Posts Tagged 'Rabbi David Stav'

Finally, Some Jewish Self-help Books

Parasha ve’isha: Limud Nashi Leparashat Ha’shavua, Yemima Mizrachi. Yedioth Ahronoth Books, 143 pp., NIS 118

Neviot: He’arot, Etzot vetovanot Hameshivot et Harua’h Al Pi Mishnato shel Harav Avraham Yitzhak Hacohen Kook, edited and elucidated by Yuval Freund. Yedioth Ahronoth Books, 150 pp., NIS 98

Tzohar Le’asakim: Parashat Hashavua b’re’I Iski, Nihuli umanhiguti, edited by Itamar Mor. Danny Books, 408 pp., NIS 118

At the beginning of the 20th century a new and original genre became widespread in the United States: “Self-Help” books. These books offered readers a colorful array of useful advice, and outlined paths to scoring achievements in a particular field that was generally mentioned in the title. The most famous of these books was Dale Carnegie’s “How to Win Friends and Influence People,” which has sold more than 15 million copies to date and gave rise to many successful imitations.

Quite a few of these titles, which star on bestseller lists to this day, deal with financial advice, but there is no need to turn to these to understand that the capitalist, utilitarian logic is the spirit blowing through the genre as a whole. Life is presented in Self-Help books as a development project, with the reader as its facilitator and operational contractor. He must attack his life vigorously, mine its resources and get as much net profit out of it as possible. If need be, he can and should lay off useless departments such as moderation, sensitivity and common sense. “Democracy introduces an industrial spirit into literature,” Alexis de Tocqueville observed back in the mid-19th century, and de Tocqueville is right, as usual.

Most Self-Help books relied on the assumption (whose roots are to be found in the Romantic movement) that man possesses inner resources he must discover and exteriorize. Therefore the advice they offered usually revolved around the ways and methods to dredge up those hidden treasures. A human being is called upon to find within himself courage, determination or creativity, which he or she had no idea existed, but which the book explained that even if these had gone undetected until now, the hidden stores are nothing less than their deepest, innermost self.

The notion that redemption begins from within built its home on the basis of the modern individualism and ideal of independence and economic initiative characteristic of American culture. Together with the spirit of invention and technological innovation, Self-Help books gave their readers a feeling that not only in the economic sphere, but in each and every area of life is to be found “a method” that will make it possible to manipulate the data, and ultimately maximize profits.

Inevitably, self-help books began to be written in the religious-spiritual realm as well. This domain is not limited to systematic instructions for the most effective ways to communicate with the upper worlds, but often involved advice that is based on religious and traditional sources, but is actually meant to assist us in secular areas. As an example of this we can cite more than 50(!) different titles in English alone that proclaim they teach “the Tao of” (parenting, gardening, sexuality, cooking, business). These books profess to glean insights from the ancient Chinese tradition to improve the quality of our Western lives in the present.

Everything, as you know, makes its way to us belatedly, but the good news is that not only hath Israel not been forsaken by his God, but he has been bequeathed a fortune. In recent years it appears that Israeli Judaism has finally joined the trend, and self-help books based on the wisdom of Jewish tradition crowd bookstore shelves. Yedioth Ahronoth Books is the clear leader in this market segment, a fact that corresponds to its overall, and praise-worthy, efforts to enrich the Jewish bookcase with many and diverse offerings. Two years ago this publisher came out with a book (in Hebrew) bearing a subtitle that leaves no room for doubt as to the book’s role in the genre in question: “Once a Week: Insights and Self-Empowerment from the Portion of the Week,” by Aharoni Berenstein. The ways to draw insights and self-empowerment from the weekly Torah portion have only grown more numerous since then.

The Stress of Women’s Liberation

Yemima Mizrachi's bookThe new book by Rebbetzin Yemima Mizrachi, :“Parasha ve’isha: Limud Nashi Leparashat Ha’shavua” (“Portion and Woman: Feminine Study of the Portion of the Week”) is a fine example of this. Mizrachi is one of the most prominent of the popular spiritual women leaders in the field of Judaism in Israel. She is a lawyer and rabbinical pleader by training, and today she gives lessons on Jewish tradition and the weekly Torah portion all over the country. Thousands of women subscribe to her mailing list, and the gatherings she holds always draw a big crowd. As may be learned from her new book, the weekly portions serve her as a pliant and productive base on which to offer advice and insights that contribute to the empowerment of her disciples.

