Question: A person believes that she or he has been touched or violated in an unwanted, unsolicited, halakhically forbidden, and therefore abusive fashion. To report or not to report? Is there any reason in Judaism not to go to the police? Should Jewish law ever trump civil law in criminal matters?
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(This answer, necessarily brief and sketchy, is based upon the CCAR responsum no. 5757.1, available in Reform Responsa for the Twenty-First Century (New York: CCAR Press, 2010), vol. 1, pp. 347-356. See that responsum for a fuller discussion, along with citation of halakhic sources.)
The victim of sexual harassment may – or may not - have valid reasons not to report that harassment to the police. But Jewish law is not one of those reasons. To answer your question precisely, Jewish law does not “trump” civil law in criminal matters. When a Jew commits a crime, there is no halakhic prohibition against reporting that act to the authorities, especially in a democratic society where Jews enjoy equality and the full rights of citizenship.
The relevant principle here is dina d’malkhuta dina, “the law of the state is valid law.” According to that principle, which occurs several times in the Talmud, Jewish law recognizes the halakhic validity of a wide range of actions taken by non-Jewish legal authorities in the sphere of civil, criminal, and monetary law. Now this recognition has its limits; not every act of non-Jewish authorities is accepted as valid under the halakhah. Our tradition does not accept the right of the civil government to intervene in matters that pertain exclusively to matter os isur v’heter, Jewish ritual law. And even in non-ritual (“civil”) matters, the halakhah accepts the validity of the law of the state – dina d’malkhuta – only when it is truly “law,” that is, when it falls within the confines of legitimate state authority. State authority is “legitimate” when it serves ends that are traditionally recognized as part of government’s proper function: for example, laws that levy taxes, that provide for the public welfare, that regulate property, contracts, and business activity, and so forth. So long as these laws apply equally to all citizens and draw no unfair distinctions among them, they are regarded as valid under the halakhah, simply because political communities are entitled to legislate in these areas.
One of the spheres of legitimate governmental authority is that of criminal conduct. All states are empowered – indeed, they are obliged – to protect their people against violations of their persons and property. Laws that define and punish the offense of sexual harassment clearly and obviously come under this rubric. They are proper expressions of legitimate state authority, and for that reason they are regarded as valid under Jewish law.
One occasionally will hear, in objection to the above, the argument that Jewish law prohibits us from surrendering a fellow Jew to the jurisdiction of Gentile courts. Such a prohibition, if it exists in theory, cannot seriously be said to apply to the legal system of a state in which we Jews enjoy equal rights and full citizenship. The law courts of such a country are not “Gentile” courts; they are our courts, belonging to us no less than to anyone else. When we freely accept this citizenship and participate equally with our fellow citizens in the making of the laws, we can hardly claim that we are somehow exempt from the enforcement of those laws or that they apply to everybody but the Jews. Such a claim is absurd, even outrageous, to the point that it constitutes a chilul hashem, a profanation of God’s holy name.So long as it is legitimate in its authority and equitable in its application, the laws of the state – including the laws concerning sexual harassment – are obligatory upon us just as they are obligatory upon all the other citizens of the state.
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Question: Is it OK to sing along with traditional black gospel music? I was raised in the south and in many ways raised by black women (think the movie The Help). While I am an observant Jew, I find the music happy, hopeful and it gives me peace when I am depressed.
Some Jews, of course, would disagree. They would say that the halakhah (traditional Jewish law) prohibits us from singing along with or even listening to gospel music, on the grounds that it is forbidden to derive benefit or pleasure (hana’ah) from anything connected to idolatrous worship (avodah zarah). This prohibition, of course, would go far beyond this specific musical genre. It would include all musical compositions originally composed for non-Jewish religious settings (think Handel’s Messiah and Bach’s Jesu, Joy of Man’s Desiring). For that matter, it would cover many works of the popular genres – rock, folk, blues, country – whose words and imagery spring from Christian sources and evoke Christian themes. And it would place off-limits many great works of painting and sculpture that represent explicitly Christian themes and symbolism. Since listening to any such piece of music or contemplating any such work of art is likely to make us “happy” and “hopeful” and give us a sense of peace, Jews would therefore be obligated to avoid them all.
On the other hand, most streams of modern Judaism would have no problem with your singing the songs and delighting in all those works of art. Among these streams is Reform Judaism. Let me, a Reform rabbi, explain why we say it’s OK.
First, the prohibition assumes that Christianity is a form of “idolatry” or avodah zarah. Reform Judaism rejects this assumption. We follow the viewpoint of those rabbinical authorities dating back to the 12th century and earlier who declare that the monotheistic religions of our neighbors are not to be defined as idolatry. For this reason, the entire basis of the prohibition falls away.
Second, like most modern people we draw a fairly sharp distinction between “religious” and “secular.” While we definitely do not include Christian prayers, hymns, and works of art in our worship and liturgy, we recognize that once these works leave their original setting they can become secular and thereby lose their specifically religious function. They become expressions of the history of a particular culture – for example, the Western culture in which we participate – rather than acts of worship. So when I view a Pieta in a museum, when I listen to a musical rendition of a credo or a mass in a concert hall, or even when I sing along to “Amazing Grace” or “How Great Thou Art” at a music festival I am not performing an act of prayer or worship. Yes, I might respond favorable and viscerally to these works. They might even produce within me a feeling of happiness, hopefulness, and peace. But when they do so, they do it as works of art and not of religion… certainly not my religion.
Bottom line: as an “observant Jew,” I can enjoy and appreciate the gospel song, as long as I’m not using it as a means of worship, as a prayer to the God of Israel. So long as you can make that distinction and be mindful of it, there’s no reason why you shouldn’t keep singing along.
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Question: If a Jewish woman becomes pregnant using eggs donated from a non-Jewish woman, is the child considered Jewish or not Jewish? Who is the "real" mother, in terms of matrilineal descent - the woman who donated the genetic material or the woman who carried and delivered the baby? What about the possibility that was raised recently of combing the DNA of two women to avoid genetic diseases - how would that be seen? What does Judaism have to say about this?
First of all, let’s consider the question of the “real” mother. Since you put that word in quotation marks, it seems that you don’t mean for the term to be taken literally. And good for you! As far as Judaism should be concerned, the real parents of a child are the ones who care for that child and raise him or her to adulthood. It is for this reason that Reform Judaism holds the adoptive parents to be the real parents of a child (Teshuvot for the Nineties, CCAR Press, 1997, no. 5753.12, pp. 201-207).
So why don’t we rephrase the question slightly: “If a Jewish woman becomes pregnant using eggs donated from a non-Jewish woman… who is the biological mother of the child?” Is the child born a Jew according to the traditional doctrine that recognizes Jewish status according to maternal descent? The answer to this question is difficult, simply because the opinions are divided. For some time, the consensus view in Orthodox halakhah held that the child automatically followed the status of the birth mother. This situation seems to be changing, however, as Orthodox rabbis are beginning to recognize the egg donor as the child’s biological mother; see http://online.wsj.com/article/SB10001424052702304798204575183784267219258.html?mod=WSJ_Opinion_LEFTThirdBucket . In the Reform responsa tradition, the egg donor is recognized as the biological mother of the child. This is a determination based simply on science: the egg donor, precisely like a sperm donor, provides half of the child’s genetic information. As Jewish law recognizes the sperm donor as the child’s biological father, so too it should regard the egg donor as the child’s biological mother. See Reform Responsa for the Twenty-First Century, CCAR Press, 2010, vol. 1, no5757.2, pp. 159-168.
The question about “combining the DNA of two women” is a new one that has not been clearly addressed, let alone answered, in Jewish law.
Two concluding points. First, as I’ve indicated, rabbis differ over the question of the Jewish legal maternity of a child such as the one you describe. Someday, a single consensus viewpoint on this question may emerge. Then again, it may not. In any event, until such time we shall have to live with ambiguity, with a plurality of opinions – which is precisely the way the Judaism has developed over the centuries. And second, to return to the point with which we began, the identity of those who raise the child is much more important than the identity of those who supply its genetic material. Those who raise the child are the child’s “real” parents, and that’s a fact we ought not to forget as we discuss these other issues.
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Question: I have a question that I need to have cleared up. Since I was a little girl, I have not wanted children. I don't feel comfortable around them, and I just cant seem to wrap my head around kids at all. The problem comes in with the commandment of "be fruitful and multiply." What should I do and what does Judaism say about this situation?
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The easy answer to your question would be to say that you’re off the hook: according to a strict interpretation of Jewish tradition, the obligation to procreate (“be fruitful and multiply”) is incumbent upon men and not upon women. But that response, besides being flippant, is woefully inadequate, because the Jewish tradition on the subject is more complicated than that. (To put it another way, the “strict” interpretation is not always the right one.) Besides, as a Reform rabbi, I’m committed to an egalitarian approach to Jewish religious life, and I can’t very well give you an answer that suggests that women have a different level of obligation than men to fulfill a mitzvah that applies to everyone.
Here’s what I would say to you. Reform Judaism teaches that it is a mitzvah for men and women to bring children into the world. And it is a special mitzvah for us as Jews to bear children, in fulfillment of the ideal of Jewish life and marriage and as an act of faith in God and in our future as a people. To have children is to affirm our commitment to the continuation of Jewish heritage, and it is to say “no” to all the forces that would conspire to put an end to our people.
