Year: 2010

A LOST Opportunity

From the looks of things I’m not the only one sorely disappointed in LOST’s final episode (LGT spoilers). Now I don’t consider myself one of those annoying sci-fi fanboys who insists that everything line up in accordance with their own fan fiction, but I did consider myself a fan of the show. I liked the writing, the references, the thought and intelligence of the writers in crafting the story, and like many fans I trusted the writers in bringing the story to a logical, or at least reasonable, conclusion.

Now I freely admit I’ve watched bad TV – copious amounts of absolute drivel that LOST’s worst episode could not compare – so I’m in no place to write as a TV snob. But if I’m going to follow an extended dramatic narrative I do have expectations of coherency and consistency, which was sorely lacking in the LOST finale.




Episode 3 – The Halakhot and Ethics of Universal Health Care in Torah

Rabbi Josh Yuter lectures on the laws and ethics of Universal Health Care in Torah from a holistic legal and ethical perspective, independent of popular politics.

Originally delivered November 19th 2009 at Mt. Sinai Congregation in Washington Heights

The Halakhot and Ethics of Universal Health Care in Torah Sources (PDF)

Episode 3 – The Halakhot and Ethics of Universal Health Care in Torah




Defending the Rebbitzens

The recent controversy surrounding orthodox women rabbis has reignited the general debates of gender discrimination in Orthodox Judaism. Jewish law precludes women from participating in many communal functions such as counting in a minyan or serving as witnesses. Since no such law or statute prohibits women from being ordained as rabbis or rabbinic figures – either in the classical or modern sense of the term – it is understandable if some women view their exclusion from leadership positions as a form of institutional misogyny.

However Jewish society has discriminated against both men and women in leadership positions for generations, often with the communal complicity of self-identified feminists. I am referring here to the expectations and demands of the Rabbi’s wife, better known as The Rebbitzen.




The Politics of Ordaining Orthodox Women Rabbis

(רבי צדוק אומר אל תעשם עטרה להתגדל בהם ולא קרדום לחפור בהם (משנה אבות ד:ה
“R. Tzadok said: Do not make [the words of Torah]
a crown with which to glorify yourself” (M. Avot 4:5)

    The most recent significant communal and continuing “scandal” in Judaism this past year has been the issue of Orthodox women’s ordination. It began when R. Avi Weiss bestowed the newly created title “Maharat” on Sara Hurwitz and forming a new school dedicated to training future Maharats. While this innovation may have attracted some criticism the reaction was relatively minor. But when R. Weiss had “promoted” M. Hurwitz to “Rabbah” the subsequent backlash and rhetoric of “schism” (some even from within his own community) that he quicklybacked off the Rabba designation.

    The positive and negative rhetoric over the title “Rabba” (and to some extent over women’s ritual leadership ) alternated between the halakhic – if ordaining women violated any Jewish laws, and the sociological – given the unprecedented opportunities in Jewish women’s education, formal ordination ought to be the next logical step. There has already been much written on this subject from either side of both perspectives which I will not repeat here. However, the passions of both advocates and detractors have obscured the real questions and implications of ordaining women rabbis in any form. In particular, I will argue that the argument over women rabbis – both for and against – have less to do with gender and competency than of religious influence, power, and the public recognition of religious authority.

    When Conservative Judaism wrestled with this question in the 80’s, Rabbi Dr. David Novak framed the issue as one of altering the existing religious-political power structure:

    Indeed, the question of rabbinical ordination for women epitomizes a confrontation which, in the broadest sense, is political. Feminism is asking the Jewish religious community to reconstitute its political order. A political order consists of institutions which structure relations among its participants. Authorities are those person within the order who determine the meaning of these institutional structures for the participants, that is, they legislate, administer, and, especially, judge. If Judaism is the constitution of the political order of the Jewish religious community, then the authorities in it, certainly since the destruction of the Second Temple in 70 C.E., and probably earlier, have been the rabbis. Inasmuch as women have been excluded from the rabbinate, they have been excluded from authority in the Jewish religious community.

    The demand of Jewish feminists that women now be included in the rabbinate can only be considered as revolutionary. Furthermore, this demand epitomizes the confrontation between Feminism and Judaism, since revolutions always seek a radical change in the existing authority which, because the designation of authority in the community, more than anything else, determines the character of the political community (Novak 1984:39).

