All Questions Answered by Rabbi David Schuck (Emeritus)
Question: Can a female child be named for a deceased grandfather if his Hebrew name is Meir Eliazor ben Meir hakohen? What would a feminine form of this name be?
It is absolutely appropriate (and quite beautiful!) to name a child after a deceased grandparent (Sephardi custom is to name after living relatives). The feminine form is Meirah and for Eliezer, you can choose Elie, Elliah, and Azriela.
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Question: Our Orthodox Jewish neighbor always knocks on our door during their sabbath to turn on lights, turn off things. This happens every weekend and it is driving us nuts. We live in a Condo and they live below us. What is the Jewish view on this use of someone as a 'Shabbos Goy'? Is this ethical and in line with Jewish values?
Alas, this situation is probably far more common than it should be. For starters, if you are Jewish (it is unclear from your question), then this is absolutely forbidden. A Jew is not permitted to ask another Jew to do anything that is forbidden on Shabbat, regardless of whether the Jew being asked considers himself “secular.” Assuming that you are not Jewish, the question is much more complicated.
The Rambam writes (Yad, Shabbat 6:1):
Although Shabbat places no restrictions on the Gentile, it is forbidden to ask him to work for us on Shabbat even if the request is made before Shabbat and even if there is no need for the melacha (forbidden act) until after Shabbat. Our sages forbade this lest a Jew take the Shabbat lightly and ultimately profane it himself by doing melacha (the forbidden act).
Other decisors of Jewish law offer other reasons for this prohibition of asking a Gentile to perform work for us on Shabbat, but all agree that it is forbidden. This prohibition is called “Amira L’Akum” in our legal codes. But once we start with this basic premise, the legal issues become incredibly complex. For example, the prohibition is on benefitting from the work that a Gentile performs for us on Shabbat, but there are varying degrees of benefit, each of which are treated differently. For example, there is direct benefit, which is produced directly by the melacha (forbidden act) performed (such as using the light that is the direct result of someone kindling a light- which is forbidden). There is indirect benefit in which the benefit is not the product of the melacha, by rather, a byproduct of it (putting out a light in the bedroom does not directly enable a person to sleep, it just makes it easier for the person to fall asleep). There is also additional benefit, which is a benefit produced by a melacha in a situation in which that benefit was previously available to some extent before the melacha was performed (additional lights were turned on in an already lit room). Each of these categories of benefit requires separate assessments. As you can see, this is not simple.
Suffice it to say, a general principle is that it is forbidden to ask a Gentile to do something that is forbidden for you to do unless it is for the sake of fulfilling a mitzvah (commandment) that you would not be able to perform with the Gentile’s melacha, if there would be substantial financial loss, considerable pain, or for the sake of human dignity. Again, these categories are complicated and require the guidance of a learned person. Hinting to a Gentile to perform these prohibited acts is also prohibited in most cases and in most forms of hinting (though not all).
In the end, I would say, based on what you wrote, this person is not permitted to come to you on a regular basis and ask you to turn lights off and on for him. Even if it were permitted for him to ask you from a legal point of view, you have every right to tell him that this is not a role that you want to play, period.
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Question: Should we be proactive and try to explain our customs to non-Jews, or is it better not to, since many of our customs may seem strange and be viewed negatively by the larger world? For examples: circumcision, and waving the Lulav & Etrog (palm branch and citron - four species).
It is very natural for human beings to be sensitive to the way in which others perceive them. We want to be recognized as “normal” by the larger culture when we find ourselves outside of it. Jews have been outsiders for the majority of Jewish history, and we have had varying degrees of success at integrating into the normative culture. If we desire integration while retaining our distinctiveness, my sense is that we should engender a sense of pride in the customs, traditions, and culture that distinguish us from other groups. Implicit in the question asked here is a sense of shame. A custom is only “strange” when it remains mysterious and unexplained. When we teach Gentiles the origins and value of our customs, we may reduce the feeling that these customs (and we?) are peculiar. In fact, the suggestion that we should withhold these explanations may increase the sense of weirdness that others may feel about our culture. The more we can expose our fellow human beings to the value of our religious traditions, the less foreign and strange they will seem. Many Jewish customs and traditions were shaped by the larger Gentile culture that existed around Jews as they developed our religious traditions. Perhaps Gentiles will see a bit of their own customs and traditions within ours, thus minimizing the sense that our ways are strange while increasing a sense that we are all travellers on a journey toward shlemut, or wholeness.
