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Home , Chief Rabbi, Ovadia Yosef

Freedom, Liberty and

abbi Ovadia Yosef, one of ’s most revered Rand controversial religious leaders, was born in in 1920 and came to Palestine at the age of four. He attended yeshivot in the of and was ordained by the chief Sephardic rabbi, Rabbi Ben- Zion Meir Hai Uziel. From 1947 to 1950, he served as a magistrate in the rabbinical court. Upon returning to Israel, he was appointed a rabbinical magistrate in Petach Tikva and then Jerusalem, and in 1969 became ’s . He served as chief Sephardic rabbi of Israel from 1973 to 1983.

{ By ARIEL PICARD

56 | Fall 2008 Freedom, Liberty and Rabbi Ovadia Yosef /// Ariel Picard

HAVRUTA | 57 Before the political party was estab- This article does not presume to answer all lished in 1984, Rav Ovadia was renowned these questions but seeks to examine more only in the spiritual and halachic realm. He closely his social-religious position as it is re- had gained a reputation as a halackhic ge- flected in his halachic rulings. Owing to his nius with a photographic memory – admir- controversial public persona, it is easy to for- Rabbi Ovadia Yosef ers called him a walking sefer – whose get that Rav Ovadia is first and foremost an /// Illustration by legal decisions exhibited boldness and vi- important halachic figure who has been shap- Moran Barak sion. One striking example was his historic ing Jewish religious law for over sixty years. recognition, despite the initial opposition His response to modernity has been harsh of the rabbinic elite, of the (Ethi- and uncompromising in some cases and sur- opian immigrants) as . Still, it was on prisingly open-minded in others. Fundamen- becoming the spiritual leader of the Shas tally, his halachic approach seeks to embrace political party, which at its height in 1999 the vast majority of the Jewish public, even held seventeen seats in the 120-member though this public is no longer committed to , that Rav Ovadia became a house- halacha. In this respect, he speaks to a wide hold name in Israel. His presence in public and appreciative audience. life leaves few indifferent.

The Power of Leniency Women, Rav Ovadia One of the most significant aspects of the modern world is the phenomenon of declared, should stick to secularization. Beginning in the 18th cen- cooking and sewing. tury, as the ghettos of Europe gave way to emancipation and Jewish enlightenment – Haskala in Hebrew – the communal author- It is not uncommon for the Sunday morn- ity of the rabbinate was shaken, as many ing news in Israel to be peppered with con- Jews left Orthodoxy. In response to the tentious comments taken from Rav Ova- rise of Reform in Central Europe, dia’s weekly Saturday night drasha (sermon). an Orthodox counter-ideology emerged in Women, he declared, should stick to cooking the mid-19th century, seeking to reject any and sewing. He has notoriously compared and all changes that the reformers tried to Arabs to snakes, and opined that Hurricane introduce into Jewish life. Katrina was a divine punishment for the While European Jewry had to contend American-backed Israeli withdrawal from with these challenges, Jews in Muslim coun- Gaza. Following the Second Lebanon War, tries lived in a very different world. Although Rav Ovadia said that soldiers were killed be- the influences of secularization had reached cause of their nonobservant lifestyle. these parts of the world, they did not lead Rav Ovadia’s defenders contend that the to a deep crisis as they did in Europe. As subtleties of his comments are lost in the Zvi writes in his book Tradition and popular press. Still, such remarks infuriate Change (Hebrew, 1993): “The vast majority and boggle the general public. How, people of members of the community kept consid- ask, can one who holds such outrageous views ering themselves as believing Jews. . . But wield such formidable political and religious they considered religion and traditional Jew- power in Israel? How is it, they wonder, that ish norms to bear limited importance for so many Shas supporters are not religious at them.” While in some European countries, all? And why is Rav Ovadia so important in the Orthodox communities set themselves the eyes of so many followers? apart from the secular Jews, Sephardic com-

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munities preserved their internal cohesion throughout the modern era, even after ar- riving in Israel.

Rav Ovadia Yosef employs the tactic of turning a blind eye, in certain cases where he believes that insistence upon the complete fulfillment of a religious commandment could lead to its complete violation.

