that women currently lead no prayers and play no public role in the synagogue service. If a group of women in a given synagogue feel that this is insufficient for them, they can come to the rabbi with a complaint and he will think about what he may be willing to do to accommodate them. In my opinion this process is seriously flawed, even if in a given case the outcome is satisfactory for the women. Why is it that we have no expectation that the rabbi will work actively to expand opportunities for women? Why is it that the synagogue automatically assumes that the baseline should be no participation and that women need to put themselves out there, at a real risk of humiliation and disappointment, before even the smallest action will be taken on her/their behalf?

I would argue that the reason the impetus for change has fallen so squarely on the shoulders of women stems from the fact that we are still living under an antiquated and obsolete paradigm. Although there are a number of Talmudic pericopae (sugyot) that discuss technical questions surrounding differences between men’s and women’s obligations in prayer and related halakhot, this does not really explain the stark difference between the place of men and women in the synagogue. The larger issue, I believe, is sociological in nature.

In the Rabbinic period, as well as throughout the Middle Ages, the place of women in the social hierarchy was very different than it is now. Women were rarely public figures and were discouraged from receiving too much education, taking visible public roles, participating in the power structure, and generally from being around men. If any woman were to express superior learning or knowledge than a man in front of a group it would have been a serious breach in etiquette. This is why, according to Tosafot (b. Sukkah 38a, s.v. “be-emet”), women do not lead the Grace after Meals for men or read the Megillah for men, since it would be insulting to them (zila milta). For the same reason, R. Israel Meir Kagan, in his Mishna B’rurah (281:4) argues that women should not say Qiddush for men, at least in public. The Talmud offers a similar reason why women do not read from the Torah in synagogue (b. Megillah 23a), although they are apparently eligible to do so, as it would offend the honor of the congregation (kavod ha-tzibbur). This sociological stance, typical of the classical and medieval periods, goes a long way in explaining why the common practice is not only that women do not lead the repetition of the amidah (which requires a man who is obligated in this prayer service) but they do not even participate in p’tiḥah (taking out the Torah) or lead p’suqei de-zimrah (the pre-prayer psalms), neither of which has any halakhic requirements for who should lead it at all.

The sociological realities nowadays are entirely different. In our world, women hold every position of respect and power in the public sphere as men do. Women serve in Congress and the cabinet, women are judges, doctors, lawyers and police officers. The idea that a group of modern Western men would feel offended if a woman were to perform a public function in a synagogue should be laughable, except for the fact that they may think it a religious violation. But it is only a religious violation since the rabbis believed that the men would be offended. It is a vicious cycle that continues nowadays only due to the unfortunate combination of inertia, obliviousness to halakhic sources, and paternalism.

This is where I believe the paradigm shift must occur. To break out of this vicious cycle, we need to shift the paradigm 180 degrees. Instead of saying that since women have never historically participated in public ritual, so each shul and each rabbi will—upon request—think about creative ways to allow women to participate ritually in things that are permitted, we should be saying that all Jews, men and women, can do or participate in any meaningful ritual unless it is clear that halakha expressly forbids this. How to define what halakha forbids will be a question every shul and rabbi will need to answer, but the inertia factor and the women-don’t-do-these-kinds-of-things factor will have to be taken off the table.

In discussing this issue with others, I have sometimes heard the accusation that women are just trying to copy men. For example, in discussing women’s Torah reading ceremonies, which occur in a number of Modern Orthodox shuls around the world, including the shul where I daven, (thanks to the initiative of a number of women and the sensitivity of the rabbi), I have heard people—not from my community—ask “why would women want to read from the Torah anyway? Is it just because men do it?” I have also heard the related claim: “They are just doing this to make a statement. Women should be more tzanua (modest) about such things.”

These dismissive statements are out of touch with the spiritual and sociological reality of the synagogue service. Women do not want to read from the Torah because men do; women and men both want to be called to the Torah because participating in the reading of the Torah is considered an honor (kavod) due to the great respect all Jews have for the Torah and the Torah scroll. Every man who gets an aliyah receives a myriad of hand-shakes and yeyashar koḥakha’s—and this is true on a regular Shabbat. On Simḥat Torah the average shul breaks out all the Torahs so that every single congregant—male congregant—can be called to the Torah. Afterwards, the real kibbudim (honors) begin.