This is Mizrachi’s first book on the weekly Torah portion, and it is limited to the first two books of the Pentateuch – Genesis and Exodus. The motto may be distilled from the introduction: “Everyone is a treasure of wisdom, but it must not remain hoarded. In order for the wisdom to be affected and to affect connecting feminine study is required.” Our inner wisdom can be uncovered, then, with the help of the weekly portion, and Mizrachi does this with great wit and creativity. But the study required here, as stated, is feminine. According to Mizrachi this refers to study “that emerges from the chambers of the heart and hearth, different from the hum of studying that rises from the benches of the yeshivas. Women simply study differently.”

What does this feminine study look like in practice? According to Mizrachi’s book it entails using the Biblical narratives to understand how one ought to await a match, manage relationships and raise children. The portion “Hayei Sarah,” for example, deals with problems of couples’ relationships, “Toldot” – with parenting, “Miketz” teaches us that being chubby is perfectly fine, and “Vayigash” elucidates the importance of crying. In general, feelings and managing them are the main topic one can learn from the weekly portions, and eliciting them from the Biblical text known for its stinginess when it comes to sentimental expression is no mean feat.

Mizrachi delivers her commentary with great talent, and it is not hard to understand why she is so popular. On several occasions in her book she emphasizes women’s superiority over men, and yet at the same time never for a moment challenges the traditional division into gender roles. A Woman’s business is in the home, and the home is the business of women. When “women’s liberation” is mentioned, we learn that this process is responsible for our stress and fears. But this too is for the best. “What is the role of fear? First of all, to reveal to you how much strength you have. You are awesome!”

Rav Kook’s Wisdom du jour

Yuval Freund’s edition of Rav KookThe very same bit of advice may be learned from Rabbi Abraham Isaac Hacohen Kook: “Many times the cataclysmic situations teach man about himself (….) The acquisition of new traits in the difficult periods causes a great and sophisticated increase afterward.” That is Yuval Freund’s interpretation of an excerpt from “Orot Hakodesh,” in which Rav Kook explains that, “from the depths of the abyss you must draw forth precious pearls. Then you will rise and renew your abilities, in strength and tranquility.”

The title of the book “Neviot: He’arot, Etzot vetovanot Hameshivot et Harua’h Al Pi Mishnato shel Harav Avraham Yitzhak Hacohen Kook,” makes it clear that here too is a self-help book that culls its life wisdom from the field of religion. This time not the weekly Torah portion but Rav Kook has been chosen to restore our spirit. Freund’s explications look out upon the rabbi’s words on the facing page, whereas the words of Rav Kook are arranged in short lines and centered, like poetry. Here too the guiding principle is mining the treasures hidden in the depths of the soul: “In man (…) there are great and enormous spiritual powers of an entirely different order, which he must appreciate and respect,” Freund writes.

Rav Kook is easy to translate into romantic selfhood, for he himself was greatly influenced by the Romantic movement. However, for decades the message that was delivered from his letters was purely national and messianic. The reason for the transition to the language of sentiment in this case is not merely the awakening of this genre – religious Self-Help books – but also the growing competition between Rav Kook and Rabbi Nachman for the hearts of youngsters in knitted-skullcaps. The emotional language and psychological insights of the tzadik from Breslov are winning over many souls in religious Zionist circles, and the latter have decided to fight back. Envy among scribes generates wisdom – in this case it’s more like street smarts

Rav Kook is a giant thinker and outstanding poet, and his words presented in this book are inspiring. Praise is due to the compiler, Yuval Freund, who was not afraid to bring also excerpts that might jeopardize the readers’ automatic allegiance to the Halakha, or Jewish law. Rav Kook calls, among other things, for deviating from the familiar structures and listening to our inner voice. The tension between the inner voice and obedience to the heteronomic Halakha should be obvious, and for anyone interested in unquestioning loyalty to tradition a certain risk is inherent in bringing such things from the mouth of such an authority. Advice on coping with this inner conflict, incidentally, is not included in the book.