Since, among non-European Jews, devi- ance from halachic norms was not commonly perceived as undermining the community’s religious identity, Rav Ovadia Yosef is more likely to respond more moderately to secular Israeli realities than Ashkenazi ultra-Ortho- dox , who view the same phenomena as a formidable threat that requires a severe reaction. However, when Rav Ovadia identi- Along with the document, Rav Ovadia sub- fies a certain phenomenon as innovative, as mitted excerpts from interviews he gave to signifying a wish to change halacha because the press, where he says: of its incongruence with modernity, he con- siders it to be a threat and rejects it outright. I have said that I am of Beit Hillel, that In 1973, Rav Ovadia announced his can- is, to continue following Beit Hillel . . . In Chief Rabbi Ben-Zion didacy for the position of chief Sephardic every instance where there is a dispute Meir Hai Uziel rabbi of Israel, submitting a platform in sup- between [halachic] adjudicators about port of his application: strictness and leniency [kula], the opinion that leans toward kula should be accepted I shall do my utmost with divine help… according to suitable instructions. to face the problems that tear our world apart. To resolve them in the spirit of our Rav Ovadia’s implication is that his le- holy Torah, and to strive for rulings with nient line is not an obvious choice. It differs the power of leniency, according to the from the common approach in the ultra-Or- thodox community that favors the stringent ways of Beit Hillel.

HAVRUTA | 59 observance of halacha and fashions a sepa- societies and modern ones is the size and rate existence, isolated from and untainted scope of the departure from Orthodoxy. To- by secular society. Rabbinic leaders who day there are large groups who do not obli- take this sectarian approach usually refer, in gate themselves to an Orthodox understand- their halachic rulings, solely to the members ing of halacha. Jews who call themselves of their own ultra-Orthodox community. By mesorati – not to be confused with the Israeli contrast, Rav Ovadia considers himself to Masorti movement, affiliated with American be responsible for the wider Jewish public – – pose an important which is how he justifies his preference for challenge for Rav Ovadia. Many such Israeli the lenient kula over the strict humra. Jews are of Middle Eastern or North African origin; many will keep and attend but also (by way of a famous ex- Rav Yosef tolerates the ample) drive to Jerusalem’s Teddy Stadium to watch soccer on afternoon. In or- deviance of women’s der to bring such people back to a full Torah- pants, despite his per- based life, Rav Ovadia has devised a policy that would strive to reduce halachic noncom- sonal opposition, to min- pliance, yet on the other hand would not ex- pect full religious observance on the part of imize the damage to the these individuals. In the examples that fol- community – too tough low, we will see how Rav Ovadia applies this approach in his rulings.*1 a dress code could drive The principle ofhara be-mi’uto – “the lesser evil” – is nicely exemplified in an influential girls to secular schools. responsum that Rabbi Ovadia Yosef wrote in 1973 when the principal of a religious school Rav Ovadia often characterizes his gen- complained that girls were coming to school eration – pejoratively – as “the generation of in miniskirts: “He is unable to protest, al- freedom and liberty.” In his opinion, freedom though to our great dismay the fences of leads to the erosion of rabbinical authority modesty have been broken open, and they and to the lack of commitment to complete [the girls] would not heed to their teachers’ submission to halachic requirements. The orders.” The principal, unable to force the strict approach is therefore flawed, because students to wear long skirts, is faced with excessive strictness is likely to lead the public the choice of allowing them to wear pants. to ignore duties that it finds too burdensome. The inquirer assumes that wearing pants en- Rav Ovadia is concerned lest traditional Jews tails a halachic obstacle and thus asks for the who have “weak” religious devotion are driv- rabbi’s opinion on the matter. Rav Ovadia en from the path by the demands of a rigidly launches into a long speech about his firm Orthodox lifestyle. rejection of the miniskirt:

And it has been found that she who walks Pants or Miniskirts? in a miniskirt – a garment of the most hor- rible promiscuity – and her sole intent is to Historically, the Jewish world has always in- follow the ways of a fashion that leads to cluded anomalous and delinquent individu-

als who remained part of their communities. * Rav Ovadia's halachic opinions to date have been collected A key difference between traditional Jewish in 10 volumes, entitled Yabia .

