September 27, 2011 / 28 Elul 5771 Staff Leadership

Communal Obligation and the Editors-in-Chief Right to Strike...... 3 Chesky Kopel “Strikes of physicians and teachers Chana Zuckier specifically, both of whom have Volume V, Issue 1 a religious component to their Associate Editors September 27, 2011 / 28 Elul 5771 profession, are particularly Ariel Caplan contentious in halakhic literature.” Gabrielle Hiller A Magazine and its Visions Dani Lent Copy Editor BY: Chesky Kopel Israel, Judaism, and the Ze’ev Sudry Welcome to a new year of Kol Hamevaser, born in an ever-changing Yeshiva Treatment of Minorities...... 10 University. In our communities, both here in New York and elsewhere, a new year “How do you know that Jews will act Layout Editor means new opportunities and frustrations, conversations and controversies. Already differently? You are not in control of any country and your behavior Gavi Brown in the opening weeks of this academic year, we at Yeshiva face the consequences of institutional reorganization, and, more solemnly, look outward to Israel’s many when in charge has not been tested.” Staff Writers new diplomatic crises. These personal and national transformations help us appreci- ate even more the role of leadership in our lives, and the difficulties that this role Rabbi Yosef Blau Gilad Barach entails. Torah study and life experience both reveal that changes in leadership are Netanya Bushewsky common features of existence. And it seems that, more often than not, leaders are Hannah Dreyfus made and judged by their capacity to inspire change and navigate crisis. Rav Lakhen Benot Yisrael: Adam Freidmann The staff of Kol Hamevaser is proud to present you with the only periodical maga- Humility and Rabba-nut...... 10 Kira Joel zine produced by the Yeshiva University student body. Our mission is to explore the “My distaste arises from the notion important questions of Jewish thought and life, to relate to our living Torah, and to that entrance into the rabbinate Moshe Karp provide a forum in which students can communicate ideas passionately and cre- is a privilege, even a right, which Davida Kollmar atively to one another. We hope that you gain from this endeavor and contribute to may be fought for and won. On Talya Laufer it, by reading, writing and joining our community in all its facets. the contrary, it is clear to me that Elana Raskas In this first issue, probing the theme of Leadership, we thank and pay tribute to among the most essential elements the outgoing editorial staff: Editors-in-Chief Shlomo Zuckier and Sarit Bendavid, Zahava Rothschild of spiritual leadership is humility, and Associate Editors Ilana Gadish and Jonathan Ziring. Their labor and dedication perhaps to the point of not wanting Tammie Senders allowed this magazine to make great strides in the last year, and this issue, largely one’s position at all.” Rachel Weber the product of their work, consists mainly of articles that were written and edited at Ariel Caplan Penina Wein the end of the last semester. We look forward to the great work they will continue to Chumie Yagod do as leaders in their respective settings, and wish a heartfelt Mazal Tov to Shlomo, Jonathan, and Ilana on their respective marriages over the summer. Mazal Tov as Kelei Kodesh and Lay Kodesh:

well to Chana Zuckier, our new editor-in-chief on the Beren Campus, on her mar- An Interview with President Webmaster riage to Shlomo. Rafi Miller This year, Kol Hamevaser has an all-new editorial staff, and we would like to Richard M. Joel...... 4 “When I first became president Cover Design introduce ourselves: Editors-in-Chief Chana Zuckier and Chesky Kopel, and Associ- ate Editors Ariel Caplan and Gabrielle Hiller. We and our writing staff are excited for I went to a seminar with thirty Ezra Seligsohn the journey and challenges ahead; our upcoming plans include an issue on Jew- other presidents, and at the end ish Education, a panel on the role of Torah in the American public sphere, and a of the four-to-five day seminar, About Kol Hamevaser student-led discussion group on moral questions surrounding the death penalty. Our my colleagues elected me the new Kol Hamevaser, the Jewish Thought magazine future issues will feature a brand-new Arts section, part of the Jewish Life and Ideas ‘president with the most difficult of the Yeshiva University student body, is Through Art project, in coordination with the Yeshiva University Museum. This sec- job.’ Why? They said, ‘Because dedicated to sparking discussion of Jewish tion will examine works of art and poetry significant to the themes we will address. you are running a major research issues on the Yeshiva University campus and Please visit us at www.kolhamevaser.com, check out our Facebook page and Twit- university, and you have the Jewish beyond. The magazine hopes to facilitate ter account, and avail yourselves of our guest lectures and shabbatonim. People.’” the religious and intellectual growth of its Conducted by Shlomo Zuckier readership and serves as a forum for students to express their views on a variety of issues General Jewish Thought that face the Jewish community. It also provides opportunities for young thinkers to The Daughters of Tselofhad and Halakhic Progressivism...... 7 David, Son of Jesse...... 14 engage Judaism intellectually and creatively, “The topic of halakhic progressivism is not a new one; in fact, the issue figures “He was as much a symbol as an and to mature into confident leaders. individual man, the icon for Jewish prominently in the biblical narrative of the daughters of Tselofhad.” Kol Hamevaser is published monthly and its monarchy, and his performance was Toviah Moldwin primary contributors are undergraduates, one by which all future kings would although it includes input from RIETS Tirha de-Tsibbura and the Modern Synagogue...... 12 be judged.” Roshei Yeshivah, YU professors, and outside “One would expect that a concerted effort would be made on the part of Jew- figures. In addition to its print magazine, ish communal leadership to ensure that the synagogue experience is an overall Kol Hamevaser also sponsors special events, Chesky Kopel positive one. Unfortunately, however, this is simply not the case.” speakers, discussion groups, conferences, and shabbatonim. Toviah Moldwin We encourage anyone interested in writing Women’s Zimmun: It’s Just Not that Radical...... 8 about or discussing Jewish issues to get “There are absolutely no authorities that say it is forbidden for women to form This magazine contains words involved in our community, and to participate a zimmun. The only disagreement that stands is with regards to whether it is of Torah. in the magazine, the conversation, and obligatory or merely optional for women to form a zimmun.” our club’s events. Find us online at www. Please treat it with respect. Gabrielle Hiller kolhamevaser.com, or on Facebook or Twitter. www.kolhamevaser.com Volume V, Issue 1 2 Leadership

preventing the loss or deterioration of health.xii commentators have attempted to expand the Communal Obligation and the Modern-day physicians’ strikes in Israel are “loss” to secular studies as well. R. Aharon primarily caused by physicians’ displeasure Kotler writes that there should be no separation with their wages and working conditions in between the waste of time meant for secular 1 Right to Strike the socialized state. Physicians, however, are studies and the time spent for Torah studies only necessarily entitled to minimum payment because the loss of both bring about a neglect 21 BY: Dani Lent in Jewish law. As physicians treat patients of education and nurturing of students. in accordance with divine command and Today, however, teachers work under Strikes, in the conception of many Jews 10a, Rav allows an individual worker to quit ordinarily no compensation for the fulfillment a contract with their employer—one that today, have a clear association with Israeli even in the middle of the day if there will be no of a mitsvah can be demanded, a physician is agrees to their right to strike. It can thus be society. They are what cause disruptions to loss to his employer, because a laborer cannot entitled to payment only for physical labor proposed that any strike that is subsequent to travel plans, cancellations of soccer games, and be coerced into working for a particular wage.6 and time spent in which he could be employed the warning time obligated by law should not the boredom of thousands of schoolchildren. This is applied by later sources to mean that elsewhere, and he may not then demand an be considered, as it says in the story regarding Whereas the international trend over the past labor unions can decide that they are unwilling exorbitant fee.xii Based on this, R. Moshe Halevi the artisans in Bava Metsiah, “quitting in the few decades has been a general decrease in to work for a given salary. This principle, Steinberg resolves that since Jewish physicians middle of the day,” because the employer the number of workdays lost to strikes, there however, is subject to limitations, such as cases are obligated to heal the sick, they should agreed to this legal right and knew that this has been an increase in Israel, making it the when the contract has already been agreed not be allowed to strike for financial reasons strike was possible. Thus, in R. Kotler’s view, country with the highest number of workdays upon and in cases of essential services. Of under any circumstances. They may certainly which frames the issue in terms of “quitting lost.2 From 2002-2008 alone, 408 strikes took the three services most commonly cited as ask for appropriate wages, but these financial in the middle of the day,” striking would not place that resulted in the loss of 12.5 million essential—security, health, and education-- demands cannot ever sanction a strike that has seem to be problematic because the concept of days of work.3 Israel also has one of the most only security work stoppages are prohibited in the possibility of endangering lives.15 On the “loss” does not apply. It seems difficult, then, lenient policies in regard to who can strike, Israel. other hand, the former Chief Rabbis of Israel, to hold that it is not permitted for secular with the right being withheld only from While the health industry is legally R. Avraham Shapiro and R. Mordechai Eliyahu, studies teachers to strike when they do not security personnel. In contrast, most other permitted to go on strike in Israel, the permit doctors to withhold free treatment from have to contend with issues of bittul Torah. If, states prevent from going on strike any worker obligation of a physician to treat patients is a non-critical patients as a means of bringing however, one subscribes to the idea presented whose services are deemed necessary for the halakhically mandated obligation. According their employer to arbitration.16 by R. Eliezer Melamed that secular studies survival of the state, such as airport personnel to R. Eliezer Waldenberg, there exists a Teachers, like doctors, have the status in allow for a further understanding of God, then and social workers.ii Over the past decade, a hiatus from these studies would result in this blanket permission in Israel for almost all bittul Torah.22 workers, including ones who provide social Strikes of physicians and teachers Bittul Torah of students is the problem that services, has been called into question. The is most often mentioned in regard to teachers recent threat of a physicians’ strike and the two- specifically, both of whom have a striking. Judaic studies teachers, and perhaps month long teachers’ strike in 2007 has brought secular studies teachers also, who wish to this discussion to the forefront of both political religious component to their profession, strike are dependent upon the resolution of and rabbinic discourse. Strikes of physicians a dispute between R. Moshe Feinstein and R. and teachers specifically, both of whom have are particularly contentious in halakhic Yosef Shalom Elyashiv. The Talmud recounts a religious component to their profession, are the obligations of a father regarding his son particularly contentious in halakhic literature. literature. and includes among them the obligation to The phenomenon of strikes is a relatively teach him Torah.23 R. Yehoshua ben Gamla modern one, which explains the dearth of communal obligation to provide for the sick.7 Judaism of claiming a divine mandate to later extends this obligation of teaching Torah traditional halakhic discourse on the issue. One A physician is thus, in a sense, the operative, their profession. Rambam writes, “In a place to children as one incumbent on an entire case, recounted in the Talmud, could be said to the messenger, for the entire community vis- where it is customary to receive a wage for community.24 If a teacher is hired to fulfill be one of the earliest Jewish strikes. In Yoma 38a, à-vis the sick of the town because he is the teaching the written Torah, one is permitted this obligation, however, does this discharge the Mishnah criticizes the House of Avtinas, the one with the requisite skill set. The refusal to do so. However, it is forbidden to take a the father and community completely of their incense-makers, who refused both to work and of a physician to treat a patient constitutes wage for teaching the Oral Law, as it states: responsibilities and subsequently lay the duty to teach others the secrets of their art so that a violation of the biblical prohibition, “You ‘Behold, I have taught you laws and statutes, for hinukh solely on the teacher? If so, is a others could work in their stead. Other workers may not hide yourself,”8 from aiding a fellow as God commanded me.’17 [Our Sages teach teacher then responsible for any bittul Torah the were brought in to break the strike, but they human being.9 Even more so, “If the physician that Moses was implying:] Just as I learned at student incurs? R. Feinstein, in prohibiting the were not as competent. Ultimately, the Sages withholds his services, it is considered as if he no cost, so too, have you been taught from me strikes of teachers of Torah, affirms that once doubled the wages of the original workers with shed blood,”10 based on the verse, “Nor shall at no cost. Teach the coming generations in a a teacher takes upon himself the education of money from the Temple treasury so that they you stand idly by the blood of your fellow.”11 like manner. Teach them at no cost as you have his students, he is liable for any bittul Torah would return to work. This marks a precedent There are, in addition, positive commandments learned from me.”18 The teaching of Torah is that occurs during his strike.25 In contrast, R. for the triumph of labor over management in that obligate a physician to treat a patient. not considered to be a profession, but an act of Elyashiv does not hold a teacher any more Jewish history. Rambam seems to permit such Rambam states that “it is obligatory from the religious observance; thus, Rambam considers responsible for students’ lack of guilds and the right of workers to organize Torah for the physician to heal the sick, and this charging money for it inappropriate. While learning than any other member and impose binding regulations, such as is included in the explanation of the scriptural today teachers of Torah are paid, the notion of o f the community who is permissible hours of work and punishments phrase, ‘and though shall restore it to him.’”12 the holiness of their profession comes to the for violators, but only under the guidance of Rambam applies the concept of returning a forefront when they wish to gain better wages rabbinic authority.4 As the medieval system lost object, normally thought to be reserved for through striking. of guilds morphed into the modern-day physical objects, to the amorphous definition of In addition, there is a discussion as to a system of unions, rabbinic authorities applied returning to a sick person his health. Ramban,13 teacher’s responsibility for their students’ bittul virtually the same principle: Workers have a in his discussion of the obligation of physicians zeman (waste of time). Siftei Cohen explains right to organize for their own advantage, but to treat, cites his source as the physician’s that when Rav in the Talmud refers to the ability the rabbinate theoretically has the authority commandment to “love your neighbor like of a worker to quit in the middle of the day if to nullify certain decisions that would harm yourself.”14 On the basis of these two negative no loss will result, this “loss” extends also to communal interests.5 and two positive commandments, R. Yehudah teaching, because “every moment a child is not The right to strike is largely considered Leib Zirelson argues that a physician’s learning causes irreparable damage.”19 While permissible in Jewish law due to our concern obligation applies not just in a case of pikuah originally conceived by most commentators for protecting worker interests. In Bava Metsiah nefesh (saving a life), but even in cases of to be talking just about Torah learning,20 later Volume V, Issue 1 www.kolhamevaser.com 3 Kol Hamevaser bound by the obligation to teach children. He (New York: Ktav, 1977), Vol 1: 186-189, Vol. 3: holds that a teacher’s obligation to teach ends 18-25; Uri Desberg, “Shevitat Ovdim al pi ha- Kelei Kodesh and Lay Kodesh: An the minute he legally goes on strike, as his Halakha,” Tekhumin, (1985) 5: 295-300. “messenger-status” for the fathers and the 2 Asaf Shapiro, “Shevitot Be-Mabat 26 community becomes null and void. Ha-Shavati,” The Israel Democracy Interview with President Richard This conception of both the physician and the Institute (2011), available at: http:// teacher as messengers of the community can be www.idi.org.il/Parliament/2011/ the deciding factor in the mahaloket (argument) Pages/2011_68/68_d/68_D.aspx. M. Joel concerning the permissibility of their strike. 