The Spirit of Capitalism in the Weekly Torah Portion

Tzohar Le’asakimWe return to the weekly Torah portion with another title that represents a similar spirit: “Tzohar Le’asakim: Parashat Hashavua b’re’I Iski, Nihuli umanhiguti.” This book is a collection of short articles by some of the rabbis from the Tzohar organization, including its stars: Rabbis Yuval Cherlow, David Stav and Shai Piron (currently the Israeli Minister of Education). It should be mentioned that women are not absent from this volume and have penned several of the articles in it. As the book’s title suggests, in this case the weekly Torah portion serves as a source of insights into the business world.

The book is essentially an anthology of articles that were sent over the past decade to a list of Israeli businesspeople. The mailing list in question is the brainchild of Eran Rolls, a businessman who describes himself as someone with “a transparent skullcap” or “a religiously observant secular person,” and is himself one of the varied fruits of the Jewish renaissance in the country. Rolls initiated a weekly mailing of the portion of the week to his distribution list, which kept growing as the years went by.

The advice is nothing you could not guess in advance. Initiative, persistence, creativity, determination, taking advantage of opportunities, and originality – the weekly Torah portion teaches us all of these to assist our success in business. To the Tzohar rabbis’ credit, they seek to advance not only the personal success of their readers, but also the employment conditions of those employed by them. Many articles emphasize the moral dimension of the business world, and demand that the reader turn his attention also to the ethical implications of his actions.

The Utility of Sentiment

The examples cited above indicate a gradually expanding trend of Jewish Self-Help books, or in other words: the assimilation of Jewish tradition into the main trends in the global book market. Moreover, the books mentioned here are not only representatives of Self-Help books, but also expressions of a broad cultural movement that presents increased preoccupation with our emotional life, and an emphasis on a utilitarian worldview. It is a crossbreeding of the romantic inclination to find uniqueness, authenticity and meaning within us with the instrumental logic of the capitalist market. This match leads to a rich supply of “methods” and “systems” with whose help we will put into practice the hidden lights in our inner selves.

That isn’t necessarily bad, of course, and perhaps there really are within us hidden dimensions and unseen potential powers. But we should pay attention to this process, in which both tradition and the Jewish bookcase become raw material in the hands of the market, and translate themselves into the patterns of that same familiar utilitarian logic. Interestingly, fundamentalist religion, in Afghanistan or Mea She’arim, is one of the few foci today of stubborn resistance to capitalist globalization. It resists a lot of other things too, but it is possible that precisely by posing a determined alternative, which expresses a different worldview and a different logic, it invites us to learn something very important about ourselves; something no less important than how to wait patiently for a decent match or how to close the next deal.

Published in the literary supplement of Haaretz.

Untying the knot: Rethinking the Israeli Rabbinate’s Laws on Marriage

"Safa Ahat Udvarim Ahadim: Iyyunim Bemishpat Vehevra" ("One Language and One Set of Words – Studies in Law, Halachah and Society"), by Pinhas Shifman. Shalom Hartman Institute, Bar-Ilan University and Keter Publishing House, 336 pages

book coverAt the beginning of his (failed) campaign for the position of the next Ashkenazi chief rabbi, Rabbi David Stav published a large paid advertisement in the national-religious daily Makor Rishon. In it, he cited some "shocking facts," as he put it: In recent years, about one-third of all secular couples got married abroad so as not to come in contact with the Chief Rabbinate of Israel. Among them are people who do not accept or do not like the rabbinate’s marriage procedures, and also members of quite a large group of citizens (about 400,000 ) who are not allowed by law to marry in this country, as the Jewish bona fides of at least one member of the couple are questionable in the eyes of the rabbinate.