At the same time, we recognize that no individual should be made to feel coerced into having children. Being a parent, as we know, involves a whole lot more than begetting offspring. Persons who do not wish to assume the duties of childrearing, who “cannot wrap their heads around” the whole idea, should not have children merely out of a sense of obligation. While the Jewish people wishes to insure its future, it should not want to do so at the cost of forcing individuals to become parents before they are ready (if they ever will be ready) to take that step. More than that: individuals who find that they are not prepared to have children should not be made to feel guilty for feeling that way. Each one of us – single or married, parent or not – can serve God and the Jewish people by doing the mitzvot that we are capable of doing. (On all this, see the book Gates of Mitzvah, published by the Central Conference of American Rabbis).
Bottom line: the decision as to whether you should fulfill the mitzvah “to be fruitful and multiply” is a matter for you to decide. While I and others may hope you decide that question in the affirmative, the key thing is that you should become a parent if and only if you are ready and willing to do so. And even if that mitzvah is not one that you will ever choose to fulfill, you are still capable of living a satisfying and fulfilling religious life, of being the best Jew you can be.
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Question: Can a non-Jew pray using specifically Jewish prayers like the Shema and the Amidah if they are sincere in believing what the prayer states?
I suppose that a non-Jew can recite the Shema and the Amidah “sincerely”; I certainly am in no position to tell another person what she or he really believes. I would point out, though, that these are, as you put it, “specifically Jewish prayers.” More than that: they are declarations of identity. By reciting them, we Jews proclaim that we are members of a historical community that lives in covenant with God. Thus, when I recite the Shema, I am doing more than simply reading some lines from the book of Deuteronomy. I am placing myself within the community that Moses addresses in that text with the words “Hear O Israel.” Similarly, when I recite the Amidah, I begin with praise for the “God of our ancestors,” Abraham, Isaac, and Jacob (and we Reform Jews include the matriarchs Sarah, Rebecca, Rachel, and Leah in that list). In other words, I’m saying that I descend from those people, that I am a member of the people of Israel. The Amidah is not only my prayer but the prayer of all Israel as it stands before God. This accounts for the theme of “Israel” that runs throughout the text.
In other words, I have trouble understanding how a person can truly believe what these prayers state without being a Jew.
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Question: Currently I am in the process of finding an Orthodox Rabbi to sponsor me for conversion, but I heard that the Chief Rabbinate of Israel only accepts Orthodox conversions that were done with Rabbis recognized by Israel. I visited the Rabbinical Council Of America and clicked on the Conversion to Judaism tab, and it provided very useful information, but I want to know where can I find a recognized sponsoring Rabbi in the State of Maryland.
For ALL DENOMINATIONS: Can I convert with anyone (Orhodox or other) not approved by the Israeli rabbinate, if I convert in the US? Will that conversion be accepted in Israel?
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Your question covers a number of different topics. Let me try to address them one by one.
First, I assume from your question (and I may be wrong about this) that you stand at the very beginning of your journey towards conversion. I welcome your desire to join us and, in the words of our tradition, to take refuge under the wings of the Shekhinah, the presence of God. While you speak of searching for a rabbi, I would encourage you to search for a community as well. Ours is a communal as well as individual identity, and most rabbis who work with Jews-by-choice stress to them the importance of living among the people, experiencing the ebb and flow of Jewish life together with them as an indispensable element of the conversion process. One can absorb a great deal of valuable information from reading books, learning Hebrew, and studying Torah. But all of that information becomes truly meaningful, certainly in its deepest sense, when one learns it and lives it as part of the people of Israel.
Second, although you are searching for an Orthodox rabbi to facilitate your conversion, I hope that you will keep yourself open to the entire range of Jewish religious options available to you. I say this not in order to turn you away from Orthodox Judaism, if you find Orthodoxy to be the most fulfilling Judaic path for yourself. I say it rather to emphasize that other options do exist and that those options might speak to you more persuasively and compellingly.
Finally, the literal answer to your question is “yes”: you most certainly can convert to Judaism in the United States under the supervision of a rabbi who is not “approved” by the Israeli rabbinate. As you note, the official Israeli rabbinate is an Orthodox institution, and its “approved” rabbis are Orthodox rabbis. Rabbis in the USA who represent the more liberal streams of Judaism – Reform, Conservative, Reconstructionist, for example – also offer programs leading to conversion. Indeed, the vast majority of Jews-by-choice enter our community under the auspices of these liberal rabbis. Unfortunately, the Orthodox Israeli rabbinate will not recognize these conversions as valid, because (like most Orthodox rabbis generally) it does not accept the liberal streams as authentic versions of Judaism. We liberals disagree, of course, but there the matter stands. On the other hand, the government of the state of Israel, as a secular entity, will recognize your conversion as valid, and, as a Jew, you would be eligible for citizenship under the terms of the Law of Return. This wouldn’t solve all of your Jewish status problems, though, since personal status laws (i.e., marriage and divorce) for Israeli Jews tend to be under the supervision of the rabbinate, which unlike the civil government would not acknowledge your conversion. Still, these problems may not be insurmountable. When the time comes, you should consult a liberal rabbi in Israel for guidance.
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Question: Is a Jewish parent required or obliged by Jewish law or Jewish values to leave anything to their children in their will?
I’m not ordinarily the suspicious type, but somehow I suspect that there’s more to your question than simple intellectual curiosity. I’ll get to that below. But first, let me summarize the not-so-simple stance of Jewish law (halakhah).
The Torah prescribes a clear line of inheritance (Numbers 27:8-11; Deuteronomy 21:17): one’s property is inherited by one’s sons, with the father’s first-born son receiving a portion twice as large as that of any of his brothers. A daughter inherits if and only if there are no living sons and no living descendants from those sons. These rules, derived directly from Scripture, are considered iron-clad; if one writes a will that changes or departs from the Torah’s order of inheritance, that will is of no force under Jewish law. On the other hand, one is permitted to make gifts of money and property to anybody prior to one’s death. In theory, then, those who do not wish to leave property to their children can simply arrange to give all or most of their estate to others. As long as their gift takes force before they die, it is considered legally valid …
… but that doesn’t necessarily make it morally proper. The Rabbis (M. Bava Batra 8:5; B. Bava Batra 133b; B. Ketubot 53a) declare that though one is empowered to give away his property and leave nothing to his legal heirs, “the Sages are displeased with his act.” This is true even though his sons “do not behave in a proper manner.” The stated reason for the Rabbis’ disapproval is that, even if a son turns out to be a no-goodnik, one can never be sure that the son will not beget any fine and upstanding descendants who would be denied their rightful inheritance thereby. Thus, it is best to stick with the Torah’s order of inheritance. That, at any rate, is the rule as codified by the major authorities (Maimonides, Mishneh Torah, Hilkht Nachalot 6:11; Shulchan Arukh Choshen Mishpat 282). There the matter would stand, except for the fact that some contemporary Orthodox authorities have derived exceptions to this rule. For example, when one son is a Torah scholar and the other is non-observant, these authorities rule that it is proper for the father to transfer all his wealth to the Torah scholar.
What can we learn from all of this? For one thing, it isn’t too difficult to find fault with the rules as I’ve described them. Many of us, myself included, find the exclusion of daughters from inheritance to be morally indefensible in this day and age. But one lesson that does come forth is that the Jewish law of inheritance struggles over the question you have posed. On the one hand, it empowers a parent to cut children out of their legal inheritance; on the other hand, it strongly disapproves of parents who do this; and on the other hand (and yes, in Jewish discussions, we sometimes have three hands!), it recognizes that there may be exceptions to this rule, cases in which it would be a bad idea to bequeath a significant amount of money to a child who for some reason is not worthy of it. The halakhah struggles back and forth over this question because, well, it’s a difficult question. Human relations are complex things, and sometimes that complexity does not permit of a simple answer.
Now back to my suspicion: it sounds as though you are struggling over this issue in your life. Perhaps you are wondering whether one or more of your children are deserving of a significant portion of their legal inheritance. As you can tell from the above, I have no easy answers for you. What I can say is that, as a general principle, Jewish tradition discourages us from disinheriting our children, even when we think that such an action is for their own good. Cutting them out, even for the best reasons, is the sort of punitive action that is likely to bear poisonous fruit for years, maybe generations to come. It is far better to work out our disagreements with our children before we die, if that is at all possible. If you can’t see your way to allowing your child(ren) to inherit, one possible course is to set up a trust fund with strict rules that permit the disbursement of funds for purposes of which you approve and under conditions – hopefully reasonable ones – that you set. Our tradition would permit that course of action, if only as a last resort.
For a more complete discussion, see Reform Responsa for the 21st Century (New York: CCar Press, 2010), volume 2, pp. 359-364.
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Question: How should someone in the modern world fulfill the mitzvah for every Jew to write his own Torah scroll? If it's figurative or outdated, what's the modern-day equivalent? If one fulfills it literally, by commissioning or writing a Torah, can the Torah be donated or loaned to a synagogue, or must one retain ownership of one's Torah?
The Rabbis of the Talmud (B. Sanhedrin 21b) derive the commandment (mitzvah) to write a Torah scroll by way of an interpretation of Deuteronomy 31:19. It is entirely possible to fulfill this mitzvah in its literal form today. One can commission a scribe (sofer) to act as one’s agent in the writing of a sefer torah, and that is considered as though one has personally written the scroll. This can be done (and often is done) by communities or groups of people who contract with a sofer to write a single Torah scroll on behalf of the entire group. And halakhic authorities generally hold that doing so satisfies the requirements of the mitzvah.