3 “Strikes and Lock-Outs, Strikers and BY: Shlomo Zuckier Another look at the Talmud’s account of the Persons Locked-Out, Work Days Lost SZ: Can you describe your career trajectory- how thinking, “What am I going to do to make it?” House of Avtinas’ strike based on this idea and Slow-Downs,” Statistical Abstract of being messengers of the community could you went from a career in law to a career in Jewish I do remember thinking, “What am I going to of Israel, Table 12.45, Central Bureau of leadership? do to make it better?” If there is a trajectory help us determine the correct ruling on the Statistics (2009), available at http://www. RJ: I can’t really say whether I ever had a that Esther and I had, it was: “How do we build permissibility of strikes. The House of Avtinas cbs.gov.il/reader/shnaton/shnatone_new. career trajectory, and I’m not sure if I have a a joyous life, with our relationship and love can be said to have also served as messengers htm?CYear=2009&Vol=60. career in Jewish leadership. I often tell people at the center of it, serve God, create a happy for the community. As incense-makers, the 4 Mishneh Torah, Hilkhot Mekhirah 14:10. that I am in no way the poster child for career family, and be involved in a community?” It House of Avtinas acted as messengers for the 5 Tsits Eliezer, II, no. 23; Iggerot Mosheh, planning, because my career has been – if wasn’t out of a need to make it. community in its fulfillment of the obligation to Hoshen Mishpat, I, no. 58. you believe in hashgahah peratit, guided by a We were married, we moved to Forest Hills, offer incense. The incense was offered on behalf 6 Bava Metsiah 10a. mostly kind hand, which resulted in an almost [and] from there to Oceanside, where I was of the entire community as a means of attaining 7 Tsits Eliezer, Ramat Rahel, 5:24. Based on accidental career. I certainly didn’t start by the youth director - not because I wanted to saying, ‘What do I have to do to become make it, or even to make it better; we needed atonement, hence its prominence in the Yom the ruling of the Shulhan Arukh, Yoreh De’ah Kippur Temple ritual.27As long as the House of president of Yeshiva University?’ or even, to make a living. When R. Benjamin Blech 249:16 which entitles the sick poor people ‘What do I have to do to be in a position of (then the rabbi of Young Israel of Oceanside) Avtinas was acting as the messengers of their of a town a large claim on the community’s community to fulfill the communal obligation, working for the Jewish people and being an recruited me for the youth director position, he tsedakah resources. influence?’ said, “You’re a young couple, looking to live it was not their prerogative to cease working, as 8 Deuteronomy 22:3. they were not working for themselves alone. In 9 Teshuvot Arzei ha-Levanon, no. 61. In entering a profession in which one is involved this responsum this dictum to prevent the I don’t think that my perspective was, in “God’s work” for the sake of others, there monetary loss of others is extended to the is an added layer of obligation in which one prevention of another’s loss of health. “How can it be that I go from law to is in a sense beholden to the community that 10 Turei Zahav, Yoreh De’ah, 336:1. entrusted him or her with a duty. Immediately 11 Leviticus 19:16. following that Talmudic story, R.Yishmael 12 Commentary on the Mishnah, Nedarim Jewish leadership?” I think we’ve spent denounces the incense-makers for attempting 4:4. Based on Deuteronomy 22:2. to increase their own benefit at the expense of 13 Torat ha-Adam, s.v. “Ha-Sakanah.” our lives saying, “If you’re lucky, how Heaven. R. Yishmael was displeased with the 14 Leviticus 19:18. strike because it left the community without a 15 M. H. Steinberg, “Physicians’ Strikes in do you take advantage of opportunities means of fulfilling its obligation. In the same the Light of Halacha,” Assia, Vol. 3 (Jerusalem: vein, physicians and teachers should not have Rubin Mass Ltd., 1983), pp. 341-342. to build a home and family, provide the freedom to strike on their own behalf 16 A. Shapiro and M. Eliyahu. “Letter because they act not only on their own accord. Regarding the Recent Strike.” Assia, Vol. 3 for them, and play to your strengths The communal reliance on them does not (Jerusalem: Rubin Mass Ltd., 1983),, pp. 47. rupture the moment they decide to strike, so 17 Deuteronomy 4:5. their obligation to continue working and find 18 Mishneh Torah, Hilkhot Talmud Torah, 1:9. in advancing the Jewish story and some other means of remedying their situation Rambam, Commentary on the Mishnah, Avot does not either. Based on this logic, the stricter 4:5. civilization?” view in each mahaloket of R. Steinberg and 19 Siftei Cohen, Hoshen Mishpat 333:5. R. Feinstein for physicians and teachers, 20 Maharam of Rothenberg, 4:387. While at Hillel in Washington, I once in suburbia, and this is a nice community and respectively, seems to be more cogent. These 21 Mishnat R. Aharon, Chapter 71. two professions have the great distinction of interviewed a young man who was looking it’s a part time job and you get a house.” For 22 R. Eliezer Melamed, Hilkhot Shevitah, for an opportunity to work for the Jewish those lofty leadership reasons, I accepted what being classified as having religious meaning, available at: http://www.yeshiva.org.il/ community. A Phi Beta Kappa summa cum laude I said I would never do, which was to work for which, unfortunately for them, comes with midrash/shiur.asp?id=6396. graduate from an Ivy League school who had the Jewish community. So I became a youth the side effect of not halakhically possessing 23 Kiddushin 29a. been working at one of the major consulting director. During our joyous 14-year run there, the full expanse of legal tactics by which to 24 Bava Batra 21a. firms, this fellow felt that by the age of twenty- we were involved in all sorts of ‘lay kodesh’1 improve a non-ideal situation. 25 Iggerot Mosheh, Hoshen Mishpat, 1:29. R. seven, he knew everything there was to know, things that really mattered. Over the course Feinstein does permit teachers to strike under and was now going to give himself as a gift to of our time there, our community built a hevra Dani Lent is a recent graduate of SCW. She the most dire of circumstances, such as when the Jewish people. At a certain point during kadisha, a mikveh, and a great youth program, is now a first year student at SUNY Downstate the teachers do not have enough to live off of our discussion, he committed the cardinal sin of and we were active in the Hebrew Academy of interviews, and said, “Can I be perfectly honest Long Beach, as well. Because of my background College of Medicine. and also on condition that it is clear that the with you?,” which meant, of course, that he had as a volunteer with the Torah Leadership employers will adjust their salaries. not been fully honest until that point. He said, Seminars, which were similar to CJF activities, 1 The following is a short list of the many 26 R. Yosef Shalom Elyashiv, Kobets articles to which I am indebted for their help: “Do you know what I really want?” Pointing I had been bitten by this sense of the potential Teshuvot 2:50. at my seat, he said, “I want to sit in that chair.” to make an impact. I felt that I had some talents Fred Rosner, “Physicians’ Strikes and Jewish 27 David Silverberg, “SALT: Parashat When I asked him why, he said, “The power in helping to frame an environment and give it Law,” Journal for Halakha and Contemporary Tetsaveh-Purim,” Virtual Beit Midrash, and the glory.” I said, “You made a mistake; the some nobility, and I had a good eye for getting Society, Fall 1993; Aaron L. Mackler, “Judaism, available at: http://vbm-torah.org/archive/ Oval Office is six blocks down,” and we joked people more talented than I to get involved and Justice and Access to Healthcare,” Kennedy salt-vayikra/20-13tetzave-purim.htm. a bit. He then asked, “When you were my age make things happen. Institute of Ethics Journal, 1:2 (June 1991); R. and were thinking about what you were going In my generation, people didn’t give very Elisha Aviner, “Shevitat Morim,” Yeshivat Maale to do to make it, what did you say?” Stunned much thought to what they were going to Adumim, available at: http://www.ybm.org. by his question, I took it seriously nonetheless, do. I knew that I was going to be a lawyer il/hebrew/LessonArticle.aspx?item=2822; J. and responded that I honestly didn’t remember since the age of twelve, because law was a David Bleich, Contemporary Halakhic Problems www.kolhamevaser.com Volume V, Issue 1 4 Leadership respectable field, where I could make a living while improving the world. My early vision through my life is that my not being a rabbi in Jewish continuity; we believed in Jewish undertakings that we are involved with, and was to be a general-practice lawyer - to go seems to be a qualification. As I was recruited renaissance. I think haddesh yameinu ki-kedem, knowing that we must move forward in an to a community, hang up a shingle, make a for that job, I said no and my wife said yes; I which is the definition of renaissance, is a environment of not just restraint but constraint. living, and help people. When I got to law accepted in the end. The job was great to me theme at Yeshiva University as well. The goal is not to figure out how to endure under school, I found out that this is not necessarily because it was Jewish, and it allowed me to There is clearly a difference between the such conditions, but how to break through the classic definition of what lawyers do, and simultaneously run a serious institution, be a business aspects of each position, in that my and triumph, how to win. Additionally, as also discovered that law had become more of change agent, and be an educator. I feel that current job is the business of a university. The president, through my efforts, my successes a business than a profession. However, in my the Jewish People can only be sustained if budget is about ten times the size of Hillel’s, or failures, I affect the lives of the people who generation, career choice was very simple – they know their story, and if they feel some and my job entails dealing with an entire depend on YU for parnasah (livelihood). Some you would either be a doctor or a lawyer or a degree of passion about it, and both of these body of delivery of service, not just a piece people come and some leave, which can be a businessman, or be involved in Jewish life as things are in Hillel’s mission. At that point, of campus life for students. The mission at very hard thing. The second difficult aspect of a rabbi. You chose one of these options and we moved down to Washington and continued Yeshiva is a more focused mission, though the being president is that working towards large pursued your career path without thinking too to have a wonderful life being involved in the ramifications are every bit as global. Here I am goals in our retail world requires investing much about it. This generation is going to live community, and I got to go on this magical a chief executive officer, but I am also involved energy in individuals, which can often be very much longer and thus has the pressure as well mystery tour of building institutions that in formal education and, to a lesser degree, challenging, and makes it easy to focus more as the luxury of saying, “How am I going to would matter for the Jewish people. It all experiential education. The fact that the on the smaller details and lose focus of the matter?,” which I think is great. I try to attract flows from Esther and from my relationship institution is concentrated in one geographic larger picture. people to Yeshiva so they can think about life with God and Torah and my children. That has area makes it more intense. When President In terms of challenges, did you find that the as being ennobled and enabled. I talk about never wavered. Obama is interviewed and talks about panel, “Being Gay in the Orthodox World,” and being kelei kodesh and lay kodesh. The one job in the Jewish world that I knew problems of “life in the bubble,” I understand the ensuing fallout created a challenge in terms I started out as an assistant district attorney I would never have was president of Yeshiva his dilemma in the way that few others can. of keeping in mind all the different constituencies because I wasn’t interested in the business University. It was at the beginning of the process The president of Yeshiva University’s role is while responding to it? of law, but in making a difference. Instead that I was mentioned as a candidate, and I viewed very much under a microscope. Looking back, I can say that this was one of going to a Wall Street firm and then doing refused to be a candidate, saying that I loved The YU presidency entails responsibility of the wonderful opportunities I had, because some pro bono work, I chose to do a public what I was doing in Washington. I thought the for a diverse, integrated, and interesting it really called on my strengths, as well as the service internship at the DA’s office. Working YU presidency was a very important, but also academic institution of high quality which strength of the people around me. Nonetheless, there, I felt, “this is justice; this is nice; this an extremely difficult, job, and I didn’t think I aims both to shape the Jewish future and if you asked me about the last seven and a half is noble,” and was quite happy. Life was had what they would look to for qualification. succeed academically as a great graduate and years (in the presidency), the panel doesn’t really wonderful and has been consistently They went through two years with me not professional university. When I first became stand out as being the most challenging event. wonderful throughout the years. I almost hate being a candidate, and finally, at the very end president I went to a seminar with thirty other I think that that issue is part of the reality that to say it – it’s been a magical journey. While of October 2002 I was somehow recruited by presidents, and at the end of the four-to-five you deal with, whether it gets the light of I was going through the period at Cardozo, Mr. Stanton and Mr. Bravmann, I was engaged day seminar, my colleagues elected me the new attention or not, in so many ways. helping to build the law school, and teaching in six weeks of conversations, and apparently “president with the most difficult job.” Why? And we’ve had so many things, from the time law while wearing a yarmulke, there was this was elected. They said, “Because you are running a major I’ve come here. Remember, this was an activist little voice in me saying, “what’s next?” When I don’t think that my perspective was, research university, and you have the Jewish period. My charge, as Dr. Lamm encouraged I mentioned to my wife that I was thinking “How can it be that I go from law to Jewish People.” They did not mean to put down the me, was to stand on his shoulders and go to the of joining a law firm, Esther said I wouldn’t leadership?” I think we’ve spent our lives Jewish People in any way; they were simply next place. So it hasn’t been about maintaining be happy practicing law. I said, “We have a saying, “If you’re lucky, how do you take noting that at Yeshiva, there is a peculiar but creating, about haddesh yameinu ki-kedem. So wonderful life. I can continue practicing law, advantage of opportunities to build a home partnering of agendas. The mission of Yeshiva for me, all of this is about creating a revolution we’ll make more money, we’ll be involved in and family, provide for them, and play to your University is not only to be a great university, no one notices until it’s done. So if you ask me all these activities,” and she said, “I think you strengths in advancing the Jewish story and but also to impact the Torah-observant about how I emulate God, one way I love to need more than that.” civilization?” I think everybody has that career community, the broader Jewish community, do it is the way He makes flowers grow. You As I was about to accept a job at a Manhattan path open to them. and, through those channels, all of civilization. look around and there’s nothing, and all of a law firm, Hillel called me out of the SZ: How is your role at Yeshiva University The particularism of YU makes me a figure of sudden there’s a flower. If you were standing blue (I think because they different than it was at Hillel? interest in the world. and watching, you’d never see movement, were desperate), and RJ: In substantial ways, it’s not different. Another unique aspect of this job is the loss and yet there’s a flower. I think a lot of that is said that they wanted to Taking responsibility for an enterprise, of anonymity. Unlike the experiences of other what’s been happening at YU. talk to me about running articulating a vision and developing an university presidents, my key constituencies I think the program last year was Hillel. I had nothing implementation strategy, while recruiting are always front-and-center, where I live and extraordinarily challenging. Partially, it was to do with Hillel; I was gifted, talented people, lay and professional, to where I eat and where I play and where I pray. challenging because it was important, and I a complete outside advance the enterprise – those factors are the It is hard to get away from being the president, don’t know if we ran the whole enterprise the choice. A motif same. and I’m just a guy, so I need to get away from way we ideally should have. So I was on a jet that goes On the other hand, there are some differences. it sometimes. plane on my way to London, and a lot of the Hillel was running a global franchise, so there SZ: What is your favorite aspect of being “critical moments” had to happen while, in fact, was a certain safety in the headquarters president of YU, and what is your greatest challenge I was in a hotel in London on a cellphone in the in Washington as I worked with the in that role? bathroom – because the bathroom was the only seventy-five people who were all RJ: I could say that I am in love with room where I could get cell reception – dealing part of my infrastructure. I would education, and love advancing the agenda of with really challenging issues and statements also deal with the local Hillels, but Torah in the world, and that’s a great thing, to be made, and how to make them, and how it wasn’t quite as up-close-and- but if you ask me what I like the best, it’s being to think about my different constituencies. personal as things are at Yeshiva. with students. Keeping myself intellectually And long-distance-leading is hard. But I also Also, the organization was limited and socially alive by having these interactions had the benefit of R. Reiss and R. Charlap and to informal and experiential Jewish is critical to me, and joy comes from thinking R. Joseph, and my professional team at that education. I was more involved in that maybe I have the zekhut to, through those moment, and of lay leaders who helped. the fabric of community, on a more interactions, contribute in some way to whom I think it’s painful dealing with rage or global Jewish level, although I think they will become. Another aspect of being outrage. I don’t think we’re ever at our best a lot of Yeshiva University is about president that I enjoy is running an inspired when dealing with rage or outrage. The a global Jewish level too. At Hillel, team of educators and leaders. I love being challenge of an event like that is to not get I had much more to do with the able to think that we’re impacting our world. sucked into the moment, but to keep your network of federations, the different In terms of the challenging parts of the job, eye on the ball and think about the broader agencies of the Jewish people and I’ll answer in two ways: First, YU is one of the perspective, to realize that there are issues of denominations, to work towards largest, if not the largest, Jewish institutions that kind of moment that take place all the time success. The