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Question: How far can one go in internet communications with another person without crossing a line and violating one’s vows to a spouse?
Internet communication can mean lots of different things today. We have webcams and photos which are often used and exchanged as a part of the “relationship” that people create via the internet. It is hard to know precisely what the questioner is asking here, but for the sake of simplicity, I will assume the question at hand involves only written communication.
As far as I know, adultery is interpreted to be a physical act in Halacha (Jewish law), though the law sets up parameters that guide us in making certain assumptions about impropriety. Traditionally, men and women who are not family and are not married are not permitted to be in a room alone together, as it is assumed that if they are, there was some form of inappropriate physical interaction. In other words, the boundaries we erect to guard against adultery reflect a sense that temptation is very difficult to resist. I would apply the same assumptions toward what mental health professionals call “emotional affairs.”
Dr. Gail Saltz, Associate Professor of Psychiatry at The New York Presbyterian Hospital Weill-Cornell School of Medicine, teaches that denial is a hallmark of emotional affairs. People convince themselves that since there is not sex involved, there is no betrayal of one’s spouse. She writes, “Many people convince themselves that as long as there's no sex, it's not an affair. But it is. An affair really has to do with secrecy, deception of the partner and betrayal. It also has to do with the amount of emotional energy that you put into the other person and are no longer giving your partner. Most people are more disturbed by the breaking of trust than by the sex—it's what's most difficult to recover from when a partner has an affair." When we have a relationship with another person via the internet, we may invest the same type of emotional energy in it and be just as deceptive of our partners as we would be if that relationship were face to face. In other words, I would not distinguish between emotional affairs conducted through the internet or in person. They are both affairs. Your question is whether or not this violates the commitment one makes to his/her spouse.
In Genesis, the Torah teaches that Adam and Eve were created for one another. The text states, “for it is not good for a person to be alone.” We need intimate relationships in our lives in order to fulfill a deeply important need for companionship. The institution of marriage is meant to fill this need. In your question, you ask about the violation of one’s vows. In Judaism, we don’t get married through vows as one does in other religious traditions. We are married through the recitation of blessings, and one of them says, “Grant perfect joy to these loving companions, as You did for the first man and woman in the Garden of Eden.” We are re’im ha’ahuvim, loving companions. In my opinion, developing a relationship with another person that fulfills a deep need for emotional intimacy does violence to the commitment reflected in this blessing. You can’t be a loving companion to someone from whom you are hiding another relationship.
My recommendation is to use transparency as a measuring tool for appropriateness. If you are willing to share the dynamic of the relationship that you are developing through the internet with your partner, and s/he is comfortable with it, it seems that the relationship is appropriate. If you are hiding the frequency of your communications from your partner or the details of your relationship, it is an egregious violation of the trust you are responsible to create with your partner.
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Question: Is it possible/acceptable to have a bar/bat mitzvah after the normal age?
The greatest guarded secret from all Jewish children is the fact that one becomes a bar /bat mitzvah simply by turning thirteen years and a day (some communities hold that for girls it is twelve years and a day). Yes, that’s right- no aliyah, no Torah/ Haftarah reading, no study or delivering a d’var torah- none of these things is necessary to become a bar mitzvah. The reason for this is that becoming a bar mitzvah means that one becomes an adult, which according to Jewish law, means that one is responsible to fulfill the commandments (mitzvoth).