Still, you wonder whether this mitzvah might be outdated today. In this, you echo a statement by an eminent scholar of Jewish law, R. Asher ben Yechiel, who lived in Germany and Spain some seven centuries ago. He argued that it is no longer obligatory for every Jew to write a Torah scroll, since we no longer use the scroll for purposes of study. Instead, “it is a positive commandment for every Jew...to write chumashim and texts of the Mishnah and Talmud and their commentaries, in order that he and his sons might study them.” (A chumash was originally a written text containing one of the five books of the Torah. Today, that term designates the printed volumes of the Torah and its commentaries that we use for study and for following the reading of the Torah in synagogue.)
Now the matter is not simple. (Few things in Jewish life are simple!) Rabbinical scholars to this day are in dispute over whether we accept R. Asher’s position as authoritative and, if we do, just what it precisely means. One thing we can say, though, is that R. Asher understood this mitzvah in accordance with its purpose. The purpose of the commandment, he tells us, is to facilitate in a palpable and material way the study of Torah, and when the act itself no longer serves that purpose, the nature of the requirement changes. Instead of writing Torah scrolls, which we use only to fulfill the ritual Torah reading, we write books we use to fulfill the mitzvah of talmud torah, the study of Torah.
Let’s bring the discussion to our own time. Today, there is no need for anyone to physically write a text of the Talmud for purposes of study. The Talmud, along with much of our sacred literature, is widely available and easily disseminated in printed and electronic form. I think that if R. Asher were alive today, he might tell us that the best way to facilitate the study of Torah in a palpable and material way is to support the work of the schools and the teachers who dedicate themselves to the fulfillment of that sacred task. How precisely we do this is another question… there are many people and institutions engaged in the work of talmud torah, and they accomplish their mission in many different ways. The point is that, even if you do not personally write or commission the writing of a Torah scroll, you can fulfill the mitzvah to do so by providing material support for the work that the scroll symbolizes.
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Question: Does the mitzvah of pidyon shvuyim (redeeming captives) affect the way we look at prisoner exchanges? Does the mitzvah require us to do everything we can to redeem a captive, or are there limits?
The mitzvah of pidyon sh’vuyim, the redemption of captives, is considered one of our highest moral obligations. The Talmud (Bava Batra 8a-b) describes it as being even a greater mitzvah that tzedakah (charity), and Maimonides waxes eloquently in its praise: “there is no mitzvah as great as the redemption of captives” (Mishneh Torah, Hilkhot Matanot Aniyim 8:10). But, in response to your question, there are limits to what we are required to do in order to fulfill this obligation. The Mishnah (Gitin 4:6) instructs that we are not to redeem captives “at a sum greater than their monetary value.” (How this value is to be measured is an interesting question, but it isn’t our concern at the moment.) The reason it gives for this is mipnei tikun olam, a phrase that might be translated either as “for the protection/welfare of society” or “in order to prevent abuses.” What might these abuses be? The Talmud (Gitin 45a) offers two alternative theories: (1) payment of exorbitant ransoms might bankrupt the community; (2) the knowledge that the community will pay dearly to redeem their captives might tempt would-be kidnappers to seize more hostages. The commentators note that there is a significant practical difference between these two theories. If we follow the first rationale – we do not wish to bankrupt the community – then exorbitant ransoms might be permitted if they are paid from private sources (e.g., a wealthy family) rather than from the public treasure. If our major concern is rationale (2), however, then we might forbid the paying of exorbitant ransoms no matter what the source of the funds. Meanwhile, the very same mishnah cited above fixes another limitation to this mitzvah: we should not try to help captives escape from their keepers. This rule is again explained by the phrase mipnei tikun olam. The concern, as the Talmud notes (Gitin 45a), is that such attempts at rescue will cause the captors to treat their prisoners more harshly.
The question for us is: what do we learn from the “limits” that the tradition places upon the mitzvah of pidyon sh’vuyim? Let’s take your example, that of prisoner exchanges. Based upon a literal reading of the sources I’ve indicated above, we might conclude that Jewish tradition takes a negative view of the decision of the government of Israel to exchange many prisoners, some of whom are convicted terrorists and murderers, to secure the release of one captive Israeli soldier. After all, this is an “exorbitant” ransom, and the government’s willingness to pay it can only encourage the terrorists’ further kidnapping attempts. But before we draw that conclusion, let’s consider that the same texts would also prohibit the government from undertaking attempts to rescue prisoners. If we are forbidden both to meet the terrorists’ ransom demands and to undertake efforts at forcible rescue, what practical options remain? How can we ever hope to return our hostages from captivity?
We should keep in mind that the Talmudic and halakhic sources were written in a very different time than our own. The Rabbis were speaking in the context of a Jewish community that lived under the domination of great empires, a community that had to measure its actions carefully in order not to draw the ire of a hostile government. Today’s context is a very different one. Israel is a sovereign state; the government of Israel must act like a sovereign government, not like the leaders of a minority Jewish community that lives at the sufferance of the dominant host society and that must toe the line drawn by that society. To act as a sovereign state may require the making of tough decisions, one way or the other, that do not precisely comport with the limits established by the Talmud. All this is simply a long way of saying that, when the world changes, the law must take those changes into account. We cannot allow our texts to impose limitations upon our freedom of action that were befitting to a world that has long since passed.
What we can learn from our texts, however, is that moral decisions are never easy. It may be a mitzvah to redeem captives, but there are other values we must take into account before we rush blindly into action. The tradition, I think, teaches us to weigh these values carefully. It then permits us to make the best decision available in our time and our situation.
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Question: My girlfriend runs a business selling hand-spun tzitzit (fringes for a ritual prayer shawl). Recently, a customer asked her if he could send her his tallit (prayer shawl) and have her tie the new tzitzit directly onto it. She agreed, but was surprised to find, when the tallit arrived, that it was a Messianic (a non-Jewish, fully Christian group that usurps Jewish ritual and incorrectly incorporates it into non-Jewish worship) tallit, complete with a New-Testament quote on the atarah (the neckpiece). Would it still be OK to sell tzitzit to this customer? On the one hand, we're profiting from an arguably idolatrous practice, but, on the other, she's helping a (presumably) fellow Jew (albeit an apostate one) fulfill the mitzvah of wearing tzitzit. What Jewish values are at work here? And what should we do?
Look at it this way: by selling tzitzit to a Messianic Jew, you would not be helping him to fulfill a mitzvah. Rather, you would be aiding him in the commission of – at least – two sins (aveirot).
The first of these is apostasy, the abandonment of Judaism for another religion. Jews, as you are well aware, tend to disagree about many things. But one thing we all seem to agree on is that a religion centered upon the figure of Jesus of Nazareth is not Judaism but Christianity. The Messianics, of course, will deny this, arguing that their creed is a legitimate version of Jewish belief. But that’s where we diverge from them. This is one of our red lines, an act of communal self-definition, a boundary that over the last two thousand years has distinguished Jews from Christians. The Messianics do not respect that boundary. But we should.
The second transgression is g’neivat da`at, often translated as “deceptive behavior” or even “false advertising.” Messianic Jews may be quite sincere in thinking that Jesus-worship is a legitimate Jewish act. But precisely because we deny this assertion so completely and fundamentally, we must refute it at every appropriate opportunity. And we ought not do anything that helps them persuade others that one can be a good Jew and a Christian at one and the same time.
For a more complete argument on this question, see the Reform responsum (rabbinical opinion) no. 5754.1, “Selling Ritual Objects to Jews for Jesus,” in Teshuvot for the Nineties (New York: CCAR Press, 1997), pp. 143-146.
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Question: Is there any legitimate basis today to the Jewish concept of mesirah (the prohibition to inform to a secular government) when it comes to child abusers/molesters? Either in Israel, or anywhere else in the world?
Is there any legitimate basis today to the Jewish concept of mesirah (the prohibition to inform to a secular government) when it comes to child abusers/molesters? Either in Israel, or anywhere else in the world?
The concept of mesirah, found in the Talmud and in the medieval legal codes (see Shulchan Arukh Choshen Mishpat 388, par. 7 and 9), prohibits Jews from informing on other Jews to Gentile authorities and from delivering other Jews or their property into the custody of those authorities. The prohibition made sense in a world where the Jewish community suffered oppression at the hands of the dominant society, when Gentile governments denied equal justice to Jews and used their laws to exploit the Jews living in their midst. To turn a Jew over to the Gentile legal authorities exposed that Jew to unfair pressure, extortion, and even mortal danger. In addition, since the Jewish community had its own legal system that enjoyed some powers of enforcement, it was usually unnecessary to call upon outside authorities to protect the community from lawbreakers. The Jews, operating through the mechanisms of Jewish law, were generally able to protect their own.
