I’m blogging from the JOFA conference in New York City, and the mood among at least several of the speakers [sadly, not all of them], is testy. The burning question: How, ten years after JOFA took up the torch to reform the treatment of agunot in Orthodoxy, the problem is not only unsolved, but the religious establishment is, in many ways, even more retrenched than it used to be. Veteran Israeli women’s rights lawyer, Sharon Shenhav, speaking right now, just watched Haredi leaders lean so hard on the Israeli Chief Rabbis office that Rabbi Amar pulled out of the international conference on agunot that she had spent two years planning.
Why is it, she’s asking, that our Modern Orthodox rabbis are completely cowed by the Haredi establishment: “Why do we need them to legitimize us? Don’t we have our own legitimacy?”
The answer to this question seems quite clear to me: The Haredi world is fighting a total war against manifestations of feminism and modernity in Halacha and community. Yes, total war: “An unqualified, all-out war conducted without scruple or limitation. It involves all aspects, elements and participants, which utilize available resources, weapons and personnel.”
The MO community, which gathers year after year to grieve over agunot, is afraid, scared, seeking compromise and some sort of negotiated solution. Shenhav, on the front lines, and other Israeli speakers here have correctly realized that the war will never be won that way. She described how the Haredi establishment used direct threats, stories in the media, and other pressures to tank her conference. She quotes MO Rabbis who say that while they may be courageous, they’re not willing to commit suicide. And she describes how the Rabbis who do go out on a limb are abandoned by their colleagues. This is an uneven battlefield. The first shot hasn’t really even been fired. And if no one starts the war, it sure isn’t going to be won.
February 12th, 2007 at 2:28 am
The Modern Orthodox are not losing. Only JOFA is…
February 12th, 2007 at 4:46 pm
It’s unclear what the intent of the previous post is, but I urge its author to elaborate on the meaning of his shoddy one liner…
Aharon, I certainly empathize with your sense of frustration. And as you adequately point out, finding an answer to the inexorable Agunah problem is gonna be one helluva an uphill battle for the MO community. Standing in their way is the fear of history. As Marc Shapiro explains in his book, “Saul Lieberman and the Orthodox,” few differences existed between mainstream Orthodox Judaism and the growing Conservative movement at the turn of the 20th century. But that all changed, most dramatically, in the 1930s as a result of a proposal by the Conservative rabbi, Louis Epstein, to end the agunah problem. The response by the Orthodox establishment proved extremely heated and led, eventually, to the burgeoning schism between the two denominations.
Today’s MO community possibly fears a similar fate.
Thus, the challenge posed to today’s Orthodox leadership is one that will take some considerable time, and one that necessitates an inordinate amount of energy, resources and, most importantly, die-hard conviction. A decade of efforts on the part of a fledgling organization is unfortunately but a meager drop in the inevitable ocean of halakhic debate that has ensued for over a century and will continue for decades to come.
February 13th, 2007 at 1:12 pm
Here is an elaboration of my shoddy one-liner: Contrary to your assertions, Modern Orthodox poskim, dayanim, and roshei yeshiva do not neglect to take the action JOFA wants them to because they are scared of Hareidim. They oppose most of the JOFA type Agunah proposals on halakhic principle, which have been debated ad nauseum (see articles and books by such right-wing fanatics as Rav Broyde, Rav Wieder, Rav Reiss and Rav Jachter to see some examples).
Unacknowledged by aharon and chanan, are the less-radical solutions that are being implemented in the MO world, pushed by people who have no worries as to their halakhic legitimacy, such as the RCA pre-nup and increased community activism. JOFA can take credit for raising awareness of the problem, but to pretend as if no one else is doing anything is untrue.
People in Orthodox feminist circles get very upset when their motives are impugned. How about letting the rest of Modern Orthodoxy enjoy the same presumption of sincerity, and stop accusing them of being motivated only by their fear of the hareidim?
February 19th, 2007 at 8:45 am
Thank you, mas. Thanks for explaining your views in a normal rational argument (sans the sarcasm) rather than hide behind the ambiguous generalizations that originally existed in your one-liner.
But you miss the point.
Sure, the agunah debacle lies at the forefront of many in MO leaders’ minds, and yes, they are figuring out ways to combat the painfully sad problem. Rav Willig’s pre-nup (which all RCA-affiliated rabbis must now use prior to officiating at a wedding) and ORA (which does employ the use of community activism) are methods that originated at the instruction of MO leaders. But these “less radical solutions” do not even come within an earshot of effectively dealing with the agunah problem.
Two things:
1) You vastly underestimate the weight of haredi opinion in deterring MO leaders from finding adequate solutions. Forget contemporary examples of this predominant phenomenon (i.e. Rav Elyashiv’s pressure on R’ Amar to cancel the the int’l conference). Let’s look at history. For example, the notorious Lieberman clause, which is used by the Conservative movement today. Originally, this solution received support from many members of the MO community, including the Rav. A joint rabbinic committee was even created to effectively oversee that the process follow normative halacha. Naturally, however, due to ultra-Orthodox rejections, the proposition was eventually rejected.