phrase that Hillel in North America. We are at a time of real here, and this is a university, which also means Chairman Edgar Bronfman and I civilizational turmoil and financial challenge. that it’s a place where ideas will be explored, formed was that we didn’t believe The hardest thing is seeing all the wondrous and this is Yeshiva University, which means Volume V, Issue 1 www.kolhamevaser.com 5 Kol Hamevaser that it’s a place where issues of consequence for remains a serious challenge. We believe in those who will write our prose States of America that flies the Israeli flag next to the Jewish People and for Torah get explored. Furthermore, we must maintain the and those who will compose our poetry. the American and university flag. Additionally, It certainly wasn’t fun, and along with a lot awareness that our specialness derives from the A leader is not someone who stands I think that there are more students making of other things, it presented the weight of fact that we are neither exclusively collectivists up and declares himself to be such, but is aliyyah from this university than from any other responsibility: knowing that, at the end of the nor individualists; we are both. We are someone who takes responsibility. When our university in the world, and this phenomenon day, you are the only one who is going to go capitalists and we are socialists, in the sense community takes responsibility and stands up is growing. To me, it is clear that Israel is to sleep knowing that there’s no one else to that we believe in the capacity of the individual for its constituents, learns how to fight while the destination of the Jewish People, even if push this off to. But we’ve had other really to maximize his or her potential, and we also still recognizing the value of the other, then making aliyyah is not for me today. The job hard issues, and hard decisions, that shaped believe in the individual’s responsibility to we advance. Currently, at Yeshiva University, of the Jew is to live a Torah life and to strive the future. This was a matter of dealing with define him or herself as being part of the I believe there are more students, women and individually to achieve shelemut. One cannot it, getting the right learnings from it, realizing group. I think a clear Modern Orthodox credo men, than there have ever been who are living read through the Torah without soon realizing that it was good or bad from a lot of directions is the ma’amar of Hillel ha-Zaken, “Im ein ani in an environment that successfully models that the home of the Jewish people is Erets and a lot of people’s perspectives, and we had li mi li… ve-im lo akhshav eimatai” (“If I am not responsible leadership. They see that there Yisrael, which today also means Medinat Yisrael. to figure out how to negotiate that. for myself, who is for me?...and if not now, are opportunities, both in professional and There are clearly more mitsvot to observe and What is the most unexpected thing you when?”),2 that tells me I have to be responsible lay ways, to assert that responsibility, and that be mekayyem (fulfilled) in Artseinu ha-Kedoshah have learned about being a leader in the Jewish for, but not exclusively focused on, myself, and is going to build the Jewish future. YU is sui than anywhere else. community? I must accept responsibility now and not defer generis because even with all of its flaws, and However, there is a lot that Jews can and Before I came to Yeshiva University, I had a it for the future. Maintaining that balance, we I have been told a few of them, Yeshiva is a must do throughout the world, even beyond strong sense of what Yeshiva was. At this point, believe in an integrated life, with Torah at its place that is a model for successful community, supporting Israel or being involved in hinnukh. I had been leading serious Jewish institutions core. That requires nuance, to be able to build with Torah and with Madda, with curricular Just as there are many different ways to achieve professionally for almost 23 years, which gave communities, and we’re a small community, and extracurricular, with thinking outward shelemut within Torah, so too there may be me some degree of experience. The Torah we’re a very small community. We’re growing, and looking inward. We are not asking that many different places to achieve this goal most Leadership Seminar, the youth programs that but we’re a small community. I don’t think the each student be actively involved in every productively. Certainly, the center of the Jewish I was involved in, leading as a volunteer in answers will be in the numbers. The answers one of these endeavors but there must be an world is Medinat Yisrael and we view aliyyah as my college and graduate school days, in many have to be: to be generous, to be sure that we appreciation of the splendor of a community a wonderful aspiration for all of our students. ways was the microcosm of how community recognize that perhaps we have a role as the that includes all of them. The sum of the human However, there is also an aspiration for our works. Being involved in such programs leviyyim of the Jewish People, that perhaps our has millions of cells. You can start with a basic students to go to Houston, Denver, Seattle, taught me how to progress in a mission-driven role is not to be their kings or leaders in any building cell and build the whole human body, and Johannesburg to model the Jewish story way, how to work both cooperatively and way, but to recognize that the drumbeat of the but each cell has its own particular purpose. I and Jewish values. Living and spreading the rigorously to create a wonderful and successful purposefulness of Torah has to be articulated truly believe that. values of yiddishkeit is our mission. The late institution. Furthermore, my mentor, Dr. Abe Dr. Israel Miller, z”l, the senior vice president Stern, z”l, who was the director of the Youth of Yeshiva, was very active in Israeli matters, Bureau of Yeshiva University, taught me a and had relationships with all of the national tremendous amount about leadership. A social The mission of Yeshiva University is not Israeli leaders. I was fortunate enough to have worker, musmakh, and mensch par excellence, this great Jewish leader as a mentor. Someone Dr. Stern modeled for me how the focus of only to be a great university, but also once questioned him about his dual loyalty to leadership is about making it better and not America and Israel, and he responded, “I love about making it. I don’t know that I felt tons of my mother and I love my wife.” Institutionally surprise; there were always learning moments to impact the Torah-observant commu- that’s what we believe in. along the way. The most unexpected aspect of How much interaction should the leadership leadership at Yeshiva was the relentless nature nity, the broader Jewish community, and, of the Modern Orthodox community have with of the position. Being president can almost feel leadership from other denominations of Judaism, like being the guy in the slapstick routine who through those channels, all of civilization. and, beyond that, with leaders of other religions? looks one way and gets a pie thrown in his face, We have a responsibility to work hard to find and after wiping his face off, he turns the other ways, difficult though it may be, to maintain way and the pie comes again - he just cannot by us and worked with others together. Furthermore, the role of the teacher, the and invest in Kenesset Yisrael. Although we run away from the pie. That imagery accurately So whether it’s kelei kodesh or lay kodesh, the Rav, has to be very strong and we must may disagree with their viewpoints in many describes the sense of constant work that being word kodesh has to be modeled, that we live a have talented people in those positions. At instances, we must see all segments of Jewry in this position at YU demands. I often feel life of nobility. I think there’s all types of little Yeshiva University, Torah is the center of as part of Beit Yisrael. Without every Jew, we that I am performing the trick where people challenges- the price of being Jewish. There our lives. Without the yeshivah, its rabbeim, are just a series of little enclaves. It is no great balance plates on sticks and they keep adding are lots of generations that would happily put and the vibrant beit midrash, including the victory to say here we are and everybody else sticks and plates and soon they are balancing up with that being the major struggle. The conversations that span the millennia that has disappeared; that is a failure. Our job is to five sticks at once. Here at Yeshiva, there are essential challenge is to celebrate nuance and take place within its walls, YU would be just be welcoming and open and, when we are able, all these plates on these narrow sticks, and you not relativism, and to accept that ours is not an another nice university. Yeshiva University’s to participate in the broader Jewish community. need to figure how to run along the line while intellectually or spiritually easy path, but it’s distinctiveness derives from the fact that it is a We don’t want to develop the attitude of “we’ll still keeping the plates from dropping. I think the one we think is enormously fulfilling. To yeshivah unlike all others but its identity is first be reasonable; everything is relative.” Nor do that aspect of the job was a little surprising. accomplish our mission we must not forget the and foremost a yeshivah. we have to judge every interaction with our Looking ahead, what is the greatest challenge rest of Kelal Yisrael, and we must learn to have The future leaders of the Jewish People will non-Orthodox counterparts by saying, “Am facing Modern Orthodoxy, and how should our humility and boldness at the same time. I think most certainly include the rabbis who serve I being mekaddesh this person right now?” We leaders deal with it? that is the major challenge. as the teachers of Torah, pulpit rabbis, roshei strive to be dan et kol ha-adam le-kaf zekhut and The key elements, in my mind, of what you call Who are going to be the leaders of the future? yeshivah, members of battei din and the elite, see that our role as the leviyyim of the Jewish “Modern Orthodoxy” and I call “Orthodoxy,” Pulpit rabbis? Those in Hinnukh? Lay leaders? the posekim of the Jewish People. However, people is to keep the Jewish ball in play by are the primacy of a deep commitment to Torah Will there be a change on this count from the current the leadership will also necessarily include the encouraging people to engage in the pursuit and continued investment and growth in Torah, reality? explorers, scientists, scholars, businesspeople, of Jewish knowledge and experience, in shared coupled with the mandate to regard the great I’m not sure what the current reality is; I and lawyers - a real mix of lay and kelei kodesh. commitment to Jewish education and to the ideas of the broader world and channel them, think it’s mostly confused now. In order for us At least from my perspective, the shared State of Israel. in partnership with God, to the betterment of to be a kehillah kedoshah, it requires a deliciously noun kodesh is what makes us distinctive, and To pursue these goals, we have to find society. On an individual basis, the challenge complex partnership of lay and kelei kodesh, it whether you’re lay or kelei, there are different ways to be counted. That is why I think it is is to create a life of fulfillment and happiness requires Yissakhar and Zevulun, it requires the roles to be played. important that our students attend the General through these commitments. It is a noble kohanim and leviyyim, and it requires the other Where do you see the State of Israel or aliyyah as Assembly of Federations and that we have and worthy mission that requires work and tribes. We need a symphony of Jewish voices fitting in with the mission of YU? service learning programs in Israel that are ongoing effort. Additionally, the imperative to that share a commitment to moving society It is unimaginable to think of yiddishkeit invested in citizenship of Israel. That is why we be generous and nonjudgmental toward Jews forward. What makes us unique, I think, is without the State of Israel, and at YU, we host programs at YU that the entire community to our right and to our left, leaving the realm that we believe in investing both in the sacred proudly call ourselves a Zionist institution. I is invited to. It is really important that I be of judgment to the Ribbono shel Olam alone, scholar and in the engineer and neuroscientist. believe this is the only university in the United able to sit down, without making statements

www.kolhamevaser.com Volume V, Issue 1 6 Leadership of who is in and who is out, and have those conversations. At Wurzweiler, we have a Jewish communal program where everyone The Daughters of Tselofhad and can learn the commitment and passion of Judaism without having to sign on to our way. YU needs to be a service arm for the entire Halakhic Progressivism Jewish community, and to not have a narrow funnel of who is admitted. Certainly, we are BY: Toviah Moldwin unapologetic about what our undergraduate education is and what our Torah perspective In recent years, there has been a significant A number of questions emerge from this priori halakhah was revealed. is, but we have riches to share with the larger amount of dialogue within the Orthodox narrative. What prompted the daughters 2)The daughters of Tselofhad are, in this world as well. community, particularly among the left-wing of Tselofhad to approach Moses? More reading, not portrayed as rebels or reformers, In terms of other religions, we also send Modern Orthodox, over issues of halakhic specifically, were they merely inquiring as to but rather as sincere Israelites with a halakhic our students to Nicaragua and El Salvador. I progressivism, or the attempt to consciously the halakhah in their particular situation, or question. From a traditionalist Orthodox have also had the privilege of being at some change Halakhah to conform to a standard more were they attempting to change an already standpoint, it is much easier to understand the meetings between us and the leaders of other in line with our modern values and sensibilities. established law? Furthermore, what would Torah’s positive attitude toward the daughters religions, which we do mindfully and with This dialogue is most often heard in the context have happened had the daughters of Tselofhad of Tselofhad if we do not view them as people good will, when they reach out to us. However, of women’s issues (such as women’s role in the not approached Moses with their claim? Would who were trying to modify Halakhah to conform in today’s world, inter-religious dialogue is synagogue or rabbinate), although there are the Halakhah today maintain that only sons to their personal needs. not the highest item on our agenda. Rather, other areas of Halakhah (such as homosexuality) would receive their father’s inheritance, or Despite the theological attractiveness of by modeling our world and living our values, in which increased attempts are being made to would the halakhah ultimately have come to Shimon ha-Shikmoni‘s approach, however, we we advance civilization. If, in the course of revise traditionally-held views of Jewish law.1 be that women also receive an inheritance (in must realize that it runs counter to a number doing so, there are opportunities to meet and Just as with many issues of controversy the absence of living brothers) irrespective of of details in the text of the biblical narrative. discuss communal issues, though not engage in the Jewish community today, the topic of whether or not the daughters of Tselofhad had There are several indicators in the narrative in debates or doctrinal conversation, which halakhic progressivism is not a new one; in fact, ever petitioned Moses? that suggest that the encounter between may have other possible appropriate venues, the issue figures prominently in the biblical There are two basic approaches to this Moses and the daughters of Tselofhad was of then such interactions can be worthwhile, but narrative of the daughters of Tselofhad. In this narrative found in rabbinic literature. The a more confrontational nature than Shimon ha- I don’t see them as being the top of the agenda. article, I will examine two classical rabbinic first approach can be found in tractate Bava Shikmoni would have us believe. First of all, the The top of the agenda is to advance civilization approaches to this narrative and, by doing so, Batra, in the name of Shimon ha-Shikmoni.4 fact that the Torah makes a point of telling us by being benei Torah and doing so generously. I hope to shed some light on the question of According to ha-Shikmoni, Moses knew from that the daughters of Tselofhad stood “in front What advice do you have for the current and halakhic progressivism in its modern context. the outset that the daughters of Tselofhad of Moses, El’azar the Kohen, the leaders of the future leaders of the YU student body? The story of the daughters of Tselofhad would receive a portion in the land of Israel. tribes, and the entire congregation of Israel [in Number one, learn Torah. Number two, begins in Numbers 26:53-56, when God tells However, Moses was unsure whether the front of] the tent of meeting”6 indicates that the love it all! Experience it all and push your own Moses: daughters of Tselofhad would also receive the nature of this incident was not a just a run-of- envelopes. It may seem counterintuitive, but To these shall you divide the land extra portion normally reserved for firstborn the-mill halakhic inquiry, but rather something now is not the time for you take it as easy as as an inheritance in accordance sons, as their father was a firstborn son (the far more critical and contentious. Moreover, can be, but strive to drink from all the troughs with the number of names. To the alternative would be that the daughters of the strong language used by the daughters of that have been made available to you. At this multitudinous, you shall increase Tselofhad would receive a portion equal to Tselofhad, such as “why should our father’s time in your life, you have the ability to work his inheritance, and to the few, you that of each of his father’s brothers, as opposed name be diminished?” and “give us an hard and really have it all. Also, be respectful shall decrease his inheritance; each to a double portion). Thus, the significance of inheritance!”7 demonstrates that the daughters partners in this enterprise. Push the envelope, man, according to his numbers the halakhic problem in question is relatively of Tselofhad felt that they were being slighted but push it from within the tent, not from shall his inheritance be given. minimal, not a groundbreaking issue of in some way by the extant halakhah, not that the outside the tent. Have some hakkarat ha-tov, and However, with a lottery shall the