The world has changed greatly for those of us living in liberal, democratic societies. Today, our Jewish courts do not enjoy legal autonomy and do not exercise the power to enforce Jewish law. More importantly, we enjoy the status of equal citizenship. This means that, in our societies, there is no such thing as the “Gentile government.” The government is elected by its citizens, including the Jews, who are no longer an alien presence in the midst of the country. We, in other words, are “the government”; its laws are our laws, not those of some foreign oppressor. We empower the legal system – the courts, the police, the administrative agencies – to work on our behalf, to enforce the laws that we ourselves have made. The concept of mesirah simply does not apply to us, for when we cooperate with the demands of the law of the state it is our government – and not some “Gentile” regime – that we are dealing with. When that government takes action to protect us from child abusers and molesters, it is simply doing what we have commissioned it to do: to protect us, along with all our fellow citizens, from these lawbreakers.
In a world such as ours, so long as we enjoy equal rights and citizenship in our societies, the doctrine of mesirah has no place. We have no reason to shield Jews from the workings of dina d’malkhuta, the law of the state. Our interest, rather, is to see that justice is done: that the legal system works fairly and equitably for all and that those who would endanger our children are swiftly apprehended and properly punished.
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Question: What is contemporary Jewish thought or interpretation of the Stand Your Ground law?
[Administrators note: As in the Florida law that grants the right to use a gun without retreating if there is a "reasonable" fear for your own life - note the Trayvon Martin/George Zimmerman incident and the court case that followed]
It’s difficult to determine specifically just what Jewish law (let alone “contemporary Jewish thought”) would have to say about the “Stand Your Ground” laws adopted in Florida and some other states. As is often the case, there would likely be a variety of opinions to one side or the other, and we would have to wait and see whether one of those opinions achieved the status of consensus. But I think we can make a few general comments.
Like other legal systems, Jewish law includes a doctrine of self-defense: a person whose life is threatened by an attacker may protect him- or herself through the use of use deadly force, if necessary, against the attacker. On the other hand, there are limits to this doctrine: one is permitted to kill the attacker only if that is the only way to stop him. Suppose that one could have defended himself by wounding or injuring the attacker but kills the attacker instead. According to the halakhah (Jewish law), this is an example of excessive force that is not justified under the self-defense doctrine. On the contrary: the threatened person who resorts to excessive force is judged to be a murderer (Talmud Sanhedrin 74a; Maimonides, Mishneh Torah, Hilkhot Rotze’ach [Laws Concerning Murder] 1:13). True, says Maimonides, this individual is not to be executed for his act, possibly because this is not a case of premeditated murder: the victim was forced into this situation by the attacker. In the heat of the moment, moreover, it may be impossible to measure one’s actions with precision, to insure that one merely wounds – but does not kill - the attacker. The point, though, is that it is in principle forbidden to use excessive force even against an attacker who threatens one’s life.
Let us try to apply this discussion to the Florida statute which, as I understand it, permits the person under attack to use a gun on his attacker and does not require the person to retreat so long as he has a “reasonable” fear for his life. One could argue that this statute is a justifiable application of the doctrine of self-defense under Jewish law. After all, the intended victim can always claim that he or she had a “reasonable” fear that the attacker was bent on murder. And as for the possibility of excessive force, can we ever be certain that the victim could have successfully thwarted the attack by use of less-deadly means? In this view, we should give the victim the benefit of the doubt and not punish him or her to punishment for having acted in self-defense.
My own view, however, is that the “Stand Your Ground” law is faulty because it encourages the use of deadly force. It is stated on numerous bumper stickers that “guns don’t kill people; people do.” But guns happen to be more deadly than most other means of self-defense. By guaranteeing in advance that the person will not be prosecuted for shooting an attacker, the statute makes it more likely that more unnecessary violence and deaths will occur. There is nothing wrong with the right to self-defense, and Jewish law permits an individual to do what is necessary – but only what is necessary – to save his or her life in a situation of attack. But Jewish law would counsel against measures that, however well-intentioned, make it easier and much more probable that individuals will cross the all-important line that distinguishes justifiable and unjustifiable homicide.
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Question: Is a Jew permitted to enter a church, mosque, cathedral, temple, or the site of any other faith?
Traditional halakhah (Jewish law) prohibits a Jew from entering a shrine devoted to avodah zarah, a term that literally means “alien worship” but that our tradition generally reserves for “paganism” or “idolatry.” The ancient sources, the Bible and the Talmudic literature, regarded the worship of idols as the root of all evil, and the authors warned the Israelites and the Jews to stay far away from it and – to the greatest extent possible – from its practitioners.
Does this prohibition apply to contemporary churches, mosques, and other non-Jewish houses of worship? Many rabbinical authorities say “yes,” because they define Christianity and Islam, among other religions, as avodah zarah.
Reform Judaism categorically rejects this position. We follow the view of Rabbi Menachem Hame’iri, a, eminent Talmudic scholar who lived in Provence during the 13th and 14th centuries. It was Hame’iri who described the non-Jews of his day as “peoples characterized by religious culture.” By this, he meant that Christians and Muslims partake of faith traditions that teach moral behavior and devotion to a conception of God that is anything but “pagan.” Those religions are to be distinguished from the avodah zarah that the Bible and Talmud condemn so vociferously. Thus, said Hame’iri, the restrictive and punitive laws that those sources apply specifically to the pagans of ancient times do not apply to Christians and Muslims.
This teaches us the importance of interpreting halakhah and sacred Jewish texts with intelligence, sensitivity, and common sense. Before we blindly condemn the religions of our neighbors as “idolatry,” we ought to examine just what those religions in fact believe, value, and practice. Our neighbors participate in faith traditions that are, indeed, different from ours, and it is vital that we keep the differences in mind. We Jews continue to see ourselves as a distinct religious community, one that resists assimilating into the larger religious cultures that surround us. Still, we should recognize that those religions, like ours, preach the importance of social justice, respect for humanity, and ethical behavior. It therefore makes no sense to us to brand them as avodah zarah and their adherents as “idol worshippers.”
Accordingly, churches, mosques, and the like are not “pagan shrines,” and it is outlandish to ban Jews from entering them.
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Question: Labor union strikes can paralyze a local economy. What is the Jewish position on striking and work stoppages?
First, we should note that Jewish law solidly supports the right of workers to form unions or other trade associations in order to protect their economic interests. The Talmud (Bava Batra 8b-9a) affirms that the members of a community (b’neyha`ir) are empowered to adopt regulations concerning wages, prices, business competition, and the like. The passage also makes clear that the term “members of a community” applies to members of a particular trade group.The medieval commentators and halakhic authorities cite these statements as authoritative. And contemporary halakhic scholars have explicitly extended these provisions to labor unions, that is, to associations of workers as well as artisans and merchants. Both Rabbi Avraham Yitzchak Hakohen Kook and Rabbi BenzionOuziel, who served as chief rabbis of EretzYisrael during the early and mid-20th century, saw labor unionization as a matter of simple justice for workers, an indispensable tool in enabling them to achieve decent wages, working conditions, and economic security. My own Reform movement, including the Central Conference of American Rabbis, has gone on record numerous times over the years in support of the right of workers to organize.
For a detailed discussion of these and other sources, see the latest collection of Reform responsa, Reform Responsa for the Twenty-First Century (New York: CCAR, 2010), vol. 2, pp. 345-354).
All of this implies that Jewish tradition endorses the right of workers to employ sanctions in pursuit of their legitimate economic goals. These sanctions include the right to strike, particularly the conclusion of a contract period (although some sources would seem to permit strikes even during the period of a contract, particularly when inflation and other worsening economic conditions render the contract’s specific terms meaningless).
It should be clear, therefore, that Jewish law does not place exclusive blame for the adverse economic effects of a strike upon the shoulders of unions. When workers go on strike, they are utilizing a power that is guaranteed to them by our sources. On the other hand, the tradition also acknowledges that these effects can be “paralyzing” at times. Many of the authorities over the centuries have urged that labor disputes be brought before a beit din – we might call this a board of arbitration – to be adjudicated fairly, in the interests of all. If such impartial and trusted tribunals existed in our society, we could conceivably bring a just and speedy end to work stoppages. In the absence of such institutions, though, there is no question that Jewish tradition permits workers – no less than it permits employers – the power to organize in the protection of their economic interests.
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Question: Regarding immunizations for children who will be attending day (Jewish or parochial) schools: What is the Jewish view on whether this is obligatory or optional? What Jewish values or ethics are involved in this question?
I’m afraid I can’t give you the Jewish view on this question, because there will be more than one “Jewish view.” The answer requires that we balance a number of competing concerns, and since different people will balance those concerns in different ways, their conclusions will vary.
But I can give you an example of how one group of rabbis worked to formulate an answer to this very question. I am referring to the Responsa Committee of the Central Conference of American Rabbis (CCAR), the association of Reform Rabbis. In 1999, the committee was asked about a congregation’s policy to require certain immunizations before children would be allowed to attend the congregational school. Some parents, who regarded immunization as excessively risky, refused to have their children immunized and challenged the policy. The congregation wanted to know whether its policy was “correct and justifiable according to Jewish tradition.”
In its responsum (opinion; teshuvah), the committee answered “yes.” In arguing for its conclusion, the responsum makes several points. First, Jewish law defines the practice of medicine as a mitzvah, an act that enables us to fulfill the obligation of pikuach nefesh (the preservation of human life), which our tradition regards as perhaps the greatest mitzvah of all. Second, immunization has become accepted the world over as an integral and vital element in the practice of medicine. As with any other medical procedure, there are indeed risks involved with immunization. But the responsum found that: a) these risks are far outweighed by the benefits that immunization provides; b) the scientific community has established effective programs to supervise vaccine safety; and c) by refusing to immunize their children, parents endanger not only the health of those children but of other members of the community who remain susceptible to the disease even after they have been immunized. For all these reasons, the responsum concluded that a congregation or school is well within its rights to adopt a compulsory immunization policy.