Such was also the case with Eliezer Berkovitz’s proposal, as well as a few others.
2) Even if Haredi intimidation was not a factor (which it is) and even if JOFA’s halakhic solutions were in deed crossing some boundaries (which they might be), what does all this say about our divine system? Sure, you can pat yourselves on the back for coming up with luke-warm answers, but you also better cry yourselves to sleep knowing that our G-d given system of halacha does not adequately protect the innocent victims of that very system’s traps.
You’re wrong if you think this is about catering to feminism or feminist sensibilities. This isn’t about being sensitive to a marginal, fringe group asserting “equal rights.” This is about faith in our halachic system, faith in our rabbinic leadership and faith in our Jewish values.
Failure to find a solution is a sign that JOFA is losing. But you’d be painfully remiss if you think the MO community isnt losing as well.
February 20th, 2007 at 4:14 pm
Chanan- your assertion that “these ‘less radical solutions’ do not even come within an earshot of effectively dealing with the agunah problem.” is one that is, in fact, challenged and debated by their proponents. For example, Rav Jachter states that
“Universal use of Rav Willig’s prenuptial agreement, severe social sanctions, and rabbinic activism have the potential to solve almost all situations of Igun.” You have not provided any reason to think he is wrong other than the assertion.
As for point one, I think you highly overestimate the effect of Hareidi intimidation, especially since we are discussing a community that regularly and confidently ignores the same intimidation in many other areas.
My understanding of the particular case you mentioned was that the Rav was only working with rav shaul lieberman on creating the joint beis din, and that he did not approve of Lieberman’s specific solutions. According to the version I am familiar with, the Orthodox side pulled out when Lieberman was unable to guarantee the halakhic fidelity of his Conservative colleagues.
February 20th, 2007 at 4:16 pm
cont. Is there any documentation that can clarify the history?
February 20th, 2007 at 7:55 pm
Regarding the second point, which is the real issue here:
I’m not claiming that everything is ok, or that the situation as it stands is theologically or morally unproblematic. But aharon’s presentation here is overly simplistic. What I’m asking is for the recognition that the debate within modern orthodoxy about how to approach the problem is, in fact, a DEBATE. The people who advocate a more reticent stance (the modern orthodox mainstream) have divergent views on a whole host of related topics than those who advocate more radical and sweeping solutions (JOFA and co.).
These issues range from narrow disagreements about halakhic technicalities in hilchot kiddushin and gittin, to varying conceptions of how Jewish marriage should be constituted. One major issue is how to balance the need for halakha to work systematically with the desire to make every single individual case work out perfectly. There are diverging views on how we should relate to modernity. And yes, there is a conflict between our desire for the unity of Jewish marital practice among all halakhic groups (striving for this may even be a halakhic imperative) and our frustration with other communities who take a callous attitude towards agunah cases.
There are no easy and obvious answers to any of these questions. For you to say that the other side of the debate are merely cowards kowtowing to the hareidim, when there is a large amount of material that expresses their principled halakhic and philosophic points of view, is a cheap, reductionist, debating tactic (the same goes for people on the other side that reduce JOFA arguments to “well, there just influenced by secular society). It is a direct attack on the integrity of a lot of people who deserve better. If we want to solve the problem, we need to start out with basic respect for each other.
February 21st, 2007 at 5:52 am
see my post at today continuing the discussion at the top of the blog. mas, send us an email at blogsofzion@gmail.com if you are interested in putting a piece on this on the main blog.
March 7th, 2007 at 4:29 pm
The problem is that leaders of the Modern Orthodox community are constantly looking over their shoulders because they are terrified what the Charedi and even the Centrist Orthodox community thinks of them. It is time to cut the purse strings and acknowlege that we are something different, beautiful, and complex in our own right.
December 20th, 2009 at 7:12 am
The Swine Flu is common in PIGS.
This is a clear indication that it is the Dayanim (“Judges”) and “Rabbis” of today who are the PIGS and swines.
They twist and use the Torah for their own power and commercial benefit.
They are corrupt. And they are interested in only one thing:
MONEY.
Not the Torah.
December 20th, 2009 at 7:13 am
When “dayanim” and “rabbis” use the Torah for their own power and commercial profit, this is the behaviour of a swine i.e. a Pig.
No other “rabbi” will ever act against another “rabbi” - even when he knows his colleague is clearly desecrating the Torah. Each rabbi is only worried about losing his own position.
Therefore, the “rabbi” and “dayan” will never effect justice. And he will never truly stand for the Torah or the Honour of Hashem. His pocket will always prevail.
The Torah must never be used for commercial gain and profit. Am Yisrael can only be lead by those who have the necessary love and respect of Hashem and the Torah.
December 20th, 2009 at 7:13 am
1. The “dayan” and “rabbi” may use lies. They turn the innocent into the guilty, and the guilty, become the innocent. They will not hesitate to tell lies in the Synagogue.
2. The “dayan” and “rabbi” may steal. They steal and siphon off money for themselves, from the community and individuals.