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lust, certainly constitutes a case of trans- tolerating the deviance of women’s pants, gressing “neither shall ye walk in their despite his personal opposition, Rav Ova- statutes” (Leviticus. 18:3). dia makes a partial concession to students who are not committed to halacha, hoping The rabbi then analyzes the prohibition of to minimize the damage to the community: women wearing pants: “A woman shall not too tough a dress code could drive the girls to wear that which pertaineth unto a man” secular schools. Such compromise represents (Deuteronomy 22:5). After a long discussion the essence of the hara be-mi’uto policy. of this injunction and its stipulations, Rav Ovadia concludes that since women’s pants are different than men’s, they cannot be defined The conscious desire to as pertaining “unto a man” and thus can be allowed, with the following reservation: strive for change, rather

And in any case I maintain that girls than change itself, is should not be allowed to wear such pants what worries Rav Ovadia in the first place, since they attract special attention from those who encounter them most. more than what a dress or a standard skirt would, and lead one to sinful thoughts. And modest girls of Israel may not walk in Moderation in the them whatsoever. Another way to deal with deviance from The discussion therefore shifts to the halacha is to ignore it. Rav Ovadia Yosef question of modesty: pants are worse than a employs the tactic of ha’alamat ayin, or turn- dress – but are they worse than a miniskirt? ing a blind eye, in certain cases where he be- Rav Ovadia’s conclusion is clear: lieves that insistence upon the complete ful- fillment of a religious commandment could And in any event if the girls would not heed lead, in practice, to its complete violation. their parents’ and teachers’ instructions to Again, a fine example involves the appear- avoid wearing very short skirts, and they ance of women. walk with their calves and thighs exposed, When examined in the mirror of ritual ob- which is an act of excessive promiscuity, we servance, nail grooming and polishing pres- must opt for hara be-mi’uto, and allow them ent a halachic problem. A woman who im- as a temporary measure to wear pants and merses at the mikveh must not separate her must not roll rocks after those who slide body from the water, and one of the instruc- and fall, and our left arm pushes away as tions for women who come for ritual purifi- our right arm draws them near. cation is to clip their nails. Thus nail groom- ing constitutes a halachic obstacle or hatzitza The lesser evil, for Rav Ovadia – hara be- (buffer). And yet, some women refuse to clip mi’uto – is pants. When he writes against their nails when coming to the mikveh, rais- women in jeans, he doesn’t make a halachic ing the question of whether they should be argument, but rather a value judgment. On permitted to immerse at all. the other hand, when sternly forbidding Rav Ovadia discusses this problem at length, miniskirts he invokes the biblical injunc- presenting various opinions, and ruled in the end tion against adopting non-Jewish practices: that one may rely on the opinion of the lenient “Neither shall you walk in their statutes.” By poskim (rabbinic adjudicators) in the matter:

HAVRUTA | 61 The secular Jew who publicly desecrates Bat Yam, near Tel Aviv, 2008 the Shabbat and has no attachment at all to halacha is likened by Rav Ovadia to a , and is removed from the community.

We must turn a blind eye on the women who wish to keep their nails intact without cutting them. This license is intended for women who refuse to adhere and comply with the words of the sages, and we must avoid a rift, God forbid, lest they refrain from the mitzvah of tevilah [immersion] altogether and be in danger of karet [un- timely death by divine decree]. That is why we have compelled ourselves to search for justifications to permit this, lest we roll rocks after those who slide and fall.

Rav Ovadia’s examination of this phe- nomenon in its cultural context reveals that this is no mere halachic technicality about hatzitza. He does not approve of the conduct of these women, who abandon the ancient custom of “our holy matrons” and follow a modern fad. And yet, since these women come to the mikveh and still wish to immerse, they should not be prevented from doing so, lest they refuse to come to the mikveh at all. These women, though following the customs of “modernity,” are not doing so out of a wish to change halacha and adapt it to the Zeit- geist, but out of their personal wish to fol- low the dictates of fashion. This conduct, though deviating from traditional halachic norms, does not constitute for Rav Ovadia a threat to the community’s traditional Jew-