Third, the responsum insists upon the value of following scientific procedures in questions of this nature. Scientists, as we know, are not perfect, and the conclusions drawn by science at any particular stage of history may well be overturned on the basis of further research. But that’s just it: the scientific community derives knowledge through research, a discipline that tests the findings of individual researchers and helps uncover and correct mistakes. When the overwhelming consensus in the scientific community holds that immunization prevents deadly diseases and that the risks of immunization are either nonexistent or minimal, that consensus is worthy of our confidence.
For a more expansive discussion of all these points, along with the traditional texts upon which the conclusion is based, please see Reform Responsa for the Twenty-First Century (New York: CCAR, 2010), vol. 1, no. 5759.10, pp. 107=120.
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Question: I understand that Judaism takes a relatively more lenient position on abortion than do other religions. What is the position on "embryo reduction" - selectively aborting one or more so that others have a better chance of survival?
Jewish tradition would permit embryo reduction in the situation you describe. This is because, as you note, “Judaism takes a relatively more lenient position” on abortion than do some other religious traditions. But just how lenient that position is has been the subject of a long dispute among the halakhic (i.e., Jewish legal) authorities. Broadly speaking, these authorities have been willing to permit therapeutic abortions on the basis of either of two conflicting theories that justify the destruction of the fetus.
1. The first theory holds that the fetus may be aborted when its birth would pose a mortal or other grave danger to the mother’s life. This theory is based upon the legal doctrine of the “pursuer” (rodef) who endangers the life of another individual. Like other legal systems, Jewish law teaches that in such cases the “pursuer” must be stopped, even at the cost of his life, from threatening the life of his victim. According to this first theory, the fetus is defined as a “pursuer” and the abortion is permitted.
2. The second theory proceeds from the fact that, under Jewish law, the fetus is not a nefesh, that is, a full-fledged legal person who enjoys equal status with all other members of the community. Under this theory, an abortion is permissible precisely because its mother enjoys a higher legal and moral status. Halakhic authorities who adhere to this theory concerning the fetus and abortion – and this includes some Orthodox rabbis as well as most liberal rabbis – will likely be prepared to approve of abortion in a wider range of cases than those (primarily Orthodox) rabbis who favor theory #1.
With respect to your question, rabbis who support both theories have said “yes” to the procedure of fetal reduction.
a. The late Rabbi Shlomo Zalman Auerbach (d. 1995) is reported to have permitted fetal reduction in at least two cases (quadruplets and sextuplets) where the physicians judged that not all of the embryos would survive birth. Rabbi Auerbach based his permit upon the doctrine of the “pursuer”: since the embryos posed a mortal danger to each other, selective reduction was permissible in order to save some of them (A. S. Avraham, Sefer Nishmat Avraham, vol. 5 [1997], p. 234).
b. The late Rabbi Haim David Halevy (d. 1998), the chief Sefardic rabbi of Tel Aviv-Yafo, permitted fetal reduction on the grounds that the fetus is not a nefesh: the destruction of the fetus is not considered “murder” in Jewish law, so that abortion and fetal reduction are permissible for sufficient cause, even if that cause does not amount to mortal danger (Sefer Assya, vol. 47-48, 1989).
Mark Washofsky
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Question: One of the most moving prayers of Yom Kippur is “Kol Nidre.” Yet it’s a rather boring description of how we are nullifying our vows from the past year. Shouldn’t the highlight of the Yom Kippur eve service be something more along the lines of repentance, forgiveness, or supplication? How did vow nullification get such prominent status?
Let’s start with a technical note. The version of “Kol Nidre” that most of us (at least, most of the Jews reading this post) recite today does not nullify the vows we have made during the past year. Rather, it annuls in advance the vows that we might make during the coming year (“from this Yom Kippur until the next”). This version is attributed to R. Ya`akov Tam, a towering Talmudic scholar of the twelfth century, who raised some important legal objections to the then-existing text, which did in fact refer to the vows of the past year. (His point, to oversimplify, was that the “Kol Nidre” formula has no force in Jewish law to undo vows already taken. To enjoy any efficacy, it must refer to vows that one might swear inadvertently during the coming year.) To be sure, not all Jewish communities accepted R. Tam’s criticism of the “Kol Nidre” text. And to make matters even more complicated, many Sefardic prayer books feature a “combined” version of “Kol Nidre” which refers to vows taken during the past year and to those one might take during the coming year!
Either way, of course, “Kol Nidre” is, as you put it, a “boring” legal text. Your question, therefore, is a very good one: how did such a text achieve such a prominent status in our Yom Kippur liturgy? The truth is that, as a historical matter, we don’t know. Over the centuries, thoughtful Jews have tried to come up with an explanation. For example, some have suggested that “Kol Nidre” originated among communities where Jews were forcibly converted to Christianity, as a means of addressing their guilt over vowing to forsake their Judaism and to enter the Church. That’s a powerful story, but, alas, it isn’t accurate. “Kol Nidre” entered our prayer services at least as far back as 10th-century Babylonia (Iraq), and the contemporary rabbis who mention it - and who mostly oppose its recitation - never associate it with forced conversion to another religion (which at that place and time would have been Islam, not Christianity). All we do know is that over time the “Kol Nidre” formula won the fierce loyalty of Jews around the world, a loyalty that has resisted the occasional attempts of well-meaning rabbis to remove it from the prayer book. Some say that this may have to do with the beautiful, haunting melody to which the formula is traditionally chanted. Others point to the dramatic setting of the “Kol Nidre”: the removal of the Torah scrolls from the ark, the arresting language of the surrounding liturgy (“by authority of the heavenly court…”), which evokes the image of our standing before the bar of judgment on the holiest day of the year. Whatever the reason or reasons, it is no longer possible for us to imagine the onset of Yom Kippur in the absence of “Kol Nidre.”
The truth is that “Kol Nidre” has long since become more a symbol than a legal formula; its meaning for Jews transcends the literal import of its dry Aramaic text. For me, it evokes the spiritual longings of Jews in all ages who face the uncertainties of the new year. We seek to live in harmony with God, yet who among us can know what the future will bring? Who can say for sure whether she or he will successfully overcome the challenges that life, in all its unpredictable complexity, will place before us? When I chant “Kol Nidre” quietly, along with the chazzan, I join my own uncertainties concerning the future to those of my brothers and sisters throughout the centuries. They saw in “Kol Nidre” a way to plan for their future, to avoid the pitfalls that might lead them inadvertently to make promises they could not keep; they sought by this means to exert a measure of control over the chaos of life that leads us to sin. When I say “Kol Nidre,” I stand in their shoes and join my experience to theirs. It frequently moves me to tears. But it never fails to leave me with a sense of spiritual strength.
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Question: What is the Jewish thought behind revenge, and how does that apply to the recent decision to boycott a certain whiskey distiller is Scotland because they boycotted Israeli products? "You boycott us, we boycott you" is not necessarily a Jewish response.
You’re right that Jewish tradition frowns upon vengeance. Such behavior is explicitly prohibited by Leviticus 19:18, and that prohibition finds its way into the leading codes of Jewish law. On the other hand, as you know, the line between “revenge” and “justice” can be a very fine one. And, in fact, the economic boycott enjoys a long history as a Jewish tool for securing social justice. A famous example is the ruling by the 17th-century Rabbi Menachem Mendel Krochmal (Responsa Tzemach Tzedek, no. 28) permitting Jews to organize a boycott against fish mongers who would raise their prices to unreasonable levels at the end of every week in order to take advantage of Jews who bought fish for their Shabbat meals. Was that a case of “revenge”? Rabbi Krochmal, obviously, preferred to think of it as “justice.” In addition, the economic boycott has been an important weapon in the fight for workers’ rights and labor organization. And while it is possible to argue over the wisdom or righteousness of particular labor actions, Jewish law has long recognized the right of workers to use the boycott as a means of securing their economic interests. Finally, the economic boycott has been a central feature in many recent struggles for social justice – the civil rights movement is a prime example – to which the Jewish community has given its support. Was the Montgomery, Alabama bus boycott an act of “revenge”? What about the lunch counter sit-ins? I would rather think of them as acts aimed at achieving justice for all.
If we in fact believe that the proposed boycott of certain Scotch whiskeys might be an effective means of securing justice – i.e., the end of the unjust boycott against Israeli products – then Jewish tradition would not demand that we refrain from taking that action.
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Question: We just got married, and I found out that my husband is suffering from impotency (impotence). If I didn't know about this prior to marriage, can this marriage be annulled? Isn't this a basic fact that I should have been told before I was asked to consent to marriage? What is the reason for marriage anyway, if not to have children?
Yours is a question on three different levels, each of them much too complex to answer adequately in this space. Let’s try, however, to set forth the major issues.