women’s rights. Furthermore, according halakhah had simply “not yet been revealed.” recognize that those in your community want land be divided, according to the to Shimon ha-Shikmoni, the nature of the Perhaps it is for these reasons that Sifrei8 to be in contact with you, want to help shape names of their fathers’ tribes shall discussion between Moses and the daughters takes a radically different approach towards you and want you to shape yourselves. They they inherit. According to the of Tselofhad was not confrontational; Moses the understanding of this narrative. In its know that they will be influenced by you as lottery shall they inherit, whether was simply unaware of the proper procedure commentary to the first verse of Numbers 27, well, but by virtue of being older we have more the many or the few.2 in this situation. It therefore emerges that the Sifrei expounds: experience and maybe have more knowledge Subsequent to this ruling,3 the daughters of actions of the daughters of Tselofhad were not Once the daughters of Tselofhad that we get to share. Students should accept Tselofhad approach Moses in front of the entire particularly courageous or revolutionary; they heard that the land was to be that. Another important piece of advice is by Jewish people, claiming: were merely asking Moses for a ruling on an distributed to the tribes, to males all means be skeptical but never be cynical. Our father died in the dessert, and undecided halakhic issue. and not to females, they all People are involved in YU because they want he was not one of the assembly Additionally, according to Shimon ha- gathered to take counsel. They to advance our story; cynicism is only corrosive who congregated against God Shikmoni’s approach, “the legal portion said, “not like the compassion9 and destructive. By all means ask questions, by in the assembly of Korah, for he concerning inheritance should have been of mortals10 is the compassion of all means advocate, by all means look to what died in his own error, and he had written [solely] through Moses, but the the Holy One, blessed be He, as needs improvement, but also recognize that no sons. Why should the name of daughters of Tselofhad merited to have it mortals are more compassionate your mission is not a monologue. There is a our father be diminished from the written through them.”5 In other words, the to males than to females, whereas dialogue, with testing and limits, and, more midst of his family because he has daughters of Tselofhad made no change to the Holy One, blessed be He, has than many other places, YU is a place with our no son? Give us an inheritance the extant halakhah—in fact, had they not compassion for all, as it is stated, own definitions. We are what we are; we’re not among the brothers of our father! approached Moses, the halakhah would still ‘and his mercy is upon all his relativistic, we’re particularistic. Moses listens to their request and approaches have eventually been decided in their favor. creatures.11’” God, Who responds: The only real consequence of the conversation Sifrei’s reading of this biblical narrative Richard Joel is president of Yeshiva University. The daughters of Tselofhad speak between Moses and the daughters of Tselofhad differs from Shimon ha-Shikmoni‘s reading Shlomo Zuckier is a RIETS student and a former correctly, give them a portion of was that they would now receive credit for in a variety of ways. According to Sifrei, the editor-in-chief of Kol Hamevaser. inheritance among the brothers of the revelation of this part of the Torah’s laws daughters of Tselofhad were not merely their father, and you shall pass the concerning inheritance by having their names questioning Moses as to whether they had a 1 President Joel often uses this term to refer inheritance of their father to them. associated with this section of the Torah. halakhic right to the portion of the firstborn; to the valued secular leaders of the Jewish And to the Jewish people shall you Shimon ha-Shikmoni‘s reading of the rather, they were protesting a known halakhah community. It is a word play of kelei kodesh. speak saying ‘When a man dies narrative of the daughters of Tselofhad is which explicitly denied women the right to 2 Avot 1:14. and has no son, you shall pass his attractive for two reasons: an ancestral portion in the Land of Israel. In inheritance to his daughter.’ 1) It preserves a sense of the immutability of other words, the daughters of Tselofhad felt God then presents a hierarchical list of Halakhah. That is, the daughters of Tselofhad that, although the halakhah that women would relatives who inherit a man who dies without never changed the halakhah in any way; they not inherit a portion in the land of Israel had sons. were merely the conduits through which the a already been established, it was inconceivable Volume V, Issue 1 www.kolhamevaser.com 7 Kol Hamevaser to them – knowing that God is merciful and authorities of a previous era or simply hold compassionate to all – that this would be the to Halakhah as it has been practiced for a long ruling that the Jewish people would have period of time. Women’s Zimmun: It’s Just Not to abide by for all ages. When God said to Sometimes we forget that the halakhic system Moses that “the daughters of Tselofhad speak is not principally a conservative enterprise. The correctly,” He was in effect acquiescing to goal of the halakhic process is not to ensure that Radical the claim of the daughters of Tselofhad. God that “the more the world changes, the more had agreed to amend the established halakhah we do not.” If that is the goal, Halakhah has BY: Gabrielle Hiller because of their argument. failed quite miserably. There can be no doubt It is a classic picture: A family joined together each group can only do so separately. Without discussing the thorny theological in the mind of anyone with even a cursory for their Shabbat meal, enjoying delicious food, From this Beraita, it is unclear whether it problems that arise from Sifrei in terms of knowledge of the history and development speaking divrei Torah, and singing zemirot is a hiyyuv (obligation) or a reshut (optional dealing with God “changing His mind,” we can of Halakhah that Jewish Law, as it is practiced (songs). Finally, the meal concludes with act) for women to form a zimmun. Tosafot to learn a number of important ideas from Sifrei’s today, is significantly different from the way zimmun (the invitation to bless) and birkat ha- Berakhot 45b explain that we derive that it is reading of this narrative. The most striking it was practiced in biblical or even Talmudic mazon (blessing after the meal). Many of you a reshut from the end of the Beraita- just as thing, of course, is that God’s acquiescence to times. Yes, the halakhic system depends on might have similar experiences every week. the end states “if they want…,” so too is the the daughters of Tselofhad demonstrates that, the fact that we treat the Bible, Talmud, and The only difference in my family, made up of beginning an optional case. On the contrary, although the Halakhah does represent God’s (to a lesser extent) rulings of earlier halakhic five females and one male, is that the zimmun however, one can learn like the Rosh5 that from will, this in no way means that there are no decision-makers as canonical, but this should is comprised not of three men, but of three the fact that the Beraita did not write “if they alternative possibilities that God would find not prevent us from deciding which opinion women. Ever since my eldest sister taught my want” in the beginning, we see that, unlike the acceptable in lieu of the original conception of or interpretation to follow based on a strong family and me what she learned in her high end, the statement in the beginning reflects an the Halakhah. It is also apparent from Sifrei’s understanding of fundamental Torah ideals, school Halakhah class about women’s zimmun, obligation. reading that Judaism is not merely a religion of even if this means modifying Halakhah as it is my mother and sisters have made a zimmun rules “set in stone,” as it were. Rather, Halakhah currently practiced. whenever we eat together. can sometimes defer to overarching Torah Of course, in order for there to be any When I entered high school a few years values, even to the point where a halakhah can semblance of order in the halakhic process, later and learned the sources for the halakhot be altered out of deference to Torah-based halakhic change cannot be made on an ad of women’s zimmun myself, I discovered beliefs and values. Finally, we see from Sifrei’s hoc basis by any individual who feels that an that the practice is even less prevalent than I reading of the story that even the common existent halakhah runs contrary to Torah values, had imagined. Many girls in my class were people, not just the halakhic leaders, have as this would inevitably result in religious uncomfortable with the idea, and I have found the ability to make a meaningful contribution and societal chaos. However, if we follow that feeling to be widespread. More often than to the halakhic process, even to the extent of the example of the daughters of Tselofhad, it not, people are simply unaware of the halakhic changing the accepted halakhah. cannot be considered sacrilegious or improper sources of this practice. There are those, When applying these ideas to the modern for the religious masses to respectfully petition however, who are against or uncomfortable halakhic process, however, we must recognize rabbinic authority to consider changing with women’s zimmun even after learning the that the modern context is not necessarily the accepted Halakhah within the broader sources. I will therefore first discuss the sources analogous to the biblical one. There are two parameters of the rabbinic tradition so that for women’s zimmun, and then I will attempt to The third main source, however, appears reasons for this: 1) The incident of the daughters it more strongly accord with the beliefs and understand the objections to this practice. to put an end to the confusion. In Arakhin of Tselofhad took place in a time prior to the values which form the core of Judaism. Contrary to popular belief, the practice of 3a, the Gemara states, “‘Ha-kol hayyavin le- canonization of Halakhah in the written Torah. Although it is ultimately up to the recognized women’s zimmun is well-rooted in Halakhah, zammen’ – le’atuyei mai? Le’atuyei nashim - ‘All 2) The daughters of Tselofhad made their halakhic authorities to make the final decision stemming back to the time of the Mishnah. As are obligated in zimmun’, what [does the word petition during a period of prophecy. In other on halakhic matters, sometimes it is the duty of we will see, there are absolutely no authorities ‘all’ come] to include? To include women.”6 words, it can be argued that the daughters of the religious masses to ensure that Halakhah is that say it is forbidden for women to form a For the first time, the Gemara explicitly uses Tselofhad had the ability to change an existent established in a reasonable fashion that accords zimmun. The only disagreement that stands the language of hiyyuv in relation to women’s halakhah only because: 1) The Torah was not in with not just the texts of our tradition, but with is with regards to whether it is obligatory or zimmun. its final form yet, and it was therefore subject to our values as well. merely optional for women to form a zimmun. These three sources - the Mishnah, Beraita, change, and/or 2) The daughters of Tselofhad The basis for this discussion is found in three and Gemara - are not easily reconciled. Tosafot, had a method of speaking to God (through Toviah Moldwin is a junior at YC majoring in Tanna’itic and Amoraic sources: A Mishnah Shulhan Arukh, and Rosh present three distinct Moses) to see if their request was approved. Computer Science. from Berakhot 45a, a Beraita quoted shortly approaches on how to understand these In the modern context, where both the Written thereafter in 45b, and a Gemara in Arakhin 3a. sources. and Oral Torah (by means of the Talmud) 1 For an interesting perspective on some The first source, the Mishnah, discusses the Tosafot understand the Mishnah simply: have attained canonical status, it would be of these issue, see: Rabbi Aryeh Klapper, basic concepts of zimmun. It begins, “Sheloshah Women cannot be counted in a men’s zimmun. impossible for us, as rabbinic Jews, to overturn “Chukim, Mishpatim, and Womanhood” on she-akhalu ke-ahat hayyavin lezammen - three who Tosafot explain that because women cannot say Halakhah to anywhere near the extent that was the Text & Texture blog. ate together are required to join in zimmun.”2 the line in birkat ha-mazon of “al beritekha she- done by the daughters of Tselofhad. 2 Translation is my own. The Mishnah then continues to limit its hatamtah bi-vessareinu,” they cannot be in the Does this mean, however, that in a post- 3 Numbers 27:1-11. statement and discuss who may and who may same grouping as men.7 Additionally, Tosafot biblical, post-prophetic era it would be 4 Bava Batra 119a. not join the quorum of three. The last example add that women cannot even respond to a impossible for the strict Halakhah to be mediated 5 Bava Batra, Ibid. is, “nashim ve-avadim u-ketanim ein mezammenin men’s zimmun if they do not understand the by other Torah-based values? To some degree, 6 Numbers 27:2. alaihen - women, slaves, or minors, we do not Hebrew.8 it does. As rabbinic Jews, we view ourselves as 7 Numbers 27:4. join in zimmun on account of them.”3 Although The Mishnah is simple for Tosafot to bound by an ever-expanding canon of halakhic 8 Sifrei Bamidbar, Piska 133. this Mishnah seems to imply that women are understand. The Beraita, however, proves literature. To step outside the canon would 9 “Compassion” here probably does not excluded from the mitsvah of zimmun, in reality, challenging. Tosafot write that the Beraita be a breach of everything that the rabbinic refer to emotional compassion, but rather to it only says that women cannot join men. It implies that women can form a zimmun, and tradition stands for. Nevertheless, even within the tendency of patriarchal societies to place remains unclear if three women can form a yet, the general practice is for women not to the canon of the halakhic tradition, there is a the needs of men above those of women. zimmun of their own. do so. Tosafot solve this apparent contradiction still a sufficiently wide array of opinions and 10 Lit. “flesh and blood.” The second source, the Beraita, begins to between the written halakhah and the popular room for interpretation to allow for the creation 11 Psalms 145:10. clarify the confusion that emerges from the practice by concluding that the mitsvah to form of a more value-centric halakhic system. Mishnah. The Beraita clearly states, “Nashim a zimmun is optional, rather than obligatory.9 By utilizing sources within our tradition mezammenot le-atzman – women join in zimmun Although Tosafot provide a satisfactory in tandem with the values that form the by themselves.”4 Although, as we learned explanation of the Beraita, their conclusion is fundamental backbones of the Torah, such as in the Mishnah, women cannot join men in difficult to reconcile with the Gemara, which justice, truth, and compassion for all of God’s a zimmun, three women can form their own clearly uses the word “hayyavin ­– obligated.” creations (which, according to our midrash in zimmun. The end of the Beraita clarifies that Tosafot are therefore forced to conclude that Sifrei, includes a notion of gender equality), we although women, slaves, and minors were when the Gemara uses the language of hiyyuv, can create a more idyllic halakhic system than grouped together earlier, they cannot, even if it really means reshut (permissible). if we were merely to “count heads” of halakhic they want to, join together to form a zimmun; Shulhan Arukh10 is similar to Tosafot in many www.kolhamevaser.com Volume V, Issue 1 8 Leadership ways. Just like Tosafot, Shulhan Arukh explains established practice. because in my high school Halakhah class we so too three or more women have no obligation the Mishnah to mean that women cannot be But is the lack of women’s zimmun an opened up a Gemara and a Shulhan Arukh and of zimmun. counted with a men’s zimmun.11 Similarly, established practice? Rabbis Aryeh and other sources and found that there are Tanna’im, 10 Shulhan Arukh, Orakh Hayyim 199:6-7. Shulhan Arukh rules, based on the Beraita, that Dov Frimer, in an article on women’s prayer Amora’im, Rishonim, and Aharonim who support 11 Mishnah Berurah to Shulhan Arukh 199:12 it is a reshut for three or more women to form services,19 quote Rabbi Eliezer Berkovits and and encourage women’s zimmun. Should I be explains differently than Tosafot why women a zimmun. He adds a limitation, however: Justice Menahem Elon in their discussion on stopped, too? Should I have to relinquish this cannot join men to form a zimmun. Rabbi Women are not allowed to use shem Hashem in whether the absence of a practice constitutes opportunity to personally glorify Hashem’s Yisrael Meir Kagan explains that because their zimmun.12 a valid minhag avoteinu that must be followed name just because there is a danger that others women are not benei hiyyuva (subject to The Shulhan Arukh’s interpretation of the by future generations. There is a mahaloket are doing so for the wrong purpose? How obligation) like men, and because “ein hevratan Gemara, however, serves as the key difference Aharonim regarding a situation when a much do halakhah-abiding Jewish women have na’eh – their association is not appropriate,” between the pesak halakhah found there and community consistently refrains from doing to give up in order to put a stop to the so-called it would be improper for women and men to Tosafot’s pesak. While Tosafot were forced to a certain action, even though the action is “dangers” of the feminist movement? form one group. conclude that “hayyavin” should be explained technically halakhically permissible. Does this In regard to innovations of the feminist 12 Mishnah Berurah to Shulhan Arukh 199:15 as reshut, the Shulhan Arukh instead applies the passive behavior constitute a communally movement, many claim that even if something explains that the use of Hashem’s name in hiyyuv to something else. According to Shulhan binding prohibitive minhag (lo ra’inu re’ayah ba- is technically permitted according to Halakhah, zimmun is a davar she-be-kedushah (form of Arukh, women are obligated to respond minhag) or not (lo rai’nu eino re’ayah)20? Rabbi it should be forbidden in order to prevent a sanctification), and can therefore only be used to a men’s zimmun.13, 14 Rema,15 explicitly Berkovits and Justice Elon claim that even slippery slope in which women will begin when there are at least ten free men present. disagreeing with Tosafot, adds that this hiyyuv according to the opinion that would