    Based on the text of the RCA’s recent resolution, it appears that the Orthodox rabbinical organization concurs with Novak’s sentiment:

    In light of the opportunity created by advanced women’s learning, the Rabbinical Council of America encourages a diversity of halakhically and communally appropriate professional opportunities for learned, committed women, in the service of our collective mission to preserve and transmit our heritage. Due to our aforesaid commitment to sacred continuity, however, we cannot accept either the ordination of women or the recognition of women as members of the Orthodox rabbinate, regardless of the title. [Emphasis added]

    The RCA’s argument for not affirming or recognizing women rabbis as “Orthodox” is not based on Jewish law, but “sacred continuity.” In this statement the RCA validates what I described years ago that “Orthodox Judaism” is a social designation for a particular form of Judaism in which the society is itself sacred and the status quo is tautologically reified. For the RCA, internal social politics are indistinguishable from halakha and so a challenge to the political order – the Orthodox franchise – is comparable to challenging to the Torah itself.

    But while the political perspective adequately accounts for the positions of the RCA (and presumably others), more explanation is required to apply this explanation for women’s ordination advocates to address the plurality of the arguments.1

    One category of arguments is rooted in simple equality. In the academic sense, if women choose to attain the same knowledge and qualifications as men, then they should have the opportunity to receive the same title. While male colleagues are addressed with designation “Rabbi”, there is no equivalent honorific for women – even those who are equally qualified (or superior) to their male counterparts.

    The lack of a rabbinic title for women also has professional and financial implications as well. Certain pastoral fields such as chaplaincies require a clerical title, which would not only limit Orthodox women from those fields but also deprive the fields of talented individuals. Alternatively, advanced degrees tend to demand higher salaries. While the rabbinic field is hardly lucrative, preemptively denying women the title potentially deprives them of financial opportunities.2

    While there is truth to these arguments, they all suffer from the same fallacy that no options exist. Specifically, if the title “rabbi” is only a professional degree then even orthodox women would be able to receive ordination through one of the other denominations. That there is no Orthodox equivalent does not by itself restrict the acquisition of the title, but only of the communal acceptance of such a title.

    And therein lies the rub. The underlying impetus for Orthodox women’s ordination is not merely in the semantics of creating an honorific, but rather in attaining social religious acceptance and validation for one’s Torah study from within their own Orthodox community.

    This point is evident from the controversy itself. Unlike the other denominations in Judaism, there is no official regulating body for Orthodox Judaism,3 and thus there is no legal or halakhic impediment for any woman to call herself “Rabbi” and “Orthodox” simultaneously. However the communal opposition to the title Rabba from the Orthodox world was strong enough to compel R. Weiss to retreat from his position.

    Were this a matter a pure ideology, based on the conviction that Orthodox women ought to be able to receive ordination, then such opposition would not matter. Women would be ordained and those who choose to accept or reject such ordinations – and the individual women rabbis as spiritual and educational leaders – would do so as their conscience dictates. However, this would inevitably lead to a controversy over exactly who has the right and authority to determine what meets the social criteria for “Orthodox Judaism.” Self-identification is one solution, but if the self-identification contradicts the establishment, individuals will find themselves excluded from the very communities they profess to identify.

    The irony of the dispute over women’s ordination is that both sides are employing similar authoritarian tactics of forcing their authority on the broader community at large. The RCA could argue that it is fact their mandate to do so as a major Orthodox rabbinic organization. At the same time, no one who possesses any sort of rabbinic title has the right to demand or expect others to respect their degree or position as a religious authority. For example, a graduate of Yeshiva University’s rabbinical school should not expect Jews in hareidi communities to seriously acknowledge their ordination and vice versa. In the spirit of egalitarianism, women who wish to be ordained as rabbis have no right to assume that because of their ordination they will be taken seriously as legitimate halakhic authorities, but just like male rabbis, they must constantly and consistently prove themselves to their specific constituents.