The first level is the legal one: you ask “can this marriage be annulled?” Since you submitted your question to this forum, I assume you want to know how Jewish law would answer it. And, as a matter of fact, Jewish law (halakhah) does recognize impotence and male sterility as potential grounds for divorce (see Shulchan Arukh, Even Ha`ezer 154:6-7). The application of these rules, as you might expect, is a very technical matter, and you would be well-advised, should you choose to follow this path and seek a Jewish divorce, to consult a knowledgeable and sympathetic rabbi for assistance. I say “divorce” rather than “annulment,” because the question of marriage annulment (hafka`at kidushin) is quite contested within the rabbinical community. Most Orthodox rabbis will tell you that, although the Talmud and numerous post-Talmudic authorities speak of the power of Jewish courts to annul marriages under certain circumstances, rabbis today do not enjoy this power. Many liberal rabbis will disagree.
The second level in your question is the moral one. Did your husband knowingly deceive you about his impotence? If so, he clearly acted in bad faith. Marriage should always be based upon open and honest communication between the partners. If your husband knew of his impotence – which is hardly an insignificant matter – and chose to hide that fact from you, then he has wronged you, and you have a right to be angry and to demand relief. (Of course, his version of the story may well differ from yours.)
The third level is what I’d call the personal or interpersonal one. After all, you ask: “What is the reason for marriage anyway, if not to have children?” That’s a very good question, and it admits of various answers; having children is an important reason for marriage, but it’s not the only one. I would suggest – since I’m a rabbi and a professional buttinsky – that you consider speaking to a counselor, either as a couple or as an individual. A good counselor, rabbinical or otherwise, would want to explore with you the reasons why you married this man, despite the obvious problems of communication between the two of you. Given that impotence is a medically treatable condition, and given that fertility technologies exist that could enable you to become parents, the counselor might ask you to consider why you believe that ending the marriage is the best option. This does not mean, of course, that you are wrong to want a divorce, that you are wrong to be angry, or that your husband is blameless in this matter. It is rather to suggest that the issues here extend beyond the boundaries of legal or moral judgment and that, before you make your decision, you have thought carefully and prayerfully about those issues.
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Question: Is there a Jewish obligation to look after your health - diet / exercise / etc? I feel like the centrality of food in Jewish culture and ritual is really damaging to other values, like guarding your life. Is there a real basis for my discomfort?
In addressing your question, I can’t possibly improve upon the following statement of Rabbi Moshe ben Maimon (Rambam; Maimonides) in his great code of Jewish law, the Mishneh Torah (HilkhotDe`ot 4:1). There, he teaches that keeping our bodies healthy is an integral part of our worship of God, “for it is impossible for one to gain any knowledge of the Creator when one is ill.” Therefore, he continues, one must abstain from substances and habits that weaken the body and behave in ways that are conducive to physical health. He follows this with a detailed prescription (remember that Rambam was a physician) for a proper diet, good sleeping habits, sufficient exercise and prudent personal hygiene. Given that Rambam was working on the basis of the best available science in his time – the 12th century – it is quite possible that we today would disagree with some or many of his instructions. His basic point, however, is as relevant as it ever was: the preservation of bodily health and well-being is an essential element of Jewish religious teaching. So, to respond directly to your question: yes, there is a Jewish obligation to look after one’s diet, exercise, etc. Or, to put this differently: there is no mitzvah that requires us to overeat or to eat an unhealthy diet.
You’re right that food is a central element in “Jewish culture and ritual.” But then, the same can be said for other cultural traditions. And while some say that “Jewish cuisine” (especially the Eastern European variety familiar to many American Jews) is fatty, starchy, caloric, and what-not, this doesn’t have to be the case. Real Jewish cuisine is as varied and as interesting and as potentially nutritious as any other. Take a look at Tina Wasserman’s Entrée to Judaism: A Culinary Exploration of the Jewish Diaspora (URJ Press, 2009) if you don’t believe me. There is no reason why Jews cannot eat “Jewish” and “healthy” at the same time. All it takes is some sekhel (intelligence; common sense), some planning, some will power, and a deeper appreciation of what “Jewish culture and ritual” really do require of us.
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Question: If I get a tax return refund for (having given) charity, can I consider myself as having tithed? Or should I re-tithe the return?
First of all, kol hakavod (congratulations) on fulfilling this wonderful mitzvah. That you tithe should serve as an example to us all.
Rabbi Moshe Feinstein, the great Orthodox halakhic authority, rules that one may keep the tax deduction that one receives for giving charity (Responsa Igrot Moshe, Yoreh De`ah 1:143). His reasoning, apparently, is that the government’s decision to grant that deduction and lower one’s taxes is the government’s own choice, a matter separate and distinct from one’s decision to give charity. Thus, according to Jewish law, the financial benefit you accrue by reducing your tax bill belongs to you and need not be counted as part of your tzedakah (“charity”) obligation.
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Question: Over 18 years ago a Reform rabbi and a cantor officiated at my wedding. Now I am going through a divorce. I am interested in having a get (Jewish divorce decree). Being a Reform Jewish professional, what should I do? Is it necessary to have an Orthodox beit din? Are there other (non-Orthodox) means to acquire a get? What are the consequences of the various options, if they differ? And what are the expenses and requirements associated with this process?
“Is it necessary to have an Orthodox beit din?” That depends on your purpose in obtaining the get. There are, indeed, “non-Orthodox” gitin (plural for get, and see below), but Orthodox authorities will accept a get as valid only if it is issued by an Orthodox beit din. To put this another way: the only sort of get that is recognized by all Jews is an Orthodox get. To have such a document might be useful, especially if you someday wish to marry an Orthodox Jew or if you wish to get married in Israel, where the laws of marriage and divorce for Jews are under the exclusive supervision of the Orthodox rabbinate. There are other, less pragmatic reasons that argue for an Orthodox get. The fact that so many non-Orthodox Jews have divorced and remarried without benefit of Jewish divorce decrees – to be more precise, without benefit of Orthodox divorce decrees – raises some sensitive and complex issues of ritual law. These divorcees and their children might encounter difficulties if they seek to marry Jews in many communities. If the cause of “Jewish unity” is important to you – and it should be important to all of us – this is something to think about.
Still, there are some strong arguments pointing in the other direction. For one thing, the Orthodox get enforces and reinforces traditional gender roles that, as a Reform Jew, you are likely to find discriminatory. Under Biblical law, while the husband is empowered to divorce the wife, the reverse is not true. He issues the divorce to her; she, on the other hand, cannot divorce him. This imbalance of power has led to much injustice and suffering over the centuries as many wives remained legally bound to marriages when their husbands either could not or would not release them by issuing a get. Rabbis have struggled valiantly to remedy these problems, but their efforts (at least in the Orthodox community) have met with only partial success. You might decide that you do not wish to participate in a process that can lead to such painful and frankly unjust results. In addition, the Orthodox divorce process can be (though it doesn’t have to be) slow-moving and cumbersome. This, too, can be a source of much pain and injustice as well as of inconvenience: why should people be forced to wait so long for a get when their marriages have effectively ended and they are simply trying to rebuild their personal lives?
There are, in fact, non-Orthodox alternatives to an Orthodox get. The Conservative movement has its own get process, and a Reform rabbi can conduct a “ritual of separation” that, while not formally a get, marks the end of a marriage. These alternatives avoid the sorts of injustice that we have been speaking about, but remember: Orthodox authorities do not accept them as valid Jewish divorce. Whether either of them is appropriate or sufficient for you is a question you will want to discuss with your own rabbi(s).
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Question: I see so many things on Facebook status updates and Twitter feeds that seem so improper somehow – why do we all need to know every detail of everyone’s life? But I seem to be alone here. Does Judaism have anything to say about the ethics of privacy? Could this possibly be a “tzniut” issue?
Judaism does indeed have much to say about privacy. While Jewish tradition doesn’t tend to speak in terms of “rights,” it does teach us of the demand to protect the personal dignity and the personal space of those around us. We are forbidden, for example, to trespass against the reputation of our fellow human being, whether in the form of slander (lashon hara) or gossip (r’khilut). Jewish law empowers one to demand that a neighbor erect a barrier ( a privacy fence) so that the neighbor cannot peer into one’s house or courtyard; “the damage inflicted by ‘prying eyes’ (hezek r’iyah) is a cause for legal action.” A leading medieval rabbi enacted a rule forbidding a person from reading a letter sent to another without the other’s consent. (On all of this, see Reform Responsa for the Twenty-First Century, CCAR Press, 2010, vol. 1, pp. 334-337.) We learn from all this that fundamental human dignity (sometimes called k’vod hab’riyot) is inextricably bound up with the value that we call “privacy,” so that the former can hardly exist when the latter is violated.
Our Jewish community has yet to discuss adequately how the value of privacy – to say nothing of tzniyut, the concept of personal modesty and restraint – might apply to the new social media. While I can’t imagine that the main stream of our tradition’s teachings would somehow “forbid” the use of these media – any more than it “forbids” the electronic technology that makes them possible – it would seem to have a great deal to teach us about how we use them so as to ensure that the concepts of privacy, dignity, and modesty remain a real presence in our lives and are not consigned as relics to the Museum of the Hopelessly Outdated. This is clearly an issue that rabbis, Jewish teachers, and the rest of us will want to focus upon in great detail in the coming years.
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Question: Tzedakah (giving to others) is a given in Judaism. I know Maimonides wrote about a ladder of levels of giving. Did he also address to whom one should give (picking recipients)? How about how to prioritize? Is there a Jewish approach to how to do this?
