Archive for June, 2019

Daniel Boyarin on Judaism and “Judaism”

If you ask a member of the Hopi tribe, “What is your Hopism?” you won’t get an answer. You can also ask a Romany (Gypsy), “What, actually, is Romanism?” And then meet a Druze and ask, “Excuse me, what is Druzism?” In each case you will have to suffice with the perplexed look of your interlocutor, as though there’s something very basic that you don’t seem to understand. That something has to do with the form and type of the entities about which you’re seeking clarification. Simply put, they are not ideological or religious constructs, but ethnic groups possessing a particular social-cultural heritage.

It’s hard for us to discern this, because our worldview – deriving from the modern Western approach – makes every effort to deny their existence. We are accustomed to subsume every large human group under two primary categories: nation and religion. The two categories are connected at their point of birth: The modern era introduced the nation-state, a political entity in which a particular people acquires self-determination; and religion, which is separate from the state, and with which people are free to form relations privately. Religion, in the sense of being a conception, a totality of the beliefs that an individual chooses to adopt, was born together with the nation-state, and completed from the private angle what the state provided from the public – which is to say, it conferred affiliation and meaning. But the one has nothing to do with the other. As Jesus proposed, unto Caesar is rendered that which is Caesar’s and unto God that which is God’s.

Like the Hopi or the Druze, it’s also difficult to associate the Jews with one of the two alternatives. They are not only a nation and not only a religion, nor are they simply a nation that practices a religion. In recent years a number of books have been reexamining the modern (that is, Western-Protestant) perception of Judaism. Leora Batnitzky wrote a brilliant introduction to modern Judaism, titled “How Judaism Became a Religion”; in his book “Anti-Judaism: The Western Tradition,” David Nirenberg discussed the construction of Judaism out of the Christian need for an eternal antagonist; Yaacov Yadgar dwelt on the Jewish anomaly that is expressed in Israeli nationalism in his book “Sovereign Jews: Israel, Zionism, and Judaism”; and last year saw the publication of Daniel Boyarin’s “Judaism: The Genealogy of a Modern Notion” (Rutgers University Press), to which the following comments are addressed.

It is almost superfluous to introduce Boyarin, a professor at the University of California, Berkeley, and one of the greatest living scholars of the Talmud. For the past 30 years he has been a central signpost of contemporary directions in Jewish studies. From the outset of his career he interwove philology with techniques of literary criticism in order to understand the Talmudic text, and beyond that in order to introduce the Talmud into contemporary academic literary discourse. Boyarin possesses the ability of looking at the seminal texts from the scholarly angle and from the traditional angle alike, and with a combination of an astute analytical capability and a sly tendency toward provocation, almost every book he’s published has left a concrete imprint on the research in the field.

If one can distinguish a recurring motif in his work, it is the tension and cross-fertilization between rabbinic Judaism and Christianity (with a probing glance at the Hellenistic world as well), both in the Second Temple period and today. He has devoted considerable attention to the point at which these two traditions were born, in the same place and at the same time, amid brotherly rivalry beneath which lay a common biblical origin. In the course of examining the relations between the conjoined traditions, Boyarin devotes requisite space also to an examination of their approaches to gender and sexuality, weaving critical elements from feminist discourse into the fray. The critical gaze at the tension between Judaism and Christianity enables Boyarin repeatedly to dismantle frameworks of modern categorization, such as, in our case, “Judaism” and “religion.”

His latest book thus joins a series of studies that call into question the popular-naive conception of Judaism. Starkly put, Boyarin asserts that until a few hundred years ago, there was no such thing as “Judaism,” in the sense of an abstract category of thought and thus of life. Indeed, the term is not found in the Torah, Prophets or Writings, the Mishna or Talmud, the works of the early medieval Geonim, of Rabbi Judah Halevi or of Maimonides. None of them knew of the existence of such a thing as “Judaism.” The term’s first appearances date from the 12th century (for example, in the “Midrash Sekhel Tov,” by Rabbi Menachem Ben Shlomo), and even then it denotes not a particular culture or a particular religion but a condition – that is, the condition of being a Jewish person.

