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Volume III, Issue 2 November 6, 2009/19 Marheshvan 5770 Kol hamevaser The Jewish Thought Magazine of the Yeshiva University Body The Modern Orthodox Response to Orthopraxy Eli Putterman, p. 3 “Am le-Badad Yishkon:” Must the Singular Nation Always Reside Alone? Nicole Grubner, p. 10 An Interview with Rabbi Yaakov Neuberger p. 11 An Interview with Mrs. Shani Taragin: Part One p. 14 Shemirat Negi’ah and Reality Family and Community Nathaniel Jaret, p. 17 Kol Hamevaser Kol Hamevaser The Jewish Thought Magazine Contents of the Yeshiva University Student Body Volume III, Issue 2 November 6, 2009 Staff 19 Marheshvan 5770 Family and Community Editors-in-Chief Sarit Bendavid Eli Putterman 2 The Modern Orthodox Response to Shaul Seidler-Feller Orthopraxy Associate Editors Sarit Bendavid 6 Prayer: A Call for Philosophical In- Shalvi Berger quiry Shlomo Zuckier Alex Luxenberg 7 Rabbinic Leadership Reexamined Layout Editor Menachem Spira Noah Cheses 9 On the Virtue of Followership: Ein Editor Emeritus Melekh be-Lo Am Alex Ozar Nicole Grubner 10 “Am le-Badad Yishkon:” Must the Staff Writers Singular Nation Always Reside Yoni Brander Alone? Jake Friedman Ilana Gadish Nicole Grubner Staff 11 An Interview with Rabbi Yaakov Nate Jaret Neuberger Ori Kanefsky Alex Luxenberg Emmanuel Sanders 13 Be Not Overly Modest: Tseni’ut and Emmanuel Sanders the Inability to Speak About Sex Yossi Steinberger Jonathan Ziring Staff 14 An Interview with Mrs. Shani Copy Editor Taragin: Part One Benjy Abramowitz Nathaniel Jaret 17 Shemirat Negi’ah and Reality Webmaster Ben Kandel Shaul Seidler-Feller 19 Reality Check: Lo Tikrevu le-Gallot Ervah and Shemirat Negi’ah Cover Design Yechezkel Carl General Jewish Thought Business Manager Rabbi Yosef Blau 21 Musar’s Incomplete Victory Saadia Fireman Rabbi Joseph B. Soloveitchik 22 “A Yid iz Geglaychn tzu a Seyfer About Kol Hamevaser Toyre” Kol Hamevaser is a magazine of Jewish thought dedicated to sparking the discussion of Jewish issues on the Yeshiva University campus. It Reuven Rand 23 Don’t Read this Essay will serve as a forum for the introduction and development of new ideas. The major contributors to Kol Hamevaser will be the under- Book Review graduate population, along with regular input from RIETS Rashei Yeshivah, YU Professors, educators from Yeshivot and Seminaries in Shlomo Zuckier 25 Beginning the Conversation: A Re- Israel, and outside experts. In addition to the regular editions, Kol view of Rabbi Jonathan Sacks’ Hamevaser will be sponsoring in-depth special issues, speakers, dis- cussion groups, shabbatonim, and regular web activity. We hope to fa- Weekly Readings of Be-Reshit cilitate the religious and intellectual growth of Yeshiva University and the larger Jewish community. This magazine contains words of Torah. Cover Art Please treat it with proper respect. “Playing Kids” By Elena Flerova 2 www.kolhamevaser.com Volume III, Issue 2 Family and Community Family and Community other hand, Maharil is decidedly lenient to- openly Orthoprax Jew, according to the strict wards the kofer who does not violate any pro- Halakhah, would meet a fate little short of hibition, ruling that he is considered a (and indeed, according to Rambam, no differ- The Modern full-fledged Jew in many of the areas the ent from) social ostracism, and a closet Ortho- mumar is not.xix prax Jew would have to hide his beliefs for Finally, the tinok she-nishbah is, broadly fear of suffering the isolation of his less cir- speaking, one who has been raised in a non- cumspect colleague. While this situation might Orthodox Response to Orthodox environment, and hence does not be unobjectionable, indeed, ideal, in a Haredi know that he is obligated in mitsvot or in be- community, it is, to my mind, intolerable in lief in the truth claims of Judaism. Although ours; leaving my opinion aside, it should be * the Gemara uses this term specifically to refer quite clear that such a sociological situation Orthopraxy to those raised by Gentiles,xx Maimonides in- would never prevail in Modern Orthodoxy. Yet BY: Eli Putterman Shulhan Arukh, the latter is a subcategory of cludes the descendants of Karaites in this cat- this seems to be what Halakhah demands. And the kofer (or appikoros), which includes any- egory, as they were born into their heretical it is Rambam himself, the oft-cited paragon one who disbelieves in the basic principles of beliefs.xxi The Nimmukei Yosef, however, states and paradigm of Torah u-Madda, of openness Jewish faith;v that is, to become a mumar le- that the scope of tinok she-nishbah should be to intellectual currents emanating from worlds The Sea of Faith hakh’is, it is sufficient to violate a mitsvah out construed in a more limited fashion: only one foreign to the tradition, who is here leading the Was once, too, at the