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THE JEWISH OBSERVER (ISSN) 0021-6615 is published monthly except July and August by the Agudath Israel of America, 84 William Street, New York, N.Y. 10038. Second class postage 9 paid in New York, N.Y. Subscription $22.00 per year; two years, $36.00; "Klita"-Absorption of Immigrants, 1991 three years, $48.00. Outside of the United States Rabbi Shlomo Coder (US funds drawn on a US bank only) $10.00 surcharge per year. Single copy $3.00; foreign 11 $4.00. Send address changes to The Jewish Response to "A Matter of Life and Death: The RCA's Observer, 84 William Street, N.Y., N.Y. 10038. Tel: (212) 797-9000. Ruling on Organ Transplants" Printed in the U.S.A. A STATEMENT BY AGUDATH ISRAEL OF fu'>!ERICA/LE1TERS FROM RABBI MosHE Dovm TENDLER AND DR. YoEL JAKOBOVlTS/REsPONSE FROM RABBI NISSON WOLPIN, EDffOR CHAIM DOVJD ZWIEBEL EOlTORtAl BOARD DR. ERNST BODENHEIMER Chairman OUTREACH TO THE RUSSIAN JEWRY-AN UPDATE 23 There is a Miracle in Our Hands, Abraham Bidennan RABBI JOSEPH ELIAS JOSEPH FRIEDENSON 25 "Shoroshim" Means Starting at the Roots, RABBI NOSSON SCHERMAN Shulamis Halprin
MANAGEMENT BOARD NAFTOLI HIRSCH SECOND LoOKS ON THE JEWISH SCENE ISAAC KIRZNER RABBI SHLOMO LESIN 28 And Now, Crown Heights NACHUM STEIN 30 Rabbinical Cooperation-Toward What End? RABBI YOSEF C. GOLDING Business Manager 31
Published by Books in Review Agudath Israel of America SELECTED SPEECHES (RABBI s. ScHWAB)/RAv MosHEH SPEAKS/THE INFORMED SouL/PERMISSION TO BELIEVE/DARWIN ON ThrAL/HUMAN RABBI MOSHE SHERER PflESfDENT INTELLIGENCE GONE APE/ABRABANEL ON PIRKE AvoT /THE BOOK OF THE JEWISH OBSERVER does not PSALMS AND THE BooK OF PROVERBS (WITH THE ALsHICH)/SHABBOS assume responsibility for the Kashrus !TS ESSENCE AND SIGNIFICANCE of any product, publication, or service advertised in its pages 34 © Copyright 1991 Letters to the Editor OCTOBER 1991 VOLUME XXIV I NO. 7 37 Poetry - Socks, Joanne Jackson Yelenik Please note: The cover of the Sept. /Tishrei Jewish Obseroer featured a page from the Rosh Hashana Ma.chzor. with G-d's name. The reader is advised to treat the page with the respect that is due all sacred writings. Yonason Rosenblum
Kulturkampf in the Holy Land A History of the Struggle For the Soul of New Olim, With a Focus on Youth Aliyah
I. THE EXPWSION to secular kibbutzim. Peretz also "shmad (spiritual destruction)" called upon Shamir to ensure that against the children of North Afiican his past June, Israel erupted the kashrus at immigrant absorption immigrants in the 1950's and 1960's. in one of its pertodic spasms centers be placed under the supervi "Israel's jails are today filled with T of fury directed at Orthodox sion of local rabbinical authortties, Sephardi boys and girls as a direct leaders. This most recent outburst after having received numerous com consequence of the campaign of was trtggered by a television debate plaints about the standard of kashrns shmad in the kibbutzim," Rabbi between Absorption Minister Rabbi at the centers. Peretz charged. Yitzchak Peretz and head of the In his letter, Rabbi Peretz de The outpourtng of wrath that fol United Kibbutz Movement Muki scrtbed the Ethiopian community as lowed was unprecedented even by the Tsur, on the popular Mabat nightly one deeply rooted in tradition whose standards of Israeli political dis news show. The two men were invited fundamental character is the antith course. Politicians, in the words of after publication of a letter from esis of the lifestyle of the secular kib The Jerusalem Post vied with one an Rabbi Peretz to Prime Minister butzim. "It is incumbent upon us to other to participate in the bacchana Shamir in which he protested the de take care not to repeat the mistakes lia of vilification of Peretz. cision of the Jewish Agency to send of the l 950's whose rueful conse Within two days, eight motions of newly-arrtved Ethiopian immigrants quences are all too well-known," no-confidence had been introduced wrote Rabbi Peretz. in the Knesset demanding Rabbi Rabbi Rosenblum, a member of a Kolle! in Jerusa lem, is a frequent contrtbutor to these pages, most In the subsequent televised en Peretz's ouster. MK Avraham Paraz recently with his tribute to the late Rabbi YisroelZev counter, Rabbi Peretz expanded upon of Shinui decrted Rabbi Peretz's re Gustman 7"Yt, in the Sept. '9 I issue. He also seives his letter and descrtbed the kibbutzim marks as "Khomeinism." The Citi as an editor for the Art.Scroll Mishnah Series. as having waged a campaign of zens' Rights Movement descrtbed him
4 The Jewish Obseroer. October 1991 as a "racist and extremist even among Jl'l'llil 1lJJJi1 n1~u the ayatollahs" who should be ''vom itecl out oflsraeli society." They called 'ltlil D"l11l upon Prune Minister Shamir to throw him bodily down the stairs of the Ab sorption Ministry. Labor leader Yitchak Rabin said that Rabbi Peretz "should take his shoes off in respect before he begins to talk about kibbut ziin." Nor were the attacks confined to leftist politicians. At least one member of the far-right Techlya party joined a 10,000 person demonstra tion against the Absorption Minister. Rabbi Peretz, however, remained unrepentant. In numerous inter views over the next few days he ex pressed his willingness to have his charges heard by any court of law. Yitzchak Peretz, then a bachur in Yeshivat Hebron, addressing a secret gathering of His T.V. outburst, he told journalists, Sephardi youth assigned to a secular kibbutz, 30 years ago. had been nothing less than a cri de coeur, the outgrowth of more than of a rabbi in Morocco refused to been discussing that at all. ("What thirty years of pent-up agony as a re change her clothes, even to bathe, for about the army?" is the typical secu sult of his own experiences and those months for fear that her clothes lar Israeli means of cutting off all dia of his family after coming to Israel would be stolen from her and she logue and discussion.) from Morocco. He described the life would be forced to wear the immod Even those who admitted that au long pain of his parents, who had est garb of the kibbutz. In the end, thorities in the l 950's had been turned his sister over to Youth Aliyah, her clothes were forcibly removed "over-zealous" in their efforts to extir after assurances that she would be from her. "What I saw, I will neither pate the "diaspora mentality" from placed in a religious setting, only to forget nor pardon," said Rabbi Peretz. newcomers, by sending children from have her sent to a non-religious kib religious homes into secular educa butz. From there she wrote, "Every U. THE FALLOUT tional institutions. did so in passing day I fill buckets with tears that I as if confessing to some sort of social should be taken from this secular bi Peretz was criticized for faux pas with no possible relevance place... and placed in a religious envi aving spoken with a lack of for today. ronment; but they don'tlet me... ." ffie civility befitting of an Is In truth, there is little that could be In his interviews, Peretz produced raeli government minister. (This in a said in refutation to anything that a 1956 training manual of HaShomer country, The Jerusalem Post wryly Rabbi Peretz said. With respect to the HaTzalr describing the methods to be noted, whose politicians have "for de immediate issue of the placement of used in working with Sephardi youth cades shown no compunction about Ethiopian immigrants on secular kib to lead them to the recognition "that calling one another psychopaths, butzim, few have any doubts about belief in G-d is a reactionary doctrine, traitors, fascists, and morons.") Oth the long-term effects on the commu which has no p_lace among man ers used his remarks to provide can nity of constant exposure to an envi kind's progressive fighters." Counsel non fodder for pet crusades such as ronment where breaches of halacha ors were guided in how to convince electoral reform, which, they argued, are institutionalized, especially when their charges of the "materialist con would remove the pernicious bllght of the children are educated in kibbutz ception of reality which allows no chareidi politicians on the Israeli schools. While it is true that the kib place for spiritual forces." body politic. Rather than respond to butzim no longer seem bent on the Peretz also related how as a young Rabbi Peretz's complaints about same overt coercion against religious student in Hebron Yeshiva he had in kashrus in absorption centers, Uri practice in which they once engaged, filtrated almost every northern kib Gordon, the Jewish Agency's head of that is in large part because they have butz in the early 1960's to talk to chil immigrant absorption, urged him to found it is unnecessary- the effect of dren from North Aliica sent there by devote more attention to absorption environment on the young can by it - the Youth Aliyah division of the Jew and less to kashrus. In one newspa self be left to take its toll. ish Agency. There young children per interview with Rabbi Peretz, at Rabbi Peretz's letter to Prime Min told him of their refusal to eat meat least one-third of the questions were ister Shamir was in part written at the after having seen chickens slaugh devoted to trying to extract some ac urging of Rabbi YosefHadana, the oniy tered in the most barbaric fashion knowledgment from Rabbi Peretz of ordained Ethiopian rabbi. He told and of fasting on Shabbos when de the high percentage of kibbutz youth Maariv: "The Ethiopians have no expe- nied wine for Kiddush The daughter in elite combat units, as if he had i rience ofa secular, open society. 1 ex-
The Jewish Obseroer, October 1991 5 pect a serious deterioration of the those who raised him. And If we feel of wandering tn Russia prior to their community tn Israel." He potnted out this way about the thousands of gen arrival. Most had lost their parents, that when the community had taken tiles who refused to return Jewish often tn front of their own eyes. Of a census tn Ethiopia, all those who did children to their families after the war these children, between 80 and 90o/o not fully observe the traditions were or never informed them that they were, by all estimates, from religious excluded- not followtng the tradition were Jewish, should we feel any less homes. and leaving Judaism altogether were outraged when the same crime was In Teheran. these children were tndistinguishable tn their mtnds. The perpetrated by Jews or a Jewish placed tn a camp funded by the Pol problem confronting them tn Israel, State? Would the Cantonist decrees ish government-in-exile and placed said Rabbi Hadana, goes far beyond have been any less cruel if Czar under the supervision of the Jewish the availability of kosher food; It is one Alexander II had been a non-religious Agency. In that camp the food was of the whole atmosphere. Jew tnterested only that the children non-kosher, little children were for Nor did anyone attempt to refute stolen from their parents not remain bidden from saytng Kaddish for their Rabbi Peretz's tractng of many of the religious? parents, and were punished when social ills afflicting the North African At least the gentiles who raised they persisted, and European rabbis community tn Israel to the traumas Jewish children as Christians could also livtng tn Teheran were denied all of absorption. That the children of claim that they had saved the access to them. So intent was the North African immigrants constitute children's lives, often at great risk to Jewish Agency on preventing any re a disproportionate percentage of themselves, that they had grown to ligious education of the children that Israel's prison population and drug it Informed the Polish government users Is not contested. And it is the that it would forgo all fundtng If the standard fare of academic sociology Peretz produced a government tnsisted on the provision texts that the root of the community's of religious tnstruction. social disintegration lies tn the break 1956 training manual of When a group of children refused to down of traditional familial struc eat the non-kosher food, the camp di tures during a!iya, as children were HaShomer Ha Tzair rector-like a high percentage of the taught to have contempt for their el counselors, a member of the ders' "primitive" ways and beliefs. De describing the methods HaShomer HaTzair kibbutz move prived of the values of the Torah, ment- responded, "Let one or two die these children found nothing in Is to be used in working of starvation and the rest will soon for raeli society to replace them. get about kosher food." The counsel with Sephardi youth to ors tn the camps blatantly violated the ID. THE HISTORY OF Sabbath and tried to force the children THE STRUGGLE lead them to the to do so also. The religious coercion went so far as forcibly removing the n at least one important respect, recognition "that belief caps from the little boys' heads. however, Rabbi Peretz's critics in G-d is a reactionary After their arrival tn Israel, the chil I were correct. The kibbutzim were dren were eventually placed In eleven nothtng more than a symbol: his cri doctrine, which has no camps, eight under the supervision of tique was In fact of the philosophy of different secular movements and the founding fathers of the state itself. place among mankind's three under that ofMizrachi. Though And In truth, by focusing only on the Agudath Israel went to great expense North African aliya and the role of the progressive fighters." to prepare places for more than 600 kibbutzim, he dramatically under children, no Agudath Israel facility stated the campaign waged by the was approved for the placement of major agencies of the Zionist leader love them, and that they were doing children. Of the more than 100 coun ship over a 20-year period to wean what they thought was best for them. selors in the camps, only five were the children of the new immigrants But what does the Jewish Agency from Agudah. from their parents' religion. The have to say tn defense of its twenty Children who expressed an tnter placement of these children on secu year record with respect to the chil est tn going to yeshivos were told that lar kibbutzim was but the final step dren of Teheran, Yemen, and North the yeshivos were filled with impov of the process. Africa- a record that is being ex erished schnorrers. sleeping on One suspects that there are few tended by current practices? benches, and refustng to participate Jews, no matter how far removed tn the building of the land. To make from religion, who when they read The Children ofTeheran the contrast complete, the children that the Archbishop of Paris is a Jew were taken on field trips to secular whose parents left him tn a convent etween 1939 and 1942, kibbutzim, frequently on Shabbos, in a desperate attempt to save him nearly 1,000 Polish Jewish where they saw material plenty and from the Nazis, do not feel that a ter B children gathered In Teheran. much stnging and danctng. rible wrong has been perpetrated by Many had endured up to three years The Jewish Agency's blatant "soul-
6 The Jewish Observer, October 1991 snatching," in the words of a contem the supervision of the Jewish Agency. from them in the camps. allegedly for porary columnlst in the non-religious There the children were. in Chief hospitalization, and whom they never paper HaAretz, led to a massive Rabbi Herzog's words. "kept from the saw again. In at least two cases. chil worldwide protest, spearheaded by study of Torah and G-d's command dren whose parents were told they Agudath Israel, Chief Rabbi Yitzchak ments." Camp directors refused the had died. were found adopted by Isaac Herzog declared "war" on the demands of parents for religious other families, giving rise to wide Jewish Agency and urged a boycott of teachers for their children and on nu spread suspicion that many of the all funding from the diaspora. (For merous occasions the police were children had been placed with fami his pains there were calls for the cut called to prevent religious teachers lies more "appropriate" for the raising ting off of all funding for the Chief from entering. The camp director of of children in the new State. Rabbinate- calls supported by the Mizrachi representative on the Jew ish Agency executive.) Fearing a In at least one important respect Rabbi Peretz's critics drastic loss of funds, Youth Aliyah head, Henrietta Szold, wrote to Agu were correct. The kibbutzim were nothing more than dath Israel agreeing that all children under 14 should be placed in a reli a symbol: his critique was in fact of the philosophy of gious educational setting consistent with their parents' religious practice. the founding fathers of the state itself. (Agudath Israel protested that 14 was far too young an age to let children decide their religious future, espe Machane Yisrael ordered a shul being The North Aftican Aliya cially after months of brainwashing.) used as a Talmud Torah closed and But even this minimal concession to had sijTei kodesh thrown outside; the y far the largest immigration decency was not adhered to. secretary of the K!Iyat Motzkin camp to Israel, prior to the recent In one camp in Chadera, 21 of the announced that learning Torah was B Russian immigration, was that 29 boys had attended cheder and prohibited; and in Ein Shomer teach from North Africa in the 1950's and three girls Bais Yaakov. Yet not one ers were told that the only subjects 1960's. Though the tactics changed to boy or girl was sent to an Agudah in they were permitted to teach were some extent. due to new circum stitution, despite the fact that 35 of Hebrew, math and Zionism. stances. the goal of the official and the children were under 14, the age Parents who tried to register their quasi-official State organs remained where only family background was to children in religious schools received the same: the separation of the young be determinative. That particular letters from their local Histadrut from their ancestral religion. selektsia was conducted by Mrs. branches informing them that unless One way in which this was done by Szold herself. Of another group of they removed their children immedi Youth Aliyah in North African coun 446 children under 14 - the vast ma ately they would have their Histadrut tries was by encouraging parents to jority ofwhom had attended chederor membership revoked - in those days send their children alone to Israel. Bais Yaakov - not one was sent to an a virtual sentence to starvation. These parents were assured that Agudah institution. In all, only 30 of Eventually the Israeli government their children would be placed in a almost 1,000 children were placed in was forced to set up an investigatory religious environment. when in fact Agudah institutions. Another 70, commission - the new State's first - they were sent, in the main, to secu who supposedly did not come from in response to the hue and cry raised lar kibbutzim. Eventually religious religious homes or had opted for non against the Jewish Agency's tactics. groups in Europe were forced to set Agudah institutions, eventually fled The Commission found a systematic up an alternative aliya organization to Agudah schools and yeshivos. effort to prevent traditional religious to combat the Jewish Agency. study in the camps, numerous in In the maabarot in which the ma The Yemenite Solution stances of prayers being disturbed. jority of North African immigrants and a methodical practice ofremov were housed, virtually no religious ess than I 0 years later, the ing the peyot of Yemenite children in schools were constructed. The ex scope of operations was ex order to remove their sense ofJewish cuse given was always that the neigh L panded from a thousand Pol distinctiveness, and try to inculcate borhoods were only temporary. but ish children to the entire Yemenite them with the view that in the Jew this never prevented the construction kehilla, which was brought to Israel ish State everything is permissible. of secular schools. Throughout the in Operation Eagles' Wings. This time Nor was that investigating com 1950's and !960's, local labor coun there was no need to guess at the re mission the last concerning the treat cils throughout Israel continued to ligious identity of the children, as ment of the Yemenites. In 1967, the use the threat of revoking Histadrut families came intact and the commu government was forced to set up a membership and other inducements nity was I OO"l
The Jewish Obseroer, October 1991 7 did not witness a similar influx of un them Jewish. In both Instances, the attached (or forcibly detached) youth, Fearing a drastic loss of media spent days devoted to no other children from disadvantaged situa subject; In both cases the rage was tions have been assigned to vartous funds, Youth Aliyah head, directed against the chareidicommu educational and welfare Institutions Henrietta Szold, wrote to nity as a whole- its claim to have a by Youth Aliyah. Up until 1986. chil monopoly on the correct Interpreta dren were being assigned to Torah in Agudath Israel agreeing that tion of Judaism and its allegedly dis stitutions In appreciable numbers. all children under 14 should proportionate political power. Dem Then, acting in response to anti onstrators against Rabbi Peretz ex chareidi directions from the Jewish be placed in a religious plicitly drew the connection: 'We sur Agency. such placements were made vived Shach and we'll survive Peretz," contingent on the Institutions' loyalty educational setting consistent read one sign. to Zionist principles, and- predict with their parents' religious Rabbi Shach challenged the secu ably- they decreased radically. (For lar majortty to define their Judaism. details, the reader Is referred to "Es practice. But even this And Rabbi Peretz struck a raw nerve calating Tensions In Israel," JO, Sept minimal concession to when he linked the Zionist founders '86, and "Israeli Yeshivas and the of the State to our People's cruelest Jewish Agency's Zionist Loyalty decency was not adhered to. oppressors by accusing them of Oath," JO. June '87.) This anti-Torah shmad- the deliberate attempt to ex bias. which has become much more tirpate the Jewish religion. pronounced and gravely sertous with Ethiopian community from becoming How deeply their barbs struck can the recent Ethiopian aliya (as was re yet one more chapter In the sorrow be judged by the fact that so many ported in this wrtter's article in the ful tale of religious communities de who lashed out did so by accusing May '91 JO) is what prompted Rabbi stroyed upon their aliya to Israel. He Rabbi Peretz In turn of being an "anti Peretz to wrtte to the Prtme Minister, understood only too well that the Semite, a hater oflsrael." In a state for he was seeking to prevent the battle would be fought precisely as ment remarkable chiefly for its Inco descrtbed by the virulently anti-reli herence, Shimon Peres set himself up ~ ::,~::,~ gious Jerusalem weekly Kol Ha'tr. as Defender of the Faith and called Once again history repeats itself Rabbi Peretz's charges "similar to wifft eerie precision. So it was with the those levelled by the enemies oflsrael Jews of Yemen, so too with those of throughout the ages." Had he said North}\fiica. In order that at least the "levelled against the enemies of Is ~ AUTHORS G- ~RTISTS ~ yowig would have some chance, the rael," he would have been on firmer tradition had to be destroyed, thefam· ground, for the battle of words be ily structure had to be destroyed, re tween Rabbi Peretz and MK Peres spectfor parents and elders had to be bore an uncanny resemblance to the authors and artists to submit destroyed. The same sad, cruel ancient struggle between the manuscripts and artwork for choice- tradition or integration- re Maccabees and the Hellenists of evaluation. We seek manu- turns today with respect to the Chanuka fame: the Hellenist had no t scripts in all areas of Judaica 'J Ethiopians .... This time, too, circum· designs on the lives of the Jews ofls Ti. publishing with originality, ' stancesforce us to face thecruelfact rael. only on their loyalty to Torah and creativity and high literary better the salvation of the yowig. so their resistance to Greek culture. standard. Our editors develop that at least they can integmte. Ironically there is at least some and highlight the Individuality cause for optimism in the vehemence ofthe author and our graphics IV. PART OF AN ONGOING of the response to Rabbi Peretz*. Told department gives each book PATTERN that their lives lack any Intrinsic Jew t its own Identity. ish content, Israelis did not just nod. We welcome the opportu- I' n ne final aspect of the outciy They screamed. And if it still hurts to nlty to work with you. against Rabbi Peretz de be told that you are un-Jewish, if the @ 0 serves mention: its place In average Israeli is yet unwilling to dis the pattern of such attacks. The most card the name Jew, then in thatthere immediate precedent for the outrage lies a starting point for discussion expressed against Rabbi Peretz was and a ray of hope. E that shown a little more than a year *Typically, when the Knesset was told that 13,927 earlier when the venerable Ponevezh dwellings were being constructed for the chareidi Rosh Yeshiva Rabbi Eliezer population, the august body greeted the announce~ Menachem Shach, In an address wit ment with an uproar. M'\\'hy is it," asked Knesset Chairman Dov Shilansky, "that one need only nessed by most of the nation, asked mention the word 'chareidi.' and the Knesset re~ Israel's secular majortty to identify sponds with a storm?" - HaMachane Har:hareidi. those aspects of their lives that make Sept 5, '91.