What we moderns call the bar/bat mitzvah is really the ritual that has developed in order to mark this milestone in a child’s life. If a person does not have such a ritual when s/he turns thirteen, it is appropriate to create an opportunity for such a ritual to mark his or her decision to affirm the covenant. To be certain, such a person became a bar /bat mitzvah at thirteen years old, but deciding to take a moment to mark the decision to take one’s commitment to Judaism more seriously is a wonderful idea. Many synagogues call this an “adult bar /bat mitzvah.” In addition to a beautiful milestone for a person, such a ritual can be deeply important to the larger synagogue community. When an adult chooses to recommit to their Jewish lives, they serve as a model for the larger community. They inspire others to do the same.
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Question: A question on Jewish funeral etiquette/proper behavior: What should one do when a funeral lands on the same day as a celebration - a Bar/Bat Mitzvah/wedding/Bris Milah/baby naming, etc.? What if one is a mourner - does that change the answer?
This question strikes at an essential philosophical question regarding Jewish life: what is more important, celebrating or mourning? Of course, this is a set up that is largely unnecessary since both are deeply important, and ultimately, the rabbinic vision codifies this. But for the sake of teasing this out a bit, it’s worth examining this tension.
In the Bible, Kohelet (not necessarily the voice of optimism) teaches the following: “It is better to go to a house of mourning than to a house of feasting; for that is the end of every man, and a living one should take it to heart. Vexation is better than revelry; for though the face be sad, the heart may be glad. Wise men are drawn to a house of mourning, and fools to a house of merrymaking” (Kohelet 7:2-4). Kohelet is not giving us practical advice here; he is teaching a value. All human beings share one thing: we will all die. Because of this, Kohelet wants us to face this reality rather than deny it. Those who are wise will contemplate the fact that the time we have on this earth is short and attending a house or mourning will remind us of this. In comparison, having fun for its own sake does not have a lasting religious value.
The most stringent case in your question would be a person who is himself a mourner (a spouse, sibling, child, or parent of the deceased). A mourner is permitted to attend the circumcision of his own son, though there are some restrictions on what he is permitted to do at the brit milah. A rabbi should be consulted regarding the differences of custom regarding these specific questions. The ruling for a child’s wedding is similar. Parents (and grandparents too, according to some) are permitted to attend their child’s wedding even if they are sitting shiva. There are restrictions on how much they may celebrate, but there is certainly precedent for such a ruling. For example, Kol Bo Aveilut (a 20th Century rabbi who wrote a compendium of laws regarding mourning) states, “I was chosen to officiate at a wedding, and the brother of the bridegroom’s mother died. It was difficult to postpone the wedding...The mother longed to see her son under the chupah. Likewise the maternal grandmother, who was in mourning for her son, wanted to see her grandson on his day of joy. A few days of their mourning had already passed, and I permitted, after the first three days of mourning, that they should come to the wedding – but only at night, [and] at a time when there was no music or dancing; and they were not allowed to eat or drink there: and they returned home immediately after the seven blessings [recited under the chupah]” (Kol Bo Al Aveilut, p. 272).
All of this assumes that the person about whom you are asking is the mourner. If he is a mourner but the simcha is for someone who is not in his family, he may be permitted to attend the ceremony but not the celebration after. Such a person should consult a rabbi. If the person is not a mourner and he simply has two conflicting events on the same day, one a funeral and one a simcha, there would be no prohibition of which I know to attend both. If he can only attend one, then he should be encouraged to evaluate the relationships that he has with both families and determine where his presence is needed more.
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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?
This is a very complicated question, and alas, there is not enough information from the question itself in order to answer it adequately. I would want to know the answer to a few questions: what is motivating her to have this procedure? Why is in vitro more appealing to her than adoption? Why is in vitro is more appealing to her than artificial insemination? These are just a few of the relevant questions.
The Conservative Movement does not have a responsum written on this question regarding a single mother. I am not a qualified posek (decisor of Jewish law) so I can’t really answer this question with any authority. There is precedent for allowing IVF when it mitigates a couple’s anguish of not being able to have children (see Rabbi Nebenzahl’s article in Assia, volume 5, 5746 / 1986), but this has not been applied to a single mother.