answer in to do things that have absolutely no basis in 13 At first glance, this statement is puzzling. applies even if the women do not understand the affirmative, this mahaloket should not apply Halakhah. But there is a danger in applying If women cannot join men to form a zimmun Hebrew. to women’s prayer services because, although it the slippery slope argument too often. It is because “ein hevratan na’eh,” why is it any more Rosh,16 though he provides the most was not something done in the past, it was also more appropriate to apply this principle to appropriate for women to answer to a men’s straightforward explanation, is radical not a practice that the community expressly practices such as women’s prayer groups and zimmun? Mishnah Berurah anticipates this compared to Tosafot and Shulhan Arukh. Just prohibited. The absence was not deliberate; other similar examples, which are controversial difficulty and explains that because the three or like Tosafot and Shulhan Arukh, Rosh explains rather, they explain, there was no social need because their halakhic basis is not entirely clear. more men are not dependent on the women to the Mishnah to mean that women cannot join for women’s prayer services. The practice of women’s zimmun, however, form a zimmun, the women joining to be yotzeh with men to form a zimmun. However, unlike This same argument easily extends to is explicitly supported even by Tanna’im. If (fulfill) their hiyyuv by listening is not a genai Tosafot and Shulhan Arukh, Rosh holds that both women’s zimmun as well. According to Mishnah the slippery slope argument is applied even (degradation) in the same way. the Beraita and Gemara teach that women Berurah,21 the reason why the Hakhamim did to such a well-rooted idea, how many more 14 It is a common question whether the are actually obligated to form a zimmun. He not make zimmun mandatory for women perfectly halakhic practices will it be applied opposite applies as well: should men respond maintains that it would be incomprehensible was because women were not educated and to in the future? If we prevent women from to a women’s zimmun? Rabbi David Auerbach for women who are hayyavot in birkat ha- did not know how to recite birkat ha-mazon. doing things that are halakhically permissible (Halikhot Beitah 90:7) rules, “vadai rashai ha- mazon, whether it is a de-oraita or de-rabbanan The Hakhamim could not obligate women in (and perhaps lauded) for them, we will only ish la’anot ahareihen – it is certainly permitted obligation,17 to not also be hayyavot in zimmun. something that they would be unable to do. In create more women who are frustrated within for a man to answer after them” (author’s The Gra says that the position of Rosh is the other words, there was no outright objection to the the halakhic framework. If, according to translation). Rabbi Yehuda Henkin in his most logical one, but that the practice of the women’s zimmun in past generations. It was Mishnah Berurah, it is true that the only reason Responsa on Comtemporary Jewish Women’s Issues why women’s zimmun has not been common (Jersey City, NJ : Ktav Publishing House, 2003), practice is because women were uneducated, 38, agrees with R. Auerbach and even says The practice of women’s zimmun, then anyone nowadays who supports women’s that there are no grounds to forbid men from education to any extent – even just a knowledge answering to a women’s zimmun. Nonetheless, however, is explicitly supported even of the Hebrew language that would allow them Rabbi Henkin adds that although men are to fulfill the mitsvah of birkat ha-mazon – should permitted to, they are not required to respond by Tanna’im. If the slippery slope support women’s zimmun as well. Women’s to a women’s zimmun. zimmun is a practice that, whether you follow 15 Rema to Shulhan Arukh, Orakh Hayyim argument is applied even to such a Tosafot, Shulhan Arukh, or Rosh, is perfectly 199:7. valid according to Halakhah and provides 16 Rosh to Berakhot 7:4. well-rooted idea, how many more women with another legitimate and beautiful 17 Berakhot 20a discusses the level of way to praise the name of Hashem. obligation of women in birkat ha-mazon and it perfectly halakhic practices will it be is left unclear if a women’s hiyyuv is de-oraita Gabrielle Hiller is a junior at SCW majoring in or de-rabanan. applied to in the future? Jewish Education, and is an associate editor for Kol 18 Bi’ur Halakhah 199, Bi’ur Ha-Gra, Orakh Hamevaser. Hayyim 199:7. community is not to rule like him.18 simply an impossibility. Consequently, just 19 Rabbi Aryeh A. Frimer and Rabbi Dov I. Although Tosafot, Shulhan Arukh, and Rosh as in regard to women’s prayer services, the 1 I would like to sincerely thank Rabbi Saul Frimer, “Women’s Prayer Services- Theory and all explain and interpret the Mishnah, Beraita, mahaloket about negative minhagim does not Berman and Mrs. Shayna Goldberg, without Practice,” Tradition 32:2 (Winter 1998): 5-118. and Gemara differently, one important factor apply here and there should be no reason why whom I would have been unable to write this Available at: http://www.daat.ac.il/daat/ common to all of them is that no one legislates educated Jewish women should be prevented article. english/tfila/frimmer1.htm. that it is forbidden for women to form a zimmun. from forming a women’s zimmun based on the 2 Berakhot 45a (Artscroll’s translation). 20 These phrases personify the argument. The only mahaloket is whether women’s zimmun reason of minhag avoteinu. 3 Ibid. “Lo rai’nu eino re’ayah” means that not having is a reshut or a hiyyuv. Even without the issue of minhag avoteinu, 4 Berakhot 45b (Artscroll’s translation). seen a practice is not proof that a practice With this clear basis in Halakhah for there are those who still object to women 5 Rosh to Berakhot 7:4. may not be done. “Ra’inu re’ayah ba-minhag,” women’s zimmun, it is perplexing why there are forming a zimmun because they claim that 6 Artscroll’s translation. however, claims the opposite: The fact that a opponents to women’s zimmun. Indeed, any many women perform this practice in order 7 Tosafot to Arakhin 3a, s.v. mezammenot le- practice was not done should be considered a opponents that I found were unable to deny to further the feminist agenda. Due to this atzman. prohibitive minhag that must be followed by that women’s zimmun is technically permitted. lack of pure intentions, they say, women’s 8 Tosafot to Berakhot 45b, s.v. she’ani hatam de- future generations. Instead, their main arguments relate to minhag zimmun should not be encouraged. In the ikah de’ot. 21 Mishnah Berurah to Shulhan Arukh, Orakh avoteinu (our parents’ practices) and the words of Rabbi David Cohen, “What was once 9 Ibid. Tosafot continue to explain that there Chaim 199:16. dangers of feminism. considered commendable becomes improper is some support in the actual Beraita that 22 Rabbi David Cohen, “Legal-ease,” Jewish At first glance, the issue of minhag avoteinu when it is done to further an agenda which, to women’s zimmun is only optional. Firstly, the Action, Winter 1999, available at: http://www. appears to be a convincing objection. Why my mind, negates those forces of halachah and language of “im ratzu – if they want” found at ou.org/publications/ja/5760winter/letters. should our generation do something that our mesorah which have sustained us.”22 the end of the Beraita allows us to infer that we pdf. grandparent’s generation did not do? They These objections to women’s zimmun upset can read the beginning as “women can form chose to follow the shittot that say women’s me. Perhaps there truly are women who have their own zimmun if they want.” Additionally, zimmun is optional and we, in respect to construed women’s zimmun into something the surrounding Gemara compares a zimmun of the minhagim of the generations before us, that it is not, but I participate in a women’s three women to a zimmun of two men. Just as should follow their lead and not change their zimmun whenever the opportunity arises two men have no obligation to form a zimmun, Volume V, Issue 1 www.kolhamevaser.com 9 Kol Hamevaser Israel, Judaism, and the Treatment of Minorities BY: Rabbi Yosef Blau Israel’s Declaration of Independence1 states massacre Palestinian civilians in the refugee of Israel, his book remains popular in religious article will use Declaration of Independence, that “by virtue of our natural and historic camps of Sabra and Shatila. The Israeli Zionist circles. which is both the most common and the closest right and on the strength of the resolution of cabinet was divided on whether to conduct In the Kuzari, the king of the Khazars to the original Hebrew, Megillat ha-Atzma’ut. the United Nations General Assembly (we) an independent inquiry. Mafdal, the religious searches for a way of life for his people. He 2 Israel Ministry of Foreign Affairs, The hereby declare the establishment of a Jewish Zionist party, was also split until Rabbi Joseph consults representatives of Christianity, Islam, Declaration of the Establishment of the State of state in Eretz Israel, to be known as the state of B. Soloveitchik, the leading religious Zionist Judaism, and philosophy, becomes convinced Israel: May 14, 1948 (English text), available at: ISRAEL.”2 The Declaration promises that the halakhic authority, broke from his pattern of not of the superiority of Judaism, and leads his www.mfa.gov.il. new state will be open to the immigration of publicly commenting from the United States people to convert to Judaism. 3 Ibid. Jews and will uphold the full social and political on Israeli religious questions and demanded The Jewish scholar has a powerful argument 4 Available on the Knesset website, at: equality of all its citizens, without distinction of that Mafdal support the inquiry. When Rabbi against the representatives of Christianity http://www.knesset.gov.il/laws/special/ race, creed, or sex. It includes an appeal to the Yehuda Amital in Israel took the same position, and Islam regarding their descriptions of eng/basic3_eng.htm. The fourteen “Basic Arab inhabitants to return to the ways of peace it aroused a great deal of criticism. This was their religions. He points out a contradiction Laws” (Hukey ha-Yesod) of Israel, passed by the and to play their part in building the state, “on indicative of a shift in perspective with concern between doctrine and actual behavior: They Knesset between 1958 and 2001, are the basis the basis of full and equal citizenship.”3 for the welfare of non-Jews, seen by many talk about religions of love and justice but, of Israel’s immutable constitutional law, and The duality of being both a Jewish and religious Zionist rabbis as less important than in reality, whenever Christians or Muslims are intended to serve as draft chapters for the democratic state is a basic part of the Declaration. preserving the moral image of the Israeli captured a country, they mistreated its eventual composition of a full constitutional Signers of the document ranged across the military. inhabitants and killed their opponents. There document. political spectrum, including Orthodox rabbis In recent years, attitudes toward treatment is an implied contrast with Judaism. Yet, the 5 Rabbi Isaac Herzog, “Te’hukah le-Yisra’el al representing both the Agudah and the Mizrachi of the non-Jewish (Arab) minority in Israel in king questions the Jewish scholar: How do you pi ha-Torah,” chapter 2, pp. 12-22. parties. The 1992 Israeli Basic Law4 on “Human religious Zionist circles have diverged from know that Jews will act differently? You are not 6 See for instance, Kobi Nahshoni, “50 Dignity and Liberty” includes an amendment the positions of Rabbis Herzog, Soloveitchik, in control of any country and your behavior municipal rabbis: Don’t rent flats to Arabs,” that founds human rights on the sanctity of and Amital. Some leading rabbis now oppose when in charge has not been tested.9 Ynetnews, July 12, 2010, Jewish World section, human life and the spirit of the principles set renting apartments to Arabs;6 a few have In 1948 this changed. The Jews now have available at: www.ynetnews.com. forth in the Declaration of Independence. endorsed books that differentiate between a country, Israel, which has a significant non- 7 On the topic of Rabbi Yitzchak Ginsburg’s Rabbi Isaac Herzog, the State’s first Jewish and non-Jewish lives.7 Some consider Jewish minority. The king’s question is no Torat Ha-Melekh, see Daniel Estrin, “Rabbinic Ashkenazic chief rabbi, wrote extensively on the transfer of Arabs from the Jewish state a longer theoretical. What is Israel’s response? Text or Call to Terror?,” The Jewish Daily Israeli law’s foundation in traditional Jewish legitimate proposal.8 What is Judaism’s response? Forward, January 29, 2010, available at: www. law. He provides the facts that Israel was created Remarkably, the idea that the treatment forward.com. on the strength of a United Nations resolution of a non-Jewish minority in a Jewish country Rabbi Yosef Blau is the Senior Mashgiach 8 See, for instance, Richard Silverstein, and is committed to being a democratic state is a test of Judaism appears in a medieval Ruchani of the Rabbi Isaac Elchanan Theological “Israeli Rabbis Favor Right of Return…to as the bases for giving full rights to non-Jewish Jewish work, the Kuzari. This book, written Seminary. Saudi Arabia,” Eurasia Review, April 27, 2011, minorities. He analyzes halakhic perspectives by the famed Jewish poet and thinker Rabbi available at: www.eurasiareview.com on Islam and Christianity, and concludes that Yehuda Halevi, has been a major influence on 1 Various different English titles are used to 9 Kuzari (tirgum Yehuda Even Shmuel), 1:114. both religions are to be given full religious prominent religious Zionist thinkers such as the refer to this document, including Declaration freedom in the state.5 Rabbis Kook, father and son. In this work, the of Independence (most sources), Proclamation During the First Lebanon war, controversy Jewish People is seen as being a higher order of Independence (Knesset website), and arose over possible Israeli negligence in of humanity. Because Rabbi Halevi’s life and Declaration of the Establishment of the State of allowing its Lebanese Christian allies to writings reflect a profound love for the land Israel (Ministry of Foreign Affairs website). This Rav Lakhen Benot Yisrael: Humility and Rabba-nut1 BY: Ariel Caplan

The major problem—one of the the practices of our community and transform made women less capable of performing scholars) which is a basic requirement for major problems, for there are the power structure of American Orthodoxy. rabbinic duties than men. 2) If women are just issuing halakhic rulings. several—one of the many major While a comparison does not prove a point, it as capable, it would be unfair to withhold the Even for the few women who may be problems with governing people often generates much food for thought. privilege of rabbinic ordination from women. personally qualified in the senses mentioned is that of whom you get to do it; The most salient issue which has been 3) Our sense of fairness therefore mandates above, it is difficult to assert that education or rather of who manages to get a focus of the recent power struggle is the that women should be ordained as rabbis. and academic achievement alone are sufficient people to let them do it to them. To ordination of female rabbis. I am not, of This argument is painfully easy to knock to justify ordination. A parallel demonstration summarize: it is a well-known fact course, simply writing to add my two cents down. It is very difficult to argue for the is the fact that there are non-Jews in the world that those people who must want to to the debate; enough has been said about it, existence at present of a substantial cadre of who are far more Jewishly educated than most rule people are, ipso facto, those more than enough fingers have been pointed, women who are able to learn at nearly the musmakhim and who could even put many least suited to do it. To summarize and my halakhic and hashkafic knowledge is same level as the individuals who receive well-established rabbis to shame.4 However, the summary: anyone who is far from sufficient for me to comment usefully semikhah, whatever our reference institution being Jewish is certainly a prerequisite for capable of getting themselves made on the proposition. I do think, however, that for standards of semikhah may be: RIETS, Ner semikhah. Similarly, women’s exclusion in President should on no account be the tone of the debate makes it obvious, even Israel, Lakewood, or even the Israeli Rabbinate. various respects from talmud Torah5 and allowed to do the job.2 to someone like me, that a highly problematic Certainly, as I have been privileged to witness communal life (in both temporal and spiritual As I consider issues of leadership, my mind view of the rabbinate has infected the minds myself, very learned women do exist, but they spheres)6 may hint at an unbridgeable gap inevitably wanders to parashat Korah, which and hearts of kelal Yisrael. are relatively rare. Additionally, even learned between women and the rabbinate, the latter of addresses questions of power and challenges This conclusion is reached rather simply. women have not often experienced the same which is founded upon being steeped in Torah thereto. I cannot help but relate Korah’s The most common argument I have seen put intensity of years of rigorous yeshivah study, of study and commands significant authority in challenge against the leadership of Moshe forth in favor of ordaining women runs as “ve-hagita bo yomam va-laylah,”3 and it would the community. and Aharon to the more recent attempts of follows: 1) Women are, in the modern age, able be difficult to assert that more than a handful None of these points necessarily indicate that leaders within our community, spearheaded to learn at the same level as men, removing the of women have the requisite shimmush talmidei women cannot serve as rabbis, but together by individuals or groups, to unilaterally alter barrier which has to this point automatically hakhamim (personal experience with Torah they indicate that the argument presented www.kolhamevaser.com Volume V, Issue 1 10 Leadership above leaves open much room for debate. perhaps because they symbolized challenges be advanced; it begins with another source Despite being the greatest man who ever All this said, the issue which most upsets to God’s authority – but the initial instinct is regarding humility and Torah knowledge: lived, Moshe Rabbenu was (to quote Rashi’s me is not anything previously stated. I can nonetheless significant.) Moshe’s humility R. El’azar said: “What is the explanation of Moshe’s humility) “shafel ve- 26 live with people who disagree with me, is seen by Midrash Tanna’im as archetypal meaning of the verse, ‘His cheeks savlan - lowly and patient,” constantly placing 19 whether their opinions are based on ignorance behavior for future leaders: “Just as Moshe are like a bed of spices?’ If a the people’s needs above his own. It is, then, a or a different assessment of either reality or Rabbenu was humble… so must every judge person makes himself like this bed sorry situation indeed when a debate over the 13 halakhic texts (although the latter is clearly be humble.” which everyone tramples, and like nature of the rabbinic establishment morphs quite preferable). However, I cannot remain Aharon’s personality is less obvious from this spice with which everyone into a vicious power struggle, rather than an silent in the face of a society which is insensitive the pesukim themselves. However, several perfumes themselves, his Torah honest assessment of the needs of the Jewish to Torah values, particularly regarding the midrashim record a striking incident that learning will survive, and if not, his people. Some battles are worth fighting, and 20 issue of the rabbinate, which serves not only demonstrates Aharon’s reservations about Torah learning will not survive.” certain mahalokot (arguments) are indeed le- as a body of communal leadership but as the leadership: “When Moshe poured the anointing Interpreting this piece, Rashi explains that shem shamayim (for the sake of Heaven). Still, bearer of the masorah, which in turn directs our oil on [Aharon’s] head, Aharon shook and the traits encouraged here are 1) avoiding especially in the context of mahaloket, it is understanding of God’s will. was terrified. He said to Moshe, ‘My brother, haughtiness and 2) teaching Torah to students. worthwhile for all of us to recall the ideal To make things clearer, I will note that there perhaps I was not worthy to be anointed with Interestingly, the derash of Rabbi El’azar seems portrait of a rabbi and the values that should are two categories of leadership in kelal Yisrael: the sacred oil, and I misappropriated it, and I to link the two, perhaps indicating that the light the way for these critical Jewish figures, 14 temporal leadership and spiritual leadership. became deserving of excision!’” The Midrash former is a prerequisite for the latter. There and to reconsider how we debate the future of The modern rabbinate likely represents a adds that this story was related to Korah and is an intuitive logic to the connection; an the rabbinate. chimera uniting the two types: A rabbi is his followers to make it clear that their claim arrogant teacher will place his own comfort “Rav Lakhen Benot Yisrael - There is much 27 expected to guide the community in many was against God, Who had appointed Aharon, above the needs of students. Apparently, [opportunity] for you, O daughters of Israel.” practical matters as well as offer spiritual and not against Aharon himself, who had not rabbinic leadership goes far beyond personal The debate about women’s roles in today’s instruction and inspiration. It is in the spiritual desired the position granted to him. scholarship, requiring sensitivity and a Orthodox community is an important one, sphere that my objection truly lies; I argue Hazal are emphatic in stressing the virtue willingness to surrender oneself to the needs of and the question deserves serious and careful strongly against the assumption underlying of humility, particularly in the context of the public. In the words of Tosafot explaining analysis. But it should be answered based on the point 2 of the above position, the claim that it acquisition and retention of Torah knowledge. a similar Gemara in Nedarim, “He should teach dictates of Halakhah, the established masorah, 21 is unfair to withhold the privilege of entering For example, consider this passage from Torah to everyone,” whatever their intellect or and the needs of the general populace, rather stature. than either patriarchal bias or the desire to Even God Himself is described as humble in advance a feminist agenda. Despite the common I cannot remain silent in the face of a fascinating passage recited by many before claim to the contrary, women are actually the aleinu prayer every motsa’ei shabbat: granted a vast array of spiritual opportunities a society which is insensitive to Torah R. Yohanan said: “In every place within the framework of Halakhah, and where you find the might of God, adding to or detracting from what Halakhah values, particularly regarding the issue you find His humility. This matter dictates are both dangerous. Yet in this murky is written in the Torah, repeated set of issues, one thing is clear: we will not of the rabbinate. in the Nevi’im, and tripled in the serve the Jewish people by concentrating solely Ketuvim. It is written in the Torah: on the rights of potential rabbis, whose lives the rabbinate from anyone who is capable of Masekhet Ta’anit: ‘For Hashem your God is the God are supposed to be dedicated to the people, performing rabbinical functions. My distaste Rabbi Hannina bar Idi said: “Why of powers and Master of masters,’ not the other way around. Instead, we should arises from the notion that entrance into the were words of Torah compared to and it is written after it, ‘He reframe the issue based on the following three rabbinate is a privilege, even a right, which water…? To tell you: just as water carries out the justice of orphan questions: 1) Does the Jewish community 22 may be fought for and won. On the contrary, leaves a high place and moves to a and widow.’ It is repeated in have a significant and demonstrable need it is clear to me that among the most essential low place, so too, words of Torah the Nevi’im: ‘So said the high and for female rabbinic leadership? 2) Would the elements of spiritual leadership is humility, are only sustained within one exalted [One Who] lives forever inclusion of women in the rabbinate contradict perhaps to the point of not wanting one’s whose attitude is lowly.” and is holy, etc.’ and it is written the dictates and/or values of the system they position at all. And Rabbi Oshaya said: “Why after it, ‘And [I dwell] with the would hope to represent? 3) Would the benefit 23 Let us consider two major spiritual leaders were words of Torah compared crushed and low of spirit.’ It of this innovation outweigh the resistance of mentioned in the Torah: Moshe and Aharon. to these three liquids: water, wine is tripled in the Ketuvim, as it is the halakhic system to fundamental alterations Moshe is described as “anav me’od, mi-kol ha- and milk…? To teach you: just written, ‘Extol Him Who rides to spiritual practices? Only through properly adam asher al penei ha-adamah - exceedingly as these three liquids are only upon the heavens,’ and it is written focused debate will useful conclusions ever be humble, more than any man on the face of the sustained in the lowliest of vessels after it, ‘The father of orphans and reached. 24 25 earth.”7 Indeed, Moshe, the conduit of Torah [i.e., earthenware], so too, words the judge of widows.’ ” This essay ought to have ended already; who is the first link in the chain of masorah,8 of Torah are only sustained within A careful reading immediately reveals that indeed, in its earlier forms, this sentence and 15 the man described by Rambam9 as the most one whose attitude is lowly.” R. Yohanan’s proof texts do not all really fit the those following it did not exist. However, I perfect person ever to walk the earth, did not Two other passages indicate that pride bill. While dwelling “with the crushed and low would like to tack on two notes which I think want to be Moshe Rabbenu. The pesukim in and Torah knowledge are incompatible: “R. of spirit” is an act of modesty, ensuring that are worthy of further consideration, lest the parashat Shemot10 describe Moshe’s initial strong Yehudah said in the name of Rav: ‘Anyone who widows and orphans receive their due seems reader decide to ignore the regrettably oft- objections to the idea of being made a leader of becomes vain: if he is a scholar, his wisdom to be irrelevant to humility. Perhaps, however, neglected endnotes section. First, I have 16 the people. Moshe begged of God, “shelah na eludes him.’” Again, “Rabbi Yohanan said: this is the point: humility is synonymous not focused on feminist considerations rather be-yad tishlah - Send whomever (else) You will ‘“[Torah] is not in the Heavens” (Devarim 30:12) with self-abnegation but with selflessness. It is than misogynistic attitudes because I only see send!” Al derekh ha-peshat (in accordance with – it will not be found among the lofty of spirit the ability to look beyond one’s own admirable the former as related to the humility issue, 17 the plain reading of the text), Moshe wanted [i.e., arrogant].’” qualities and focus on the needs of others. which was what inspired me to write this the redeemer to be anyone but himself; he Based on these and other sources, Maharal This, it seems, is the reason humility is piece. Beyond this, I am willing to trust that wished for neither the glory of Israel’s savior- writes unequivocally, “It is impossible to required for Torah leadership. Only a person rabid sexism is not a serious problem amongst king nor the prestige of an ambassador to the acquire Torah [knowledge] except [if one who is humble in this sense – who would enter most of the Kol Hamevaser readership; as far 18 Pharaoh.11 Al derekh ha-derash, Moshe felt that is] a master of this trait [of humility].” His a leadership position for the sake of those who as I can tell (though I may be mistaken), YU his brother Aharon would be a better candidate rationale is that Torah is an intellectual entity, will be led, rather than for personal gain – is hardly encourages exclusion of women from and he therefore wanted Aharon to lead.12 and one must remove himself from physicality worthy of being granted the gift of knowledge religious or communal life. I will certainly (Certainly, Moshe later occasionally needed (which he connects to haughtiness) in order to of the divine Word. Only someone who is acknowledge, however, that in other contexts to speak out against challenges to his rule – acquire Torah. However, another explanation, humble in this way will utilize the intellectual and communities, negative attitudes towards more relevant to the current discussion, may gifts granted to him for the public good. women’s intellects and abilities will drive the Volume V, Issue 1 www.kolhamevaser.com 11 Kol Hamevaser conversation, which is certainly problematic, Yeshiva University Observer. The article, avail- which discourages women’s Torah education. 8 Avot 1:1. albeit in a different sense. able at http://www.yuobserver.com, asserts: Also see the formulation in Shulhan Arukh, Y.D. 9 Hilkhot Teshuvah 5:2, Peirush ha-Mishnayot The second note is that not all debaters “Stern College for Women is an institution 246:6, which also relates these two points. Sanhedrin 10:1. on the same side speak in one voice, and the that has demonstrated that women are more 6 This takes a more extreme form in Ram- 10 Shemot 3:11-4:13. Translation is the au- argument I have outlined and analyzed is not than capable of achieving the same heights in bam’s assertion (Mishneh Torah, Hilkhot Melakh- thor’s. representative of all those in favor of women’s learning as any man… However, one could im 1:5) that women are excluded from any 11 Ramban ad. loc. ordination. Some have, indeed, focused on the not have expected all of this learning to be for position of serarah, authority; this stance is, of 12 See Rashi ad. loc. questions I have laid out. However, it is often naught. Jewish women could not reasonably course, simply an extension of the more widely 13 Devarim 1:15. difficult to hear these voices above the clamor be expected to remain in the same position accepted law that a woman may not be appoint- 14 Bemidbar Rabbah 18:9; with author’s trans- that is the civil-rights argument for women’s they previously had in Judaism now that they ed as ruling monarch over the Jewish people lation. Also see the parallel midrash in Vayikra ordination. Unless there is an attitudinal shift, have attained all of this knowledge. A leader- (based on Sifrei 157:15). Even those who do not Rabbah 3:6, as well as the more extreme formu- I believe the more reasonable voices will be ship position within the framework of halakha accept Rambam’s position will readily admit lation in Sifra on Shemini 1:37, in which Aharon lost in the wave of demands not grounded in is the logical, and necessary, next step.” This that women are excluded from certain public is confident that he was not worthy. tradition. Then, either the pro-ordination side argument will be directly addressed and ana- roles in the synagogue, such as leading prayers 15 7b. Translation is the author’s. will be defeated by traditionalists, or a new lyzed. However, I should note here that I find and the majority of Torah reading. Outside the 16 Pesahim 66b. Translation is the author’s. split will develop within the modern Orthodox it distasteful that learning for its own sake is synagogue, they are also precluded from serv- 17 Eruvin 55a. Translation is the author’s. community. Neither should be a reason to described as “for naught.” ing as judges (Shulhan Arukh, H.M. 7:4) or wit- 18 Netivot Olam, Netiv Ha-Torah, Chapter 2. rejoice for someone who favors ordination of 2 Douglas Adams, The Ultimate Hitchhiker’s nesses (ibid. 35:14) in court. One might argue, 19 This refers to the agricultural phenom- women. Guide to the Galaxy (New York: Wings Books, however, that such exclusions do not necessar- enon, not the piece of furniture. 1996), 278. ily indicate fundamental assumptions about 20 Eruvin 54a. Translation is the author’s. Ariel Caplan is a senior in YC majoring in Biology 3 Yehoshua 1:8. Also see Menahot 99b. women’s roles in society. For instance, the ex- 21 55a, s.v. she-yehei. Translation is the au- and is an associate editor of Kol Hamevaser. 4 I have had the privilege of learning from clusions of participation in court may be relat- thor’s. one such individual who is currently employed ed more to the nature of court proceedings than 22 Devarim 10:17-18. 1 While responding to the broader conflict by Yeshiva College as a professor. To cite a to the ontological role of womankind. Yet, the 23 Yeshayahu 57:15. that emerged with the ordination of Sara Hur- characteristic line, “I could cook you a perfectly abundance of roles only available to men is dif- 24 Tehillim 68:5-6. witz and the opening of Yeshivat Maharat, this kosher meal. But you would never eat it!” ficult to ignore by ascribing the various cases 25 Megillah 31a. Translation is the author’s. article is most specifically meant to serve as a 5 See Rambam, Mishneh Torah, Hilkhot Tal- to small details rather than a broader picture of 26 Rashi to Bemidbar 12:3. Translation is the response to Ilana Hostyk’s piece “In Defense mud Torah 1:1, which establishes that women societal structure. author’s. of Rabba Hurwitz,” published last year in the are not obligated to learn Torah, and 1:13, 7 Bemidbar 12:3. 27 Cf. Bemidbar 16:7. Tirha de-Tsibbura and the Modern Synagogue BY: Toviah Moldwin For centuries, if not millennia, the synagogue, does not represent their personal feelings about even synagogues which clearly had a strong during “downtime” in which the congregants as the locus of Jewish communal prayer, has the issue, it is my unscientific observation that financial base, where the lighting is woefully are not praying but rather waiting for some served as the primary focal point of Jewish many of the practices to be mentioned in this inadequate, the temperature is unbearably hot part of the service to end, or listening silently communal and religious activity. Communal article are commonly perceived by congregants or cold, or where a large number of congregants while the prayer leader alone conducts some prayer brings together Jews of all different as being burdensome. Of course, it is the job is squeezed into a small side room for minhah part of the service. While some idleness ages, religious backgrounds, and professions to of every community leader to decide what the and ma’ariv despite the fact that the synagogue is unavoidable, there are many steps that unite with the common goal of fulfilling their needs of his or her community are, but it is my has a main sanctuary that seats hundreds of synagogues can take to minimize the amount religious duty to pray. Needless to say, because hope that this article can serve as a starting people only a few feet away. It is also necessary of time that the congregation spends standing communal prayer makes up such a large part point for discussions between community for a synagogue to be properly cleaned on a around idly. Not only will this diminish the of the religious experience of observant Jews, leaders and their congregants to address the regular basis; for people with allergies, it can amount of talking in the synagogue, but it will their experiences with communal prayer can issues of tirha de-tsibbura. be nothing short of torture to have to pray in also contribute to a more fluid prayer service. have a large impact on their attitude towards It must be mentioned that tirha de-tsibbura is a synagogue full of dust and mold. A little bit “Downtime” can occur at many junctures Judaism as a whole. As such, one would expect not merely a pragmatic consideration or a meta- of foresight and consideration for the comfort during the prayer service, but I will briefly that a concerted effort would be made on the halakhic concern; it is a real halakhic value of the congregation can easily diminish the mention the most common examples here. part of Jewish communal leadership to ensure which appears in numerous places in halakhic tirha de-tsibbura engendered by having an Firstly, it is very important that a certain that the synagogue experience is an overall responsa literature.2 Nevertheless, the majority uncomfortable physical environment. amount of planning goes into every prayer positive one. Unfortunately, however, this is of the issues I will be discussing in this article A second major source of tirha de-tsibbura to service. The people who are to lead services simply not the case. Contemporary synagogues do not come directly from halakhic responsa, be found in our synagogues comes from the and receive aliyyot should be appointed early in across the spectrum of Orthodox Judaism have as there simply is not enough literature on the congregants themselves. The most common the service. The sifrei Torah should be rolled to been inundated with numerous practices which subject to fully cover every aspect of tirha de- problem caused by congregants, of course, is their proper place before services to ensure that undoubtedly fall under the category referred tsibbura as it applies to the modern synagogue. the frequent disruption of prayer services that the congregation will not need to idly sit before to in classical rabbinic parlance as “tirha de- As such, this article will not focus on specific occurs when congregants converse during