Rabbi Josh Yuter’s Halakhic Process series turns towards the Conservative Judaism’s legal hermeneutic, and how it compares to what is often employed by their Orthodox counterparts.
Tag: Conservative Judaism
When my parents made aliyah this past summer I had to clean boxes of papers, articles, and documents I had collected over the years. One of the gems I dug up was the following letter my father wrote Robert Gordis in resigning from the Rabbinical Assembly and leaving Conservative Judaism.
This letter may be of academic interest to a historian, religious sociologist, or even fans of my father. Others may find useful comparisons or contrasts with the current state of liberal Orthodox Judaisms. For myself, it represents a salient moment in the life of the person who has imparted to me most of my Torah and approach to Judaism and life. I would also venture to say that this letter is so indicative of my father’s hadracha that if one keeps the essence of the logical argument while substituting names and institutions, this letter could be reprinted by him today. My father has told me privately that he patterned his letter after Abraham Joshua Heschel’s own letter of resignation.
With my father’s permission I am publishing his letter of resignation from the Rabbinical Assembly and his disaffiliation from Conservative Judaism.
The following essay is derived from two recent classes/podcasts Understanding the Agunah Problem and Solutions to the Agunah Problem. These classes include several of the primary sources referenced below
The protracted divorce battle between Aharon Friedman and Tamar Epstein is the most publicized case of agunah in recent memory. An aggressive campaign led by the Organization for the Resolution of Agunot (ORA) capitalized on Mr. Friedman’s relatively prominent status as a congressional aide for David Camp. The efforts of numerous online and personal protests eventually led to mainstream media coverage from outlets such as Fox News, The New York Times and Politico which called national attention to Mr. Friedman’s refusal to grant his wife a halakhic divorce. As with virtually all cases of agunah, the recalcitrant party is vilified with public condemnations and communal pressure to acquiesce.[1. While the majority of agunot are women whose husbands refuse to give their wife a get, it is not impossible for a woman to be obstinate in agreeing to be divorced. Rarely does the husband in these cases elicit the same sympathy as a woman who is an agunah who is only “chained” due to the inherent inequality in the halakhot of divorce which require the husband to willingly issue the divorce while the wife’s consent is not needed, nor can she initiate the divorce (M. Yevamot 14:1).] When the specific goal is obtaining the immediate divorce, it is a relatively simple matter to identify the party responsible for obstructing the process and to protest accordingly. Others, however, find fault with the halakhic system, and in a desire to change the status quo identify other sources of blame.
In a recent Forward blog post titled “On Agunah Issue, Pressure Rabbis, Not Rep” Dvora Myers argues that the plight of agunot is not only the fault of a recalcitrant husband, but of the Rabbis for creating the regulations in the first place.
However, if withholding a get constitutes abuse, if the husband is indeed brandishing a psychological weapon and threatening his wife with it, then the question that should be asked: How did the gun get into his hand?
The answer is clear: It was put there by Jewish law, the rabbis who formulated it, and the rabbis who refuse to amend it.
Myers’ understanding of Jewish law is informed by Blu Greenberg’s famous dictum, “where there’s a rabbinic will, there’s a halakhic way,” thus placing the burden of agunot squarely with the Rabbis. Ultimately Myers concludes,
If maintaining a nearly thousand-year-old ruling is more important than offering women equality within the religion, I would at least like to see one of these rabbis condemning Friedman admit as much. It would be refreshingly honest to hear one of them say something like, “When faced with the choice of preserving tradition and promoting justice and equality that would give women the freedom to divorce, we choose the former.”
Most Orthodox Jews would agree that adhering to a thousand year old ruling is in fact more important than fulfilling the prevailing ethic of the day. This is due to a fundamentally different approach to Jewish law, one which assumes that halakhah is ultimately a representation of Divine Will. In this case it would be strict adherence to the biblical laws of divorce in Deut. 24:1-1 and the capital offense for adultery in Lev. 20:10. It is important to consider that this approach to halakhah is shared by the agunot themselves, who while having the free will to ignore Jewish law and remarry as they wish, are committed first and foremost to keeping halakhah despite the immense challenges it presents.[2. I do not wish to categorize agunot as martyrs to a cause, but to note the religious commitment required for one to choose to remain an agunah is rarely acknowledged let alone supported.] Thus, when a Rabbi adheres to Jewish law, even if it is unpopular, inconvinient, or even difficult for him to do so, he is not being an obstinate misogynist, but rather fulfilling his duty as a Rabbi.
But while it is misguided to blame Rabbis for following halakhah, it is completely legitimate to hold Rabbis accountable to the very halakhah which they espouse. Unfortunately, the Orthodox Rabbinate has not always lived up to their own ideals even when the lives agunot were at stake.
In this mega-podcast, Rabbi Yuter surveys some of contemporary solutions to the Agunah problem and discusses their merits, limitations, and flaws in light of Jewish law, history, and social politics.
Rabbi Josh Yuter concludes the Politics of Exclusion shiur series with a general discussion incorporating and previous classes. Many thanks for following!
Rabbi Yuter’s Politics of Exclusion series shifts focus to on Orthodox Judaism’s ethos of preserving traditional gender roles, beginning with the topic of mechitzah vs. separate seating in the synagogue.
Rabbi Josh Yuter starts a new section in his Politics of Exclusion series discussing the Orthodox reaction to Saul Lieberman after accepting his position at JTS.
All texts are from Saul Lieberman and the Orthodox by Marc Shapiro and is a highly purchase and read in its entirety.
Rabbi Yuter’s Politics of Exclusion series continues with a discussion of R. Moshe Feinstein’s opinions related to the conversions of Conservative Jews.
Rabbi Josh Yuter’s Politics of Exclusion class continues with a discussion of R. Moshe Feinstein’s opinions regarding the halakhic status of weddings and marriages of Reform and Conservative Rabbis.
Rabbi Yuter’s Politics of Exclusion Class continues with an examination of R. Moshe Feinstein’s responsa / teshuvot regarding Conservative and Reform Judaism.