A year or so ago, I received the Ḥatan Torah honor (the aliyah where the last section of the Torah is read). It was quite an honor. There was a speech about the work I do for the shul, there was a very long and overly flattering Hebrew prayer/song sung by the gabbai, and while he was doing so four men held a ṭallit over my head as if I were getting married. Needless to say, only men get this honor. One can use many adjectives to describe this kavod, but tzanua (modest) is not one of them. It seems rather disingenuous for men who receive these honors and take their access to the Torah for granted to then ask what possible reason could women want to be a part of this. It is totally unfair to create a society in which access to the Torah is considered the greatest honor, bar women from it, and then turn around and ask what their problem is.

Another critique that I have heard of women who want more ritual participation is that “most of these women hardly do what they’re supposed to already; they come late to shul on Shabbat, they aren’t punctilious in their own mitzvah observance, they don’t do any extras like shaking the lulav and etrog or praying three times a day. Why should they get to do extras when they haven’t even covered the basics?” I see two basic problems with this critique.

First, they should be granted access to ritual possibilities because it is their right. Since when is the shaking of a lulav the prerequisite to opening the ark, reciting a mi-she-beirakh or dancing with a Torah scroll on Simḥat Torah? Second, even if a rabbi were to say that in his fantasy world he would only give kibbudim to people who were religiously “up-to-scratch,” I do not believe that he would feel that he could implement such a policy with men. For the life of me I cannot imagine a rabbi taking a Torah scroll away from a man on Simḥat Torah on the grounds that he comes late to shul on Shabbat, or announcing a policy that aliyot in his shul would only be given to men who show up consistently for weekday minyan. However, this is essentially what is being done to women who are told that since they do not daven enough, come to shul enough, do enough mitzvot—what have you—their desire to participate ritually in some way in the synagogue will be denied.

This leads to my final point, which is the issue of power structure. Women are finding it very difficult to make changes in their synagogues because they do not really participate in the power structure. In general, women in the Orthodox world are less learned than the men (due to the structure of yeshiva education), and there are virtually no female clergy in the Orthodox world. Happily, both of the above are changing, but the change is slow, and, therefore, it is critical to have men in our synagogues who understand the significance of changing the paradigm of women’s ritual participation. However, the real work will only begin once women are an integral part of the power structure in the Modern Orthodox world. Only then will the important and difficult conversations about the role of men and women in Orthodox Judaism today take place in a fruitful way. Until then I can only call out with my male voice to my colleagues in the Modern Orthodox world: change the paradigm now and let’s feel the presence of the women in our synagogues and hear their voices—the time is way past due.

Rabbi Zev Farber, Atlanta


The Real Demographic Threat in Israel: Ultra-Orthodox taking over the Knesset

December 28, 2011

Anyone who reads this blog is almost certainly horrified by the violence, hatred and downright nastiness of the Ultra-Orthodox terrorists who are so cowardly that they are trying to intimidate the Dati Le’umi, Religious Zionist community by attacking their children going to school. But we need to recognize that because of the current system of government in Israel, nothing can happen while the Chareirdi, Ultra Orthodox have so much power in the Knesset because of their organizational skills and sheer numbers. Moreover, with their huge birthrate – thank God for more Jews! – they are going to have more influence in the years to come, not less.

So it is time to reconsider something that some of my Right wing friends are suggesting: Israel should annex – unilaterally if need be – the West Bank, Yehuda and Shomron, and give the 1.7 million Arabs living there the vote. That will throw off the demographic strenglehold of the Chareidi parties by shaking up the make-up of the Knesset. No doubt many of those Arabs will vote for the Leftist, more secular parties. In addition, to deal with the imbalance of Arab votes, Israel should open the gates to more Jew-ish people from Africa and South America and combine them with the Jew-ish people from the former FSU to build a fire-wall against the Chareidi Ultra-Orthodox parties. The Ultra-Orthodox will not embrace these Jews or quasi Jews from Nigeria and Unganda – in fact, the Conservative world has done more to reach out to them than anyone else. So we will have the perfect balance in Israel to recalibrate and minimize the power of the Ultra Orthodox world and restore Israel to the “status quo” that existed in the early decades of the State, when Shlomo Goren and much more tolerant and Zionist religious Jews dominated the Jewish scene. This is not a joke: Israel, in my mind, is suffering from forms of xenophobia that are keeping the United States back as well, when we compare it to the growth and success of Australia and Canada which have successfully allow immigrant populations to provide diversity and balance.

I welcome the conversation…

Rabbi Asher Lopatin