Forcing certain procedures based on Halakha (traditional Jewish law ) upon the citizens of Israel is therefore ineffective in two respects: It distances Jews who for various reasons are interested in a civil or different type of religious ceremony, and it is not available to citizens whom the rabbinate does not recognize as Jews. On the other hand, there is concern among the religious authorities that various types of civil marriage agreements will lead to a split among the Jewish population, as the religiously observant will not be prepared to enter into marriages with nonobservant Jews or their descendants.

In his new book, Pinhas Shifman attempts to suggest solutions to this complex situation. Shifman, a professor emeritus at the Hebrew University faculty of law, has written numerous books and articles about family law in Israel. A special report he prepared (together with Avishalom Westreich ) for the Metzilah Center for Zionist, Jewish, Liberal and Humanist Thought on the issue of the possibility of civil marriage in the country was, for example, published (in Hebrew ) in March. He is, therefore, exactly the right person to confront this subject.

In the second part of the book in question, Shifman goes into what could be called the "intra-religious" issue because, in his opinion, it is necessary to deal with the difficult problems created vis-a-vis the wedding ceremony due to Orthodox Halakha. Even if secular Israeli Jews are given the opportunity to marry as they see fit, the religiously observant will still have a problem because they have no other options because of their beliefs. Shifman fears that enabling civil marriage would in fact encourage rabbis and rabbinical court judges to ignore the moral difficulties inherent in the halakhic wedding ceremony as it stands today – that is, "anyone who doesn’t want to [get married this way] doesn’t have to and anyone who sees himself as obligated [to do so] can suffer in silence."

Not Just a Civic Matter

Specifically, Shifman is worried about this tendency because it leaves in place certain injustices that exist in Halakha. Issues like agunot (wives whose husbands will not grant them a get, or bill of divorce ), extortion on the part of husbands in delaying the get, and in general the inequity in traditional Jewish marriage rituals which are being ignored and remain unresolved. Even among poskim (rabbinical arbiters ) who are actually concerned about agunot and other women who suffer ill treatment by their husbands – dealing with such problems for the most part boils down to attempts to circumvent them by finding flaws in the particular ceremony from the halakhic perspective and nullifying it retrospectively.

Such ploys demonstrate the problematic nature of the Orthodox marriage ceremony, which turns out to be a stumbling block for the Jewish woman. This is a terrible reality, in the author’s opinion, because it leads to the conclusion that "the more people refrain from behaving in accordance with Halakha, the better off they will be and the less they will suffer." When Shifman moves on to various suggestions for changing nuptial arrangements for couples, he tries to take into account not only the suffering of secular Jews who are subjected to religious laws in which they have no interest, but also the pain of men and women who are religiously observant and are subjected to a rabbinical law in which they are interested, but which is also characterized by a cruel and insulting lack of justice.

The Possible Solutions

He brings up various possibilities for altering the existing situation, each with its own inherent problems. In addition to the most meager of the possibilities, which would in general permit marriages only between two people who are not presently allowed to marry each other under Halakha – Shifman examines the possibility of allowing civil marriage alongside marriage as per religious law, so that each couple would be able to decide in which manner, via which establishment, they want to seal their marital covenant. The disadvantage would be open competition between these two establishments, which is liable to lead to alienation on the part of the religious public. Moreover, this approach would exacerbate the problem of agunot and women whose receipt of a get is being delayed, since religiously observant couples who marry under the auspices of the rabbinate would be subject to Halakha and thus not be able to seek help from the civil court.

Another possibility Shifman mentions, which prevails in some European countries, is a uniform civil law for everyone. In this case the state is perceived as responsible for proper civic order and marriage by means of state authorities is the only valid marriage. Citizens who are interested in marrying in a special ceremony are respected and are married by, for example, their rabbi, minister, spiritual leader etc. In a situation like this, ostensibly there is no competition between civil and religious law, and divorce is also egalitarian because even religious women are in general protected by the state.

The Malicious Combination of Halakha and Bureaucracy

If a woman who has been married in a Halakhic ceremony gets divorced only via a civil procedure and then remarries – her children from her latest marriage become mamzerim (or, bastards; in Halakha, that is what a child is called who is born to a woman who is still married ac cording to religious law, and fathered by another man who is not her husband ). This possibility might precipitate the usual threat by Orthodox Jewry to construct lists (or "family trees" ) of names, in order to ensure that all those who marry by civil law and their descendants would be prohibited from marrying anyone who is religiously observant.