the Torah reading to wait for the ba’al keri’ah tsibbura,” or “burden upon the congregation.”1 halakhic responses to particular synagogue the synagogue. Unlike some of the other to find the correct location. The rabbis of the It is my intention in this article to make readers practices, but will rather take a common-sense violations of tirha de-tsibbura, this problem has congregation should confer with the gabba’im aware of the more prominent manifestations approach to indentify practices which clearly not gone unnoticed by synagogue leadership; prior to services to determine which custom to of tirha de-tsibbura in our synagogues and to fall under the category of tirha de-tsibbura. synagogue rabbis and gabba’im frequently follow in the event of a holiday or special event provide suggestions as to how congregations The first category of issues I will address does chastise their congregants about disruptions of in which there are divergent liturgical customs, should go about addressing this problem in not involve the prayer service per se, but rather this nature. Unfortunately, this problem seems so that these decisions do not have to take place order to make the experience of communal the physical environment of the synagogue. to be unavoidable; regardless of how many while the congregation is waiting. Planning prayer more pleasant to the modern synagogue Ideally, a synagogue should be well-lit, have times a rabbi may speak out against talking these things just a little while in advance can attendee. proper climate-control, and should hold during services, there will inevitably be people make the difference between a well-organized, I should note that I make my case not as a sufficient space and seats for all those who who will continue to utilize synagogue services pleasant prayer service and a cumbersome and halakhist or expert of any sort, but rather as a pray therein. Although all of these things as an opportunity to socialize with their friends frustrating synagogue experience. consumer of the synagogue service who has are subject to constraints due to the financial and acquaintances. Other manifestations of “downtime” observed, experienced, and engaged in many resources of the community, it often appears It should be noted, however, that the blame come from certain parts of the prayer service discussions about the practices spoken about as though the “comfort factor” is simply not for the excessive amounts of talking that occurs themselves. While I would not advocate in this article. Although there will undoubtedly considered by those who are charged with in contemporary synagogues does not rest any changes to the liturgy, there are certain be those (perhaps even entire communities) making administrative decisions about the solely with the congregants. The vast majority liturgical practices that have simply gone out who feel that this article, or large parts of it, synagogue. I have been in many synagogues, of talking that transpires during services occurs of control in our communities. Two particularly www.kolhamevaser.com Volume V, Issue 1 12 Leadership egregious examples of this are the mi she-berakh congregants and should therefore explicitly be that involves singing, the ba’al tefillah must be change in the scheduling of the rabbi’s sermon prayer that is recited for sick people and the denounced by the synagogue leadership. able to both carry a tune and choose a key in can improve the atmosphere of the synagogue mi she-berakh recited for a person receiving In addition to the tirha de-tsibbura that can be which the vast majority of the congregants can by leaps and bounds. an aliyyah to the Torah3. With reference to the caused by an unpleasant physical environment sing. A ba’al tefillah who receives disapproving There are undoubtedly many other former, there is absolutely no reason why and disruptive congregants, it is necessary reviews about his performance from a synagogue practices which fall under the anyone should feel the need to come up to to mention the tirha de-tsibbura that can be significant number of congregants should not category of tirha de-tsibbura; I have only the gabbai reciting the mi she-berakh to tell him engendered by the people who play an active be permitted to lead the services again at that listed the ones which I consider to be most to insert the name of a particular sick person; leadership role in the services, namely the ba’al synagogue until it can be ascertained that he significant. It goes without saying that many congregants can and should mention the tefillah, the ba’al keri’ah, and the synagogue has corrected his deficiencies. of the specific suggestions I have put forward name of the sick person from their seats as the rabbi. Similarly, if at all possible, a synagogue in this article are somewhat controversial. I do gabbai reaches the appropriate point in the mi When discussing the issue of ba’alei tefillah should only allow a ba’al keri’ah to read for not expect every synagogue to implement all she-berakh. Similarly, the mi she-berakh said for and tirha de-tsibbura, the first point that needs the congregation if his keri’at ha-torah abilities of the policies I have suggested, or even agree a person who receives an aliyyah should be to be made is that the synagogue service is are up to certain basic standards. While with them, but I think it is important that every shortened as much as possible; there is no need not a musical performance. The function of a there is no need for a ba’al keri’ah to have a community look at itself and ask, “what can for the oleh to enumerate his family members, ba’al tefillah is to act as a representative of the beautiful voice, it is important for the dignity we do to ensure that all our congregants have friends, rabbi, or favorite sports team—to do so community in the fulfillment of public prayer of the congregation that a ba’al keri’ah not be a meaningful and positive tefillah experience?” is remarkably inconsiderate to everyone else in as well as to discharge the obligation of those completely tone-deaf. More importantly, a Eliminating the many little annoyances that the congregation who is patiently waiting for who, due to mitigating circumstances, cannot ba’al keri’ah should have a basic knowledge of have crept into contemporary synagogue the service to continue, regardless of how large fulfill their individual obligation to pray. It Hebrew grammar as it pertains to the reading services can go a long way in improving a of a donation the recipient of the aliyyah may is not appropriate for a ba’al tefillah to turn of the Torah. Although the Hebrew language congregation’s attitude toward the institution have granted to the synagogue. The abolition this religious obligation into a forum for an has changed much since the biblical period, of communal prayer. of these practices will effectively eliminate a aggrandizing display of vocal talent (or, as and even the most meticulous of ba’alei keri’ah prominent occurrence of “downtime” within is occasionally the case, the lack thereof). will not even come close to approximating Toviah Moldwin is a junior in YC majoring in the service and will significantly diminish Although there are certainly parts of the service what the language originally sounded like, Computer Science. the tirha de-tsibbura that transpires during the that are traditionally sung, and it is appropriate there are certain grammatical nuances which Torah reading. for the ba’al tefillah to lead the singing during are widely accepted as being preferable, if not 1 See Berakhot 27b and Sotah 39b (The A final, very common incidence of downtime these parts of the service, the ba’al tefillah obligatory, to be emphasized when reading terminology in Sotah differs in terminology occurs during the interval between the time should not extend the length of the tefillot nor the Torah, such as the correct accenting of the from that in Berakhot, see the article cited in when the congregation finishes praying the words and the differentiation between a sheva the next note). na and a sheva nah. Synagogues, especially 2 This article is not intended to discuss large synagogues that have the resources to be the technical halakhic and conceptual issues One would expect that a concerted selective, should make efforts to obtain a ba’al relating to tirha d’tzibbura. For that, see the keri’ah who has a strong command of these following article: “Kevod Tsibbur ve-Torah effort would be made on the part of nuances of the Hebrew language. In addition to Tsibbur,” The Israel Koschitzky Virtual Beit ensuring that the keri’at ha-torah will be fulfilled Medrash of Yeshivat Har Etzion, available at: Jewish communal leadership to ensure in the most proper and halakhically acceptable http://www.etzion.org.il/vbm/archive/8- fashion, a good ba’al keri’ah can make the bishiv/37%20tircha%20de’tzibura.php. that the synagogue experience is an Torah reading an enjoyable part of the prayer 3 Ideally, the service would be significantly service, whereas a bad ba’al keri’ah will leave improved if no mi she-berakh prayers were congregants cringing for the entire duration of recited at all, but, as this is a custom that has overall positive one. keri’at ha-torah. become well-ingrained in many communities, Having discussed the ba’alei tefillah and ba’alei at least we can cut down on the unnecessary silent amidah and the point when the ba’al sing parts of the service that are not usually keri’ah, the final and perhaps most ubiquitous waste of time that occur while preserving the tefillah starts his repetition. Although different sung. Not only does excessive hazzanut distract manifestation of tirha de-tsibbura comes from custom of the mi she-berakh prayer. communities may have significantly different the congregation from the essential purpose of the rabbi himself, and in particular, the practice 4 This is particularly a problem during average prayer speeds, there should never be a the prayer service, it can be painful for people of the rabbi’s sermon during the prayer service. the High Holidays, when the service is often situation where the majority of a congregation who do not enjoy listening to hazzanut, and It is often the case that a significant portion of drawn-out several hours longer than is is waiting for the ba’al tefillah to start his it can often draw out the service to a length a synagogue’s congregants have little or no necessary simply due to the enormous amount repetition of the amidah. If the synagogue rabbi to which even the most patient people will interest in hearing their rabbi’s sermon, and of hazzanut. While some may feel that hazzanut takes a long time to complete his silent prayer, become restless. 4 often for good reason. Modern synagogues is part of the “High Holiday experience,” it is he should instruct the ba’al tefillah not to wait Of course, there are people for whom hazzanut have congregants whose educational important to remember that for many people for him. Additionally, if the ba’al tefillah knows is an important and uplifting part of their backgrounds in Judaism range from almost (particularly children and young adults), the that he prays at a slower pace than the majority prayer service, and I do not mean to remove complete lack of Jewish literacy to seasoned long, drawn out services of Rosh Hashanah of the congregation, he should either make sure hazzanut entirely from the Jewish People as a yeshivah students to rabbis to tenured professors and Yom ha-Kippurim are among the most to pray at a faster pace or decline to lead the religious experience. However, it should be of Jewish Studies. Very few rabbis possess the painful and difficult rituals of Judaism, and prayers. Similarly, if a would-be ba’al tefillah understood that hazzanut is not an integral part scholarship and oratory skills to please such there is no real reason for this to be the case-- reads slowly, and as a result, his repetition of of the prayer service and should not be treated a diverse audience. Moreover, even if a rabbi the services can easily be shortened by several the amidah would be significantly slower than as such. If a synagogue does want to invite a were able to consistently give highly intelligent hours without detracting whatsoever from the congregation is used to, he should decline professional hazzan once in a while, it is only and articulate derashot that appeal to the entire the meaning of the service. Even on Yom to take the amud to ensure that the congregation considerate to warn congregants considerably congregation, it would still be inappropriate for Hakippurim, when the Torah commands us to will not become burdened by listening to a in advance and to provide alternative services him to deliver his sermons during services, as it “afflict our souls,” the rabbinic interpretation painfully slow repetition of the amidah. for those who do not enjoy hazzanut. unnecessarily lengthens the prayer service for of “affliction” does not include the particular Now that we have discussed the problem Ba’alei tefillah should be aware of the liturgical those who came to synagogue simply because affliction of having to stand in the synagogue of talking during the service and the factors customs of the congregation as well as the they wanted to pray with a minyan. for hours on end listening to hazzanut. that can lead to it, it should also be pointed pace at which the majority of the congregants The alternative, of course, is not to eliminate 5 If a kiddush is being held after services, it out that congregants often engage in other pray. It is inappropriate for a ba’al tefillah, rabbis’ sermons, but simply to relocate them is preferable, from the perspective of both the activities which are just as disruptive as of his own volition, to change the accepted to a juncture which is more considerate of the rabbi and the congregation, to have the devar talking but which often go uncastigated by nusah, tune, or pace of the congregation’s congregants. If a rabbi or his congregation feels Torah either at the kiddush (assuming that the synagogue leadership. For example, many prayer. If a ba’al tefillah does not wish to abide the need to have a weekly (or daily) devar Torah, congregants have a place to sit) or afterwards. people, including some prominent rabbis, have by the community’s standards in this regard, the rabbi can deliver his words of wisdom Having a devar Torah immediately prior to the practice to spontaneously raise their voices he should not be permitted to lead services, either prior to the commencement of services or kiddush is probably more inconsiderate than at certain parts during the prayer service, pace since it will inevitably bother members of the subsequent to their conclusion, 5 so only those having it in the middle of services, and it is a up and down the synagogue aisles, clap, or congregation. Furthermore, it is incumbent who are interested in hearing the rabbi speak sure-fire way to guarantee that no one will pay make exaggerated bodily gesticulations. This upon the synagogue leadership to ensure that if will stay, while those who wish to leave can do attention. behavior can often be distracting to the other someone is chosen to lead a part of the services so without feeling uncomfortable. This small Volume V, Issue 1 www.kolhamevaser.com 13 Kol Hamevaser David, Son of Jesse

BY: Chesky Kopel

had studied and internalized the words of the boundaries of law and family loyalty in his “If my son, my own issue, seeks to kill me, “And I will dishonor myself even more, and Torah, which demanded from him nothing treason. how much more the Benjaminite! Let him go on be low in my own esteem…” (King David) short of personal humility, steadfast dedication The handsome, charismatic traitor easily hurling abuse, for the Lord has told him to…”14 to God and observance of His laws, “…In order won over the hearts of the people and, along The king of Israel thus deflected concerns for It was a momentous celebration in the City that he not exalt himself above his fellows or with his great army of supporters, marched on his honor once again, and emphasized the will of David. The Ark of God had been rescued deviate from the instruction to the right or to Jerusalem. David and his shrinking camp fled of God exclusively. from captivity, and throngs of people paraded the left, to the end that he and his descendants across the Kidron Valley to the Mount of Olives, Back in Jerusalem, Absalom’s advisor it through the streets, rejoicing as they had may reign long in the midst of Israel.”5 David and the rebels took over the capital city. Zadok Ahithophel instructed the rebel king to sleep never done before. Young and old, poor and chose to discharge his duty properly, unlike his the High Priest, accompanied by his young son with his father’s concubines in full view of the rich alike danced around the Ark, accompanied predecessor Saul, thereby ensuring a long reign Ahimaaz and all the Levites, carried the Ark of people of Israel as an expression of control, by jubilant shouts and horn blasts. Right in the for himself and his descendants, also unlike the Covenant of God out of the city and across which Absalom did. Ahithophel, whose words thick of it was David, the newly anointed king Saul. the Kidron, to accompany the king who had were accepted by many as those of an oracle, of Israel himself, frolicking with all his might. The lives of David and Michal diverged championed its cause and welcomed it there then conceived of a plan to overcome and Whenever the Ark’s carriers moved forward six tremendously from the time of that encounter.