As with all halachic questions (questions regarding Jewish law), it goes without saying that one should consult his /her rabbi for detailed and nuanced guidance.
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Question: What is the Jewish view on returning captives? When a soldier is in captivity, as Gilad Shalit was for five years, do Diaspora Jews have a responsibility to draw attention to his plight?
The mitzvah of Pidyon Shevuyim, redeeming captives, is a very weighty obligation according to Halaha (Jewish Law).It is important to understand the context in which the mitzvah was construed because it informs our ability to assess our contemporary obligations.
During the time of the Talmud, Jews were regularly kidnapped because Gentiles believed that the Jewish community would pay the kidnappers the ransom money.They were correct.The Talmud obliges us to pay the ransom money. The mitzvah was so important that Maimonides wrote that it is the highest form of charity, superseding all others.At the same time, it is important to state that the Mishnah itself limits the monetary value that it is appropriate to pay for a captive when it says, “Captives should not be ransomed for more than their value as a precaution for their general good” (Gittin 4:6).The rabbis had to consider the fact that the Jewish community would not flourish if costly levels extortion became a regular communal occurrence.At times in Jewish history, the balance between redeeming captives while doing so “within economic reason” has been difficult to achieve.One of the most well known examples of this tension is when the great 13th Century scholar Rabbi Meir of Rothenberg refused to allow himself to be ransomed for 20,000 marks, which German Jews were willing to pay, because he felt it would encourage more kidnappings.As a result, he died in prison.
The situation with Gilad Shalit is very complicated.He is not being held for financial ransom.He is being held as a political pawn as Hamas attempts to extort the Israeli government to release Palestinian prisoners within the Israeli prison system.Many of these prisoners are terrorists who are directly responsible for the murder of innocent Israeli citizens.The government has to assess the likelihood that these terrorists would return to killing Israelis should they be released.As a result, the government must perform a gut wrenching moral calculus in order to determine how to proceed.The questions are complex: “What is the value of a human life?”“Is it morally justified to save one life if it is likely to put the lives of other people in jeopardy?”“Is it morally acceptable to reduce the punishment of people who have committed egregious crimes in order to save another person’s life?”These are just a few of the questions Israelis must struggle to answer.As a result, I don’t think that the situation with Gilad Shalit fits into the classical framework Pidyon Shevuyim, though the textual tradition that deals with the topic can surely guide us through some of these questions.
Your query, it seems to me, touches on a larger question: “To what degree should Diaspora Jews stay connected to what happens in the State of Israel?”I believe that the future of the Jewish people largely depends on the ways in which Israeli and Diaspora Jews mediate their often fragile relationship.As the gulf between these two great Jewish communities widens, our responsibility to bridge this gap is ever more pressing.It is important to stay connected to the situation with Gilad Shalit not only for the sake of effective advocacy and pressure, but because we must understand the ways in which Israelis struggle with the above questions.For example, this summer Israelis expressed their support for Gilad’s family through solidarity marches across Israel.For many, these marches were meant as a signal to the government that the Israeli public was ready to give up a great deal in order to secure Gilad’s return home.Why?In some way, the answer must be connected to the fact that every Israeli parent knows that Gilad could easily have been or be their son.At the same time, there were counter protests by Israelis saying that releasing terrorists to save Gilad’s life is unethical since it will lead to the future loss of life.
Perhaps the most important thing that Diaspora Jews can do is educate one another about the extreme difficulty of life in Israel.This is what seems to be off our radar screen.Advocacy seems to be futile since we are dealing with Hamas.But, reminding American Jews that this situation is aggrieving the hearts and souls of Israelis is very important, and demonstrating to Israelis that we too are distressed by Gilad’s dreadful captivity is equally important for the sake of our relationship.
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Question: The Jewish community seems divided about the Israeli conversion bill. As individual Jews living in the Diaspora, what should we be paying attention to or responding to? How are the denominations responding?