8 The Jewish Observer, October 1991 Rabbi Shlomn Goder
-,I,- ~ iii ~'-511 ' 1 JI r j I ~~·kJ~ Klita/Absorption of Immigrants, 1991-in Philosophy and Action
recently participated in a trip to they have miscalculated. They are Eretz Yisroel as part of a UJA speaking on behalf of the Ethiopian I sponsored Federation mission, immigrants without first hearing which was important for my commu what the Ethiopians themselves nity relations work. would want. They have miscalcu Duling the trip the plight of the ar lated because somehow a people riving Ethiopian children was dis alone for 2000 years in a midbar has cussed. A debate ensued as to preseIVed a greater emuna, and a whether the children should be sent greater interest in fulfilling G-d's will to yeshivos or to secular schools, and than these leaders themselves. Now how the Israeli government had de faced with an embarrassing situa cided to send the children to yeshi tion, they are distorting the truth. vas. At this point a "rabbi" stood up This Is not my conjecture. It is fact. and with much fanfare and prtde ex At one of the dinners during the pressed how "ortginally the children misson to Israel, the UJA brought out were all being sent to yeshivos," but a distinguished guest speaker. He now thanks to the work of Youth was the Ethiopian version of a poseik Aliyah, "who is not subject to politi hador- and he was their accepted re cal pressure," the children are being ligious leader. Kes Hadana, an eld sent to secular Israeli schools. This erly gentleman, was even recognized rabbi, who belongs to the movement in Ethiopia by the Ethiopian govern that emerged to "conseIVe" Judaism, ment as the spokesman of the Jew shepped nachas that he had played ish people. He came together with his a role in sparing these children a To son, Rav Yosef, who seIVed as his in rah education. It was brought up terpreter. The son was graced with a how the only fair thing to do for the beard and black hat, and it was ex arrtving immigrants is to give them a plained to us that he had learned in fair choice and not "shove religion Yeshiva Torah Vehora'ah where he down their throats." had received smicha. At one point in This viewpoint Is by no means a the speech, the father mentioned how novel one. In the 1940's and 50's, the best thing for the arrtving Immi these same views were espoused. grant children would be to go to ye Only this time it is not Secular Zion shiva. The crowd very conveniently ists calling for the secularization of our let the comment pass. people but rather "religious" leaders. After the speech I spoke with the These "religious" leaders demand son, who in my opinion is destined to what they've fashioned for them emerge as a genuine religious leader selves- a secularization of for many years to come. He not only Y'lddishkeit. However, in this instance is truly a ben Torah but he also speaks Hebrew and English in addi Rabbi Goder, a musmach of Shaarei Torah of Rockland, inMonsey, N.Y.. isaRavinNorfolk, Vir tion to his native tongue. He ex ginia. pressed to me how important it is that
The Jewish Obseroer. October 1991 9 his country-mates be exposed to To fort to tell them what he really rah and religious values. I asked him These "religious" leaders wanted. He replied that he already if he was aware of what many of the had made his views public, and that rabbis in the room really stood for. I demand what they've obviously he had to be sensitive to the asked him if he was aware that the forum where he was speaking. woman. standing behind him with a fashioned for themselves His response seemed realistic and yarmulke neatly clipped on her head, correct. He can only express his considered herself a rabbi. He told a secularization of views. He cannot be the one leading me he understood them veiy well. the charge. He knows who is paying I asked him if he was aware of the Yiddishkeit. However, in for his people's resettlement, and ifhe fact that these veiy rabbis are "de is going to achieve a position oflead fending'' the right of his people not to this instance they have ership, he must avoid confrontations be sent to yeshiva, and that ifhe did, miscalculated. that may prove counterproductive. why did he not make more of an ef- Butwe, theTorah-committedJewish community, are not limited. We cer tainly can publicize the goals of the religious leader of the Ethiopian com munity- a leader that the secular es tablishment recognizes, as proven by the dramatic introduction they gave him. They may not have been antici pating what he had to say-and we can take full advantage of thetr mis NEW OPPORTUNITIES FOR calculation. The Hashgacha Prattis involved MECHANCHIM AND MOROS: here is incredible: Its workings did not begin a few months ago; it began 13' Training Principals and Adiministrators. This course will cover fifteen years ago when a young man such vital subjects as organizing the school year, staff relations, public and parent relations, named YosefHadana was sent to Italy curriculum, budgeting, fund raising, surveying government services, testing and to study in university and wound up measurements. learning in yeshiva, becoming a ben 13' Become a Kiruv Professional. In this course you will learn the theory Toroh and bar halacha. and practice of effective outreach. Subjects include which courses to offer, lecture It is my conviction that the Jewish preparation, issues in Halacha and Hashkafa, communication skills, grant searching and community in America should be fund raising. Optional public speaking course available. made aware of this. 'The actions of the patriarchs are fore-runners of [3' Special Education. There is a [3' Teacher Training for For· thetr children's lives." Before Yaakov treme~do~s need fo~ Speci~l Educati~n eign Country. With the opening of Avinu Rabbe1m in our Yesh1vos. This course will Yeshivos in Budapest and several cities in consented to go to Egypt, he serve as an introduction into this exciting Russia there is a tremendous need for made certain that there would a specialty. Rabbeim and Moros who can spend 1-2 source of hora'ah there (Bereishis 13' Basic Russian Language years in either Hungary or Russia. (subsidies 46,28-RashQ ....We did not antici available) pate a YosefHadana. but the Ribbono and Culture. With an increasing num Shel Diam designated him. ber of Russians in our community it is Workshop with a Master important that we possess the tools to com 13' Rav Yosef Hadana Is well known in municate effectively with them. Rebbe. A unique opportunity to exchange Eretz Yisroel where he met with lead ideas with colleagues and learn new skills and ing Roshei Yeshiva as well as other 13' Conversational Hebrew. practical exercises from masters in the field. Gedolim. While it is true that some The ability to achieve fluency in Hebrew will These workshops will meet once a month expand educational and teaching skills as and be divided into six groups: Pre 1-A; children are once again being sent to well as provide advancement in career op grades I and 2~ 3 and 4; 5 and 6; 7 and 8; 9 yeshiva, we cannot afford to drop our portunities. This course will begin Jan. '92. thru 12. guard. We know how the non-Ortho dox rabbinate can influence change. S~ ~ Moros Workshop with Master Mechaneches. and it is certainly on thetr agenda. /plr-11{otto4- Workshops that ~ill me~t once .a mon~h at Bais Yaakov D'Rav Meyer. Pre Rav Hadana's views should be I-A, Grade I & 2, 3 & 4, 5 & 6, 7 & 8, 9-12. made public and we should point out Registration limited. Courses begin in Nov. Classes meet at MesMa Torah Vodaath. the hypocrisy and complete self-in For more information please call Rabbi Yehuda Rupp (718) 853-5111. terest of the other parties. If nothing else, the Hashgacha Prattis in this 0 1112' )11tr,i1? T,12' episode should strengthen one's Center for Teacher Tralnlng ernuna. •
IO The Jewish Obseroer. October 1991 <=~~~ ""'/1S-=c-- ·~~-1'\attefOf Ufe and ...... Dealh: "A Matter oflife and Death"-Revisited -.-.,...... -_
A Statement From Agudath Israel Of America 18 Elul. 5751 August 28, 1991 Rapid advances in medical science and technology, Summer, 1991, issue of The Jewish as well as recent legal developments, have resulted in The - numerous complex medical questions and scenarios Observer featured an article, "A Matter of facing Torah-observant Jews. As Jews we must rec ognize that these medical matters, like all other cir Life and Death," by Chaim Dovid Zwiebel, cumstances of human existence, must be approached general counsel and director of government through the perspective of Torah, and under the spe cific direction of halacha. Toward that end, it is in affairs for Agudath Isreal of America, wherein cumbent upon each individual to consult with his or her own competent rabbinical authority to obtain he took issue with many aspects of the widely guidance with respect to specific issues pertinent to publicized Health Care Proxy Form issued by his or her medical circumstances. One of the most serious and complex issues that the Rabbinical Council of America. has arisen in this field relates to the criteria for deter mining death. This issue also impacts upon the re lated halachic question concerning the removal of or article gene:ed a large response, gans for transplantation purposes. Various questions The and opinions concerning these issues have been ex of which two representative letters were pressed in halachic circles. The rabbinic leadership ofAgudath Israel ofAmerica selected for publication, from Rabbi has traditionally refrained from halachic decision-mak Moshe D. Tend/er, who authored the RCA ing as a group. Therefore, an inquiry concerning the aforementioned critical issues. presented by a distin Proxy form, and Dr. Yoe[ Jakobovits, who guished delegation on behalf of the Moetzes Gedolei HaTorah of America, was made to two of the foremost is a member of the faculty of Johns contemporary halachic authorities - Horav Shlomo Hopkins University. Zalman Auerbach 1-1""""'1 and Horav Yosef Sholom Elyashiv 1-1""""1 of Eretz YISroeL The following is their wrttten expression of their views: This is follo= by a rejoinder by the article's author, lN'l' 'IN :i7n n'n't'i1 )?J).l:t ,n11n n:v1 ,u')ny1 n1'l' 1)'tfp::in1 Chaim Dovid Zwiebel. Ytl ,,,~ 1nim OY1~ 011nl1J'V1J'.ltJ p11?Y.l l1,1n ,,,~, O'lJ'N 01\!J )'NV ))')ny1-"n1nn TITl'Y.l" NliJ)il '':> 1P!1TIY.l 1J'N n'IY.li1 .0')1'.)1' n:>'!JV 01\!JY.l i1l:l 'l''1 Pl:l')N )Y.l 'TnN '"}N N')!:t)i1' jjl')i1 This exchange :refaced by a state ment by Agudath Israel of America, which ITRANSI.ATIONI 18MenachemAv. 5751 includes publication of a recently issued We have been requested to declare our view, da'as relevantpsak from the world-renowned Torah, with respect to the transplantation of a heart or other organs. for the benefit ofa sick person whose poskim Rabbi Shlomo Zalman Auerbach, life is in danger. at a time when the heart of the donor N"1"71:1, and Rabbi Yosef Sholom is beating and his entire brain including the brain stem is not functioning at all, which is known as "brain Elgashiv, N"V'"1il. It is expected that this death": It is our view that it is absolutely not pennis sible to remove any of his organs: and to do so would will complete the discussion of the topic involve the taking ofa life. in these pages. (Horav) Shlomo Zalman Auerbach - (Horav) YosefSholomElyashiv The Jewish Observer, October 1991 11 "A Matter ofLife and Death "-Revisited
Mishna, 2 repeated in the Gemora' and tomical decapitation results in CONFUSION: BRAINSTEM DEATH, PIKUACH NEFESH, AND codified in the Shulchan Aruch' No halachic death of the entire body even waffling, no ambiguity! Those who though the heart still beats and the HALACIDC INTEGRITY --~------cast doubt, even only the "doubt" of limbs twitch. The Talmud (Chulin the "machmirim" as to what my fa 2la) in its statement ">llWrupt" con To the Editor: ther-in-law said or meant to say, un cludes that anatomical decapitation In his article, "A Matter of Life and dermine the integrity of the entire is not an absolute requirement. Even Death: Organ Transplants and the halachic process that enables ourTo if no external wounding occurs, if the New RCA 'Health Care Proxy"' (JO rah to be a "Taras Chaim" connection (circulatory or neurologi June, '91), Chaim Dovid Zwiebel, There was no doubt about Reh cal?) between brain and body is inter Esq. questions vartous aspects of the rupted, the entire body is dead, i.e. health care proxy form developed by organismal death. Therefore, a the Medical Bio-Ethics Commission There was no doubt kohein must not enter the room; it Is of the Rabbinical Council of America. about Reb Moshe's forbidden to transgress the Sabbath As the chairman of that commission, psak. for such a "cadaver"; and there is a and as the author of the RCA proxy Indeed, he went so far as duty to bury the body. The clinical form, I wish to respond to the article, picture is descrtbed by Ras hi in Yorna and especially to dispel the confusion to communicate his 85a referring to a man buried under that has arisen in certain circles re rubble on Shabbos: "If he appears garding the views of Reh Moshe views clearly to secular clinically dead, does not move his Feinstein o"jrol upon which the RCA limbs, how much do you dig to deter health care proxy form is based. I government officials mine the truth?" The Talmud con pray that this summary of the views cludes "until you expose his nose" so of my sainted father-in-law, and considering legislation in as to determine if he makes any res analysis of the medical and halachic this vital area. piratory efforts because "the source of realities, now in the glare of public eye life is in the breath." of the Torah-committed readership of Brain-stem death, which is deter The Jewish Observer, will better serve Moshe's psak. Indeed, he went so far mined after careful neurological ex the goal of n'11:l '7l> nm '11:1? ,,,.. ~ as to communicate his views clearly amination, affirms that there is: com and resolve the confusion in this area to secular government officials con pletely unreactive pupils, no sponta of life-and-death decisions for those sidering legislation in this vital area. neous or elicited eye movements, no in need of vital organ transplants. Thus, on May 24, 1976, Reh Moshe motor response to stimulation; no gri "Reb Moshe" made psak look easy! wrote a letter in English to the Hon. macing, blink response, gag re A telephone response to questions in Herbert J. Miller, Chairman of the sponse; and no respiratory move volving life and death, issur v'hetter, N.Y. State Assembly Committee on ment, cough. sigh or hiccup, con monetary matters between partners, Health, in which he explicitly sup firmed by an apnea test in which pa neighbors, or family members took ports brain-death legislation, if total tient is hyperoxygenated prior to dis only minutes. But how he toiled, la absence of respiration is confirmed.* connecting the ventilator. 5 bored, searched, to determine the din That Reb Moshe subsequently sup One should not confuse a polio pa emes le'amito! The same was true ported a legislative religious exemp tient (or one who ate tainted food with respect to the issue at hand. It tion from the brain-death standard (8 botulism) who can talk, write, procre goes without saying that Reb Moshe Shvat 5737). despite his own ap ate, but requires a ventilator, with the spoke to cardiologists and radiolo proval of brain-stem death, was in "respiratory dead" patient we are dis gists, and discussed the medical re keeping with his life Jong behavior cussing. (See Rabbi J.D. Bleich's ar alities with them. And then, after an pattern never to demand "kablu ticle in Jewish Review, Dec. '89.) All exhaustive study of Shas and poskim, daati- Do as I say!" testing whether death occurred is he concluded that brain-stem death done only on patients who "appear" is tantamount to "hutaz rosho Clarification of Terms clinically dead ... not those choking on b'koach:' ' or decapitation. It is there and Concepts a piece of steak who need a Heimlich fore in concurrence with the classic "hug," not a coffin! definition of death found in the Now to resolve the confusion in the Brain stem death occurs when, minds of those whose background due to trauma, the brain swells, and 1 /gros Moshe, Y.D. III. 132 2 Ohalos 1,7 does not include training in Torah law the pressure in the skull rises to ex 3 Chulin2la and/ or biomedical sciences: ceed systemic blood pressure. The 4 YorehDe'ah370 (1) Brain stem death does not brain is therefore without blood or *Editor's Note: mean that the brain died and the oxygen for a period of time. Since Rabbi Tendler enclosed copies of several docu body lives. It is not analogous to car ments referred to in his letter, including Rabbi 5 Bleck, T.P. and Smith, M.C. "Diagnosing Death Moshe Feinstein's May 1976 letter to Assembly diac failure or liver failure, which is and Persistent Vegetative States,~ Journal ofCrl.ti man Miller and a handwritten note from Rabbi the failure of an organ. The Mishna cal Rlness 1989 4 (11}: 60-65 Dovtd Feinstein. (Ohalos 1:7) instructs us that ana- 6 Y.D. II- 146, 174, and C.M. II-72