“ in the first place. David saw the Levite camp assassinate David that same night with twelve- steps, the king sacrificed an ox and a fattened Until her dying day, Michal daughter of Saul and refused to let them join him in his exile. He thousand troops, and Absalom agreed once lamb. The people and their king shared a few had no children.”6 David, however, founded stood courageously and addressed Zadok: again. Hushai had arrived some time earlier euphoric moments together and took pride the Messianic dynasty, and became the greatest “Take the Ark of God back to the city. If I find and presented himself as a loyal servant of in the salvation of God. It seemed as though king of Israel. He was as much a symbol as an favor with the Lord, He will bring me back and Absalom, and the rebel king accepted him, nothing could go wrong on that beautiful day individual man, the icon for Jewish monarchy, let me see it and its abode. And if He should albeit suspiciously. Hushai was well-known in the City of David. and his performance was one by which all say, ‘I do not want you,’ I am ready; let Him do as an acquaintance of King David, and he All the while, Queen Michal, daughter of the future kings would be judged.7 Despite his with me as He pleases.”12 professed to have excellent inside knowledge of late King Saul, watched the merrymaking from humble conduct that day with the Ark, David David previously brought the Ark to the king’s ways, his strengths and weaknesses. her window. Shocked by the king’s display of became the everlasting paradigm of personal Jerusalem, its appointed resting place, and the With this credit, Absalom called him to discuss self-abasement, she determined to speak her honor in Israel. Ark had not departed from the city for twenty- Ahithophel’s attack plan. He disputed the plan mind to him. But she waited it out, and the This dissonance epitomized the life of three years. Now, even as David himself left, and recommended that Absalom first gather frustration grew inside her. King David; with every expression and the Ark would stay; it was not his, but God’s. together a much larger army, “all Israel from After the procession had finished and poetic composition, he let ordinary emotions The city would not remain the City of David, Dan to Beer-sheba,”15 if he were to have any many more offerings were brought, the king hope of capturing or killing the mighty and distributed gifts of bread and cakes to the shrewd King David. Absalom and his men multitudes and sent them home. David then He was as much a symbol as an were impressed and followed Hushai’s advice. returned to his palace and was greeted by Ahimaaz and Jonathan stayed outside of the Michal, but not as he expected. She positioned individual man, the icon for Jewish city and set up secret camp at En-rogel. Hushai herself opposite the king, animated by sent a slave-girl to them with word of Absalom’s exasperation, and began to accuse: monarchy, and his performance was one new battle plan, and they hurried back to alert “Didn’t the king of Israel do himself honor David of the oncoming threat. On the way, they today - exposing himself today in the sight by which all future kings would be judged. were spotted by a young boy who informed of the slave-girls of his subjects, as one of the Absalom. Absalom’s men pursued them, and riffraff might expose himself!”2 the two priestly spies found refuge in the home Michal, herself the daughter of a king, was compromise his status as the infallible but Jerusalem, the site which the Lord God of a sympathetic man in Bahurim. They hid in certain that she knew and understood royalty. monarch.8 Human weaknesses drove him to had chosen to establish His name.13 The young the man’s well, and his wife spread a cloth over Saul, her father, would never have conducted the worst of sins, and he readily acknowledged Ahimaaz was spellbound as he watched David it and scattered kernels of grain upon the cloth himself as David had in the streets; that was these faults.9 David was a notoriously imperfect and bore first-hand witness to the king’s to conceal them. Absalom’s men could not find not royal behavior. David lowered his stature man, and this made him somewhat of an courage and selfless dedication to the will of the spies and returned to Jerusalem. The spies and disgraced the kingship by dancing with enigmatic king. Many men can separate their God. David sent Zadok back to the city with reached David and informed him of the battle the common folk. This kingship of Israel was emotions from their work, but not from their Ahimaaz and Jonathan, son of Abiathar. The plan. David’s entire camp immediately crossed not his to disgrace; it is forever a position identities. However, the identity of an anointed three priests returned obediently with the Ark, the Jordan and headed toward Mahanaim. of responsibility issued to man by God. The king is his work, and David’s strong emotions ready to fulfill the will of their great, devout Absalom delayed his attack to first amass a king’s image is not negotiable, and his honor is invariably affected his kingship. king. great army. (Ahithophel saw that he had been essentially inalienable.3 The majority of the people of Israel could However, only later did their crucial service ignored and committed suicide.) The new David was taken aback by the challenge not have known this about David. The masses really begin. After reaching the top of the army of Absalom set out for the east bank of issued by his own wife. Although he did not revered their divinely-chosen monarch, and Mount of Olives, David was greeted by Hushai the Jordan, and the battle began. dispute Michal’s description of himself, he knew him only as a great symbol of national the Archite, a loyal servant ready to help resist David’s followers were prepared for the found a grave error in her conclusion. The king glory. Those who look back on David’s life the rebellion. The king dispatched Hushai attack and defeated the Israelite camp, all looked away and thought, choosing his words from a later point in history therefore find an back to Jerusalem as a spy, commanding him thanks to a daring motley crew of spies and carefully. Returning Michal’s gaze, he declared: awkward and fragile arrangement: A man who to infiltrate the advisors of Absalom, advocate sympathizers: Hushai, a Jerusalem slave-girl, “It was before the Lord who chose me instead struggles with his kingship rules over a people against their counsel, and send back reports Jonathan and Ahimaaz, and an obscure couple of your father and all his family and appointed that misunderstands its king. on the developments in the palace. David from Bahurim. These are the people who saved me ruler over the Lord’s people Israel! I will There was once a young, ambitious man designated the young priests Ahimaaz and the king and his Messianic dynasty. What drove dance before the Lord and dishonor myself named Ahimaaz, a priest and loyal servant Jonathan as Hushai’s messengers. Hushai them to do it? The explanation is all too simple, even more, and be low in my own esteem; but of David, who also misunderstood his king. returned to Jerusalem, and the intrigue began. rooted in a remarkable common denominator.16 among the slave-girls that you speak of I will But unlike most Israelites, he encountered David’s camp approached the town of All of these saviors had encountered David’s be honored.”4 the king’s humanity, and discovered the true Bahurim, and Shimei, son of Gera, a man of humble and devout character. Hushai was David could not bear to stand apart from the legacy of David, son of Jesse. And he learned Saul’s family, emerged. He threw stones at a friend who knew David as an honest and people as their superior while they celebrated this lesson the hard way.10 David and his supporters, and called David a unassuming man, not as a politician. Jonathan the honor of the true King, God. Before the Twenty-three years had passed since Israel criminal for stealing the kingship from Saul. and Ahimaaz had witnessed David sending the Creator of heavens and earth, all men are joyously welcomed the Ark’s return, and The brazen challenger cursed the king to fall Ark back to Jerusalem, deferring his honor to equal. While the king of Israel is called upon rebellion was now brewing in the City of to Absalom as a punishment for his previous the honor of God. The people of Bahurim saw to rule over the people and command their David.11 Following a bitter family dispute, deeds. David’s servants grew furious and David stand down against the abuse of Shimei, awe, he must do so carefully and selflessly, Prince Absalom, the son of David and Maacah, wished to kill Shimei, but David himself took disavowing himself of personal vengeance. with his aim on the true national ideals. David rebelled against his father’s rule, crossing the abuse in stride and calmed his followers. And the slave-girl? She was in Jerusalem www.kolhamevaser.com Volume V, Issue 1 14 Leadership twenty-three years earlier, of course, when the already-fragile situation under control. He temptations of sin and to the inscrutable, lowly 32b, and Sanhedrin 19b for the opinion of R. King David danced the Ark into the city and knew he must inform the king of Absalom’s throes of depression.26 Many of the people did Ashi that a king cannot legally waive his honor. disgraced himself in her presence, much to the fate, else another person would do so first not realize this about their king, and may not Even if he expresses a desire to do so, others are displeasure of a certain Michal.17 and include all the details. Still, Joab had pity have approved if they had. But David was nonetheless required to show him honor, based But Ahimaaz’s journey of discovery was not on Ahimaaz, the young loyal man with great unwilling to compromise his humanity for on an exegesis of Deuteronomy 17:15: “You yet over, and the battle’s good ending would potential, and did not wish to let him rush to anything and if the people did not like this, shall surely set a king over yourself…,” which soon sour for David. David the king dispatched David as the bearer of his own bad news. Instead, they could leave him alone.27 extrapolates that “his awe shall be upon you.” his troops to battle, and the men marched Joab sent a Cushite running ahead to inform The underlying theory seems to be that the forward courageously. However, as they began David of Absalom’s death, but Ahimaaz still David, son of Jesse may not have realized nation is required to honor the king because of to depart the camp, David the frightened father failed to understand the problem. He persisted the legacy he would leave. Still, the Bible’s God’s will, irrespective of the king’s personal instructed his three generals - Joab, Abishai, in his appeal, and asked if he could at least run endorsement of his legendary kingship self-image. and Ittai - regarding a matter of great personal after the Cushite. Joab once again stressed that established his imperfect persona of David, son 4 II Samuel 6:21-22. importance. Trembling, David announced to the news was not good, but did not specify the of Jesse, and the model that he set, knowingly 5 Deuteronomy 17:20. The earlier phrase, his confidants in earshot of the thousands, king’s wishes to Ahimaaz, out of shame for his or unknowingly, for effective, caring Jewish “the words of the Torah” is also meant to “Deal gently with my boy Absalom, for my own transgression. Ahimaaz prevailed over leadership. refer to this portion of Deuteronomy, 17:14-20, sake.”18 Joab, for lack of logical opposition to his desire, I will also add, on a personal note, that which is the Torah’s only instruction regarding Surely Absalom was guilty of treason and ran ahead to David, passing the Cushite. simplified reverence of individual figures the laws of the king of Israel. My outline of against the king of Israel and deserved death; The young priest charged ahead through makes me terribly uneasy. It undermines the this dispute therefore means to convey that in fact, he was actively seeking the death of his the late afternoon, his adrenaline rushing. inviolable truth that every human is essentially Michal’s opinion reflected well the statements own father. Yet David could not bring himself Everything began to make sense to him. God complex and emotive, a truth which is too of Hazal regarding the king’s honor, while to issue the order for his son’s death because honors and protects the king who is so devoted often carelessly disregarded. As a student of David’s opinion reflected well a simple reading to him, Absalom the rebel was “Absalom my to Him, and eliminates the sinful enemies that History, I often find disconcerting the sweeping of the Torah verses. In formulating the halakhah, boy,” and nothing could ever change that. stand in this king’s path. Absalom deserved to theories that modern thinkers construct about though, it is of course essential to see the two The army of King David routed and die, and Ahimaaz was now proud to deliver the causes of large movements and societal texts as forming a united message. slaughtered the rebels, and Absalom himself this news to King David. He acknowledged trends. When we identify the simple formulas 6 II Samuel 6:23. This verse makes clear the fled on a mule. In his flight, his long hair and considered his ulterior motives, imagining, that drove seventh-century Arabs to Islam, feelings of the biblical author regarding God’s became tangled in the branches of a terebinth of course, that bringing good news will surely twentieth-century Europeans to socialism, and attitude towards Michal, as a result of her tree, and his mule continued to run without establish him on the king’s good side for the 1960s Americans to pacifist subcultures, we conduct in this story. Talmudic and Midrashic him. Absalom was held there in that tree future. The sun began to set, and David’s undermine the inner agitations and impulses sources record several interpretations of this “between heaven and earth,”19 between life and watchman spotted the sprinting Ahimaaz that drove each individual in each of those verse. Bemidbar Rabbah 4 and Talmud Yerushalmi death, a defenseless man totally at the mercy of from a distance. Behind him was the Cushite. movements to embrace such life-changing Sanhedrin 6:23 understand that she actually his adversaries. He was spotted by followers of The watchman informed the king of the two commitments. This is not to say that these never had any children. Talmud Bavli Sanhedrin David, and one of them immediately informed apparent messengers, and commented that he historical theories are inaccurate, but there is 21:1, however, presents views that Michal had Joab of Absalom’s circumstances. Joab replied recognizes the first as Ahimaaz, son of Zadok. value in balancing academic objectivity with children, either before this incident, or on the to the messenger that he should have killed David eased up upon hearing this information, respect for individual human lives, because day of her death. Absalom on the spot, but the messenger and responded, with unintended tragic irony: every human is complex and different. 7 See, for example, description of Hezekiah adamantly objected, recounting the frantic “He is a good man, and he comes with good Because of their very public nature, in II Kings 18:3, and description of Josiah in II request of the king. So Joab advanced on his news.”21 leadership personae are particularly fragile. Kings 22:2. own, with a wild fury in his eyes, and killed Ahimaaz was immediately admitted to the The publicity invites critics to judge leaders 8 See, for example, Psalms 22:7, 86:1. Absalom himself, driving three darts into the king’s presence, and he rushed forward, and from a distance, leading them to either idolize 9 For David’s sin with Bathsheba and his rebel’s chest. Joab and his men took Absalom’s declared: or demonize the figure in question. However, subsequent admission of guilt, see II Samuel body down from the tree, threw it into a pit, “Praised be the Lord your God, who has this is a dangerous simplification. To the extent 21-22. and covered the pit with stones. delivered up the men who raised their hand that we fail to acknowledge the essential 10 The essay, from this point until note xxvi, In a stroke of bad timing, Ahimaaz arrived against my lord the king.”22 imperfection and complexity of every human, is my recreation of the narrative of II Samuel on the scene, charged with the energy of victory. David did not understand the implication of we fail to truly appreciate people’s lives and 15:1-19:1. All descriptions of actions and He had not been present at the king’s directive Ahimaaz’z words, or maybe just wished he did accomplishments, and the messages and ideals dialogue are taken directly from the text, and to protect Absalom, and surmised from Joab’s not: that they espouse. All ideas are both conceived all descriptions of appearance, attitude, and conduct that the killing was warranted. He “Is my boy Absalom safe?”23 and implemented by flawed, imperfect people, emotion are my own embellishments. volunteered to run back to King David and Thrown off by this response and without exception. David’s life, as experienced 11 Timeline information obtained from deliver the good tidings, but Joab insisted that conspicuously stammering, Ahimaaz lied to through the perspective of Ahimaaz and William H. Gross, “Chronology of King David’s he stand down, saying, the king: others, is preserved in text as a stark rejection Life,” (Colorado Springs, CO: 2005). “You may bring tidings some other day, but “I saw a large crowd when your Majesty’s of the notion of human perfection. The people 12 II Samuel 15:25-26. you will not bring any today; for the king’s son servant Joab was sending your servant off, but expected an infallible, flawless leader, and 13 Cf. Deuteronomy 12:5,11, and more. is dead!”20 I do not know what it was about.”24 found a human being in his place. It is very 14 II Samuel 16:11. The impulsive Joab thus scrambled to keep David wishfully believed the young priest, telling that this same David, son of Jesse, is still 15 Ibid, 17:11. Domenico Zampieri and turned to consult the Cushite runner, known as the paramount leader of Israel and 16 The following paragraph breaks from the who had just arrived. The Cushite tactlessly founder of the Messianic dynasty. narrative to present my analysis. The claims reported the death in poetic praise, and David within it are literary hypotheses and are not could not contain himself. He ascended to the Chesky Kopel is a junior at YC majoring in based on any authoritative sources. roof wailing and moaned the following words, History and English Literature and is an Editor in 17 This was perhaps a fulfillment of David’s to be forever burned into the conscience of Chief for Kol Hamevaser. guarantee to Michal: “…among the slave- Ahimaaz and all of Israel. girls that you speak of I will be honored” in II “My son Absalom! O my son, my son 1 II Samuel 6:22. The essay, from this point Samuel 6:22. Absalom! If only I had died instead of you! O until otherwise indicated, is my recreation 18 Ibid, 18:5. Absalom, my son, my son!”25 of the narrative of II Samuel 6:12-23. All 19 Ibid, 18:9. Young Ahimaaz knew already that King descriptions of actions and dialogue are taken 20 Ibid, 18:20. David was humble and religiously- devoted, directly from the text, and all descriptions 21 Ibid, 18:27. but he now learned the hard way that David of appearance, attitude, and emotion are my 22 Ibid, 18:28. was no superhero. He was a human being who own embellishments. Bible references here are 23 Ibid, 18:29. loved his baby boy, and no national mission translated by the Jewish Publication Society 24 Ibid. could ever change that. No generals or advisors (Philadelphia, PA: 1999), with some of my own 25 Ibid, 19:1. could ever convince him to sacrifice his changes for clarification. 26 See notes vii and viii above. personal emotions for the sake of the nation. 2 Ibid, 6:20. 27 Cf. Bob Dylan, “Rambler, Gambler,” home David was a person first and king second, and 3 See Yalkut Shimoni to the Torah 228, 913, recording by Cleve Peterson, (Minneapolis, like any person, he even succumbed to the and 940, and Ketuvot 17a, Sotah 41b, Kiddushin MN:1960). 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