In his book, Boyarin traces the origin of the term, naturally not confining himself to Hebrew but also investigating the Greek loudaismos, Yiddishkayt in Yiddish, Judentum in German and “Judaism” in English. The author arrives at the conclusion that “Judaism” is not a Jewish term. Jews talk about the people of Israel, about Hebrews, about the Israelites and the Sons of the Covenant and several other collective attributes, but not about any sort of faith-based or theological structure. This notion of religion originates in Christianity, which began as a voluntary framework (after all, one wasn’t born Christian in the first century) and emphasizes correct faith.

Concurrently, the Jewish sages underscored affiliation with the ethnic collectivity and the observance of laws and customs. It was only beginning in the 16th century that the term trickled slowly into use as denoting religious belief – as something that occurs in the individual’s heart. Not coincidentally, all this arrived together with the Reformation, which split the Church and necessitated a reorganization of theological and meta-theological concepts in Europe.

Until the 19th century, Boyarin notes, it is impossible to find “Judaism” as the subject of a sentence. There is no “Judaism” that believes in one thing or another, there is no “the essence of Judaism.” Those attributes emerged only when modern Jewish avenues were compelled to define themselves: namely, when traditional Jewish society in Europe underwent dramatic processes of modernization and when Reform and Orthodox Judaism evolved. The two denominations sought to determine the basic principles of “Judaism,” each for its own reasons.

The Jewish tradition, then, increasingly resembled the Christian tradition, for it set out to integrate itself into the (modern Western) Christian world. For Christianity, this was of course very convenient. Boyarin makes clear how, already from the first centuries of the Common Era, Christianity constructed Judaism as the fundamental “Other,” vis-a-vis which it defined itself. In other words, there is no “Judaism” other than in a Christian context. There are of course Jews, the halakha (traditional Jewish law) exists, and so forth, but there is no abstract and general term other than through the Christian eye and against the backdrop of Christendom.

With the advent of the Emancipation, “Judaism” became the “religion” of the Jews, a development that helped them exceedingly to integrate into the emerging nation-states – thus, for example, a person could be a “German of the Mosaic faith.” The Jews became equal citizens in Western Europe. That process, Boyarin writes, “destroyed Yiddishkayt as a form of life.”

Which is true: The Jews’ traditional way of life was eradicated. In places where emancipation did not occur, Jews continued to maintain “traditionalism” – so it’s not surprising that Jews who immigrated to Israel from Muslim countries had a completely different attitude toward their Jewish identity than their European brethren. The Judaism of the traditionalists, beginning in the late 18th century and today as well, is not “religion” or “nationalism,” but a comprehensive ethnocultural identity.

Of course, Boyarin understands that there is no way back. Even though he is critical of the modern configuration of Judaism, he, like all of us, derives no little benefit from it. Himself an observant Jew, Boyarin is known as a firm critic of Zionism who perceives the Diasporic Jewish existence as a more authentic and worthier form of Jewish life. His vision involves the establishment of Jewish communities in the Diaspora that would take part in a joint national project with other groups and foment communal Jewish life. But this is achievable today only within a liberal democratic framework, namely the Christian-Protestant model that renders Judaism solely as a religion.

Boyarin in his office

Liberal Jews?

In an effort to understand Boyarin better, I met with him for a conversation. I asked him about the Christian – specifically, the Pauline – idea that presupposes that we are all first and foremost individuals, and about the fact that this is not only a potent and highly attractive notion but is also, ultimately, a highly advantageous one. After all, liberalism, which is based on this idea, created a beneficent world in which we, as Jews, can also live a secure, thriving life.