12 The Jewish Observer. October 1991 ''AMatteroflifeandDeath''-Revisited
brain cells are extremely sensitive to father-tn-law. The key potnts are: statement there was also the recog enoxla, the cells die and begin to liq (a) It is a great mit.zva to donate nition that if the anencephalic is uefy (lyse), The best way to determine organs to save lives (lgros Moshe, placed on a ventilator, and brain brain stem death is by nuclide scan Y.D. II #174). stem death is subsequently ascer (b) Brain stem death is a ning, A harmless radioactive sub halachically proper way to deter tained, then organs may be removed. stance is injected thougb the I.V, tub mine that the patient had died. This policy statement was based ing already tn place, and a subse Mr. Zwiebel perpetuates the confu on the psak din of Reb Moshe and of quent picture taken with a portable sion by failing to note what is clearly the Chief Rabbis oflsrael. camera shows that blood circulation stated tn Reb Moshe's responsa: Mr. Zwiebel misreads the tnstruc ceases below the base of the brain, If - a patient who can breathe is tions tn the RCA Health Care Proxy. repeated 24 hours later, it is the considered alive; The instructions clearly state: "It is single most incontrovertible proof - a patient who appears clinically important that the Health Care Proxy that death had occurred. There has dead and cannot breathe is dead. you appoint be personally know never been an error made in deter The "unequivocal ruling" he al ledgeable in both medical and mining death by means of the neu ludes to (the removal of a donor's halachic considerations." He ac rological crtterta outlined above! heart is murder) was tn reference to a cuses; "The document labels as (2) Reb Moshe wrote five responsa patient who can breathe indepen optional ... to consult with halachic concerning determining time of dently. It is indeed murder by all authortty." Indeed it is an "optional" death. In three responsa 6 he clearly standards- halachic as well as secu choice- only if the one appointed as refers to the type of patient now lar law. proxy is not a halachic authortty. known in medical literature as Karen The "more strtngent" requirements The RCA and the Proxy Quinlan or Cruzan cases. He clearly of the Israeli Chief Rabbinate who defines his patient as yachol The Proxy is not "a new foray" by fully accept the psak of Reb Moshe linshom- can breathe independently. the RCA into the field of medical and pennit vital organ donations and 'This is Nara brain-stem dead patient halacha. In 1988, when Dr. Bailey therefore cardiac transplants from but one referred to as cerebral dead, was using anencephalic newborns as brain-stem death patients, are more or P.V.S., or locked-in syndrome. heart donors. the RCA Executive than adequately duplicated by the Such a patient is entitled to full medi Board (before the Halachic Commis standards of the American medical cal care as I expressed in my amicus sion was appotnted) issued a policy profession. Indeed, I asked Rabbi curiae brief to Supreme Court in the statement condemntng this practice Moshe Sherer (president of Agudath Cruzan case. In his fourth and fifth as murder. because although the up Israel of Amert ca), almost three years responsa on brain-stem death, Reb per brain did not develop, the neonate ago, to allow me to present the cor Moshe identifies the patient as: "the could breath tndependently. In that rect Torah view on brain-stem death doctors put him on a ventilator, so that he breathes even though he is dead- such breathing does not qualify to consider him alive." (Igros ARE YOU MOVING? Moshe Y.D. III #132) This psakis reit IS YOUR NAME AND ADDRESS PRINTED erated (C.M.II- 73) in his lengthy INCORRECTLY ON THE JO MAILING LABEL? responsum on critical care (viz., p. 304). We need your help to ensure proper delivery of the JO to your home. Please While the JO article refers to opin attach current mailing label in the space below, or print clearly your address ions of Rabbi Dovid Feinstetn (son of and computer processing numbers that are printed above your name on the Reb Moshe), itis noteworthy that Reb address label. David has never questioned his father's acceptance of brain-stem ADDRESS CHANGE FORM death as haiachically valid. 'This was (Affix label here) clearly, definitively stated in the tn vestigative report on Reb Moshe's opinion regardtng brain-stem death in ASSIA (December 1989); and, tn deed. Reb Dovid has written a note that affirms this fact.* (3) The RCA Health Care Proxy was Name------~ Add~ss ______designed to meet the needs of the To rah community tn ligbt of the Federal City, State, Zip------law known as the "Patient Self-Deter mination Act" to go tnto effect Decem Date Effective ______ber, 1991. !tis tn full accord with the Please allov.· 6-8 weeks for .:ill change~ to be reflected on your mailing label. VVE \.VILL NOT BE halachic norms promulgated by my RESPONSIBLE FOR BACK ISSUES MtSSED un!es5 you notify us 8 week~ prior to your move
The Jewish Obseroer, October 1991 13 ''AMatteroflifeandDeath"-Revisited to the Moetzes Gedolei Hatorah, and hers by physicians. As seen in the most half a centuiy, I cannot recall a then to join me in my effort to have sample copy that was prepared- NO clear psak from him on this issue. I nuclide scanning included in the New is also an answer. The intent is in can recall numerous conversations in York State Brain Death Bill. This is deed to direct the medical staff to of which his only expressed reservation the most stringent requirement- one fer care even though modem medical was to the accuracy and reproducibil I insist on, in eveiy case in which I am thought advises benign neglect. It is ity of the testing protocol. Rabbi consulted. not intended to offer the patient the Walfish- Executive Vice President of The General Directive in the RCA choice of refusing life saving therapy, the RCA. and also a talmid- asserts Proxy form to appoint a halachically unless it is in accord with halachic that the "Rav" did unequivocally ac knowledgeable proxy will be used by guidelines. cept brain-stem death as halachically most. The Detailed Directive- a first valid. Rabbi Walfish is a man of great draft issued so far only to Rabbontm Rabbi Soloveichik's View integrtty whose respect for halacha for their edification- directs attention and love of the "Rav" is second to to the real world. These are the ques Although a talmidofHagaon Horav none. tions that are asked of family mem- Yosef Dov Soloveichik N"""'1:> for al- I would also record that the "Rav'' established as RCA policy to support all halachic decisions of the Chief TARGUM PRESS proudly announces Rabbinate of Israel that are of inter national, not local import. The issue we are discussing now in %e Pu6{is/iing 'Event of tlie :Year the public arena must be resolved. Reb Moshe, '1'pun when alive, was the most beloved and respected posek of our generation because of his unim peachable integrtty and his Ahavas YisroeL I am convtnced that all who respect truth and hallow Torah law will continue to follow his instruc tions, and thus mertt the blessings of Hashem tl'Olm ':>:)r.i '"111 'Jl'tl. RABBI MOSHE Dovm TENDLER. i1N"'IVl ':J.i NlnT1 )ln?N pro> iroi ro'l!>' ,lT.l'l!>' 1!!N'1 Professor: Biology and Medical Ethics, Yeshiva University Rav: Community Synagogue of Monsey, New York
ALETTER FROM DR. YOELJAKOBOVITS
To the Editor: The debate regarding brain death and health care proxies (i.e. living wills) continues unabated. The is sues surrounding brain death (read ers may consult my article discussing the technical aspects of brain death in Tradition. 24(4), summer 1989) and those springing from the livtng will are really quite distinct, related A treasure trove for readers! More than forty talented women only in their temporal jwctaposition instruct, inspire, and entertain us. Enjoy gentle humor and high with the end of life. Regarding both drama, essays on contemporary life and memories of days gone those vexing topics, it is a wonder and by. A book you will treasure, a book that will endure. concern that communal organiza tions have, to some exient, usurped ----A TARGUM PRESS BOOK--- the traditional quintessential role of Dlstrlbuted by FELDHEIM PUBLISHERS individual Rabbonim. Although com 200 Airport Executive Park, SP.ring Valley, N .Y. 10977 munal organizations can provide in Tef. (914) 356-2282 I Toll free (800) 237-7149 dispensable help in designing guide-
14 The Jewish Observer. October 1991 ''A Matter ofLife and Death "-Revisited
lines for legally mandated docu ments, the specific issues, and par The whole concept of "advance directives" with ticularly those with direct impact on life and death decisions, ought to respect to forgoing terminal treatment is basically evolve through traditional avenues of halachic discourse and are outside quite foreign to the Jewish way of thinking. Frankly, I the purview of organizational policy statements and press releases. would be abrogating my responsibility as a Jewishly But let me turn rather to the spe cific topic of living wills, a subject of conscientious physician by throwing these decisions much more usual application than brain death. As a practicing physi onto the patients' shoulders. cian "tn the trenches," I can attest to the real need for some form of ad vance directive mechanism. These as assumed to exist under Constitu tn this country of Ethics Committees needs exist tndependently of, and an tional protection. These concepts, tn whose very existence emphasizes the tedate, governmental regulations. turn, flourished in the fertile ground extra-medical dimensions of health Our society's much vaunted plural of the "do-your-own-thtng" genera care, even though they are not often ism frequently leads to a surfeit of tion of the 1960's. These philoso bound to Torah ethics. fundamentally conflicting opinions phies are entirely alien Wlthtn a Torah I might add, parenthetically, that which surface durtng the extraordi framework. Even the widely-adopted it is quite remarkable that the very narily trying days and hours which term "living wills" assumes the imple sophistication of advanctng medical characterize our patients' modern, mentation of what used to be a docu technology has resulted in the cur technologically-mired death. Con ment of tnstructions for after death in rently widespread recognition- even flicts occur among physicians and the pre-death period, as if this were beyond our camp- of the indispens care-givers, lawyers and administra already the post-mortem pertod. The ability of applied ethics in medical tors, and- most tragically- among linguistic sleight of hand may not be practice. Many might have expected family members. Precise pre-knowl deliberate, but its subtlety can be the opposite: that the "scientification" edge of the patient's own wishes morally even more pernicious. of medicine would ultimately subvert would greatly reduce the tensions Granted, we have little choice but to its "sanctification." durtng the dytng period as well as the face the current norms as they exist, Mtndful of these considerations I guilt- which often follows. but as Jewishly committed physi prefer the simplest possible living will On the other hand, the whole con cians-and Rabbis and lawyers-we model, similar to the one described tn cept of "advance directives" with re should be dotng everything we can to The Jewish ObserverofTishrei 5 751 I spect to forgoing termtnal treatment discourage these trends, not to en September 1990. Such a document is basically quite foreign to the Jew courage them. should confine itself to directing the ish way of thtnkJng. Frankly, 1would physicians and family to consult with be abrogattng my responsibility as a Undermining the Role ofRabbis a qualified Rabbi tn the event ofter Jewishiy conscientious physician by and Physicians mtnal care decision malting - with throwtng these decisions onto the pa out any more detail than that. By re tients' shoulders. No airline pilot. for To my mtnd, the promotion of de lying on the proven traditional meth example, would be expected to con tailed living wills serves to undermtne ods of sho'el u'mayshiv, this tech sult with his passengers regarding both the role of the Rabbi and that of nique would augment the Rabbi's how to negotiate a cloud bank, even the physician in caring for patients. role, and hence that of halacha, while though his professional judgment It erodes the authortty and function also relieving the family of tnordtnate also has direct impact upon the very of the local Rabbi by malting a blan pressures and ensutng post-mortem lives of his clients. Furthermore, it ket halachic statement well before the guilt. At the same time, it would limit seems to me that the patient, being circumstances of the she'eila has oc physician's (non-halachic) bias and the most noge'ah bedavar, should tn curred, let alone been asked. This yet preserve the need to make specific fact have the least to say regarding approach also erodes the role of the clinical evaluations and recommen these capital decisions. Neither can I physician tn reaching a decision tai dations. find any halachic rationale to give the lored to the particulars of the case at family a decisive vote in the patient's hand, rather than ustng an "off-the YOELJAKOBOVITS,M.D. care. shelf' approach. 1 am not suggesting Baltimore, M.D. The truth is, of course, that the that doctors be allowed to make these whole parsha of Living Wills and Du decisions alone. Clearly doctors need Dr. Jakobovits maintains his medical practice on rable Powers of Attorney arises di halachic guidance tn these matters the Yeshiva Ner Israel campus, where he was a rectly from the contemporary secular which are not really medical deci talmid, as well as at Sinai Hospital. and is on the faculty of Johns Hopkins University. His article notions of personal autonomy, tndi sions at all. Therefore I welcome the "Kiddush Hashem in the House of Lords" appeared vidual rights, and self-determination recent tntroduction tn most hospitals in JO, April. '88.