3. The “dayan” and “rabbi” may commit murder. They may shame a Jew in public, even repeatedly. This is one of the most vile acts of murder in Jewish law – and they know this.
4. The “dayan” and “rabbi” will not hesitate to use Lashon Hara (the “Evil Tongue”) to suit his own ends. Slander and gossip. This too, is one of the worst acts of murder in Jewish Law. Their slander is never challenged by the community, because they hold positions of power. And the slander may begin with the Rebbetzin herself.
5. The “dayanim” and “rabbis” worship idols and other gods. Their only god is Money. Especially the “Dayanim” – the “Judges” who sit on a Beit Din. They only care about their high incomes and retirement packages. They have little or no love for the Torah or Hashem.
In the case of Lubavitch/Chabad, all their rabbis are carrying out a form of Avodah Zarah – strange worship. They are using mediation and intercession. This is completely forbidden, and against the Torah. We are only allowed to pray to Hashem, directly ourselves.
6. When the NAME of Hashem has been taken in Vain – repeatedly - by reshaim, the “rabbi” will turn a deaf ear and blind eye to the
CHILLUL HASHEM.
This is the abhorrent behaviour of a Pig.
This is an extremely severe and dangerous situation.
There is NO forgiveness for this evil sin and aveirah.
7. The “dayan” and “rabbi” may also offer large bribes, tell lies and bring False Witnesses – when he in fact has committed the crime. These are heinous acts of the most despicable kind. This is especially vile when the “dayan” is sitting on a “Beit Din.”
8. The “rabbi” may commit adultery. And when he gets divorced, he may spread slander about his own ex-wife, blackening her name – when in fact he was at fault.
9. The “dayan” and “rabbi” may also desecrate Shabbat – if it suits him. He will use physical violence against another Jew or Jewess at any time. This evil and venomous behaviour is 100% against the Torah.
April 11th, 2010 at 8:33 am
A further word of advice regarding those who masquerade as a ‘dayan’ ‘rabbi’ or false ‘mekubal’:
1. These men may knowingly and willingly, deliberately deceive a Jew or Jewess. e.g. in the area of shidduchim, or offering to perform a ‘pidyon nefesh’.
This abhorrent and deceptive behaviour has caused tremendous harm to people who are innocent and trusting.
2. Do not ever ‘kiss the hands’ of these men (which they might offer to you in public).
3. And do not be duped into queuing and waiting, to see them for their ‘brachot’ (‘blessings’). They peddle ‘brachot’ purely for their own selfish gratification and ‘kavod’ (‘honour’).
Their duplicitous behaviour is nothing short of deception and cunning. In short they are abhorant and causing so much harm to amm israel. They prey on the vulnerable, and those who are naïve, unsuspecting and trusting of these pedlars.
May 7th, 2010 at 8:37 am
Any man who chooses to be a ‘rabbi’ (‘true teacher’ of Torah) or a ‘dayan’ (‘judge’), or a ‘mekubal’ (‘kabbalist’) should be doing so Voluntarily. Out of his pure love for Hashem and the Torah. And his Ahavat Yisrael.
If he refuses to do community work voluntarily, and wants and accepts payment for everything he does, such a man should not be heading a community. He should get a job and earn a living. He can collect milk bottles or clean the windows. That is what is called ‘earning a living’.
Torah is learned, studied and taught: out of Love. Voluntarily. But the ‘rabbis’ have turned the Torah into their ‘Profession’, from which they earn money.
We are commanded in the Shema to:
‘LOVE Hashem, your G-d, WITH ALL YOUR HEART, and with all your soul and with all your might.’
‘VE’AHAVTA et Hashem Elokecha BECHOL LEVAVECHA uvechol nafshecha uvechol meodecha.’ (Devarim, Vaethanan, 6:4-5)
Is the ordinary man or woman PAID to pray to Hashem, or to say some words of Torah? No. Has veshalom! But the rabbis are. These men can give ‘lovely’ shiurim that they have rehearsed. But they would not give a shiur without being paid for it.
The true hachamim and rabbis of old, all actually worked at proper jobs and professions.
Wake up! Even a little child could have worked this out. These salaried men can never truly stand for the Torah, because in a case of conflict between a correct course of action according to the Torah, and the rabbi or rav’s pocket – his pocket and position will always prevail.
Pirkei Avot: (2:2)
“Raban Gamliel beno shel Rabi Yehuda HaNassi omer: yafeh talmud Torah im derech eretz, sheyegiat shenaihem mashkachat avon. Vechol Torah she’ein imah melacha sofa betailah ve’goreret avon. Vechol haoskim im hatzibbur yiheyu imahem leShem Shamayim……”
“Rabban Gamliel, the son of Rabi Yehuda HaNassi, said: It is good to combine Torah study with a worldly occupation, for working at them both drives sin from the mind. All Torah without an occupation will in the end fail and lead to sin. And let all who work for the community do so for the sake of Heaven………”
June 13th, 2010 at 4:49 pm
I started today. Can someone give me an honest opinion, Shanna , ist already a week for you. So did you lose any weight?