    In contrast to the above debate, the Tanna Yehoshua Ben Perachya stated “עשה לך רב” – make for yourself a master (M. Avot 1:6). The choice of a spiritual leader is ultimately an individual one, not dictated by society, and there does not seem to be evidence to preclude a woman from being in this role regardless of title. This relationship is ideally a sacred bond, and one which must be entered into freely and nurtured regularly without the burdens of social politics. Similarly, all rabbis and rabbinic professionals must remember that their primary mission is not the defense of “Orthodox Judaism” – by any definition – but rather to teach Torah to the best of their ability.

    It is my hope that the Orthodox Jewish collective remember this fundamental principle so that it need not become fractured further in the name of a Torah in which no one truly believes.

    1. The following arguments are from private conversations with intelligent advocates of women’s ordination.

    2. I am not implying here that the RCA and male rabbis are trying to maintain a male monopoly on the rabbinic market for competition reasons. While talented women rabbis may have additional skill sets, they would still be ineligible from counting in a minyan, leading services, or serving as witnesses – actions for which many Jewish communities depend on their rabbis. In other words, male and female rabbis would necessarily have different tasks and responsibilities.

    Furthermore, the Sages explicitly reject preserving an educational monopoly, stating “קנאת סופרים תרבה חכמה” – the jealousy of scholars (lit. scribes) increases wisdom (B. Bava Batra 22a). This of course assumes the individuals in question are in fact scholars, but that is a discussion for another time.

    3. Despite self serving PR statements to the contrary.

    Sources:
    Novak, David. “Women in the Rabbinate?” Judaism, 33:1. (1984) 39-49.




    Episode 2 – Response to the RCA’s Women’s Resolution

    The Rabbinical Council of America (RCA) adopted Women’s Communal Roles in Orthodox Jewish Life“.

    Today’s podcast discusses what this resolution really means and possible ramifications of Orthodox Judaism.

    Episode 2 – RCA Womens Resolution




    RCA Post-Conference Press Release

    Just received following e-mail from the Rabbinical Council of America (RCA), commentary to follow:

    Far-Reaching Policy Decisions Taken at the Annual Convention of the Rabbinical Council of America

    Members of the Rabbinical Council of America from all over North America gathered this week in Scarsdale NY for the 51st annual convention of the world’s largest organization of Orthodox rabbis. As always, the gathering was an opportunity for rabbis in pulpits, education, academia, Jewish organizational life, and the health care/military chaplaincies to strengthen their personal and professional skills and connections, via major plenary presentations, workshop sessions, and multiple networking settings.

    This year’s convention deliberations were informed by a number of high profile issues confronting the Jewish people at large, and the religious community in particular. While numerous sessions were devoted to Israel, Iran, US-Israel relations, conversion issues, rabbinic boundaries, Orthodox teens, counseling, dealing with Alzheimer’s Disease, death and burial, family conflict, and others, a central topic generating sustained discussion by convention delegates involved rabbinic views on the parameters of appropriate women’s communal roles.

    Having heard from a broad spectrum of members, leading congregational rabbis, and a number of respected halachic authorities, a committee headed by Rabbi Leonard Matanky of Chicago, IL, submitted a resolution on appropriate communal roles for women. Rather than delineating a specific menu or roadmap of appropriate or inappropriate roles and positions, the resolution sought to articulate the broad dimensions and values that, from an Orthodox perspective, should inform and shape the discussion and implementation of this defining issue in months and years to come. These include the importance of appropriate sensitivity to tradition, communal sensitivities, as well as the desire of both men and women to enhance Torah and mitzvoth, personally and communally. So too, is the need for a thorough foundation in appropriate halachic and communal precedent and process.

    With these considerations framing the convention discussion, the convention resolution as adopted, stated as follows:

    Resolution on Women’s Communal Roles in Orthodox Jewish Life

    Presented to the 51st Convention of

    The Rabbinical Council of America

    April 26th 2010

    1) The flowering of Torah study and teaching by God-fearing Orthodox women in recent decades stands as a significant achievement. The Rabbinical Council of America is gratified that our chaverim[1] have played a prominent role in facilitating these accomplishments.

    2) We members of the Rabbinical Council of America see as our sacred and joyful duty the practice and transmission of Judaism in all of its extraordinary, multifaceted depth and richness – halakhah,[2] hashkafah,[3] tradition and historical memory.