The Jewish Observer, October 1991 15 ''A Matter oflife and Death "-Revisited
matters will make a careful case-by CHAIM DOVID ZWIEBEL halachic position; and with respect to REPLIES: the third, a highly controversial case evaluation of a multiplicity of halachic position. Rabbi Tendler's factors- e.g., thedegreeofpainsuf defense of the RCA document - fered by the patient, the nature of the My article for the Tammuz 5751/ which is surely definitive, coming as treatment, the medical prognosis - Summer 1991 Jewish Obseroer gen it does from the author of the docu before offertng specific guidance. (A erated a large and varied volume of ment - casts a new light on these Is number of these Issues are treated in reaction. It is encouraging that sues, and requires careful reconsid IggrosMoshe, II ChoshenMishpat73- people take such sensitive and com eration of my earlier contentions. 75.) A far cry, most certainly, from plex issues sertously. In offertng this the type of unequivocal "I do want - I reply to certain points raised by Rabbi (1) Personal Autonomy in Medical do not want" advance declaration Moshe David Tendler's letter, I fully Decision Making checklist offered in the RCA proxy share in Rabbi Tendler's prayer that form (see the following page].' the discussions in these pages will The back of the RCA document of Rabbi Tendler does not dispute help dispel some of the confusion that fers thefollowing'Torah Perspective": that It would be contrary to estab has surrounded these crttical issues "A quality of life that is burdensome lished halachic norms for a person to of life and death. to the patient may justify passive Eu choose In advance to refuse various This reply is divided into two paris. thanasia such as withholding resus types of life-sustaining treatment un Part I revisits the main points of my citation, blood pressure raising medi der some of the scenarios envisioned earlier article in light of Rabbi cation, or antibiotics. Only the pa by the RCA document. Hewrttes that Tendler's crttical comments. Part II tient and his/her proxy can declare a the "the RCA Proxy form makes clear reports on a significant development quality of life unacceptable." The that NO is also an answer" (I assume that occurred after my article had al proposition that halacha confers Rabbi Tendler means "I do want" ready gone to press, and reflects upon upon a patient or his proxy the au when he says "NO"]; and that the in the fundamental difference between thortty to "declare a quality of life un tent of this portion of the form is sim the approaches embodied In the Rab acceptable" based upon its being ply to enable an individual to "direct binical Council of Amertca's "Health "burdensome" would itself be quite a medical staff to offer care even Care Proxy" form and the "Halachic noteworthy. It becomes all the more though modern medical thought ad Living Will" form developed last year noteworthy when one examines an vises benign neglect. It Is not in by Agudath Israel of Amertca. earlier portion of the document, tended to offer the patient the choice which allows a peifectly healthy per· of refusing life-saving therapy, unless J, son, one who is neither a patient nor a it Is in accord with halachic guide proxy, to make a prospective declara lines." But if so, whyofferthemasses My article focused on three differ tion refusing to accept various forms an opportunity to choose a variety of ent aspects of the RCA's new health of treatment should it ever come to "I do not wanf' options that are not in care proxy form: (I) the broad au pass that at some point in the future accord with halachic guidelines? If thortty the form confers upon an in he will become afflicted with, for ex indeed the advance directive part of dividual to decline, in advance, vari ample, a non-terminal advanced the RCA proxy form is merely "a first ous forms oflife-sustainlngtreatment stage of Alzheimer's Disease. (See draft Issued so far only to Rabbonim under a variety of medical scenarios the following page]. for edification," and if the RCA in that may arise; (2) the failure of the To be sure, there may be Instances tends ever to issue a revised second form to state clearly that all health when halacha would permit a pa draft for public use, I would respect decisions are to be made in accor tient, or a family member or other fully suggest that at a minimum dance with hala.cha and under the outside person acting on an Incapaci guidance of a halachic authortty; and tated patient's behalf, to choose to 1 There is growing recognition even in secular circles that an advance medical directive of the "I (3) the form's Inclusion of an anatomi forgo certain forms of life-sustaining do want - I do not want" variety is sertously flawed. cal gift/ organ donation clause, based treatment. At a bare minimum, In its recent cover story on MChoosing Death," upon Its explicit and unequivocal though, it appears clear that the Newsweek (August 26, 1991) offered the following halachic endorsement of "brain halachic imperative to preserve hu observation: MEven patients, or families, who think they know death" (i.e., irreversible cessation of man life, even in diminished capacity, often do not. .. That's why the MICU [the Medi the entire brain function, including will often overcome the determination cal Intensive Care Unit at Boston's Beth Israel the brain stem, notwithstanding the of an individual or his proxy that his Hospital, where the Newsweek reporters did presence of spontaneous heartbeat "quality of life" is, or may at some sub their field research] staff regards 'liv:ing wills' as through the assistance ofa ventilator sequent time become, "burdensome" less than perlect: these documents stipulate what a patient will and will not want. but they or respirator). or "unacceptable." While the cannot anticipate the grim complexities of dis With respect to the first of these halachic scholarship on the subject is ease. . . It inay be better to designate a health points, my article contended, the RCA complex, the bottom line appears to proxy, someone who understands the patient's health care proxy form appears to be that these life and death decisions attitudes toward dying. The proxy is charged with making medical decisions when the patient embody an anti-halachic position; are highly fact-sensitive; and that cannot, and can weigh the specific circum with respect to the second, a non- poskim called upon to rule on such stances ofthe illness and the choices available.~
16 The Jewish Obseroer, October 1991 ''A Matter oflife and Death "-Revisited
J!lealtlj
lln'\l.n!ONA 81TUATION ll Stn11TTO,. C ljfnJ'1.TION 0 If I am in a coma ond. !n lhe opiniM 111 ha"" hra•n d.m"I!" or >Orne brain ii! h•· . ,wain damog< or"'"'" l>toin llY HllPICAL UllUtGTIVll If I am in• romo oc • """''"""' "'!j· "'"'""state an
such as rem """""""'""t111ing dnJ4I$ I<> fight cancer. h1vallh Slmpkl ~ Teetll: such as perl As shown above, the RCA's "Detailed Directive: Health Care Proxy - B" ls printed back to - back with the "General Health Care Proxy - A." The Detailed Directive allows individuals to make advance"! want - I do not want" choices on a large number of medtcal interventions, including.for example, "antibiotics" and "simple diagnostic tests," for a wide range of circumstances. those "I do not want" options which want" section was only a first draft for halachic considerations." contravene halacha be deleted. the edification of Rabbonim not yet But thatis only part ofwhat the in I would also respectfully suggest intended for public use. struction on the RCA form says. The that Rabbi Tendler and the central full instruction, as I have it, reads as RCA executive office need to do a bet (2) "Optional" Halo.chic Guidance follows: ter job of coordinating their approach "It is important that the Health to this issue. When the RCA pub To my article's obsetvation that the Care Proxy you appoint either be personally knowledgeable in both lished its new health care proxy form, RCA health care proxy form fails to the medical and halachic consider It issued a public news release an state explicitly that all health care de ations in making critical health care nouncing that "copies of the Health cisions are to be made in accordance decisions or that yoU specify the per· Care Proxy are available" to inter with halacha, and indeed that the sons your Health Care Proxy is to ested parties. An acquaintance of RCA document labels as "optional" consult or if you prefer, you may state at the discretion of my Health Care mine took the RCA up on its offer and the instruction that the proxy should Proxy." (Italics denote words omitted received in the mail a handsomely consult with Orthodox halachic au in Rabbi Tendler's letter.] printed document containing both thority prior to malting his decision, The instruction thus advises the the "General Directive" referred to by Rabbi Tendler responds that I have person filling out the form that he has Rabbi Tendler and the "Detailed Di misread the RCA form. In fact, he three options. The latter two - direct rective" which Rabbi Tendler believes writes, the form contains an explicit ing the proxy to consult designated is being distributed only to Rabbonim instruction which makes clear the persons, and leaving the matter en In draft form. To the best of my need to obtain halachic guidance: "It tirely to the proxy's discretion - say knowledge, the RCA never informed Is important that the Health Care nothing about halachic guidance. members of the public who requested Proxy you appoint be personally Rabbi Tendler's explanation that the the form that the "I do want - I do not knowledgeable in both medical and "option" to consult with halachic au- The Jewish Obseroer, October 1991 17 "AMatterof LifeandDeath"-Revisited thority is meant to be exercised if the poskim specifically rejecting brain printed elsewhere in this issue of the proxy himselfis notahalachic author death criteria and removal of organs JO) prohibiting the removal of organs ity is a welcome clarification, but it is from brain dead individuals. In the from a person whose heart is still entirely absent from the RCA form. months since I wrote my article, the beating. even if the entire brain. in controversial nature of the RCA's cluding the brain stem, has irrevers (3) Brain Death/Organ Donations brain death/organ donation p'sak ibly ceased functioning. (Reports has become even more pronounced. from Eretz Yisroel indicate that In my article, I raised two separate In addition to the various halachic shortly after Rabbi Auerbach and points concerning the RCA form's en authorities from many varied circles Rabbi Elyashiv issued their p' sak, dorsement of organ donations based whose names I cited in my article as they received a medical/halachic pre on its unequivocal statement that opponents of the brain death stan sentation offering a contrary perspec halacha accepts the concept of brain dard, two of the foremost contempo tive on the issues of brain death and death. rary poskei hador - Rabbi Shlomo organ donations. and urging them to My first point was that the issue Zalman Auerbach N"1:»'1!> and Rabbi reconsider their ruling; but that was far from settled in halachic Yosef Sholom Elyashiv N"t'.>"ro - have Rabbi Auerbach and Rabbi Elyashiv circles. with many contemporary now signed a clear written p'sak (re- rejected the presentation and instead reiterated their p'sak.) In addition, ------·--.---. several members of the RCA's own Va'ad Halacha have reportedly gone In Times on written record questioning the halachic validity of brain death crite ria. and requesting that the RCA re Like These, tract this aspect of its health care proxy form. 2 My second point was that the RCA You Need document's stated reliance upon Rav EMUNAH. 2 Indeed, there appears to be less than perfect una nimity even in secular medical circles as to the con cept of brain death. For example, in a September EMUNAH TORAH-TAPES, by Rabbi 1982 editorial in the Joumal of the American Medi Ezrlel Tauber, world.-renowned lecturer .and cal Association. Dr. Daniel Wickler and Dr. Mark author, help you tap into the well of inner Siegler take note of several clinical studies of preg nant women who suffered brain death yet were peace and faith you need to thrive in these maintained on life support for several weeks. nur difficult times. turtng their child in utero and ultiinately delivering Whether you are a beginner or the most healthy babies. They offer the folloWing observatlon: advanced scholar, Rabbi Tauber has a tape for "Now we are told that a brain-dead patient can you. From UBusiness and Torah" to "How to nurture a child in the womb, which permits live Obtain Happiness" .and .the writings of the birth several weeks 'post morte1n. · Perhaps this is the straw that breaks the conceptual camel's Maharal, each of his more than 1,800 tapes back. . The death of the brain seems not to explains another facet of the Torah outl.ook serve as a boundary; it is a tragic. ultimately with a clarity that is both profound and yet fatal loss, but not death itself. Probably death easy-to-understand. Think ()f them as a new occurs later, when integrated functioning pair of glasses to view .the world. And at $3 ceases." Ors. Joseph C. Evers and Paul A Byrne offer per tape ($12 per vicjeo), they are easily yet another medical perspective on the issue in the affordable. In times 1.ike these, can you afford Fall 1990 edition of Pharos MedicalJownat not to fortify yourself with EMUNAH? "We believe that there can be destruction of the Call (914) 35fi-3SlS or write to us for a entire brain, but there has not been found any free catalogue. You tan also order Rabbi Tau' criteria that has been established to rell.ably ber's books directly from us: detennine this. A cessation of brain function Is not the same as destruction. At the present To Become One 'The Secrei To S1,1cteS..~£u1 Marrlagc. state of the art of medicine, a patient with de 1%pp.'Sl0's,c. stnlction of the entire brain is. at the most. only Torah 011tlook On I Sh311 Not Want The Business, mortally wounded. but not yet dead. Death Expanded 2nd Edition 16Q pp, Sll h.e, S8 s.C.. ought not be declared unless and until there is may even be th111 book you always Choose Llfel "... destruction of the respiratory and circulatory wanted to give your 11on-ObseNan1 friend •.," Yate(! Ne'eman. systen1s and the enlire brain." 256 pp. SIS b.~. $12 sx I do not mean to suggest that these Vie'WS rep resent a commonly held consensus within the medical community. Nonetheless, the fact remains 'Emunah 'Iorali 'Tapes that there is controversy even within secular medi P.O. Box361•Monsey,NY10952• (914) 356-3515 cal circles over the concept ofbrain death, and that at least some medical researchers would take ___j strong issue with the equation of brain death and ~physiological decapitation." 18 The Jewish Obseroer. October 1991 "A Matter of life and Death "-Revisited Moshe Feinstein 7"yt, and, cnn'n71::i>, Rabbi Yosef Dov Soloveichik and the Israeli Chief Rabbinate, was itself controversial - in the case of Rabbi Feinstein, because a number of Subscribe now to Rabbonim have offered vaiylng inter pretations of his teshuvos in the field; The Jewish Observer in the case of Rabbi Soloveichik, be cause members of his family firmly deny that he ever issued a ruling on and$AVE the subject; and in the case of the Is raeli Chief Rabbinate, because its p'sak authorizing transplant sur Become a monthly subscriber geons at Hadassah Hospital in to The Jewish Observer and Jerusalem to remove hearts from save up to 47% off the single brain dead persons was accompanied by a number of stringent conditions copy price (a savings of over that do not appear in the RCA docu $40.). The longer you sub· ment. scribe for, the more you save. The Reservations of Rabbi Soloveichik and the Rabbanut Rabbi And this introductory offer is fully guaranteed. You have but to ask and you will receive Tendler recalls numerous conversa a prompt refund on any undelivered issues should you decide to cancel at any time, tions with Rabbi Yosef Dov for any reason. Soloveichik "in which his only ex pressed reservation was to the accu Each month, The Jewish Observer will be delivered directly to your door, filled racy and reproducibility of the testing with the views of leading Torah thinkers on current issues .. _comments on the protocol." Given Rabbi Tendler's rec strengths and foibles within the Jewish community ... analysis of contemporary ollection of that reservation, it is ail Jewish events ... inside reporting, interpretive commentary, inspiring biographies, the more difficult to comprehend how infuriating letters and illuminating response'i-all within the covers of one magazine, the RCA could claim reliance on The Jewish Observer. Rabbi Soloveichik in promoting an So don't delay. Check the money-saving terms below and send in your order right organ donation policy for masses of away. We'll try to get your order filled in time for our very next issue. American Jews. For even if the RCA form is correct that Rabbi Soloveichik does accept the concept of brain :------. SUBSCRIPTION SAVINGS CERTIFICATE : death - a contention vigorously dis : THE~_! Suite 1200 • 84 William Street : puted by close members of Rabbi I ~f:RVER New York, N.Y. 10038 1 Soloveichik's family and by certain of I I his tabnidim - its endorsement ofor I 0 YES! Please enter my subscription for: USA 'OUTSIDE I ONLY USA 1 gan donations must inevitably rely ------·· ------upon something Rabbi Tendler heard 0 3 years-at 47°/o ofl the cover price $48 0 $78 'I Rabbi Soloveichik question: the ac I 0 2 years-at 40°/o off the cover price $36 0 $56 curacy and reproducibility of the 0 1 year - at 27°/o off the cover price $22 0 $32 brain death testing protocol. *Price reflects $10 extra per year to defray air shipping costs. Foreign In a similar vein, one of the express p The Jewish Observer. October 1991 19 "A Matter of Life and Death "-Revisited thority be involved in the medical de did not support brain death has gen brain death. why would he continue termination of brain death. Moreover, erated a f!}:eat deal of scholarly atten In 5738 to label heart transplants the Rabbanut expressly limited its tion and debate." Rabbi Tendler's Jet murder of the donor (Iggros Moshe, II conditional endorsement of heart ter presents one side of the debate. ChosenMlshpat72)? As I wrote in my transplants to cases where the donor The fact remains, however, that there article, the 5738 p'sakwould seem to is an accident victim. No such ltmita is another side. As Rabbi Tendler him imply either that Rabbi Feinstein re tion appears in the RCA form. I ques selfhas aclmowledged, in an article he jected the concept of brain death en tion whether the Rabbanut Itself co-authored with Dr. Fred Rosner for tirely, or that he did not consider the would endorse the RCA form. the Journal of Halacha and Contem tests used to ascertain brain death In fact, I am unable to understand porary Society (Pesach 5 7 49 /Spring halachically sufficient, or that he felt Rabbi Tendler's own endorsement of the 1989), the view that "Rabbi Feinstein's the transplant doctors could not be RCAform. Hewritesthathealwaysin written responsa ... indicate that Jew relied upon to wait for brain death sists on a particular test to determine ish law clearly recognizes that death before removing the donor's heart. brain death - nuclide scanning - occurs before all organs cease func I do not understand Rabbi which is "the most stringent require tioning . . . is our interpretation, not Tendler's response to this point. He ment." Yet doctors I have consulted tell necessarily accepted by others." writes that Rabbi Feinstein's un methatnuclidescanningisnottypically Among the "others" who interpret equivocal 5738 ruling "was in refer performed in determining brain death. Rabbi Feinstein's writings as provid ence to a patient who can breathe in Ifthe test that Is typically performed fails ing no support for the concept of dependently. It Is indeed murder by to demonstrate brain death with the de brain death are Rabbi Aaron all standards - halachlc as well as f!ree of certainty Rabbi Tendler always Soloveichik and Rabbi Yehudah secular law." On this latter point insists upon, why is he not concerned David Bleich. 