Boyarin said that he is definitely not a liberal. “We, the Jews, maintain that a human being is not monadic: Humans do not exist on their own and are not autonomous to decide personally what they are and who they are,” he explained. At the same time, he noted, “The depiction of Jewishness as a non-chosen condition into which one is born does not theoretically inhibit recognition of equality by the state.”

Nonetheless, I asked, isn’t the idea that all people are equal and have inalienable rights based on the Christian perception of the individual as being endowed with universal reason and free choice, which are situated in a nonmaterial soul? In other words, our conception of human equality is rooted in an inner essence that is considered more meaningful than any external feature (such as skin color, ethnic origin or different sexual organs). It’s only on the presupposition of an inner persona, hidden and autonomous, that we legitimize ethical ideas and institutions, such as the social contract, human rights, feminism and transsexual journeys. I have my own reservations about the modern occupation with inwardness, I told Boyarin, but we are bound to recognize that it has engendered much that we cherish.

“I don’t think I share those views about inner essences,” he said. “Is shared physicality not sufficient for solidarity? We resemble others, we mate with them, even when we don’t pretend we don’t, and we use language like them. They are us.”

Well, I replied, we know that historically, shared physicality was insufficient. We do not look exactly alike, and therefore we can treat others as being inferior to us – or, in rare cases, like the Incas’ encounter with Francisco Pizarro and his bearded white men, as superior to us.

Boyarin replied that he “still thinks that the homogenization of human beings through their supposed soul has done far more harm than good.”

But it seems to me that there is an unresolved point here. The modern, Western-Protestant world demands that Judaism change, as it demands of hundreds of other cultures to change. Given enough time, “Hopism” and “Druzism” will also come into existence. There’s something imperialist about this universalism, Boyarin is right about that, but even so, there’s a reward that comes with making the transition. We get human rights, civil rights and equality under the law, even at the moral and pragmatic level. In personal-psychological terms, the reward is still greater: We possess individuality and a sense of autonomy that are inconceivable in traditional societies. How many of us are willing to live a life that “does not exist on [its] own… not autonomous to decide personally what they are and who they are,” as Boyarin put it.

Regardless of how valid it may be, the liberal temptation captures our heart no less than it transforms our Judaism. Without doubt, the homogenization that Boyarin talks about exists, and there’s also a flattening of depths that once existed and are no longer, and there’s also social fragmentation. Our Judaism is not what it was, and what was will not return. But are we capable of giving up our Western individualism, even if we wish to? And is that in fact what we wish?

Published in Haaretz

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The Absurdity and Malignancy of a Jewish Theocracy

“Israel will not be a halakhic state,” Prime Minister Benjamin Netanyahu promised Monday, and for a change he was right. Israel will not be governed by Jewish religious law, and in fact no government has ever been ruled in accordance with halakha. In the time of King David, not only was there no halakha as yet, but the Book of Deuteronomy had yet to be written.

By the time halakha came about, with the completion of the Mishna in the second century, there was no longer an independent kingdom of Israel. And in the intervening period, the Hasmonean Kingdom absorbed Hellenistic concepts (Aristobulus and Hyrcanus are not Hebrew names), and persecuted and executed Jewish sages.

So when he speaks about Israel “returning to operate as it did in King David’s time,” MK Bezalel Smotrich is denying history. No wonder: Historical ignorance is a prerequisite for any fundamentalist vision.

As with other examples of theocratic ambition, such as the Islamic Republic of Iran, the Islamic State organization and the “Hindu nation” promoted by religious nationalists in India, the attempt to imagine a modern government based on religious law always necessitates the invention of a fictitious past and significant self-persuasion.

With just a few tweaks and minor adjustments, the story goes, we could then copy and paste ideas and institutions from the distant past into our world. This never works, and not just because such efforts are based on mythology to begin with. It doesn’t work because it completely ignores the radical changes that have taken place in the human condition.