However, Shifman notes that even today millions of nonreligious Jews in the United States, for example, choose to marry according to civil law and, of course, also divorce that way, and no one is talking about shunning all American Jews – i.e., not marrying them. In the author’s opinion, this problem, like others, requires "broad emendation of regulations in Halakha that will provide a universal and principled solution." And once again he criticizes the lack of interest on the part of today’s halakhic arbiters in investigating thoroughly and eventually changing what needs to be changed in traditional Jewish law.

The matter of bastardy demonstrates a problem unique to our times, which has not been accorded a solution by that law. In the past, a Jew suspected of bastardy, or an aguna or a woman whose bill of divorcement is being delayed, could possibly, in their distress, move to another Jewish community where nobody knew them and build a new life. But our era, in which when everything is registered, documented and computerized, does not allow for reasonable doubt as to an individual’s identity, doubt that in other periods sufficed to qualify a person for marriage (from "a family that has been accepted … is accepted," Tractate Kiddushin 70-A ).

Rabbi Joseph di Trani (1538-1639 ), known as the Maharit, also ruled to the effect that, "Anyone who knows of a flaw [vis-a-vis] someone’s marital eligability is not permitted to reveal it, but will leave it as if it were kosher." This points to the malicious combination of Halakha and bureaucracy that is unique to the modern era.

Nor does Shifman spare criticism when it comes to secular Israeli Jews who seek to institutionalize civil marriage. His treatment of court rulings that equate single-sex couple relationships to marriage is fascinating, and dwells on the question of the secular insistence on using the term "marriage," which he says expresses a definite religious and traditional institution, while attempting to foment a radical change – via the courts – in its original meaning.

Morality, Religious and Natural

Finally, Shifman examines local rulings that have led to equating the rights of common-law partners to those of married people. He discusses in detail three rulings by former Supreme Court President Aharon Barak, who, in a sophisticated way helped to wage a quiet revolution with respect to personal status in Israeli law. Thanks to his efforts, the court recognized and legitimized marriages undertaken by Israeli citizens abroad – initially with respect to couples who in any case could have married in the country, and subsequently with respect to couples who could not have married here legally (one case involved a Jewish man who married a Christian woman ) – and finally marriages involving single-sex couples. In this way marriage abroad finally became the semi-official (if expensive ) way of entering into a civil marriage in Israel.

The first part of Shifman’s book deals with an artificial distinction between Halakha and morality, based on the idea that God’s commandments should be the sole basis for understanding what is good and what is evil, and any consideration external to Halakha constitutes a surrender to the liberal fashions of our times. The clinging to a specific religious precept, even if it may be illogical or in direct contradiction to one’s conscience, is considered by the believer to be a courageous effort to abide by the word of God and creates the desired experience of "authenticity." But Shifman shows that such a perception itself quite a new phenomenon and its primary framer in Israel was none other than the late Prof. Yeshayahu Leibowitz (and in the United States, Rabbi Joseph Ber Soloveitchik ). He reminds readers that without an independent sense of morality, which is not connected to Halakha per se, lofty concepts of the sages like lifnim meshurat hadin (beyond the letter of the law ), derekh eretz (common courtesy ) and darkei shalom ([toward] a peaceful way ) become meaningless.

The same holds for the concept of naval bereshut hatorah (roughly, "a Torah pedant but a scoundrel" ), attributed to Nachmanides in the 13th century, and comments by Rabbi Naphtali Zevi Judah Berlin (1817-1893 ) condemning "righteous men and hasids" who are not "honest in the ways of the world." The halakhic tradition itself is full of examples of the influence of natural morality on the law.

Shifman criticizes Leibowitz’s approach, which aims to protect the primacy of Halakha by disengaging its precepts from the daily, transient world, that also disconnects it from reason and the heart. According to Shifman, this approach has trickled down, in fact, into the ranks of Gush Emunim (the religious movement for settlement in the territories ), Leibowitz’s major ideological rivals: Shifman quotes remarks by settler Rabbi Shlomo Aviner that purport to be based on the views of Rabbi Abraham Isaac Hacohen Kook (1865-1935 ), but are really very similar to those of Leibowitz. In fact, it was Kook who said fear of heaven that ignores natural morality "is no longer pure fear of heaven."