Maimonides did speak of a “ladder” of levels of tzedakah (Mishneh Torah, Hilkhot Matanot Aniyim, chapter 10). He also speaks, in several places, about the sorts of priorities you mention, drawing upon Talmudic tradition. In these rulings, he mentions several different “Jewish approaches” to setting priorities. In Hilkhot Matanot Aniyim 7:13, he follows what we might call a “relationship” scale of priorities: you should give first and foremost to the ones closest to you, in family ties (“the poor person who is your relative takes precedence over all others”) and then in geography (“the poor of your own town take precedence over the poor of other towns”). Meanwhile, in the next chapter of his Code (8:17), he puts forth a “status” scale: if there are many poor people who need our help, we should help them according to their Biblical ritual status (kohen [priest] comes before the Levite, who comes before the yisrael [Jew not stemming from the tribe of Levi], who comes before others in a sliding scale of genealogical blemishes. This, meanwhile, follows upon a rule setting up a “gender-based” scale of priorities (8:15): men take precedence over women on certain tzedakah-related matters while women come first with respect to others.
The traditional Talmudic mindset, upon confronting these differing scales of priorities, might seek to resolve them into one coherent system. It might be better, though, not to try. What Maimonides may be telling us with all these differing approaches is that the Jewish tradition on tzedakah is complex. There are too many deserving people and causes to imagine that we can come up with a one-size-fits-all approach to giving. The world, moreover, has changed. For example, if we take Maimonides literally, we can never give to national or international causes (“the poor of other towns”) before we have taken care of the poor of our own locale. Yet the world today is a much smaller place than it was in ancient and medieval times; our “community” of concern extends far beyond our city limits. To what extent does this “community” include non-specifically-Jewish causes? What Maimonides has to say about that issue is in some ways surprisingly progressive, but it may not be relevant to our social and political situation today. And what do we do about those rules that set gender-based priorities or priorities based in ritual status? Such rules stand in sharp contradiction with the value systems by which most of us, happily, live today.
I’d prefer to leave Maimonides as he is, offering several different and conflicting orders of priorities. This state of contradiction might be confusing, but it helps us keep in mind some basic truths: namely, that Jewish tradition does not always speak with a single voice; that different solutions are advanced at different stages throughout history, each one responding to the perceived needs and values of its time; and that the ultimate decision on the allocation of tzedakah, while it should be guided and influenced by the teachings of our sacred texts, cannot be determined by the texts alone. That decision, rather, must be made by us, working together in community. And we must take responsibility for that decision.
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Question: Is the Agunah issue just an "Orthodox problem"? Or is it a "Jewish problem"?
The agunah issue is both an “Orthodox” and a “Jewish” problem.
First, a word about definitions. In traditional Jewish law, the term “agunah” (literally, a wife who is “anchored” or “chained” to her husband) originally referred to a woman whose husband has disappeared. In the absence of proof of the husband’s death or of a divorce document (get) issued by him to her, the wife is unable to remarry. Today, the word more frequently designates the m’surevet get, the wife whose husband refuses to issue her a get even when it is clear that the marriage for all practical purposes has come to an end. Until she receives that document of divorce, she is unable under traditional Jewish law to marry anyone else. This is the case even if the couple have been divorced in the civil courts, since traditional Jewish law does not accept the validity of divorce actions processed by non-Jewish legal systems. For purposes of this discussion, the word agunah refers to a wife in this second category.
The agunah issue is a “problem,” first of all, because of the very fact that according to biblical law (see Deuteronomy 24:1), divorce must be granted by the husband to the wife. The wife cannot divorce her husband, nor can the community or the court issue a decree of divorce. Today, virtually all liberal Jews and not a few Orthodox Jews would agree that this unequal distribution of legal power is itself an example of unfairness and inequity. At the very least, the law as it stands enables an unscrupulous husband to oppress his wife, to refuse to issue a divorce unless she meets his outrageous and extortionate demands.
The agunah is an “Orthodox” problem because the category no longer exists in other denominations. Liberal rabbis have adopted a variety of remedies (too technical to spell out here) that enable a woman to bring her marriage to an end even when her husband refuses to cooperate in the Jewish divorce procedure. Orthodox rabbis have generally rejected these remedies on the basis of Jewish legal arguments that liberal rabbis find unpersuasive. Thus, the problem continues to plague Orthodox Jewish women in the Diaspora and all Jewish women in Israel, where the laws of marriage and divorce for all Jews are administered by the Orthodox rabbinate. This does not mean that Orthodox rabbis are indifferent to the plight of the agunah. Indeed, they have instituted a number of remedies of their own, but these measures, while perhaps reducing the number of women who suffer such a fate, have not solved the problem. Although precise statistics are hard to come by, there are still far too many agunot, Jewish women whose lives are chained to the will of men who cruelly refuse to live up to the standards of simple justice and decency.
The agunah is a “Jewish” problem because the very existence of this legal category is a reproach to Jewish law and a stain on the moral reputation of the Jewish people as a whole. We all suffer as long as the agunah continues to suffer. We should all, therefore, do what we can to support organizations within the Orthodox community, such as the Jewish Orthodox Feminist Alliance (http://www.jofa.org/), that offer support to agunot and bring pressure upon recalcitrant husbands to live up to their moral duty.
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Question: Israel's rabbis occasionally declare a day of fasting and prayer in the hopes that it could bring rain to the country in a drought. What is the religious doctrine behind such a calling?
The Israeli rabbis acted in accordance with an ancient practice mentioned in the Mishnah, the authoritative codification of Jewish law that was edited around the year 200 C.E. The text, found in the Mishnah’s tractate Ta`anit 1:5 (the word ta`anit literally means “a fast”), specifies that if the seasonal rains do not come to the land of Israel by the first of the month of Kislev, “the beit din (the rabbinical court) decrees three public fasts.” These fasts are from sunup to sundown. More severe fasts are decreed in the event the drought continues beyond this point. November 18 was 11 Kislev on the Jewish calendar.
The “religious doctrine” behind this practice, of course, is that droughts can be seen as divine punishment for the sins of the community. This fast, like the more severe fasts on Tisha B`av and Yom Kippur, are aimed at atoning for those sins so that God will send the desperately needed rain. Many of us, for good reason, no longer accept this doctrine in its literal form. We do not accept the idea that the natural universe works in accordance with human morality. Simply put: droughts, earthquakes, and volcanoes happen because they happen and not because we cause them by our evil behavior. On the other hand, there can be great moral and symbolic value in using natural calamities as moments to spur reflection and introspection. Besides, given what we’re learning about climate change, who is to say that our actions on this earth don’t contribute in some significant way to drought? Perhaps it’s not a bad idea to use the absence of rainfall – which ought to occur by this time of the year in Israel – as an opportunity to consider the effects of human activity upon the natural environment in general and upon climate in particular.
It could just be, in other words, that the Rabbis were on to something.
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Question: Can a rabbi, congregation, or anyone in need ever knowingly accept a donation of money that was acquired illegally, for instance under extreme circumstances, when it may be very badly needed?
If the money was acquired illegally, then the answer is certainly “no”: it isn’t the donor’s money to give, and by accepting it, the rabbi or congregation is participating in that donor’s act of theft.
Suppose, however, that the money is, as you say, “very badly needed.” Perhaps it is a matter of life and death; does that fact change the equation? Well, yes and no (how’s that for a gutsy answer?). On the one hand, situations that constitute true emergencies are often governed by emergency rules. Saving life (pikuach nefesh) takes priority over almost every other mitzvah or Jewish religious duty. Therefore, we could make a case for using the ill-gotten money to respond to whatever clear and present danger we happen to face. On the other hand, one is not “permitted” to use the property of another in order to save one’s own life. That is, the property does not become legally yours by the mere fact that you face an emergency. Practically speaking, this means that if you do use someone else’s property in order to save your life, you have to compensate the owner after the emergency has passed. If the "emergency" is not a matter of life and death, though, it's hard to see how an individual or community could properly accept the stolen money in the first place.
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Question: The 33 Chilean miners rescued on October 13 made a pact with each other while trapped underground for 69 days that they wouldn't share publicly the details of their experiences. But in the midst of their own poverty combined with significant media attention, some of them have broken that pact. Are they allowed to break a promise to each other in order to take care of themselves and their families?
In Jewish law, we would ask whether the miners’ pact has the status of a vow (neder) or an oath (shevu`ah). If so, then they would have to undertake a formal legal process to cancel or annul the promise. This would require that a court (beit din) find some valid reason why the promise should not be enforced. This valid reason usually takes the form of “regret” - charatah - that is, the person who made the promise says with sincerity that “had I only known that thus-and-such would be the case, I never would have made the promise.” We could argue that this applies in our case: had the miners thoroughly understood their situation, many of them may not have entered into the agreement.
On the other hand, they did make the promise, a promise that binds them to each other, and if some of them decide not to honor it, they may well be causing harm to their fellow miners. Our tradition places a great value upon living up to the promises we make. As we read in Psalms 15:4, the person who receives God’s blessing is “the one who keeps his oath, even to his own disadvantage.”
It is difficult for any of us to stand in judgment of persons who have experienced what these miners have. But they really should try to honor the pact that they made.
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Question: Is plastic (cosmetic) surgery permitted by the Torah? Is there a difference in the Jewish view between reparative and elective surgeries? Does Judaism approve of cosmetic procedures (not life saving, and not physically reconstructive) if it makes the person feel better?