Your question is about an extremely important issue.For starters, we should be following and responding to all things that happen in Israel, as it is our Homeland and central to the future of the Jewish people. I disagree with those who suggest that our role as hovivei tzion, as lovers of Zion, is to publicly support whatever Israel does in the political, military, legal, or socio / religious realm. True love of Israel obliges one to support a political / religious agenda that reflects his / her vision of Zionism.The Rotem Bill threatens a more open, pluralistic environment that can give expression to diverse expressions of Judaism.In my opinion, those of us who believe that the founders of Israel intended to build such an open society have a moral obligation to fight any movement that encroaches on this vision.There is nothing more Zionist than that.
So why the fuss over this bill?The situation in Israel is quite complicated with regard to the question of ‘who is a Jew.’As of now, there are two different spheres in which this question is formally asked and answered: the civil and the religious.In the civil sphere, the question is directly related to who can automatically become a citizen of the State of Israel under the Law of Return.The answer has always been anyone with a Jewish grandparent on the maternal or paternal side.This law was formulated on the basis of the Nuremberg Laws, which institutionalized anti-Semitism in Germany and defined someone as Jewish enough to be persecuted if s/he had one Jewish grandparent.Israel thus extended automatic citizenship to anyone with a Jewish grandparent, a powerful reaction to the horrors of German anti-Semitism.
However, in Israel, there is not a separation of religion and state.All questions of marriage, divorce, and burial are defined by the Rabbinate.The Rabbinate defines a Jew as one who is born to a halachically (legally) Jewish mother or undergoes a valid halachic conversion.If a citizen does not fall under this definition, s/he cannot be married or divorced by the State of Israel, since the Rabbinate performs the only legally recognized life cycle events in Israel. As a result of this, there are hundreds of thousands of citizens of the state who are not considered Jewish by the Rabbinate, and who therefore cannot get married by the State.Many of these citizens are immigrants from the former Soviet Union.
To complicate matters a bit more, there are Haredi (ultra-Orthodox) rabbis within the rabbinate who have been undoing the conversions performed by government sanctioned Orthodox rabbis who were not Haredi.This has led to a profoundly problematic situation in which people who were formally converted by the state (through the rabbinate) have now had their Judaism “revoked” by the state (through these Haredi elements in the rabbinate), an unprecedented move in Jewish history (the Talmud itself teaches that one may not undo a halachically valid conversion!).
Now, onto the Rotem Bill.The bill, sponsored by Yisrael Beiteynu, a secular party that represents the large Russian immigrant population, gives authority to more localized non-Haredi Orthodox rabbis to formally convert Jews, thus opening the door to solve the problem of hundreds of thousands of citizens who have a difficult time converting because they are not Haredim.What do the Haredim get out of this?More power.The bill gives them the power to become the sole arbiter for the State on all things Jewish.This bill seems to be a political trade between the government and the Haredi leadership.It solves one problem but to many of us, it creates another one.
The reason more liberal Orthodox, Conservative, Reform, and Reconstructionist denominations are upset about this is because this newfound power for the Haredi community could potentially lead the State of Israel down a path in which the only people who will be granted citizenship are those considered Jewish by the Haredi community.Essentially, all conversions by non Orthodox rabbis and some by Modern Orthodox rabbis may be unrecognized by the state of Israel, and as such, these individuals will not be able to become citizens of the State of Israel.World Jewry is left to guess whether or not this will happen, and from a Conservative Jewish perspective, this is too important to leave to “trust.”It is for this reason that so many “movements” have been upset by this bill.On a positive note, it is because of the reaction of Diaspora Jewry that this bill was temporarily tabled.This is a promising sign that suggests that we have a voice about what happens in the Jewish State.It certainly complicates matters from a domestic perspective, but if the State of Israel is really a state for all Jews, then the fact that the government “listens” to the feedback of Diaspora Jewry is hopeful to those of us who live here but care so deeply about the future of Israel.
David A. Schuck
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