Shifman’s criticism is also rooted in principle since it holds that "the existing richness of a plethora of sources and opinions in Halakha sharpens even further the conclusion that it is impossible to imagine a ruling in which the arbiter discounts the personal element – that is, a ruling that is not affected by the arbiter’s own value judgment."

In other words, there is no rabbinical law that is not born out of a certain moral position. From within this insight Shifman attacks the imperviousness of many rabbis toward women who are unable to receive a get, people who are deemed bastards and other individuals whose "credentials" as Jews are in question. He accuses such authorities of doing nothing, and writes: "A claim that a rabbinical sage is unable to be of help because it is not within his reach is very often a political decision in disguise that allows him to avoid dealing with the difficult questions of values underlying that decision."

Shifman’s book is a sharp indictment of the dissembling sanctimony of the Orthodox rabbis of our day and the fact that they cling to so-called Halakha as an excuse for standing still and stagnating. It’s not that they can’t do anything, they simply don’t want to. It’s not a matter of impotence, but rather a values-based stance. In a reality in which many couples shun the offices of the rabbinate, Shifman’s book is timely. His treatment of issues in family law in Israel is learned and profound, and his criticism of the situation of rabbinical rulings in our day, criticism that comes from within the world of Torah and Halakha, is sharp and precise. The associates of the new chief rabbi who will be selected in a few months’ time would do well to bring Shifman’s book as a gift on the occasion of his appointment.

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Published in Haaretz on 29.3.13

How real is your pain, Rabbi David Stav?

Last Friday, Haaretz Magazine published a  short interview with Rabbi David Stav, entitled “The salesman of Judaism,” by Ayelett Shani. That interview was one of several which Stav has given recently − all as part of a public campaign aimed at helping him get elected as Israel’s next Ashkenazi chief rabbi. Perhaps this is an appropriate way for a person who has a good chance of becoming the next chief rabbi to introduce himself to his flock: the men and women over whose marital lives ‏(and, no less important, divorces‏) he will soon preside.

The interviews have been quite informative about the rabbi’s religious character. To try to get a handle on him, I would like to talk about three key words that he uses in particular.

Halakha: On two occasions in the interview, Stav asserts his unequivocal loyalty to traditional Jewish law. He said, “In regard to halakha, I do not intend to compromise in any way,” in connection with his opposition to civil marriage. In reply to a question about the price he would be prepared to pay to draw secular people closer to the Rabbinate, he stated, “I will not deviate from the halakha as it was accepted by our forefathers − neither to the right nor to the left.”

Surely it would be difficult to come out with a clearer formulation than this.

However, the problem does not lie in the formulation. The problem is that halakha is completely unconnected to the issue of civil marriage. After all, no one is asking the rabbi to exceed the boundaries of halakha as he understands it. No one is asking him to annul religious marriages for whoever wants them. What is being asked about is allowing registration of civil marriage for those who do not want a religious ceremony. All that is being asked of him is not to force those boundaries on all of Israel’s Jewish citizens.

Does the Orthodox halakha prohibit the registration of a spousal relationship through the state’s civil authorities, or even through a private contract rather than via the Chief Rabbinate? Of course not. Halakha does not even recognize the institution of the Chief Rabbinate, because the ancient arbiters could not conceive of a bureaucratic mechanism of rabbis being foisted upon the public under the aegis of the bureaucratic power of a modern state. Indeed, there are Orthodox rabbis who absolutely believe that civil marriage should be allowed. None of them, of course, thinks he is in violation of halakha.

In our time, halakha is often used as a code word whose meaning for secular people is “I cannot,” whereas its real interpretation, for the religious speaker of the word, is “I don’t want to.” There is no halakhic obstacle to civil marriage. The obstacle lies solely in the worldview of Stav, which, let it be said to his credit, he declares openly.