Not that there haven’t been rabbis who have tried to sketch a vision of a modern halakhic state. In the 20th century, Rabbi Shaul Yisraeli addressed this. Rabbi Naftali Bar-Ilan devoted four volumes to “Regime and State in Israel According to the Torah.” Rabbi Eliezer Yehuda Waldenberg wrote “Hilkhot Medina,” on halakhic issues in the modern state. Justice Menachem Elon wrote extensively on “Hebrew law” and, leaping forward, just last year Rabbi Ido Rechnitz published a book called “Medina KeHalakha: A Jewish Approach to the Challenges of Independence.” Still, no one has ever been able to come up with a framework that anyone but a handful of fanatics would consider realistic.

That’s not a coincidence. The problem with halakha as it is today is not that its laws are bizarre or anachronistic. Yes, the punishment for theft is a fine amounting to twice the value of the stolen item, a ludicrous penalty that would permit people of means to steal to their hearts’ delight. Yes, halakha prohibits women from testifying or serving as judges — an insult to the intelligence of any rational human being. Such details can presumably be modified and updated.

The real problem is the fundamental understanding of humanity in halakha. According to halakha, human beings must obey divine law and cannot legitimately choose to do otherwise.

Simply put, halakha minimizes the significance of individual autonomy. The compulsion to observe the commandments is part of halakha, and it is also no coincidence that halakha permits both slavery and pedophilia. When there is no unequivocal recognition of the individual as an autonomous subject, then enslavement becomes acceptable, and when choice and consent are not a necessary condition for sexual relations, it’s no wonder that it is permissible to have sex with someone who cannot choose (and, on the other hand, consensual sex between people of the same sex is prohibited).

For its time, the Hebrew law was an advanced, enlightened system, and Jewish tradition brought into the world many principles that ultimately contributed greatly to modern humanism and liberalism. Yet today there is a fundamental tension between halakha and modern conceptions of humanity and liberty.

As a personal and communal commitment, a halakhic lifestyle can be deep and meaningful, but one cannot talk about a state operating in accordance with halakha without also talking about religious coercion. In fact, Waldenberg was an avowed supporter of theocracy, and Rechnitz’s book also clearly demonstrates that there can be no freedom of religion in a halakhic state.

Actually, one needn’t go so as far as picturing some future halakhic dystopia in order to understand that Smotrich’s proposal is not a good bet. It’s enough to look at what’s already happening in the Israeli systems that are in the hands of the Orthodox establishment.

The laws of marriage and divorce, over which the Chief Rabbinate holds a legal monopoly, have become a mechanism for coercion and injustice. Nonreligious couples are compelled to marry not in keeping with their beliefs, women are discriminated against under the marriage canopy as well as in the divorce laws and the rabbinical courts abuse many who come before them. Even without the blatant corruption and nepotism that is so rampant in the rabbinate, it would still be despised by the public – simply because the modern conscience rebels against coercion and discrimination.

Smotrich, whose “decision plan,” published two years ago, called for the Palestinians to either agree to live as subjects or to choose between emigration and death, has proved before that democratic principles are of no interest to him. It’s no surprise to find him leading the theocratic charge. Hardalim, or ultra-Orthodox Zionists, account for just 2 percent of Israel’s Jewish population, but intoxicated with the political power given to them by Netanyahu, they mistakenly believe the time has also come for their fundamentalist ideas. Placing them in the centers of decision-making will clearly lead to religious coercion and a shrinking of civil liberty.

“There is also room for democracy in Torah law,” Smotrich hastened to reassure everyone, following the uproar over his comments touting the imminent return of the Kingdom of the House of David. But this is not correct. There is room for Torah law in democracy, but not the reverse. The relationship is always one-way, because one conception is fundamentally tolerant and insists on individual rights and freedom of religion, while the other does not. Should Smotrich and company obtain the kind of power they desire, we will all be made quite aware of this.

CapturePublished in Haaretz


Tomer Persico

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