3 Both of these Rabbi Tendler is most assuredly cor that the RCA document will result in vi Rabbontm make the observation I re rect: Removal of a heart from a pa tal organs being removed from individu lated in my earlier article: If it is true tient who is still capable of indepen als before they have in fact died? that In his 5 736 teshuva to Rabbi dent respiration is an act of murder Rabbi Moshe Fetnstetn's Views: In Tendler (lggros Moshe, Ill YorehDe'ah even under secular law. Apparently, my article, I wrote: ''The question of 132), Rabbi Feinstein specifically en then. Rabbi Tendler Is attributing to whether Rabbi Moshe Feinstein did or dorsed the use of a test to establish Rabbi Feinstein the view in 5 738 that transplant surgeons were committing --~·-··"""" murder under secular law by remov ...... "MY CLIENTS ARE AMAZED.. ing hearts from still-breathing donors - despite the fact that at that time (at AT THE SERVICE ANO least since 5736) the criteria for mea SAVINGS ON THEIR suring brain death already existed. If INSURANCE-BUSINESS Rabbi Feinsteln's assumption in INSURANCE 5738, halacha l'maaseh, was that 011 l'ERSONAL" One i:llue Hiii Plaza. Suite 1024 ~ River. NY 10965 transplant surgeons were committing /RV/NB SAFRIN Tel: (914) 620-1800 murder, and that therefore heart donations could not be permitted, what has changed in the years since that would cause the RCA to discard that assumption? INVESTMENT MANAGEMENT It is true that in his 5728 teshuva to the late Dayan Yitzchok Yaakov Low Risk, Low Volatility Investment Portfolios Weiss (Iggros Moshe, II Yoreh De'ah 174), Rabbi Feinstein explicitly en That Yield Impressive Returns. couraged relatives of a dead person to consent to the removal of the FEE ONLY. decedent's organs for the purpose of NO SALES OR COMMISSIONS. saving another life. But nothing in that p'sak deals with the criteria by NO CHARGE FOR INITIAL CONSULTATION. which death is to be determined; lI1 NO OBLIGATION. fact, that p'sak is part of the same (914) 352-1919 3An English-language presentation by Rabbi Soloveichik appears in the Pesach 5749/Spring 1989 edition of the JoumalojHalachaandContem· FEIVEL KIRSHENBAUM, PH.D. porary Society. One of Rabbi Bleich's many writ REGISTERED INVESTMENT ADVISOR ten presentations on the subject appears in the Spring 1989 edition of TI-adition, the RCA's own English-language journal of halacha. 20 The Jewish Observer, October 1991 "A Matter of Life and Death "-Revisited teshuvain which Rabbi Feinstein first n'::>ntv;i "l'nn':; m::mi '::>x;w''::> n•tux"l:i rlll::n;i :1mx;i "llJ'"' o is on a respirator - requires a leap of labeled heart transplants an act of O'Kln::l "D''::>tv1"l'::l ;it;n;i 'Xl!Ji'1 l::l"ltl::l (''nlW:n•,trJ!)lr.l) ::i'::> logic that appears nowhere in Rabbi ·C'IClrT 4 murder upon the donor. Moreover, as ,,tlX\U '!)::l C"l1Iltl C,w 1mn IUl'J?., tl'l<:li1;'! ". J C1'P (!< Feinstein's published writings. ..,.,:Vr.l., I reported in my article, Rabbi Dovid ni'IY:::I. l<'m "tln:t 7K"i!l1"7 n"1Vwirr nil:ri;r l'Yl ~in•tu (:l The Agudath Israel of America ar ."trmin 'Jtu mil:! nK !1::npti Feinstein has told me that his father's ;ir.i•tu"l 11!'11' "mx•"l:l.'1 "l"ltur.i ,,, .,:v ;mr.i• m l'Yl chives contains an Internal diary rulings do not necessarily imply that "'1l\UJ C:V!l ,"l";ii;i •"j,1 r11K'"lJ;i "li\UlJ., 1illll"l\U memorandum written by Agudath inr.i71nnotur.i 'IK C"l1n; .,tu :inJ:l ."1r.lJ0."1 wx"lr.l Jrll'l'1 {l he would have encouraged people to .":l7;i l'1r.l1"ll'1 Israel's president Rabbi Moshe Sherer t'J1l'1'WJ mx•;:i,; "l"ltur.i cy1ni tn1'7ll :ipyr.i l'1"1lTI nr.ip;i ("1 fill out an RCA-type standardized 'i?r.l 7::i np•iJ., (review committee) Y'1"l;i c:v during the months of April and May "7Kitu'J J7,, m7nw,, form to make a general anatomical tl''r.!l'1 7::i nx m•YiK nupn:l l!Jp' ,;11<:'iJ,; 1;wr.i pi 1976, when the New York State legis gtfi of their own organs after death. ."7"J'1 lature was considering the proposed Rabbi Tendler cites Rabbi "m1'1 lJllU '["'I'll' l'i< 7 9'3ttl:::I tl'b'.'tl!l!:l..'T ll'IOM r\'JJp., "lll: (S brain death legislation cited above. .1<'J'l:("11t1•:::1 ;i.? nl?T!M Y\Y•::t'; Feinstein's May 24, 1976 letter to As This was also the time that Rabbi semblyman Herbert J. Miller "in An excerpt from the p'sak of the Israeli Feinstein issued his 5736 teshuva. which," Rabbi Tendler writes, "he ex Chief Rabbinate regarding heart Rabbi Sherer's cliary reports on several plicitly supports brain-death legisla transplants: 1 Cheshvan, 5747. conversations he had with Rabbi tion, if total absence of respiration is Feinstein which make quite clear that confirmed." I have reviewed the let dence that the person has irreversibly Rabbi Feinstein opposed using the ter, as well as other materials in Agu ceased breathing. Accordingly, he brain death test in cases where the dath Israel ofAmerica's archives that writes to Rabbi Tendler: patient is breathing through a respi provide its context, and I see no such "Since you tell me that there is rator. Following are two excerpts from explicit support. What is explicit is now a test whereby big doctors are Rabbi Sherer's cliary: the letter's rejection of proposed brain able through the injection of a cer "May 11 [,1976], 11:15 AM. - tain liquid through the veins to as Phoned Rabbi Feinstein to ask for death legislation. The proposed law certain that the connection between read in critical part as follows: his meaning of the psak re: 'blood the brain and the rest of the body flow' test of Rabbi Tendler. He said: "If artificial means of support has been severed i.e. that if this liq preclude a determination that (a uid does not reach the brain it is 1'N:'.:I pN t'1'J 11N ,N1r.nn N r.,1,:i t'N'O person's spontaneous respiratory clear that the brain no longer has .\Jiy;>opy 11n and circulatory functions] have [ir any connection to the body and also reversibly] ceased, a person shall be that the brain has become de ['It is only a stringency, and only in pronounced dead if in the an stroyed (nirkav] entirely so that it is nounced opinion of a physician cases of an accident.'] I then asked: as if the head has been chopped off What is the 'din' if an ordinary sick based on ordinary standards of by force, therefore we should be medical practice such person has person on a respirator is breathing stringent [yesh lanu l'hachmir! with and has a heartbeat. but we don't experienced a total and irreversible such an individual [an accident vic cessation ofbrain function." know whether he would continue tim] that even though he feels noth breathing if the respirator is re Rabbi Feinstein's unequivocal ad ing even through a needle prick and moved - can we then trust the vice to Assemblyman Miller: 'This bill even though he is not breathing at 'blood flow' test to detennine death? as written is and has always been all without a respirator [the doctors] Rabbi Feinstein's reply: unacceptable." The letter then goes should not conclude that he is dead on to spell out the requirements for until they perform this test and if N tN 1N'p ))JJ'l'O)Jl JNn l'N ,"') '01l'!:>J they see that there is a connection 11Ynn>1N IJ'l 1Yr.l lN\J lYPlNlp lY,Nr.llNl any bill defining death. In so doing, between the brain and the body de lY; 11N - \Jr.lY\JN lY '.l'1N 1'1'JNY.l >; Rabbi Feinstein does state clearly 1 spite the fact that he is not breath Ni>J1n N t'1'J t'N'O . "')1Nl \J)H>J '\JO).l\J that "lthe] sole criterion of death is the ing they should place the respirator total cessation of spontaneous respi in his mouth even for a long time, . O\JJY;>upy p}/11 ration." Nowhere. however, does the and only when they see through ['Explicitly not. I wrote clearly that letter state that the brain death test this test that there is no connection with an ordinary sick person one is between the brain and the body can not pennitted to stop the machine should be used as a means of ascer they conclude by virtue of the fuct taining total cessation of spontane if he is breathing - and the test that he is not breathing that he is means nothing. It is only a strin ous respiration. dead." [Literal translation: empha gency concerning accidents.'] Rabbi Feinstein's 5736 teshuva sis added.] "May 12, 9:30 A.M. - Rabbi merits closer examination. In it, he The language of this teshuva Feinstein phoned ... Rabbi considers (among other things) the would appear to suggest that Rabbi Feinstein repeated explicitly what case of an individual who has suf Feinstein endorsed performance of fered an accident that causes him to the brain death test only as a chumra 4 The language of the teshuva would also appear to stop breathing. Cessation of respira (stringency) in specialized cases suggest that Rabbi Feinstein relied for his informa tion in that case, observes Rabbi where the standard test for measur tion about the brain death test. including his state ment that the test demonstrated total destruction Feinstein, may only be temporary; ing irreversible absence of respiration of the brain. upon the representations of Rabbi and the traditional means of ascer may not be conclusive. To proceed Tendler. Close members of Rabbi Feinstein's fam taining absence ofrespiration - i.e., from that chumra to a generalized en ily have in fact informed me that statements in by placing a feather near the person's dorsement of brain death testing - Rabbi Feinstein's teshuvos describing medical even, for example, where the person metzius may not necessarily reflect his own per nostrils - may not be conclusive evi- sonal lmowledge. The Jewish Observer. October 1991 21 ''A Matter of Life and Death "-Revisited he had said yesterday, that the death and who do not allow organ develop a form that does not embody 'blood flow' test is only a 'chumra' in transplants. . .. We urge our col any specific halachic viewpoint, but accidents. To my question as to leagues to study the issues involved instead merely enables each indi whether a 'blood flow' test has any veiy carefully. since they are virtu significance when a patient is ally matters of life and death. No vidual to declare that all health care breathing only through a respira health care proxy should be used decisions made on his behalf in the tor, Rabbi Feinstein replied: until you have thoroughly studied event that he becomes incapacitated the issue and until you have con should be made in accordance with )"N ,:t.,1'l'Yl 1N;.p J.Nil 1'>N '>)) \.T') lNi'1N 1 sulted experts in the field." halacha, and then gives the indi )Y!l ,N" "t>Y" ,y; )lN - pt>~ )l~ llN~lN This statement Is most welcome. vidual an opportunity to designate . t>t>ll N 1N"T l'N ,y ,,,,, PN!l "'l ,,~~ Still, to the best of my knowledge, the the specific halachic authority whose health care proxy document itself re ['Certainly not, as 1clearly wrote in guidance he wishes his agent to fol the beginning of the p'sak - and mains intact; the RCA as an organi low whenever questions ofJewish law the test should not be performed al zation still stands behind its form: arise. together since the person is after all and there has been no public ac This latter approach, endorsed by a gases [in the throes of death].']" knowledgment of the controversial Or. Jakobovits' letter, is precisely the Let me state clearly that it is not nature of the piskei halacha embod approach embodied in the "Halachic my purpose in offering this veiy brief ied In the form, despite the broad Living Will" form .developed more and Incomplete overview of Rabbi publicity the form received upon its than a year ago by Agudath Israel of Feinstein's written statements to ex initial introduction. America, under the direction of its press my personal disagreement with It is that absence of public Moetzes GedoleiHaTorah. Rabbi Tendler's exposition of his fa acknowledgement that prompted me Unlike the RCA form, the Agudath ther-in-law's position. I fully concede to write my initial article. A health Israel Halachic Living Will makes no that! am only a layman, expert in nei care proxy form, after all, Is a docu effort to anticipate various medical ther p'sak halacha nor medical sci ment designed to be used by masses scenarios that may arise. It does not ence, and I have no standing to agree of people - some of them knowledge afford people an opportunity to insert or disagree with one interpretation or able in halacha. many of them Igno their own personal predilections, the other of Rabbi Felnstein's writ rant. Members of the public who which may not conform to halacha. It ings. I certainly have no personal choose to sign such a form rather issues no piskei halachaon substan knowledge of any unpublished state than a standard secular living will/ tive issues that divide contemporary ments by Rabbi Feinstein, written or health care proxy form do so because poskim. It can easily be used by per oral, that might shed further light on they are looking for something sons on either side of the brain his views. My point in this section is special: a degree of protection and death/organ donation debate. In simply to observe and report, as oth assurance that medical decisions short, the Agudath Israel form follows ers greater than I have already done, made on their behalf when they are in the path which Rabbi Tendler so that Rabbi Feinstein's published writ incapable of making them on their correctly points out was established ings are susceptible of an interpreta own will fully conform with halacha. by the longstanding chairman of the tion contraiy to the one upon which But sometimes there is no clear Moetzes Gedolei HaTorah, Rabbi the RCA's health care proxy form is consensus as to what the halachare Moshe Feinstein, of not seeking to based. qulres or permits in any given cir tmpose a viewpoint of"kabluda'ati" cumstances. Sometimes - such as To the RCA's credit, Its president n. with respect to the issues of brain Rabbi Angel has now offered to make death and organ donations - there the Agudath Israel document avail The RCA has now taken at least are even serious conflicts among able to all RCA members (though in one small step to soften the unequivo halachic authorities. his offer Rabbi Angel misstates that cal nature of its health care proxy Given those realities, there are two the Agudath Israel form "does not ac form. In a cover letter circulating the basic approaches one might adopt in cept brain death or organ transplan form to RCA Rabbonim around the developing a health care proxy /living tation"). One can only hope that RCA countiy early this summer, after my will document for broad public use. rabbonim will look beyond organiza earlier article had gone to press and The first is to adopt a veiy specific tional labels and objectively consider other criticisms had emerged, Rabbi halachicviewpotnt, and then promul the pros and cons of the varying ap Marc O. Angel, president of the RCA, gate it among the masses under the proaches reflected in the two respec acknowledged that not eveiybody philosophyof"kabluda'atf - accept tive organizational forms. • would agree with the halachic view my particular halachic viewpoint in points embodied in the form: signing this form, despite the fact that "We recognize that the issues of other respected halachic figures may brain death and organ transplanta disagree. That, essentially, is the ap ii For more information on l tion are controversial. Certainly, proach embodied in the RCA form, at there are great rabb1nic authortties Living Will, or to receive your least with respect to the issues of I "'" """""' ,,=, ""'"""' I - including members of the cur copy please call 212-797-9000 rent [RCA] Va' ad Halacha Commis brain death and organ donations. sion - who do not accept brain The other possible approach is to 22 The Jewish Obseroer. October 1991 A TIME TO SAVE Marina is an inspiration. But what lighted: "My children have an opportu of the 350,000 Russian immigrants nity to teach me what I never learned." aving a human life can have who will be in Israel by the end of the Sonya is puzzled. Her 7-year-old many scenarios- from div year? Or the 1, 000, 000 who are pro daughter came homefrom school one S ing into an ocean to pull out a jected within the next five years? day with a Siddur in her backpack, drowning body, to feeding a starving During this past year, Gedolei Yisroel and became hysterical when the man a nutritious meal. And as the took the lead and launched "Re mother unwittingly placed the pack on miracle of the Russian ingathering in turn,"* an organization dedicated to the floor. "I must learn the rules, or Eretz Yisroel unfolds before our eyes, reaching out with Torah to the Rus we're in trouble." Sonya commented. no less dramatic is the life-saving sian olim [as discussed in Mr. mission that has fallen into our laps Biderman's article. 