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HAVRUTA | 63 ish identity, and not even to the identity of But since to our great disheartenment this the women themselves. The deviance has no transgression has become greatly prevalent significance beyond a halachic problem that in recent generations and some communi- requires a solution. ties accept kohanim who are Shabbat dese- Rav Ovadia concludes his responsum crators, and should they prevent them from as follows: fulfilling the mitzvah of nessi’at kappaim  they shall end up bickering, and we lack the And therefore in my humble opinion the strength to uphold all dicta of our religion, woman in charge of the beit tevilah [“house therefore we have deemed it right to be le- of immersion” or mikveh] should be in- nient here, where such thing is necessary. structed to turn a blind eye to them, if they refuse to adhere to her request that Rav Ovadia knows full well that these they clip their nails. Jews are part of the community; it is also clear to him that there is no way to coerce them into observing the Shabbat. In order to For Rav Ovadia, avoid unpleasant arguments or even separa- tion from the community, Rav Ovadia seeks women who wear halachic leeway here. He invokes the famous opinion of Rabbi Jacob Ettlinger (an impor- wigs are tantamount tant authority in 19th-century Germany), to “innovators who who ruled that in his time Jews with any attachment to Shabbat, for instance those have broken the who pray and consecrate the day despite their not observing it according to halacha, fences of Israel open,” should not be considered to be deviants. in their effort to Therefore, Rav Ovadia rules: make halacha match And from now on, those who come to syn- agogue on Shabbat and pray with the pub- modern fashion. lic, and say in their prayer “it is an eternal sign commemorating the act of Creation,” and conclude their prayer with the refrain Privileges of Priesthood “blessed are You O God, consecrator of the Shabbat,” and they wish to come to the bi- Should Jews who drive on Shabbat be hon- mah and raise their hands in the Priestly ored in the synagogue? Rav Ovadia was asked Benediction, we must turn a blind eye to whether a man of priestly descent (a ) who them so that we do not hold them back publicly desecrates the Shabbat should not be from fulfilling the mitzvah of nessi’at kap- allowed to part in the of the paim, for we must say that they are not congregation known as nessi’at kappaim (“rais- subject to the laws that apply to idolaters. ing up of hands”). The rabbis who had previ- ously ruled in this matter compared the public For Rav Ovadia, ignoring Shabbat violation desecrator to an idolatrous apostate (mumar is not an act of denial. Instead, “turning of l’avodah zara), who is not allowed to participate turning a blind eye” constitutes a lenient view in the benediction. Rav Ovadia, though, seeks of the violator who attends synagogue, who re- to allow such a person to participate and opens mains a member of the community and is “not with the reason for his stance: subject to the laws that apply to idolaters.”

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Going Too Far in a revolutionary manner. No alteration of basic values was intended, and the rab- There are clear limits, however, to Rav Ova- bis saw themselves as part of an historical dia’s moderation. Individuals who deviate continuum of halachic adjustments. The dif- from halacha are one thing; changing the ference between this normative evolution system is quite another. On the subject of of halacha and the demand for change by , for example, Rav Ovadia champions of modernity is that the latter is a hard-liner, following in the footsteps of are conscious of bringing about a revolu- Orthodox rabbis of the European tradition tion. And this is what Rav Ovadia is fighting who believe that religious innovation under- against with all his might. Two sharply dif- mines the foundations of Jewish existence fering examples can illustrate this point. and should be vehemently rejected. When Rav Ovadia discusses the status of Jews who choose to be secular for ideological reasons, his position is very strict. He dis- On the subject of tinguishes between the form of seculariza- tion that he had encountered in Cairo, which Reform Judaism Rav was characterized by lesser observance but Ovadia is a hard-liner. clung to tradition and community, and the phenomenon of Israeli secularization:

For Rav Ovadia, even innovations that T h e mumarim l’avodah zara who dese- aren’t severe from a formal halachic per- crate the Shabbat in our holy land, who spective may constitute a clear and pres- to our great dismay emerge contemptu- ent danger to the very essence of halacha. ous and desecrate the land brazenly in As far as he is concerned, intent is what buses and cars and smoking cigarettes counts. The conscious desire to strive for on the holy Shabbat in the public do- change, rather than change itself, is what main – those are certainly to be subject worries him most. As the American soci- to the laws reserved to idolaters for all ologist Peter Berger has argued, the key intents and purposes and should not be feature of modernity is the awareness of offered any relief. change; that is, of the fact that many ex- ternal aspects of reality have changed, In Rav Ovadia’s eyes the Israeli secular affecting the individual’s internal world. public is permeated by a spiteful streak, Moreover, modern consciousness seeks in- and that is why Shabbat desecrators of this novation, viewing progress as a virtue, an ilk must be deemed as resembling idola- advantage over the “old” world. Tradition- trous apostates. The secular Jew who pub- al consciousness, in the words of the Israeli licly desecrates the Shabbat and has no at- historian Jacob Katz, holds that “man can, tachment at all to halacha is likened by Rav and should, plan his actions according to Ovadia to a gentile, and by that is removed the customs of his ancestors.” Writes Katz: from the community. “Traditional society changes in practice Rav Ovadia’s ruling expresses an intricate and pretends not to change at all.” socio-historical reality. On the one hand, Ever since the time of the , rab- a large number of Israeli Jews desecrate binic sages have been faced with changes in the Shabbat but at the same time claim a social realities and have accordingly intro- traditional religious identity. Rav Ovadia duced changes in halacha. This was done, views these Jews with moderation and however, without any awareness of acting allows them to actively participate in the