    3) In light of the opportunity created by advanced women’s learning, the Rabbinical Council of America encourages a diversity of halakhically and communally appropriate professional opportunities for learned, committed women, in the service of our collective mission to preserve and transmit our heritage. Due to our aforesaid commitment to sacred continuity, however, we cannot accept either the ordination of women or the recognition of women as members of the Orthodox rabbinate, regardless of the title.

    4) Young Orthodox women are now being reared, educated, and inspired by mothers, teachers and mentors who are themselves beneficiaries of advanced women’s Torah education. As members of the new generation rise to positions of influence and stature, we pray that they will contribute to an ever-broadening and ever-deepening wellspring of talmud Torah,[4] yir’at Shamayim,[5] and dikduk be-mitzvot.[6]

    ______________________

    The full complement of convention resolutions can be accessed through this link: http://www.rabbis.org/news/index.cfm?type=policies

    [1] members

    [2] Jewish Law

    [3] Jewish thought

    [4] Torah study

    [5] fear of Heaven

    [6] scrupulous observance of commandments




    Episode 1 – Introduction and the Proposed RCA Amendments

    Episode 1 – Introduction and the RCA Amendments

    Rabbi Josh Yuter dives into the world of Podcasting and takes on the Rabbinical Council of America’s proposed amendments.

    Since this is my first podcast attempt, all feedback from speaking, tech, or content will be greatly appreciated.




    ReCovering Jewish Music

    Anyone familiar with Jewish Music knows that Jewish music occasionally “borrows” from its secular culture. There are parody groups such as Shlock Rock and Rechnitzer Rejects,1 who perform with an obviously humorous, satirical, or educational purpose. Some bands blatantly use secular music ironically:

    Men at Work – Down UnderPiamenta – Asher Boro

    Then are the examples of outright plagiarism, the most notable one pointed out way back by Rabbi Avraham Bronstein2

    Dschinghis Khan – Dschinghis KhanMordechai Ben David – Yidden

    Even the Hatikva, the Israeli National Anthem, appears to find its origins elsewhere:

    La Mantovana (Italy 17th century)Hatikva

    And I’m sure my astute and cultured readers can drudge up other examples. But this begs the question if Jews borrow liberally from secular music, does the converse also hold true with non-Jews using “Jewish” music as well?3 Let’s take a look:




    Ending an MT Relationship

    Dear MovableType,

    In the 6.5 years we’ve been together I’ve shared with you my innermost thoughts. You know more than anyone else how hard it is for me to let go and move on, so you also know just bad things have gotten to get to this point.

    Simply put, I’m leaving you for WordPress.

    Sure things were great in the beginning, you were the best blogging software around, dynamically generating php pages before blogger could even support comments (remember HaloScan?). And I know you might be thinking I cheated first when I spent all that time with WordPress in creating the new site for The Stanton Street Shul, but you know as well as I our problems started long before that. The world changed and became progressively more dynamic, but you always stayed the same. While other platforms kept innovating and providing nifty new plugins and themes, you couldn’t even be updated without throwing a hissyfit.

    Basically I got tired of your tantrums, and how we needed to rehash (or recompile) all our old discussions in order to move on. Yes, I’ll miss the convenience of having the occasional static PHP page, but if I could find a way to get past your quirks, I’ll find a way to handle it or I’ll ask the huge community of followers for help (though I must credit Sarah Hughes for her help in moving my stuff out of your possessive clingy clutches – seriously, you wouldn’t even let me export my own posts!).

    I’m reasonable enough to know that life with WordPress won’t be without its hiccups – I already know I’ve got permalinks to cleanup and Hebrew text to fix in earlier posts – but despite those issues I am very much looking forward to taking advantage of its massive theme and plugin repositories to make YUTOPIA easier to maintain and to add more features. Heck, I’m even experimenting with Podcasting.

    To paraphrase Beit Hillel, you’ve burnt my soup one time to many and in the words of R. Akiva, I’ve found someone better than you (See B. Gittin 90a). I trust you’ll do well in your future endeavors, but I simply can’t be constrained by your restrictions anymore.

    It’s simply time to part ways.

    Josh

    P.S. I’m taking full custody of my domains.