'The Sm1etAliya: HEADING THEM OFF today- saving hundreds of thou Responding to the Challenge," fea AT THE PASS sands of souls from drowning in the tured in the Dec. '90 JO- Editor]. sea of assimilation, from stanration Indeed, Return has entered the ssian immigrants have a for want of spiritual sustenance. picture, attempting to raise funds to eputation for learning to be Viewing Soviet aliya from that per provide Torah education and expo R ome westernized at lightning spective makes it not only one of the sure to as many of the 150,000 chil speed. And part of that. of course, greatest blessings, but one of the dren as possible, who might other entails sending their children to the greatest challenges of our lifetimes. wise be sucked into the world of secu best oflsrael's secular schools. But "In Russia, they didn't teach us larism and assimilation. some become devastated by the lack how to live. Here you are teaching us Ella. whose two sons Al& and Vic· of moral conduct between the sexes the holy Torah You are showing us tor learn in a religious school in and the rampant disrespect for teach how to live," B·year-old Marina told Netanya whose Russian program is ers, and many of them opt for reli the principal of the Chinuch Atzmai fended by Return, reports that every gious schools. where the children are school she attends, after reciting the time she and her sons sit down to eat taught respect for parents and elders. Aseres Hadibros (the Ten Command they aU wash their hands and recite And although most Russians have ments) by heart. the beracha along with her. EUa is de· next to no knowledge of Yiddishkeit many are genuinely curious-before Avraham Biderman, a n-uLSmachofMesiVta Torah *At this \vriting Return has provided 25 new class· Vodaath. was the New York City Finance Comntis· rooms to help schools accon1modate 800 immi the anti-religious Russian papers sioner in the Koch adntin:istration. He is member of grant children in 7 different Israe11 cities, and spon brainwash them about how the the lay board ofdtrectors of Return. described in this sored 22 summer camps in 15 Israeli cities which chareidirn are "taking away" govern article, located at 39 Broadway. Suite 3300. NYC. served 2,800 immigrant children. ment funds and housing that are ear- The Jewish Observer. October 1991 23 SUMMER CAMP NA TANV A 1991 SUPPORTED BY RETURN Avraham Av!nu? He didn't know. And although most Yorn K!ppur? Oh, yes, the yowig man responded. On that day my family Russians have next to no would gather together for a big meaL How dear was this meal to Hashem knowledge of Yiddishkeit, .from a sincere family whose last ves many are genuinely tiges of Judaism had all but been wiped out by the Soviet machine! curious-before the anti religious Russian papers THE FOUNDATION FOR MIRACLES brainwash them about how urn doesn't run by a the chareidim are "taking iracle-or perhaps it does, away" government funds Rabbi Shmuel Kamenetzky, Rosh ffiter all. All of its programs Yeshiva, Philadelphia, visiting Natanya. require some heavy pocket-dipping. and housing that are Religious schools are willing to ab FROM HAPPY VACATIONS TO sorb Russian immigrant children, earmarked for olim. PRODUCTIVE SCHOOLTIME but that alone can't do the job. Schools are already overcrowded, marked for olim. (The truth is that n astonishing 2,800 youths and in some schools which have dedicated organizations involved in participated in Return-spon managed to absorb Russians on their helping Russians discover their heri A sored sleep-away camps this own, conditions are abysmal. So tage find the little government fond past summer. The camps provided a while thousands of children arrive in ing they"ve received betng cut. as any creative Torah-oriented agenda for Israel every week, only a handful can project geared toward spiritual ab children whose summer alternative be accommodated in existing schools sorption is attacked by the media and would be hanging out on the streets, and afternoon programs. the secularists as "religious coer or sitting in front of the 1V at best. Providing classroom space for just cion.") The camps also serve as a bridge be 10,000 of the 150,000 who will have Starting this fall. Return will be tween one school and the next for arrived by the end of this year will cost sponsoring Russian-speaking advi those children already enrolled in re $7 million. This last year alone, Re sors in religious schools, who will be ligious schools, and as a tool of posi turn subsidized the Jewish education on staff to provide a vital link between tive exposure for those considering ofover l,lOOchildren. Thisnextyear, the school and the parents- who can enrolling in religious schools in the the number will double. That means barely understand enough Hebrew to fall. Hundreds of children who attend 2,000 children; and their families go get through the supermarket line and the camps have already registered for along with them. The momentum generally throw their hands up help religious schools. can be great if the commitment is lessly when it comes to selecting edu What happens after elementary there- from the broad public. cation for their children. And, true to school? Return supports a high But how strong can the tempting its goal of incorporating the parents school for boys in Jerusalem's Bayit call of a live-for-now secular society into the religious voyage of their chil Vegan run by Karlin-Stalin, as well as be when it's put against the eternal dren. the organization sponsors a "Peduyim LeTzion," a mechina ye truth of Torah life? A child's weekly program for parents, to tnform shiva geared toward mainstreaming untainted essence will always provide them of the Jewish subject material Russian immigrants into Israeli ye the right answer. and practices the children are learn shivos. Baruch(Boris}andina, brotherand ing. This makes the transition much One student was asked by a stqjf sister. are both enrolled in Return easier, the family atmosphere member if he recalled any remnant of funded Chinuch Atzmai schools in healthier, and the parents willing to Jewish tradition from his family in Natanya. Baruch already knows absorb and learn as well. Russia. Shabbos? Itdidn'tringabelL pages ofGemora by heart, and start- ! ing this fa/L their parents willfollow in their footsteps. The mother will be Considering a move studying in Neve Yerushalayim and the father in Ohr Somayach. toMOIVSEY? It is within our hands to make the prophetic words come true- "that the For careful attention to your hearts of the fathers will be returned to the sons, and the hearts of the sons individual needs, call us today! to their fathers." Not only for Baruch (914) 354-8445 and Ina, but for this entire, miracu lous generation. • 24 The Jewish Obseroer. October 1991 Outreach to Russian Jewry: An Update Shulamis Halpern ShoroshimMeans lwroshim means "roots." and DOWN TO THE BASICS · SJLt\BBOS 101. that was. the mlderlying S theme of the· summer experi lthough many of the campers hegirlsexperiehcedJlrsthand ence. Basics ... sta.rting at square were already attending yeshi how to prepare fm: Shabbos, one.,;.noassumptions made about A vas, we knew where we had to T. . which included challah and each camper's Jewish.educational. sta.rt with them- atlevel one. Kiruv cookie baking; •They learned how to background. does not end when a gtrl with no Jew dress one's be.st for that special day: Tuesday, Jline 25, the buses filled ish background is attendingyeshiva. Shabbos songs, in Hebrew arid F:q with 120·qunpers, arrived at Camp In fact, that is just where kiruv begins! gllsh, Shabbos stories .... Finally, .the Shoroshilil.'in Glen Spey, N.Y. Off the From the mtnute they awoke in the gtrls were taught how to live Shabbos buses marched Regina; M STARTING AT THE ROOTS The Jewish Observer, October 1991 25 morning, it was Rosh Hashanah, with the sounding of the shofar and With tears in her eyes, Lines From the scales of justice. The Aseres Shoroshim Campers Y'mei Teshuva followed with girls Rivka recounted her sending "Mechilla-grams" to one an . . . I other. In this manner, the camp cel experiences, 1mpress1ng l ebrated all the other Jewish holidays hen the great tzaddikim / of the year. the campers with her came to this camp, I. was . W just proud to meet them i motivation and strength of inperson. OnewasRabbiPam,and J j the .second one was the Novom!n- i persistence. Then came ! sker Rebbe. It was the mostimpor- I , t(lllt day In my life. I've never met i questions of such Jmport(lllt Rabbis In my life. j I. The blessings they gave. us will al- 1 why and how 'ways and always remain In.my i I heart. And that Hashem will s01ne- j to .... Several day accept my sorrows. i .: .And to myself I've learned a. lot. i campers were · Like to say hardly any j..oshon H<:>ra. I 1 I'm not perfect though. I watch my- I overheard I self carefi!lly on that especially. 1 DALIA G!LKAROV, BUNKYUDALEF. I saying to one , n , 1 another, "If she when I was in Soviet 1' ·. · . Union I thought that, could do it, so I there was nothing tllat. I can I!" ', was more majestic than the tomb I ! of Lenin in front of the Kremliµ. I 1 The Novomtnsker Rebbe on a visit to Camp Shoroshim. couldn't even think aboutcompar- I 1 ingittoanything.becauseitwasso I ' big and evecyone wanted to get in i THE JEWISH FAMILY 101 THE FUTURE 1 there to see Lenin's coffin. But i 1 when I came here, in Ametica, in I nfortunately, many of the ere we successful? Yes, 1 this camp, full of happiness and i girls came from broken fami with the help of the Al· laughter even more majestic and I U lies. In Camp Shoroshim, W mighty we were successful beautifi!l. Gold stririgs of the sun j where there were eight families, the with every single girl. How do we i that was going down, dropping on I campers really had a chance to see know? , the high trees which are st(lllding J the closeness and harmony within To answer that, we must first ask on the bank of the transparent ! Orthodox Jewish families, and fall in some other questions. What does lake, and green grass with drops of j love with the klds! success mean? I wateronit. Itfillsmyheartw!ththe 1 What is fair to expect from girls I feeling which I don't understand. i HOW TO BE A RELIGIOUS GIRL IN born in a culture of atheism, who Only here I've got that all the world's I ANON-RELIGIOUS HOME 101 come from families with no knowl I beautycannotexistbyitself. Some- I edge of our way of life, and little ap one had to create all this and this I spontaneous talk was given preciation for it? 1 someonewasourG-d. I by Rivka, a lovely, articulate We felt we had met with success Only here, in Ametica, and in i A Shabbos guest at Camp when Gelena, a public school student, this Jewish Family in which I and I Shoroshim, who herself was a ba'alas made a clay plaque durtng her ceram· j a lot of others got in. At last I I teshuva. Rivka spoke to the girls ics activity, and placed a Mo gen David ' caught the hook ofthe fishing rod, j about why she decided to become re in its center. This, to us. meant we had 1 which all our counselors and all I ligious and what it added to her life. done what we had set out to do, to I our liiends held for us. I am going i With tears in her eyes, Rivka re strengthen the camper's Jewish iden to yeshiva! And nothing could stop I counted her expetiences, impressing tiiy, to teach her what it means to be j me. Now Hashem exists for 1Ue, I the campers with her motivation and Jewish, and to be proud of it. before He didn't!.! Jove tllis feeling! 'I strength of persistence. Then came How can we possibly imagine that questions of why and how a girl like Tatiana, after expetienclng ! G-dexisted, G-dexists,andw!llal- 1 four Shabbosos at Camp Shoroshim, I ways exist! j' to .... Several campers were overheard GELENA VJLENsKY, BUNKYUDBAis saying to one another, "If she could do will decide that she wants to keep --·------·---~----- ______J it, so can II" Shabbos on her own, against all odds 26 The Jewish Observer. October 1991 and in the face of much resentment who last year attended public school from her family? How can we enter have now opted to go to yeshivas. We tain the idea that Marina may decide hope that they are on their way to fur to keep Kosher, which will, most ther developing their commitment to likely, because of family opposition, Yiddishkett. include going hungry for many days These are not our accomplish or weeks? How can we expect ments, but the accomplishments of Alexandra, a popular and quickly the young campers. With G-d's help, Americanlzed public school student, our campers. while discovering their to decide to go to yeshiva? CONCLUSION roots, have tasted the sweetness of We did not know this would ever Torah, and they refuse to taste trufus happen, nor did we think it realistic his article has no ending, be again. Their "p'nimius," their inner or fair to expect, but it did! cause, BaruchHashem as we beings, have been touched. The T write, more continues to hap sparks of their neshamos have been THE KESHER CONNECTION pen. We have just received word that rekindled and are now burning eighteen of our twenty-one campers brightly. • ou are undoubtedly wonder ing what will become of these Y 120 very inspired girls now that they are back home. For that rea INSURANCE BROKERS & CONSULTANTS son, program "Kesher" has been in Commercial, Industrial, Residential, Life & Health stituted, to keep up the campers' bond to Yiddishkeit. Each counselor, junior counselor and staff member of Camp Shoroshim has been assigned three campers of her choice with whom she must keep in touch after 60 I 0 · 15th Avenue/Brooklyn. /'/. Y. 11219 camp is over. This connection does not simply entail a weekly phone call • PROFESSIONAL SERVICE • to find out, "How are you doing?" • QUALITY INSURANCE CARRIERS • If the camper is a public school • COMPETITIVE PREMIUMS • student who is interested in attend ing a yeshiva, the assigned counselor has to make sure that the girl's par BARBARA GOLDGRABEIY/HESHY SCHWEBEL ents will be spoken to about the im portance of their daughter's attend ing a Jewish school. The family must be taken to a pre-scheduled interview at a yeshiva, and funding will have to be arranged. The Shoroshim office, IMPORT ANT ANNOUNCEMENT located in Brooklyn, wili serve as a guidance center for all eventualities. NEW PUBLICATION OUT Kesher is also interested in the camper's life at home. For instance, UVO LETZION GOEL-?N1l 11'~? N:l1 Marina-Miriam decided that she Written by HaRav Reb Avrohom Amsel, Shlita. Author of Judaism wanted to keep Kosher at home. Upon and Psychology, Rational Irrational Man, Talmid of HaGaon Reb her return, she discovered that her Moishe Feinstein, Zetzal, noted Talmid Chochom and thinker. mother (another broken family) was Endorsed by the greatest Rabbinic authorities including, HaGaonim, very much against the idea. A few HaGadolim, Reb Michel Feinstein, Reb Chaim Pinchos Scheinberg, days passed and Mirtam had very litile Reb Shimon Schwab, Reb Moishe Stern and Reb Reuven Feinstein. to eat. Her "Kesher," among others, called her often, giving her support. A comprehensive statement about the hindrances to the She visited Miriam with food pack geulah, that teshuva-on sinas chinom and its branches-is ages, constantly encouraging her. important to help bring Meshiach closer. In hope of assuring that the camp A powerful, challenging statement on the subject for our generation. ers' inspiration would last until the Available at all leading Jewish bookstores. Distributed by Moznaim school year begins, a four-day Publishing Corp. 266 pages. Price $10. Shabbaton was held on the last week Moznaim Publishing Corp. end of the summer for Shoroshim 4304 12th Avenue • Brooklyn, NY 11219 • (718) 438-7680 "graduates." The Jewish Obseroer, October 1991 27 Second Looks at the Jewish Scene Worms, York, Damascus, Padolia, Kishinev... And Now, Crown Heights MAKING LISTS tree-shaded, genteel Brook Isaac Bitton, 12, cowers beside hts lajuredfather during a riot in Crown Heights, lyn neighborhood, still bear Brooklyn. Aug. 19. A ing vestiges of its aristocratic tinents and oceans, and across gen pogrom ... and now, Crown Heights. past, now has the dubious distinction erations. Put away all the sociology tracts and ofjotning the gallery of places scarred How about: Harlem, Lower East political handbooks. The carnage by racial tensions and violence: Side, Yesler Way, Boyle Heights, Dou that week in August was not a groan Watts, HowardBeach, Bensonlwrst glas Blvd., Dexter. Brownsville. East of agony of an oppressed minority. It and now, Crown Heights, Flatbush-and Crown Heights, al was an unadulterated, unmitigated On August 19, a Chassldic young most. Jewish neighborhoods that pogrom: Hordes running through the man, driving his car as part of a po tilted and deteriorated to become streets, smashing windows, looting lice-Jed motorcade accompanying the slums, forcing old-timers to join their shops, setting fires, shouting "Heil Lubavitcher Rebbe, lost control of his children in a flight to the suburbs. Hitler!" and "Kill the Jews!" It was a vehicle while avoiding an oncoming ButnotCrownHelghts, where amass ''wilding," an anti-Semitic Aktion of car, and, tragically, struck a seven exodus of long-standing Jewish the old infamous mold, and worthy of year-old black youth, killing him. homeowners to other Brooklyn no defense whatsoever. The four nights of riot, rampage and neighborhoods and "the Island" was Lamely, some liberal analysts have looting that followed- including the defied by a small group of Chabad maintained that Crown Heights can wanton lynch-murder of29-year-old Chassidim that tenaciously hung on. not be called a pogrom, because po Yanke! Rosenbaum, ~ .. ...,_ have all Today they number thousands of groms, by definition, requtre govern been duly noted and recorded by the souls-with attendant schools and ment sanction. The dictionary dis news media, and been commented on other communal institutions offering agrees, however. To make matters by the pundits. There is little need to an Island of stability in otherwise worse, government "even-handed review thetr findings. Instead, may crumbling surroundings. ness" and inactivity for the first two we offer some insights? Let us begin And then there's another list days of violence made the rioters feel by making some other lists: which stretches over centuries-an that they indeed had governmental Vitebsk, Mezhridtz, Liadi, ignoble list, at that: Worms, York, sanction .... Police had looked the Lubavitch, Warsaw, and now, Crown Damascus, Padolia, Kishinev, Pinsk, other way during pogroms in Heights: A Chassldic tradition that Kristallnacht-Berlin, Kielsce- and Kishinev, also. has its roots 7,000 miles away. and now, Crown Heights. Each the scene So much for lists. Now for some has managed the transition over con- of blood libel, massacre or questions. 28 The Jewish Observer, October 1991 ASKING QUESTIONS these same distortions? (Take, for ex ample, the following: n the wake of the shattered glass ('The New York Chapter of the of Kingston Avenue in Crown American Jewish Committee is pro Heights, several "givens" in the foundly saddened by the senseless Some liberal analysts I deaths that have occurred in Crown fabric of the Jewish community also Heights, Brooklyn. We express have maintained that seem to have been sundered. So we sympathy to both the Black and pose some questions: Jewish families that have suffered • Aren't black leaders shamed by through this tragic event. Crown Heights cannot their implied sympathy with the riot ('The violence and hate that has ers. by virtue of their silence, when continued to plague residents of be called a pogrom, they should have loudly condemned this community must be stopped. The safety of innocent people living because pogroms, by their actions? Haven't those strug in peace must be protected before a gling for dignity learned that there is healing process can occur,"- em definition, require no put-down as insulting as an indul phasis ours) gent pat on the head when firm disci Does the AJCommittee find the government sanction. pline is called for? Chassidic victims so much more for • Do we Jews really need such eign to their WASPy sensibilities than The dictionary rude reminders that-yes- in spite of black terrorists, that in their judg all the comforts, political rights, and ment they are equally "senseless" in disagrees. religious freedoms we enjoy, we are their actions? still in go/us? • How Is it that old rivalries or pos • After decades of battling for civil sible institutional differences were rights, and acting with protecting put aside by other Orthodox groups concern over the rights of minorities, Agudath Israel and Satmar, among Do they really feel such a lack of vul should Jewish activists be disap others- in their quick response in nerability to anti-Semitic rage in their pointed when blacks fail to fawn all identifying with the plight of the Scarsdale homes and Park Avenue over them? Isn't it time for Jews to Lubavitcher Chassidim, and taking offices? Do they really think that anti stop expecting gratitude for their crucial steps to help alleviate the cri Semites differentiate between b!ack "selfless" involvement in meeting the sis situation by using contacts with hatted Jews and hat-less ones? needs of others? local and state governments to end Never mind "cloistered Hassids and • Shouldn't establishment Jewish the pogrom atmosphere, while the es their Insular, ghetto-ized enclaves"; defense organizations reorganize tablishment spokesmen- with the Isn't there an excessively large mea their priorities, and put "Jewish notable exceptions of the AOL and sure of"golus mentality" in the think needs" on top of their agenda. and JCRC-justcouldn't manage to come ing of our Uptown brothers? • perhaps improve our lot by stemming out and say that "we" were assaulted? the flow of inter-marriage, for in stance, which Is hemorrhaging the ranks of American Jewry- by ex .No. I IN IS.BAB£ panding funding for Jewish educa tion, or other identity-enhancing measures? tiR.i±~RIJla?f!J • How does one deal with the me dia reports that described ''violence between blacks and Hassidic Jews" in Crown Heights, instead ofreport 'i;M~j [:Piii :::~s790 ing openly and honestly that blacks committed violence toJewish people, Call us and say: Jewish property. andJewishsensibil 2 ity? (Dan Feder, in the Boston Herald. &~ - 14114d 4- 'Jt, I ~ 'il!:eldatl parodied this "even-handed" report ing with a mock news story out of to earn ®% discount on your rental Czarist Russia: "Jews and Cossacks starting Sept. 1, 1991 clash in the streets of Kiev.") RESERV. & PREPAYMNT. •And then, what does one make of USA & CANADA 800-533-8778 establishment Jewish defense orga IN NY: 212·629-6090 ni.Zations that are usually so good at • BEN GURION INTL. AIRPORT •TEL AVIV •JERUSALEM Issuing statements, even on issues • EILAT •ASHDOD •HAIFA • ASHKELON • NETANYA that have no bearing on Jews, and • BEER SHEVA • HERZLIYA • TIBERIAS this time could only manage to echo The Jewish Obseroer, October 1991 29 PINCHAS MANDEL Rabbinical Over 40 Years Experience in Kvura in Eretz Yisrael Cooperation •Dedicated to Kavod Haniftar with personal responsibility throughout service Toward What •Highly recommended by Gedolai Hador -Here and in Eretz Yisrael- End?