HAVRUTA | 65 community. On the other hand, hilonim – who follow new trends, and are carried Israelis who profess a secular ideology – get away by modernity it is clearly a mitzvah no sympathy from Rav Ovadia, who excludes and a duty to uproot this evil custom, and them from the Jewish community with full return to the ways of tradition, the ways halachic severity. of modesty, in accord with our holy Torah.

Despite the initial But by this standard, aren’t modern wom- en who wear pants also guilty of immorality opposition of the and impudence? Why is Rav Ovadia tougher on wigs than on pants? After all, women who rabbinic elite, Rav Ovadia wear wigs do so for religious reasons, seek- recognized the Ethiopian ing to cover their natural hair as required by halacha, whereas women wear pants for rea- immigrants as Jews. sons that have nothing to do with religion. It turns out, however, that the halachic context of wig wearing is itself what dis- Hair and Heresy qualifies this custom. Wearing pants is bad, but it’s no more than a female fashion On the opposite end of the religious spec- statement; wigs represent an attempt to in- trum, we encounter the problem of wigs. troduce a deliberate change in the realm of Among the strictly Orthodox Ashkenazim, religious law. Thus for Rav Ovadia, women married women, in conformity with the laws who wear wigs are tantamount to “innova- of tsni’ut (modesty), customarily wear wigs tors who have broken the fences of Israel (sheytls in Yiddish); this is true, to a lesser open,” in their effort to make halacha match extent, among the most pious Sephardic modern fashion. Wearing jeans may be con- women too. But Rav Ovadia condemns this strued as evidence of religious weakness, custom, which he sees as originating from but it doesn’t signify any ideological intent modern trends and Western influence. His to change halacha. Rav Ovadia’s radical po- key responsum on this matter states: “In sition on wigs exemplifies his acute sensitiv- [our] generation, when wigs are made so ity to phenomena that, in his view, threaten skillfully so that one cannot know for sure the identity of traditional Judaism. whether a woman’s hair is her own or wheth- Moreover, the two are addressed er she is wearing a wig, it may create a false to two very different groups. Rav Ovadia’s impression of immorality.”? legal opinion about women’s pants addresses Morever, Rav Ovadia believes that wigs teenage girls at a crossroads who are unsure pose a serious problem because they derive whether to choose tradition or secularization; from foreign cultures: thus in their case, to keep them in the fold, he applies the policy of hara be-mi’uto, the lesser For the custom of wearing wigs came from evil. On the other hand, wig-wearing women the by way of new fashions that are religious people, deeply committed to change every other day, copied from Ama- halacha, who can be required to follow much lek [the archetypal enemy], certainly this stricter halachic standards. In their case, constitutes a violation of “neither shall ye there is little risk that greater stringency walk in their statutes,” since it [this cus- would push them away from Orthodoxy into tom] is immoral and impudent . . . And secularism, or worse, Reform. therefore this custom also, which we know In the worldview of Rav Ovadia Yosef, the was originally introduced by some women kohen who blesses the Orthodox congregation

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on Shabbat, drives home, and smokes a cigarette after lunch, is a traditional Jew who lacks the will to keep all the rules. Reform Judaism, as an ideological movement, wants to change the rules, which is a whole other story. A moderate approach to traditional Jews unwilling to observe halacha fully will keep them close to home and perhaps draw them even closer. But leniency is out of the question when it comes to Jews in Ariel Picard is our “generation of freedom and liberty” who the Director of the think they have found a new way of being Shalom Hartman religiously Jewish. Institute’s Center for Education and a senior fellow. Author of The Philosophy of Rabbi Ovadia Yosef in an Age of Transition: Study of Halakhah and Cultural Criticism (BIU Press, 2007), he holds a doctorate in philosophy from Bar-Ilan University, and served as rabbi of Kibbutz Shluchot.

Tel Aviv, Kfar Shalem neighborhood, 2007

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