The discussion over this question goes all the way back to the ancient Rabbis. Granted that we are forbidden to injure other people, are we permitted to cause physical damage (chavalah) to ourselves? If so, for what reasons? (M. Bava Kama 8:5, B. Bava Kama 91a-b). The decision, as worked out in the traditional halakhic sources, is that we are forbidden to do so only if the act is performed in an attitude of contempt for the body and when undertaken for harmful or pointless ends. Cosmetic surgery falls squarely in the middle of this debate. Is it “contemptible”? If not, is it “harmful” or “pointless”? As you can imagine, Jewish scholars are divided over this issue, and the answer that any one of them would give you probably has a lot to do with the reason(s) for which a particular procedure is undertaken. Generally speaking – and there will be exceptions to this general rule – most will have little problem with reconstructive surgery, since that can be justified as part of our response to disease. Cosmetic surgery that is elected for the purpose of physical enhancement, however, is a much more difficult issue. To the extent that the surgery can be justified on serious psychological or emotional grounds (however that term is to be defined), we can say that Jewish tradition is more likely to approve of it. The response will be much more hesitant, however, if the procedure is to be undertaken simply because “it makes the person feel better.” In that case, Jewish teaching would likely want us to think carefully about why we are dissatisfied with our body image and why we are willing to undergo what may be very expensive and involved surgeries in order to “enhance” ourselves. It would have us consider, in other words, how we define the idea of physical beauty and ask ourselves very carefully whether we truly honor our bodies – and their Creator – when we seek to “improve” upon them in this fashion.
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Question: We were once strangers in a strange land, but what does Judaism have to say about the U.S.'s immigration policies? Is the recent Arizona law in keeping with Jewish views?
While Judaism does command us to love the stranger, it does not necessarily oppose laws that “get tough” on illegal immigration. The governing Jewish legal principle here is dina demalkhuta dina, “the law of the state is the law.” That is to say, Judaism recognizes the right of a government to exercise powers that belong to its legitimate prerogative. Since it is widely accepted that the protection of national borders and the control of immigration are part of a government’s “legitimate prerogative,” Jewish law holds that the state is empowered to enact policies to that end. On the other hand, dina demalkhuta dina also requires that, in order to be considered “legitimate,” a law must apply equally to all the citizens of the realm. If the Arizona statute falls unfairly upon a particular ethnic minority, it is not valid under the principle that “the law of the state is the law.”
The question, in other words, is one of fact: does the law discriminate unnecessarily? Is it unjust? Or is it a necessary and proper measure undertaken to protect the public safety, a claim made by the state of Arizona and vigorously contested by opponents of the law? This factual question should be the focus of Jews who are concerned about social justice.
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Question: If a Jewish woman isn't married but would like to have a child, does Jewish law permit in vitro fertilization?
Some rabbis, particularly those on the traditionalist end of the Jewish religious spectrum, would raise very strong objections to this request on Jewish legal (halakhic) grounds. Many of those halakhic authorities who approve of in vitro fertilization (or, for that matter, of artificial insemination) restrict their approval to cases where the semen donor is the woman’s husband. These rabbis would presumably be reluctant to grant approval to the creation of a single-mother family. True, one could argue that the woman in this case is trying to fulfill the commandment of procreation (“be fruitful and multiply”- Genesis 1:28). The traditional understanding of that verse, however, holds that the obligation applies specifically to males and not to females. Thus, while the semen donor might be fulfilling an obligation in this case - that is, if he’s Jewish - it could be argued that the woman herself fulfills no mitzvah by having a child in this manner.
It’s vital to recognize, though, that not all rabbis agree with this reasoning. Rabbis who represent the more “liberal” wings of the Jewish religious spectrum are more likely to interpret the mitzvah of procreation differently, namely that it applies to women as well as to men. In addition, we tend to recognize today that one’s desire to build a family need not depend upon one’s ability to find a suitable spouse. To put this differently, we are much more accepting of diverse sorts of families, so that many of us no longer take a negative view of the phenomenon of single-mother households. Our concern would probably be more focused upon the woman’s readiness - psychologically, emotionally, and in all other personal and social respects - to take on the challenge of raising a child on her own. If she is, then we are much less likely than ever before to teach her that Jewish law somehow forbids her to build a Jewish family and to bring Jewish children into the world.
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Question: Does the Yom Kippur law of asking forgiveness from your neighbors apply only to those who are of the Jewish faith or all people you feel you may have hurt or wronged or injured of any faith?
First of all, the law concerning asking forgiveness doesn’t apply only to Yom Kippur. We should seek to reconcile with others whenever we feel we have wronged them, at whatever time of the year. Yom Kippur may be a good time to think about these things; by setting a sort of deadline, we are encouraged to get down to the business of teshuvah (repentance) and not to put it off till later. By that token, though, we should seek forgiveness throughout the year and not wait until Yom Kippur to think about it and to act.
Second, we are required to seek forgiveness from anyone against whom we have sinned. Some Jews might think that our moral responsibility extends only to those within the Jewish community. If so, this would make it theoretically impossible to sin against a person who is not Jewish. Don’t believe it. The best and the most sensitive Jewish thinkers of all denominations teach that we are obligated to treat all human beings with respect and dignity. To sin against any person, of whatever faith, community, or national origin, is quite simply a sin. And we should seek their forgiveness for that sin.
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Question: What is the Jewish view regarding abortion?
This is a very complex question. The answer depends largely upon how one defines "the" Jewish view on abortion (or any other subject for that matter). Frequently, we have to speak of Jewish views rather than of a single correct answer. And even if we agree that "the" Jewish view regarding abortion is the one offered by halakhah (traditional Jewish law), the fact is that the halakhah is not of one voice on this issue.
Even so, with all this in mind, there are some things we can say with confidence.
1. Jewish law does not define abortion as "murder." This is because the fetus is not defined as a nefesh, a full legal person. (The fetus is certainly a human organism, and we might even call it a "human being," depending upon how we define the word "being." But that is different than calling it a person, which is a legal, rather than a biological designation.)
2. Jewish law requires that an abortion be performed in cases when the birth of the child would endanger the life of the mother.
3. Some Jewish legal authorities justify this abortion on the grounds that the fetus is a "pursuer" attempting to kill the mother. In such cases of "pursuit," the law often justifies the sacrifice of the pursuer in order to save the life of his/her intended victim.
4. Other Jewish legal authorities reject this analogy. The fetus is not a "pursuer," because it cannot form intent and because its act of "pursuit" is simply the natural process of birth. If abortion is necessary to save the mother, they justify it on the grounds that the fetus is not a nefesh and that the mother, who is a full legal person, therefore takes precedence over its life.
5. Many recent authorities - and I include some estimable Orthodox rabbis in this group - learn from this that, precisely because the fetus is not a nefesh, abortion may be justified for purposes of protecting the mother's health as well as her life. And "health" can include emotional and psychological health along with her physical well-being. Others, including most (but not all) contemporary Orthodox authorities, take a more stringent view and restrict abortion to cases where the mother's life is in danger.
6. Even according to the more lenient view described in the last paragraph, Jewish law does not sanction abortion "on demand," that is, without sufficient cause. But just what constitutes "sufficient cause" is, as we have seen, a matter of deep controversy and disagreement. No choice for abortion should be made in a cavalier manner, but an abortion may be justifiable in a wide variety of circumstances.
As a result of this controversy and disagreement, most Reform rabbis oppose any effort by the government and its police forces to restrict a woman's right to decide in favor of abortion. Not because her decision is always "right," but because she should not be prevented from arriving at a choice that is, quite possibly, morally justifiable. To deny her that right is to interfere with her moral, and quite possibly religious freedom.
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Question: As the son of a Pole who lost touch with his Jewish roots and married a non-Jewish woman, I went through the conversion process, including Brit Milah, Mikvah, and Beit Din, to reclaim that heritage. Why, as a person who prays daily, with regard to Aliyah, etc. am I considered less than a Jew in the eyes of those I view as family?
Your question indicates that someone has told you that, as a convert, you are "less than a Jew."
On its face, this statement is absolutely incorrect. The Talmud (B. Yevamot 47b) declares that once an individual has completed the conversion process "he is considered yisrael - a Jew - in all respects." You have nothing to be ashamed of; your Jewishness is as "Jewish" as that of those who were born with that status. Indeed, as Maimonides wrote in a famous responsum, the ger (convert) in some ways enjoys an even more exalted Jewish status: "if we (Jews by birth) trace our ancestry back to Abraham, Isaac, and Jacob, you can trace yours back to the One who spoke created the world."
Our tradition teaches that all of us - Jews by birth and Jews by choice alike - stood at Sinai and said "yes" to the Torah and to God's covenant. In a legal sense, your conversion process - Brit Milah, Mikveh, Beit Din - is a symbolic reenactment of the process that our ancestors went through before they received the Torah (B. Keritot 9a). Legally, then, as well as spiritually, you are just as "Jewish" as any other Jew.
This doesn't mean that you won't encounter difficulties with some Jews who are prejudiced with respect to converts. You will; indeed, you already have. But that's all it is - prejudice, an all-too-human weakness. The best response you can make to it is to do exactly what you're doing: to identify and to live fully as a Jew.
You are not "less than a Jew"... neither according to Jewish law, nor in the eyes of your family.
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