full, and round earth’s of denial of its obligatory nature. However, the raised among Gentiles with no exposure what- charge against the free exchange of ideas, shore Arukh ha-Shulhan states that only one who, ever to Judaism can be granted this lenient sta- against individual inquiry, and against toler- Lay like the folds of a bright girdle furled. out of spite, specifically forsakes the permis- tus, but anyone who is aware of Jews and their ance.At the very least, the reason for this re- But now I only hear sible in favor of the forbidden is considered a beliefs, yet does not adopt them, is an apiko- quires further clarification. Its melancholy, long, withdrawing roar, mumar le-hakh’is.vi ros.xxii As a first step towards a resolution, let us Retreating, to the breath The mumar le-te’avon is considered a full Now that the foundations have been laid, examine the crux of the dispute between Ram- Of the night-wind, down the vast edges drear member of the halakhic community; his only we will begin our halakhic treatment of the bam and the Nimmukei Yosef regarding the And naked shingles of the world. disabilities are invalidity as a witnessvii and Orthoprax. First of all, a basic distinction must breadth of the category of tinok she-nishbah – Matthew Arnold, “Dover Beach” treatment with a measure of suspicion, accord- be made between Orthoprax Jews who ob- and, conversely, that of kofer. For the Nim- ing to most decisors, only with regard to the serve Halakhah fully, either from force of mukei Yosef, a person’s knowledge of his own am less than enthusiastic at the prospect mitsvah he violates.viii By contrast, the mumar habit or because they derive spiritual comfort Jewishness and of the Jewish religion is suffi- of broaching a topic having any relation- le-hakh’is is deprived of “It is Rambam himself, the oft-cited paragon and paradigm of Torah u-Madda, of Iship to the stale polemic that has raged the ability to perform many around Dr. James Kugel, but, unfortunately, halakhically significant rit- openness to intellectual currents emanating from worlds foreign to the tradition, my article is in no small measure applicable to ual actions, such as slaugh- who is here leading the charge against the free exchange of ideas, against individual that subject. It is my intention here to offer an ter,ix writing sacred texts,x inquiry, and against tolerance.” analysis of the Orthoprax Jew, one who lives and performing circumci- in an Orthodox community and keeps the sion.xi More pertinently, he is excluded from from an Orthodox lifestyle, and those who ob- cient to render him a kofer if he fails to abide mitsvot while disbelieving the truth claims of the quorum of prayerxii and may not be called serve mitsvot publicly but not when alone, by these beliefs. However, Rambam requires Orthodox Judaism.i up to the Torah,xiii and a slew of prohibitions who generally stay in the community only be- that the kofer disbelieve by dint of his own in- This article will focus primarily on the is associated with his foodxiv and winexv and cause of social or familial ties. While at this tellectual speculation, not due to origin in a halakhic status of the Orthoprax Jew,ii who with eating at his house.xvi It is quite clear that point it would seem that members of both heretical environment, such as the Karaite sect may be examined through several of the clas- there would be great halakhic difficulties in in- groups should be considered koferim, the latter or the family of a mumar.xxiii sical halakhic prisms through which dissenting cluding an Orthoprax Jew, if he were to be group may be categorized as mumarim le- The difference in the historical circum- Jews are viewed: mumar, kofer, or tinok she- considered a mumar le-hakh’is, in the Ortho- hakh’is as well according to the Shulhan stances of the two decisors may explain their nishbah. The legal and meta-legal issues will dox community. Arukh, though the Arukh ha-Shulhan would differing attitudes. Rambam served as a leader be considered with a historically conscious The kofer, as stated, is one who denies the rule leniently. It seems clear that, even accord- of the mixed Rabbanite-Karaite community of methodology that, in this author’s opinion, basic principles of Jewish faith, such as the ing to Rambam, the Orthoprax Jew cannot be Fustat (old Cairo), and was in constant contact should characterize Modern Orthodox truth of the Torah or the validity of the Rab- placed in the category of tinok she-nishbah, as with sincere Jews who had different beliefs pesak.iii,iv The article will conclude with a binic tradition. The Mishneh Torah is the clas- he has arrived at his heretical beliefs despite and practices on account of being raised dif- broader discussion of the Orthoprax phenom- sic source for the grouping of the kofer his upbringing in an Orthodox setting.