-By What 1569 - 47th Street, Brooklyn, New York 11219 Day & Night Phone (718) 855-5121 Criteria? Honesty - Integrity - Reliability CH£SED SflfL fMES "" undt'r<,1ond and practiced by one active in the industry more than half a century. Taharas Haniftar Should Never Be Commercialized rabblnical group met recently to deal with some serious is A sues and has issued a state ment to inform the public its E~!"l-l)A!RABBINIC~l.~EMl·~.AR"\' decislons .... One sits up with interest to take note. ·.· l'lN ?n ''!l1\UN''•o):J1lN ?.?l!>·· .. They deliberated on extremely 1 11 1 weighty Issues, and published a ·.·.~mv1~t··•11:?~)n:.:i)1 t1xri 1 1>'.)iNi'l l'''llli'l •\!11 ~ booklet on it: "A Rabbinic Response N"XP?\!! ")ll)Y.:l'Jl'{j") )11.J P'l?}l)~''lJ'.l:l to a Proposal to Implement a 'Do-Not Resuscitate' Policy for the Non-Termi I IN MEMOR~ OF MR LEO Ll~KER O.H. 1 · nally Ill." .... Veiy timely! And veiy, veiy sensitive, dealing with a highly O'Y.l1n)11 t:ll'.:> complex, deeply emotional, life-and •'n'\!l 1j?tl'!i l'JJ'1!iYJJ:) O';u1h ll>'T''P!i ntJ nh1'VJ death issue, calling on profound com ,'}lJ'1 D'n·n n11n 1'plr.i ,N:ill'm :iNn ,;.Y:in n1'1:>Jl o.Y 'T:i:m o;:iNJ mand ofTalmud, Codes and Halachic ;nm ;w n71ll D'Pr.l ,'TPm np'T.s 'J'Tl"l ,nl!Jnp:i\!I 1:i1 7:i; 1wx11.VJN"l Responsa. The group? The Board of 11 1 11 Rabbis of Southern California .... One ? t 1i'O'? :tj?)', 'll)''?N 1 n nin wants to read further. Who are the :i11n11"1:i 7'1:in J'l'VJl1.1r'71:> ''TP'r.lr.l rabbis that form the blue-ribbon beis lr.llrun iom n'1)ll ))ll:l7 D''l':i:>n 1>?.Yll.JVJr.in:i din that is willing to tackle such a . . world-class problem? Let's see: quite tl'';)"l':).'N.'il\ ?';\';)i'\ !\Ji\)i\ a range, from Rabbi Jack Simcha Cohen (Orthodox) to Rabbi Laura Geller (Reform) .... Oh? One might suggest that the eleven universally revered Roshei Yeshiva [i] MAKE (Rabbi Moshe Feinstein, Rabbi RESERVATIONS Aaron Kotler, Rabbi Yaakov FOR Kamenetzky, Rabbi Yitzchok Hutner, YOMIM NOROIM ti:>U., cm:it, among others) had just c:~ITOL ANDSUCCOS such an amalgam of Orthodox, Con HOTEL t MOTEL NOW! servative, and Reform rabbis in mind when they issued their famous p'sak LAKEWOOD, NEW JERSEY thirty-five years ago, prohibiting Or Madison Avenue; Corner of 7th Street GLATT KOSHER thodox participation in formal reli gious association with Conservative WEEKEND BAR MITZVAHS CHOLOV YISROEL or Reform rabbinical or congrega SHEVA BROCHOS/SHABBATONSISEM/NARS Under Strict tional groups. (Those who did not comply with this p'sak, argued that Rabbinical they only entered such groups for (201) 363-5000 Supervision of klapei chutz I external concerns, but this is a joint halachic ruling. How 1-800 CAPITOL (227-4865) Vaad HaKashrus "p 'nim·' can you get?) Only 15 Minutes from Great Adventure of Lakewood On the other hand, they probably never even dreamed of this one. • 30 The Jewish Obseroer. October 1991 elected Speeches, A Collec (Mesorah Publications, Brooklyn, tion of Addresses and Essays 1990, $16.95 h.c., $13.95 p.b.J. It of S on Hashkofah, Contemporary fers "introductory encounters with Issues, and Jewish History, by Rabbi Jewish thought," lectures on funda Simon Schwab (CIS, Lakewood, mental topics such as the Torah view 1991, $17.95). 1his is the second vol of the nature of religion, individual ume of Rav Schwab's writings to ap rights and obligations, the concept of pear, and contains a wealth of guid the Chosen People, prayer and suffer ance and inspiration for the reader. ing. The author's background as a He will find a Torah approach to the. professor of philosophy is evident in happenings of our time, as well as to the brilliant yet eminently readable the demands that life makes of each logical analysis of each of these of us. An address to educators de themes and the distinct Torah per fines how children should be brought spective on them. In addition, each up; other speeches deal concretely presentation is followed by two sets of with such basic values as truth and questions and answers, one on a honesty, and Shemiras Haloshon, more basic level and one reflecting the and clartfy the role of secular educa concerns of the more advanced ques tion and endeavors. Of particular in tioner. 1his is an outstanding work terest is the appendix on comparative and a model text for anybody involved Jewish chronology. It originally ap in Kiruv work, in dealing with the in peared many years ago, and sought tellectual and ideological challenges to bridge the gap between the dates he will encounter. of Jewish history assigned by Torah tradition and by secular historians. In nother recent work of great this volume the author reassesses the value in this respect is a slim solution he then offered, and dis A volume, Permission To Be cusses the difficulties that remain. lieve, Four Rational Approaches to 1his study, in particular, is an impor G-d's Existence, by Lawrence tant contribution to anybody inter Kelemen (Targum/Feldheim, South ested in exploring Jewish history. field, Mich., 1990, $8. 95). The author mphasizes at the outset that no ab Mosheh Speaks, An An solute proof can be given for G-d's ex- hology of Talks by Rabbi istence to whoever is committed to REosheh Stembuch, edited by atheism, but he demonstrates that, Yaakov Rosenes (Jewish Writers' Iogical1y, atheism (in contrast to ag Guild, Jerusalem, 1988, $10.95). nosticism) is emotional; while we can Rabbi Sternbuch is known through not prove G-d's existence, it is impos out the Torah world as an outstand sible to assert certainty about there ing Rabbinic personality and as the not being a G-d- particularly in view author of major halachic works, such of the vartous arguments pointing ir as Mo'adim Uzemanim In this vol refutably to His existence. He pre ume we find him in a different role sents the moral argument (without as the guide to those in our age who G-d we have no source of moral obli want to learn about the central teach gation), the historical argument (from ings of Torah. The talks in this vol Jewish history, as predicted in ume were delivered in English in Tanach), the cosmological argument South Afiica, and are remarkable for (emergence of an inhabitable uni the wide scope of topics and the halachic issues- such as in his dis verse cannot be accounted for in a simple and clear presentation. Neces cussion of medical ethics, e.g. active materialistic manner), and the sarily, there has to be simplification and passive authorization- to em teological argument (nature demon (thus the comments on the nature of phasize that a Rabbinic authority strates such complex design that it the World-to-Come rightly do not deal must be consulted in each case. cannot be explained by purely acci with the differences of opinion on dental cause-and-effect mechanism). some aspects between vartous Rab he need to present Torah In a final chapter the author deals binic authorities). Sometimes, how teachings in a manner that with the problem of suffering which ever, e.g. in the story about the T will meet the needs of the is so often adduced as an argument Brisker Rav's finger, the reader might newcomer to Torah is particularly for atheism. The reader will be par want further elaboration. The author well addressed by The Informed ticularly interested in the scientific is therefore careful, when touching on Soul, by Rabbi David Gottlieb arguments of the author, which are The Jewish Observer. October 1991 31 based on the latest findings in cosmo find compelling arguments for it. so sues discussed inAvos. For example. logical and evolution research. far without success. This is really a in Perek 4. Mishna I 7. there is a full distortion of the scientific process. the discussion of the various views on the he fact is that evolution. in result of a craving to be right; the phi nature of the Future World and the particular. cannot be pre losophy of scientific naturalism as Resurrection of the Dead. The lan T sented as an established sci "established" by pseudo-scientific guage is fluent and colloquial and ef entific fact. as shown especially in a methods. fectively conveys the ideas put forth. fascinating book by Phillip E. John son. Darwin On Trial (Regency Gate rofessorJohnson's book con he Book of Psalms (2 vol way. Washington. 1991. $19.95). The tains very much scientific umes. 1990) and the The author Wlites as a professor of law P material. but most of it is in T Book of Proverbs (1991). and legal scholar specializing in logi the copious footnotes. and the lay with the commentary of the A!shich. cal analysis of argumentation. He man will be able to follow his argu translated and condensed by Rabbi marshals all the evidence adduced in ment without too much difficulty. Eliyahu Munk (distributed by N.S. support of the theory of evolution. However. a brief volume by Josh Spiegel. Brooklyn. $45.00). Rabbi and shows that it does not add up to Greenberger. Human Intelligence Munk has included about 75% of the what evolutionists want to establish. Gone Ape (National Conference of A!shich's commentary in his con viz. that there is no purposeful intel Synagogue Youth. N.Y .. 1990.$4.95) densed eel.ition. and presents it in a lect transcending and guiding the presents the case against evolution, very clear and readable way-though processes of the natural world, spe also with the latest scientific "data." the Alshich's ideas are complex and cifically in the emergence of life and in a briefer form and very popular demand full attention. Many major living species. Instead this viewpoint style; it is excellently Wlitten. and is subjects are discussed. such as the is held as an unproven assumption of value to any reader. but should relationship between G-d's omni by the evolutionists. and they try to particularly appeal to those shying science and our freedom of will. the away from more elaborate works. proper attitude to G-d's enemies and The importance of showing the scien their downfall. the concept of Golus DIGEST OF MEFORSHIM tific inadequacy of evolutionary Hashechlna and the significance of theory is highlighted by the fact that Mazza! The Alshich was a disciple of ,t,,p7 ,n:i ,tnp7 the impact of Darwinism on our view Rabbi Yosetf Karo and the Rebbe of ?"YT 1J/t:i?x ?xmw l"ninr.i of man and society has lately been on Rabbi Chaim Vital. His writings .'1. vailable at the rise (Professor Carl Degler. in his breathe the spirit of the scholars and LEKUTE I recent book. In Search ofHuman Na kabbalists of Safed, and it is clearly ture. published by Oxford University reflected in Rabbi Munk's work. c/o Yitzchok Rosenberg Press. documents how the cultural 10 West 47th Street, Room 503 interpretation of social development. New York, NY 10036 habbos-lts Essence and (212J 719-1717 which was on the ascendant since Significance. by Rabbi earlier in the century. is now again S Shimon FYnkelman. with over 20 Volumes on Torah, Perek, becoming overshadowed by Darwin views by Rabbi Nasson Scherman Medrash, Megilos and Tulmud. ist naturalism. which sees man. and (Mesorah. Brooklyn. 1991.$14.95 Proceeds of sales distribuled his activities. as an outgrowth of the h.c.. $11.95 p.b.). As the author states a1nong Yeshivas and used for animal kingdom). in the introduction. the entire essence reprinting of volumes out·of-print of Shabbos. in all its spirttuality. is be PRICE: $8.00 PER VOLUME brabanel On Pirke Avot. yond our grasp; we can only seek to compiled and translated by broaden our understanding of this A Rabbi Abraham Chill (Sepher precious Divine gift. and our experi Do you understand Rashi's Herm on Press. Brooklyn, 1991. ence of it. This aim is certainly fur shita on YAAKOV'S SHEEP? $29.95). The Abrabanel's commen thered by this volume. Overviews. in Then send for your copy at tary on Avos. Nachalas Avos, is a sights and stories throw an inspiring light on the different aspects of Shab $5 plus P&H. Researched by classic work. indispensable to any serious student of this tractate. In bos and its observance. Kiddush. ISAMAR CHAIM FRIEDMAN presenting it to us. Rabbi Chill chose Bircas Hamazon and Zemiros for the of Yeshiva Tels Stone. Israel. not to compose a literal translation various meals round off this fine work. Extolled by leading Rabbis but to compile the salient points that It is a pleasure to read it-but its real and educators. Printed in Eng. the Abrabanel makes concerning place is on the Shabbos table. to en and Hebrew. Reduced rates each Mishna- and. for contrast. to rich each Shabbos meal. • large quantities. For info.: add selected thoughts from other me Correction: Last month's review of (212) 876-6700 or Friedman. diaeval commentators. This method The illustrated Guide and Workbook 425 East 86 St., New York, makes the volume more readable to Korbanos, pub. by Torah N.Y. 10028. than a mere translation, and also Umersorah, had the wrong price. The throws greater light on the major is- price should have read $8.50. 32 The Jewish Obseroer, October 1991 Bereishis The Commuter's Chavrusah Series IV Learn Bereishis with Rabbi Yissocher Frand, Magid Shiur, Ner Israel Yeshiva Tum your mmmule time into leorning time. You'll explore foscinoting Halochic issues in the lot est series of tapes from Rob hi Frond's popular weekly shiur ot Baltimore's Agudath Israel. Join him in the bois medrash as he examines the progression of Halacha from the Chumash through poskim to current respansa. Each tape condudes with Hashkola and ethical applications related to that Porsha. Every lull soler ordered comes in a convenient album. It's a line gih for o friend, relative or yourseff. Bereishis/Series IV D No. 164 • Bereishis-Weddings in Shuls: Is there a problem? D No. 165 •Noach-Euthanasia D No. 166 • Lech Lecha-The Childless Couple in Halacha D No. 167 • Vayeira-The Uris Milah Seudah D No. 168 • Chayei Sarah-The Laws and Customs of the Hesped D No. 169 • Toldos-The Blind Person in Holacha D No. 170 • Vayeitzei-Marrying Off a Younger Child First D No. 171 • Vayishlach-The Prohibition Against Flanery D No. 172 • Vayeishev-The Complex Issue of Child Custody D No. 173 • Mikeitz-Dreams in Halacha II D No. 174 • Vayigash-Twins D No. 17 5 • Vayechi-Embalming, Autopsies and Cremation TO ORDER send SI per tape (includes shipping and handt.ng). OR send S65 for the entire Bereishis/Series IV, an S84 value. Acatalogue listing all of Rabbi Frond's tapes will be included wfth each order. Make che Na ...______,_,,,. (Jy___ ~lklle __np __ (ALSO AVAllABlE AT EICHlER'S AHO OTHER FINE BOOKSTORES) Yod Ye Haolam, the most trusted name in Cholov Yisroel Kosher Cheese. A reputation earned through 25 years of scrupulous devotion to quality and kashruth. With 12 delicious varieties. Haolam, a tradition you'll enjoy keeping . ••,U Haolam (ll NEW~~~:~~~~~ECOINC YORI\. N.Y. Haolam • The Jewish Observer, October 1991 33 rael). An argument developed between the Chassidishe Rebbeim and the Lltvishe Gedolimregarding the efficacy of the mechitza between the men and women. Both sides agreed to accept Letters the ruling of the Chafetz Chaim. He said that the best thing for us is to ••••••••••• to the have Hashemwith us. The worst thing ••••••••••• that can happen is if rn Hashem ••••••••••• abandons us. The Torah says, "Velo Editor yireh becha ervas davar- Hashem should not see immorality amongst you" so that He will be with us. The more we pursue every possible means to add kedusha, the more Hashem will be with us. We must pursue evei:y pos sible means to add kedusha and be even more stringent than the halacha requires. (A special note: realize the VARIATIONSONTHETHEMEOF SHORT SHRIFT intelligence and sensitivity of this re MAKING FASIDON STATEMENTS ON FASIDON NOTE ply. The Chafetz Chaim did not offend either side.) To the Editor: To the Editor: I would like to get to the point: The Three cheers for your recent (April, I am Wliting this letter because I article was diluted. The Steipler Gean '91) "When Fashion Is Eloquent, acknowledge the impact and influ ?":IT, writes that while the sijrei mussar What Does It Say?" A full discussion ence of an article published in The discuss in length about the great on this entire subject is long overdue. Jewish Obseroer. Inspired by the ar churban provoked by evil thoughts, In particular I liked your taking ticle Wlitten by Dr. Fryshman con they don't emphasize enough the great apart of the phrase "Fashion State cerning Russian children in New York spiritual heights gained by holy ment." It reminded me of our Sages' (Feb. '91), I did research on the sub thoughts. Just the opposite would ap comments on the verse in Bereishis ject and raised over $1,000 for a Tal ply to your article. The author uses vel Chap. 39, when Potiphar's wife tried mud Torah for those children. I cer vet gloves to point out the great to seduce Yoseif: "And she spoke to tainly plan to continue to add to that kedusha one could gain by being him day in, day out.. .. " What did she sum 11"'N. You ought to know the awe properly dressed, omitting the say? On this verse. Chazal comment some responsibility that you have as churban altogether. The truth must be (Yoma35a): 'The dresses she wore by a recognized source of disseminating stressed very strongly that when a day, she did not wear at night; the Dvar Hashem At the outbreak of the woman degrades herself by adopting dresses she wore at night, she did not Gulf War, a noted high school an immoral dress code, she is not only wear by day." It appears that a fre mechanecheswas asked, "What's the missing the opportunity of gaining quent change of wardrobe is an old Daas Torah about current events?" kedusha but is actually transgressing seductive technique. She replied, "I haven't read the latest the mitzva of tzenius and driving away Please elaborate further on our ob Jewish Observeryet." the Shechina l"n .... The most important ligation in this area. For some time I was hoping that thing is to realize what is correct and JAY MICHAELS somebody would write an article on thus permitted, and what is incorrect Brooklyn, N. Y. the subject of the latest fashions, and thus prohibited by the Torah. Do which is plaguing our Orthodox soci we have such low self-esteem as a Bas ety. I was vei:y happy to see one ap Yisroel or such an inferiority complex MALOHN pear in the Iyar/April edition. Unfor as an Orthodox Jew to be too timid to tunately, I was disappointed, since openly defy the "holy orders" of the MIFAL the medicine was diluted and given in fashion trend-setters? Where is our VISITING NEW YORK?? a vei:y minute dose. I would like to ex Bais Yaakov pride of conviction in our Beautiful rooms. with kitchen plain: goals? facilities, in heart of Boro Park The author quotes Rabbi Schwab Everything done in public ulti by day or week. Near Shuls, saying that a woman has the oppor mately has an effect on everybody tunity to achieve kedusha by dressing witnessing it. When somebody take-out foods, etc. Profits to modestly. It would be interesttng to dresses in a marmer against Torah Mifal Torah Vodaas. add a story that Rabbi Don Segal guidelines, she is not only doing the N"1"?