In another interview ‏(to this writer‏), Stav explained that he is fearful of a scenario in which over a million “people who require proof of their Judaism” ‏(in his words‏) will not be obliged to pass through the gates of the Rabbinate and prove their Judaism in order to marry. That whole huge mass of people will wander freely through the country with their ethnic status unclear, at least as far as Stav is concerned. That is a legitimate issue in itself, but it has no direct connection to halakha.

Pain: Twice in the interview, Stav admits that he is pained. When Ayelett Shani asks him about the habit of some secular brides to lie about the date of their menstrual cycle, so that the Rabbinate clerks will not force them to change their wedding date ‏(so as to prevent a wedding from taking place during niddah, when the bride has her period, which to secular women makes no difference and is permitted halakhically‏), Stav replies that he is “deeply pained by this.” When Shani asks him about the fact that homosexuals cannot marry in Israel, he replies that he “will be hurting together with [them].”

Sensitivity is a fine quality, and sensitivity to the pain of others is noble. Just as he will feel the pain of the lies told by secular brides and the pain of the homosexuals who cannot marry, Stav will also feel the pain of the thousands of agunot ‏(women who have been abandoned by their husbands or whose husbands will not grant them a divorce‏), who are unable to remarry or have children. He will also feel the pain of tens of thousands of secular and religiously observant couples who want a wedding ceremony that is more egalitarian. He will have to reject all of these people, though he will definitely share their pain and hurt.

I don’t think there is any reason to be worried about Rabbi Stav. His pain is not overly deep. It is a pain that floats lightly over a great deal of personal satisfaction and gratification. This stems from the fact that Stav, from his point of view, has defended halakha and the unity of the nation. He has affirmed his piety, even if at the expense of others. He did not deviate from what God charged him to do, neither to the right nor to the left. His ticket to paradise wasn’t even wrinkled.

Of course, if the Rabbinate did not force Israel’s Jewish citizens to marry through it, the pain of the secular brides and the pain of homosexuals would be prevented, and possibly also the pain of the agunot and the pain of those who want a different marriage ceremony. But that would be contrary to Stav’s outlook. He is not ready for that. What is he ready for? He is ready to be sympathetic.

Love: “Just as I cannot fight against the Lord, who allowed someone to be killed in an accident, I also cannot help in the halakhic sense. The only thing I can do is to love,” Stav says. He apparently sees halakha as a fateful decree − like an accident. Some would say that, as a rabbi, his task is actually to find ways to ease people’s halakhic distress.However, Stav appears to belong to a school of thought which holds that halakha is a kind of unavoidable situation that people get into, an automatic mechanism that “hurts” and grieves us, for which we need consolation after experiencing it, along the lines of: “Doctor, what’s the problem?” “Sorry, but you have halakha.” Still, Stav is ready to love those who have this problem. It hurts him as much as it hurts them.

Halakha can be an ethical and religious structure in the framework of which the individual enters into a covenant with God and worships him. But I believe it becomes a problem the moment it is forced on the individual. It also loses all religious value in that case. This is exactly the difference between accepting the burden of the precepts and religious coercion. Love in this case will not override the moral wrong and the religious vacuity it reflects.

Beyond this, we need to ask whether a situation in which the Jewish religion or the Jewish people can survive only if the halakha forces itself on Israel’s Jewish citizens is a reasonable state of affairs, or is theologically or ethically proper.

If the Rabbinate were not an institution which is forced on all of Israel’s Jewish citizens, there would be no need to offer consolation to anyone. Who knows? Maybe if the Rabbinate does not receive so much power from civil law, halakhic problems will be more quickly resolved. For in that case, the rabbis, like rabbis in Jewish communities throughout the generations that preceded Israel’s establishment, will have to adapt themselves to the demands of the public. But in the meantime, as a powerful monopoly, the Rabbinate has no interest in making things more difficult for itself. Its interest lies in making things difficult for the public.

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This piece was originally published in Hebrew at the current affairs, culture and society online magazine http://www.compress.co.il, edited by Aviad Kleinberg. It was later published in Haaretz, 28.2.13.


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