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In Memoriam Rabbi Shlomo Goren

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In Memoriam Rabbi Shlomo Goren 9 LETTERS TO THE EDITOR In Memoriam positive evaluation of this issue. The articles cover many diverse ar- I AM WRITING with some very sad eas of Jewish scholarship, including news. Dr. Ari Bleicher, z”l, has suc- halakhah, philosophy and history. cumbed to his terrible illness―he The entries represent a rare synthe- was niftar last week. The family is sis of traditional Torah study en- just winding up the shiv'ah. hanced by scientific Jewish scholar- Ari had written the article on Te- ship. I feel that the article entitled fillat Shav, which Hakiraḥ graciously “A Yeshiva Curriculum in Western published in vol. 12, 2011. The Literature” should be required read- shiur―and its publication in ing for all yeshiva students who Hakiraḥ ―meant so much to Ari, study the humanities on both high and it was a source of great inspira- school and college levels. tion to his family and to those who Regarding the Hebrew essay on knew him. In fact, it was mentioned the halakhic rulings of Rabbi a few times in the hespeidim at the Shlomo Goren, a similar thesis is levayah. I just wanted to let you expressed by Hagai Ben-Artzi in his know―and to express to you my doctoral dissertation on the hala- heartfelt appreciation for what you khic rulings of Rabbi Avraham did in sharing Ari’s Torah with the Isaac Ha-Kohen Kook. Ben-Artzi world. It is so hard to lose a friend also details the concept of “emer- and a talmid―but being able to go gency” rulings to aid the fledgling back repeatedly and read Ari’s yishuv in Palestine. Ben-Artzi’s vol- "הראי"ה קוק כפוסק: meaningful words is no small meas- ume is entitled יסודות חדשניים בפסיקתו של הרב קוק . ure of nehamaḥ published by וזיקתם לעולמו ההגות" May you continue to have the wonderful zekhus to share Torah Hebrew University in Jerusalem, 2003. with the world, opening eyes, excit- ing minds, and inspiring hearts. Rabbi Aaron Rakeffet Thank you so very much. Jerusalem Rabbi Saul Zucker Teaneck, NJ DR. HOLLANDER’S discussion of the Langer case in Hakiraḥ 15 as Rabbi Shlomo Goren highlighting R’ Goren’s approach to p’sak sheds light on current events I CHANCED upon volume 15 of in Israeli conversions. While a com- Hakiraḥ during my recent visit to plete review of the details of the the United States. I cannot ade- case and R’ Goren’s p’sak is beyond quately express the depth of my the scope of this letter, I would like Ḥ akirah 16 © 2013 10 : Hakirah,̣ The Flatbush Journal of Jewish Law and Thought to outline the basic halakhic argu- gave a get to Ḥava. Otto Langer ments of R’ Goren and, by doing so, then died and, in 1955, Havạ ap- demonstrate why any comparison peared in the Tel Aviv bet din seek- between this case and the “conver- ing permission to marry again. sion revocations” performed re- Upon questioning, the bet din real- cently by those in the Israeli Rab- ized that she had married Langer binate are completely unfounded. without a get. The bet din convened Reconstructing the history be- to consider this and, because Havạ hind the Langer case suggests the admitted she never told the rabbi following chain of events. Around performing her marriage to Langer the year 1923 Havạ Ginsberg, a girl that she had been married before, of about 14 from Lukov, Poland, Hanocḥ and Miriam were declared ran away from the home of her reli- mamzerim. No witnesses were gious family with a significantly brought to support any aspect of older, non-Jewish man named Bolik the case and, frighteningly unfortu- Borokovsky. Havạ converted to nately, there did not appear to be Christianity and they married in a any attempt to resolve the problem church. Hava’ṣ parents, deeply of mamzerut. ashamed, combined bribes and In 1966 Hanokḥ approached the threats to convince Borokovsky to Tel Aviv bet din rabbinate seeking convert to Judaism. Borokovsky permission to marry but was told he agreed and traveled with his father- could not. The case went back and in-law to Warsaw where he was cir- forth between the local bet din in cumcised and where it is claimed he Petaḥ Tikva and the supreme reli- converted. Upon their return to Lu- gious court, Bet Din haGadol kov it was claimed that Ḥava and l’Ir’urim, garnering national atten- Avraham (formerly Bolik) Boro- tion and causing the political up- kovsky married in accordance with heaval described by Dr. Hollander. Jewish law. In 1933 they moved to With no leniency forthcoming, Israel. the case was taken out of the regular It seems they meant to make ali- batei din and