\!J heard from a person who par Call wrong thing by distracting passersby, (718) 851·2969 ticipated in the first Knessia Gedola but she is also a direct influence on NOT.V.'s (international congress ofAgudath Is- her classmate or neighbor, invittng 34 The Jewish Obseroer. October 1991 them to imitate her. This applies even However. I believe this unfortunate avert an. at most, unfortunate situa for those who do dress properly but situation is much more prevalent tion. let's choose a course of proper out offalse politeness will compliment than Mr. Lebov suggests. Rude be conduct. One might urgue that the the other lady about the beautiful havior, one Jew toward another. inadvertant contact is not even pro new short dress she is wearing. seems at times epidemic. It rears its hibited by halacha (see Igros Moshe. We are witnessing nowadays ;r:i a ugly head in a wide range of circum E.H. II: 14). but rudeness is indefen great hisorerus (inspiration) in regard stances. from seforim stores to walk sible. Rude encounters should be to Shmiras Halaslwn. Great hope is ing on the street where one Jew is avoided regardless of gender. attached that this will speed unwilling to wish another "Good Mechitzos and separate doorways will Moshiach's coming. Nobody is Shabbos." I was recently appalled at do nothing to reduce men pushing ashamed to remark, "Excuse me. that the behavior I Witnessed at a levaya men. and women jostling one an would be Lashon Hora. Please change (funeral). Many at the cemetery other. This "solution" will provide no the subject." People admire such a wanted the zechus of physically as progress in reducing our insensitivity commitment- even those not yet sisting in the kevura (burial) and did or increasing our awareness and con fully adherent to the laws of Shmiras not hesitate to push and shove one cern for one another. Thus, our real Halaslwn. It would be the most ap another at the crowded cemetery. al problem will remain unaddressed. propriate plan to start the same atti though they did dance delicately to Instead, we must all work to culti tude regarding the theme of tzenius. avoid stepping on another kever. We vate a deeper respect for one another. If Chedva Silberfarb 11")) could work need to cultivate our ability to show This would avoid not only men and up such a storm about our way of respect toward the living as we do to women bumping one another, but speaking, surely someone could do ward the deceased. also reduce prevalent rudeness in a the same about our way of dressing. The Gemora (Sanhedrin 20a) re myriad of circumstances. I propose 0. FRUCHTER lates that in the generation of R. we begin to concern ourselves prima Brooklyn. N. Y. Yehuda ben R. Elayi. six men would rily with one another's well-being. cover themselves with one taUis. Rav Thus. we would not be inclined to Chaim Shmulevitz ?"lll (Sichos push another aside to get to a smor GETTING TO THE ROOT OF Mussar) explains, six people can be gasbord or through a doorway. We "INDELICATE AND RUDE covered with one taUis only if each would simply wait for a courteous op ENCOUNTERS" person is more concerned about the portunity. This course ofaction on all other's covering than his own. Per our parts would alleviate Mr. Lebov's haps at our smorgasbords we should wedding predicament and numerous To the Editor: be concerned to feed others before other rude and/or insensitive en Thank you for printing (May '91) ourselves. counters to which we all have been a the provocative letter from Simcha Mr. Lebov has suggested that we party. Lebov regarding tzenius at weddings. erect an additional mechitza and em Additionally. any proposed change I share his sentiments that at our of ploy separate doorways to avoid "in in community conduct should be ten crowded ;r::i simclws and other delicate. and even rude. encounters" weighed for its effect on achdus occasions rude jostling has become between men and women. Instead of within Kial Yisroel. rm afraid this an accepted pattern of behavior. choosing a chumra which seeks to proposal runs a tremendous risk of FREE JEWISH CATALOGS DON'T IMPORTANTffi NOTICE Check one or more == 0 Full color catalog from the leading pub DELAY! TO OUR CANADIAN lisher of English language judaica literature, AND OVERSEAS for children and adults. D How-to books and cassettes on: reading Now is the SUBSCRIBERS! Hebrew, learning to pray, leading the services. the Seder and Bar-Mitzvah prep, time to ioin the and unique educational. gifts. The simplest way to pay for D The finest kosher vitamin and mineral 1.11 'zti11D' m1IK '110 :i10 ,.,~~_m:in your subscription- Is through supplements. U Agudist Benevolent Society, Inc. D World's largest catalog of sheet music, VISA or MasterCard. They cassettes and CD's-Israeli, Yiddish, • f'cJ' B The Jewish Observer. October 1991 35 increasing division without our com '91). Having spent close to twenty EARLY PLACEMENT AND EXERCISE munity. Undoubtedly, many G-d years in chinuch. I would suggest that PROGRAMS IN YESHlVOS fearing, Shomer Shabbos Jews will he could have stressed the lost oppor fmd these mechitzos and doorways tunities that bright children forfeit by urmecessaiy. While they will choose starting yeshiva earlier than their age To the Editor: not to use them, others who do use peers. Boys and girls that are intel Rabbi Yitzchok Kasnett's article, them may come to view these as lectually gifted could often emerge as concerning problems that develop halachic requirements. Before we leaders, but because of emotional im from "early placement" is a timely know it, our sons and daughters maturity in relation to their older and important message to parents. could be shunning classmates whose classmates, they are dismissed as Barely a week goes by that I don't re families make simchos without the brainy nerds. ceive a call about a child who is suf proposed mechitzos and doorways. Bright kids placed in their chrono fering from "early placement." The Obviously, separation of men and logically correct class develop a "lucky" ones are those children whose women contributes to Kedushas Yis healthy self-image and generally will problems became apparent early on roel and I am certainly In favor of respond to out-of-the-classroom en In their schooling. They repeat the striving for greater spiritual heights. richment experiences that their par class at that school or another, with I would nonetheless urge my fellow ents provide for them. They end up relatively little wear and tear. Those readers to consider other avenues winners in all departments, instead of who managed to "hang on" till the that increase achdus and resolve prodigies of mixed maturity. fourth grade or so, when they found problems at their core. RABBI AV! DAVID the transition to Genwra too difficult, BINYOMIN G. SEGAL Brooklyn, N. Y. were old enough to really feel the so Chicago, llL cial stigma and sense of lower self QUESTIONS FORMAL worth should they repeat the year. I PITFALLS IN EARLY EXERCISE PROGRAMS IN remember one such student of mine, PLACEMENT FOR YESHIVOS the youngest in a bar-mitzva age BRIGHT CHILDREN group. who still on occasion sucked ------his thumb, admittedly unusual but To the Editor: Indicative of Inner insecurity and tur To the Editor: I was quite surprised that a Torah moil. Rabbi Kasnett made a strong case magazine could advocate such an ar I found another article in that is for avoiding "early placement syn ticle as "A Plea for Exercise In Yeshiva sue, dealing with lack of physical ex drome" in his well-researched article, Ptograms" (May '91 ). For the past ercise In yeshiva schools, quite dis "When Children's Learning Handi 2,000years no such idea was ever pro turbing. Not for its content, which caps are of Our Own Making" (May posed. Exercise may be important certainly has adegree of validity, but but to make it part of the curriculum?! because it appeared in The Jewish One is supposed to "toil in Torah Observer. Our yeshivas are the heart ubeTorah atta ameL" It is well known of the Jewish People. Children who that Rabbi Moshe Feinstein 7"~ did study Torah are called "My anointed not sit on a chair with a back until he ones" (Shabbos 119b). From my was 40 years old (and he lived to a ripe years as a rebbe and a principal, even old age), and they propose a desk with the slightest changes In a school cur a "shlender-like top" so the students riculum, affecting hundreds of should not have to bend towards their "anointed ones," was a question for 491 (i (\th Ave .. B'klyn, N.Y: H 219 Genwras! I heard of a Rosh Yeshiva Gedolei Y°1SroeL not to be placed be . (718) 854-2911 who set up his yeshiva with tables fore a public forum. and not shtenders- specifically with In addition, a publication such as this in mind: One should bend over the J. 0. has to have a sense of re towards Genwra and toil In his learn sponsibility in taking into consider ing. The whole proposition is alien to ation those parents (or even one, for CLINICAL P~'YCHOLOGIST l11l1Ch haTorah. that matter) who may decide not to Those yeshivas which do have enroll their child in a yeshiva as a re DR. BENZION regular gym or swimming classes sult of that article. SOROTZKIN have them only to fill state regula RABBI NOACH 0RLOWEK Jerusalem N.Y. STATE LICENSED tions. Again, there is nothing inherently Reply: The suggestion in the ar ADULTS ticle was to incorporate physical ex AND wrong with exercise- but to make it CHILDREN part of a yeshiva curriculum is not the ercise in the General Studies or extra way to raise true bnei Torah. curricul um program, which was (718) 219-3867 ROCHEL SHAPIRO deemed acceptable by Roshei Yeshiva (Please note new number) Lakewood, N. J. who reviewed the article. N.W. 36 The Jewish Observer, October 1991 Joanne Jackson Yelenik Twenty black socks, drying in Jerusalem's cold December breeze. Tlie liistory of a people, a faitli. Beneatli tlie simple clotliesline, a woman, modestly attired, (Naturally) scrubs tlie steps and sidewalk of tlie entrance to lier liome. Friday morning. Friday, Ifie sliortest of days. Yet before tlie sun sets, Ifie city's glorious gold, tliese socks will find tlieir way on to ten peop/e a minyan of cliildren and old men. Socks, to walk to sliul to stand for Sliemoneli Esrei. Wlio tells liistory by socks, Socks, to wear to beis medresli. or biograpliy? to run to do mitzvos. (Tlie garters of tlie Frencli Revolution) And tlie woman, now on liands and knees, No one. at sunset, will become a queen Yet tliere tliey were like tlie Sliabbos queen slie and over a doorway, lier family welcome. at tlie entrance to Me' a Slie'arim, Sliabbos morning slie will watcli lier men walk to sliul appropriately next to tlie sign on dress, and later, hear tlie pitter-patter of tlie little ones politely worded. running liome to lier Socks, for cliolent. a row of tliem. G-d wilting, next week, there will be tlie steps to wasli Black. and tlie socks on tlie line (Naturally) blowing in the breeze. In sizes tliat would fit boys and men from ages two to Slie will raise lier liead, seventy. as slie does now, to regard tlie clear Joanne Jackson Yelenik is a teacher and wrtterli\ing in Washington. D.C. Her blue blue sky of Jerusalem. story, ~Rebbetzin Henkin and Me." was featured in JO. Apr. ·sg HOW THE CHILDREN Rabbi Aryeh Schechter HAVE GROWN! ?NUJ\U \J1PJ' \Utnn bli ayin hara with 21 essential o>v1nr.i We would also like to grow .. SOFER S''TAM . . . into their clothing from '"l!Jl to nr.i:m 1vr.i . I 558 41st St. Roll them up, Published: 0>1:i; ,mr.iv ,n>vN1:i. Toss them into a boxjlarge manila envelope. Brooklyn, NY 1 12 t 8 Send them to our Used Clothing Center for the needv JERUSALEM public e make "housecalls." Also available i'" 11J N>1?pnuN and earn vourself a mitzva. (718) 972-4003 including the topics n?r.i-?ir.i . Addresses: Weinbach, Panim Meriot 1 Ganz, Panim Meirot 2 Available at Moznaim Greenberg, Panim Meirot 3 l.P. :i-·.,~ / .. .,b~lt>lllllllrll Toda Raba! • and bookstores. The Jewish Obseroer, October 1991 37 mll!lllJ'""qQ"f'.i:i (J-,i: 84 William Street!NVC 10038.lllllll\lllllllll\lllllllll\lllllllllillll!lllillll!lllillll!llll JllJl!llllLll 11 /;.1...((1 ft;,. The National Headquarters of Agudath Israel of Americal!l!fl!lll!I September 16, 1991 for YOUR cuted and oppressed. Always tn the forefront of efforts to resettle refugees FUNDRAISING or tn democratic lands, our nation with PROMOTIONAL CAMPAIGN The Honorable George Bush its rich immigrant tradition has CONSIDER a President of the United States championed the right of Jews to emi CUSTOM DESIGNED The White House grate from the Soviet Union and to re LUACH or DIARY 1600 Pennsylvania Avenue, N.W. build their lives in their ancient (7 1 8) 85 1 - 1 3 1 4 Washington, D.C. 20500 homeland .. For decades, the United Dear Mr. President: States has supported the dreams and Over the past several years we aspirations of Soviet Jews and en have had many occasions to admire couraged Israel to accept their breth and praise your tntemational leader ren with open arms. ship. Whether tn regard to the Soviet Now, the Soviet flood gates are Union, Eastern Europe, Central open and the people of Israel stand America or the Middle East. we have ready and willing to welcome them stood tn awe at your strength, your tnto their midst. But the pressures resolve and your steadfast commit- placed by this massive influx on that ment to principle during even the tiny nation are staggering, and most turbulent of times. whether Soviet Jewish dreams be Who would deny that one of the come reality depends largely on the great modern day miracles - the humanitarian aid Israel now seeks mass emigration ofJews from the So from the United States. viet Union - is due in substantial The issues of the Middle East part to your finn determination and peace conference, as important as extensive efforts? Indeed, you have they are, must be kept separate and understood well the spectre of Soviet distinct from America's moral and anti-Semitism and the vulnerability of humanitarian commitment to help Jews to become scapegoats in the Israel settle and absorb the new So turmoil and crisis that now loom over viet arrivals. This commitment to So SINGLE & DOUBLE that country. viet immigration is an expression of BREASTED MEN'S SUITS We therefore appeal to you to re shared U.S.-Israeli values and the consider your announced position right of Jews to live tn peace and se that Congress delay consideration of curity. free of anti-semitic bigotry and SILBIGER'S Israel's request for loan guarantees to persecution. help settle and absorb Soviet Jews. On behalf of our national constitu • Slacks • All Wool Coats Israel's need for this humanitarian ency. I hope and pray that you will aid is urgent and immediate and permit the congressional process of • Rainwear • Sports Jackets should not be bogged down by any approving this loan guarantee to other considerations. Such a delay move forward as an act of mercy and SALE RACKS could have severe consequences for compassion, tn the cherished tradi FOR the new immigrants, who have to be tion of this great nation's unswerving BIG BARGAINS absorbed in to the social and eco commitment to humanitarian causes nomic life of their new haven of ref the world over. I 769 51 St .. l'>rooRlyn. NY uge: Israel. (718)854-1196 Providtng this humanitarian aid to Stncerely. Daily 11:00 A.M.-9:00 PM. Israel is deeply rooted in the most or by appointment cherished of American values. Rabbi Morris Sherer Throughout its history. the United President States has opened its shores and pro Silbiger Suits You Best vided safe haven to the world's perse- RMS/ps 38 The Jewish Obseroer, October 1991 p~ On Sunday, November 10, 1991 • 8:00 PM AN EVENING AT UARNEGIE HALL II 0 N T H E R E u N I fe· COMEDIAN SPECIAL MUSICAL YOEI, MARC DOV PRESENTATION SHARABI * LEVINE * "THE RUSSIANS ~ WEINER * ARE RETURNING" MUSICAL ENSEMBLE MASTER OF CEREMONIES PRODUCED BY NEGINAH * NA CHUM SUKI ORCHESTRA SEGAi, & DING SPONSORSHIP· $1000 ·Includes 2 tickets_ to special seating area and honorable mention in the playbill. AOM/SSION-$250, $180, $100, $50, $36. Nourishing the roots of Soviet Jews in America Tickets can be purchased from any one of the lollowmg locatrnns BROOKLYN MANHATTAN QUEENS Efchlers • 718-258-7643 West Side Judaica • 212-362-7846 Gift Wortd • 718·26!-0233 For credit card (American Express, Visa, and MasterCard) ticket orders, call 71S:-260-4377 For more informatfon, call 718-260-4377 An Evening at Carnegie Hall ls sponsored by "Friends-of Shoroshim." We take great pleasure in inviting you to join the broadest coalition of Orthodox Jews, headed by eminent Torah authorities, for a four-day Torah experience at the NATIDNALUONVENTION AGUDATH ---·OFISRAEL ---1111 AMERIUA to be held at THE PARSIPPANY HILTON Parsippany-Troy Hills, New Jersey A beautiful and elegant location, conveniently located Jess than one hour's drive from New York City. Thursday through Sunday ill! Nov. 28- Dec. 1, 1991 :1 11)\!Jn 1Jt1:> i:>-N:> t Detach here and mail to: Agudath Israel• 84 William St.• N.Y.C. 10038 t 69rn NATIONAL CONVENTION RATE CARD___ ~I (.·f,: • -,.-,------ ' =' 1 I am enclosing: Please reserve accomm.odations* for __ persons to the 1 'o/ l • I ~ Deposit $125 per person 1 69th National Convention of Agudath Israel of America, Agudath . for H'l1 ton reservation· .... ;...... ,• Th urs dayt hroug h Sun day,Novem ber28- Decem ber 1, 1991 Israel at the Parsippany Hilton, Parsippany-Troy Hills, New jersey. Iof America I1 Payment in full for room only I ··------.;;;;1 reservation at the Hanover Marriott ...... $ C.heck type of accommodations requested. (Give first and c"""'=""''"""""'J ----- · ) If d t' d · · ·1 84 w11i;,,,, St. I 5752 Membership Dues ...... $ ___3_6_.0_0_ secon d ch oJCe. accommo a wn reques 1e is no 1 avai - New""'· NY 10038 able, the next category will be assigned. 212.797.9000 , TOTAL ENCLOSED ...... , .... $ _____ RATES PER PERSON - PARS!PP ANY HILTOJI. Please make checks payable to: Asudatb Israel of America All rates are for double occupancy'' and include full convention meal service for 4 days and 3 nights. Address , S!and.ard $359 l . .l Preferred $399 Superior $439 L.J Deluxe $489 City Stale __Zip------{L1m1ted) U Single Occupancy $599 Telephone: Day [ ___ ) ------·_Evening( 'Reservations are subject to confirmation. '* 3rd or 4th in room, $319 per person ROOM ACCOMMODATION ONLY' AT THE HANOVER MARR!OTr Children 0-2 (crib only, no food), $7012·12, $250 {lo minute_ walk from th_e Parsippany Hilton) PleaSe note tliat 15':Yo \lllll he added to above rates to cover th'e registration foe, Reservations_ accepu~d for 4 ,days. 3 nlghts only and are per room, not per person. _delegate kil and all gratuities. 1_J$249 Per Room (plus membership dues} Ruservations for Ilic Hanover Marriott must h!' prepaid in full at lime-0f reservation. $125 Per Person Deposit Required To Confirm Reservation ~Note: Th ls is_ a rnom·only rescn·ation which does Ill!! include meals, tea room _service, etc,