given to R’ Goren, the yah a year earlier with Hava’ṣ par- military Chief Rabbi (the Langers ents, but were delayed because their were both in the military). R’ Goren eldest son was registered as a Cath- uncovered more evidence and gave olic. In 1942 the couple separated, a lenient p’sak signed by himself and Havạ claiming that Avraham be- 9 anonymous judges. haved like a Christian. There was no In his published work on the halakhic divorce (get). Two years case, R’ Goren first explains why he later Ḥava married Otto Langer and can reconvene a new bet din despite together they had two children, the existing p’sak. This is due to the Hanokḥ and Miriam. severity of mamzerut and its equiva- In 1951, Borokovsky ap- lence to dinei nefashot, capital cases. proached the bet din to remarry and He then describes the entire history Letters to the Editor : 11 of the case including all the evi- Borokovsky came to synagogue dence and discusses new evidence every day until his father-in-law that he has found. Finally, he ex- died and still continued to come on plains at length his rationale for a le- Shabbat. This testimony was re- nient p’sak, the pillars of which are jected because, first of all, he is only the doubts he has uncovered. one witness and second, the testi- The first doubt is whether or not mony is contradicted by Borokov- Borokovsky actually ever con- sky’s own in which he demon- verted. There are three methods to strated that he cannot identify the prove conversion: 1) witnesses or term “kri’at sh’ma,” cannot properly documentation of the conversion continue the phrase “Sh’ma Yisrael,” itself, 2) a claim of conversion com- and does not recognize “lekha dodi.” bined with a hazakaḥ , presumption, Furthermore, documents from so- that the person is Jewish, 3) one as- cial services working with Borokov- sumed to be Jewish claims that he sky’s son assume Borokovsky is not was a non-Jew but converted, in Jewish and state that he attends which case he is believed since we Christian functions. Clearly, then, have no independent reason to as- there is no presumption that Boro- sume that he was ever not Jewish kovsky is a Jew. 3) There are plenty (hapeh she’asar hu hapeh she’hittir). of witnesses from Lukov who knew None of these three methods Borokovsky as a non-Jew and thus work in the case of Borokovsky. 1) we have independent evidence of There were no witnesses who could his initial status. If, in fact, Boro- testify to the conversion and Boro- kovsky never converted, there was kovsky himself could not name the no need for a religious divorce be- bet din in which he was converted fore Ḥava’s marriage to Otto or any of the rabbis who comprised Langer. Indeed this was the as- the said bet din. 2) The Shulḥan sumption of the rabbi who per- Arukh (Yoreh Deah 268:10) implies formed that marriage. For though that a hazakaḥ of Jewishness can be Havạ never told him she had been applied only if the convert claims he previously married, witnesses say was converted in a specific bet din that the rabbi knew about her first (which Borokovsky could not do). husband and was sure he was not In addition, even if identifying the Jewish, that his conversion was bet din is not necessary, there are fake. It is wrong, very wrong, totally numerous witnesses claiming that incorrect to exclude two Jews from Borkovsky continued going to marrying simply because there was church after his “conversion,” that a rumor that Borokovsky con- he baptized his eldest son who was verted. Remember we are dealing born soon after their marriage, that with a life and death situation (see he ate pork, never acted like a Jew, T’shuvot Rama 12). and did not even like Jews. One wit- R’ Goren felt that this first point ness did claim that while in Israel, is unchallengeable and uncovering 12 : Hakirah,̣ The Flatbush Journal of Jewish Law and Thought other doubts is not necessary. Nev- off with a 14-year-old girl. Forced ertheless, following the path of the conversions are not valid. 5) Even if great poskim who are m’zaref̣ as many there was a valid conversion and snifim as possible, R’ Goren uncov- marriage, the get eventually given ers four additional doubts. The sec- by Borokovsky refers to him as Av- ond cause of doubt garnered all the raham ha-ger (the convert). Using attention: the Rambam (Mishneh To- this formulation, rather than the rah, Hilkhot Issurei Biah 13:15-16) more appropriate Avraham ben Av- writes that one who converted for raham Avinu, halakhically identifies non-spiritual reasons is watched un- Borokovsky as a mumar, one who til we see what becomes of him.
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