The Chief Rabbinate; A Blessing or a Curse? part 16

An item in the  Israeli news almost two years ago leaves me with very mixed feelings. As I have discussed in previous writings, perhaps the most troubling situation in Jewish law is the "'agunah"; the "chained" woman, whose husband either is unwilling, or unable, to grant his wife a divorce, despite the fact that he is no longer acting as her husband. That the man must give a bill of divorce into the woman's hand, is a clear Torah law (Deuteronomy 24:1). No rabbi or Beit Din has the authority to change that. Tragically, this has led to a horrible situation of extortion, or just plain vindictive behavior (I'll give you a get when you give me one million dollars). In the past, it has also brought about the formation of "goon squads", that would "convince" the husband to grant the "get" (Bill of Divorce) by means of fists and brass knuckles. In the last few years, the civil authorities in the U.S. have cracked down on this, and several rabbis now sit in prison as a result. About twenty five years ago, a maverick American rabbi, Marvin Antelman, came up with a possible solution. Since one may do a favor for someone without their knowledge (I can decide unilaterally that I owe you $100, I can't unilaterally decide that you owe me $100), a man who is not acting as a husband, providing his wife with financial support, shelter, and sexual satisfaction, would be required to give his wife a "get". He's not doing that, then a Beit Din can, and should, act on his behalf and give the woman a "get". They would, in effect, be doing him a favor. Rabbi Antelman formed his own Beit Din, and granted divorces to many 'agunot. He even flew to Israel, and performed these ceremonies in the U.S. Embassy, thus avoiding arrest. He actually found a precedent for these actions in the annals of Moroccan Jewry, where this was practiced three hundred years ago. This innovation was heartily approved of by Rabbi Emmanuel Rackman, one of the leaders of the Modern Orthodox movement. It has come to be known as his innovation.The vast majority of rabbis, both in the U.S. and Israel, denounced this maverick, declaring these divorces invalid. However, little by little, a number of rabbis from Orthodoxy's Left Wing began to accept the idea. As I have previously written, there is a not insignificant sector of Israeli rabbis who are openly challenging the Chief Rabbinate's ultra Right Wing policies, most famously in the area of conversions. But this has now spilled over into the area of divorce. A duly constituted rabbinic court in Safed (Tzefat) granted an 'agunah a "get", in the name of her husband who has been in a coma for several years, thus permitting her to remarry. Middle of the road and Right Wing rabbis were horrified, and they petitioned the Supreme Beit Din, headed by the Chief Rabbis of Israel, to invalidate this divorce. Before the Beit Din could issue an opinion, the woman's lawyers petitioned the High Court (secular) to not allow the Chief Rabbinate to speak, on the technicality that the petitioners were not parties to the case. In March, 2017,, the High Court issued a ruling that the Chief Rabbis could not undo the decision, and must allow the decision of the lower rabbinic court to stand. So where are my mixed feelings? The Chief Rabbinate is given, by Israeli law, sole jurisdiction in matters of marital status, and in matters of personal identity (Is a person Jewish or not Jewish? Married or single?). The High Court has essentially undone that jurisdiction. At the same time, it is becoming increasingly obvious to more and more people that the Chief Rabbinate is a body selected by a Knesset committee, on the basis of political deals. It no longer represents the approach of most religious Jews, let alone the views of most Israelis. However, the fact remains that secular, non religious, or even anti-religious, judges are making decisions about Torah and rabbinic law. This should be troubling to anyone who takes religion seriously. What if the U.S. Senate told me which prayer book I must use? On the other hand, what good is a discussion of political science, when a woman is doomed to a life of loneliness through no fault of her own? I have no answers. But I am troubled. So, is the Chief Rabbinate a blessing or a curse? It is clearly both.

Passover 28

The Eighth Day of Passover has no special rules. It might even seem anticlimactic. But Jewish tradition, and especially Hasidic Tradition, has made it into a climax. As I pointed out in one of my posts about the Seder, although the immediate emphasis is on past events, the future is also a factor. (Next Year in Jerusalem!). Prayers for the restoration of the Temple are also present. The Eighth Day is the flip side of this, when the historical makes way for the history that is yet to be. The Prophetic reading (Haftarah) prescribed in the Talmud for that day is Isaiah 11 and 12, which speaks of the coming of the Messiah (although the word is not actually used); a descendant of David, who will gather in the exiles from all lands, and reunite the alienated portions of our people. Peace will reign. From a Jewish standpoint, this is THE central Messianic prophecy; a great Prophet and Teacher, who will gather the exiles, and usher in a period of universal Peace. Any claimant to that title must fulfill these things, or is simply to be regarded as an imposter. One of the frustrations of our long exile is not only that the Messiah has not yet arrived, but that strangers sit on his throne. As far as Jewish tradition goes, that reading from Isaiah tells it all. We are being reminded not to lose hope, Deliverance is coming. Hasidic tradition took this much further. Every holiday would conclude with a meal (or other celebration) extending into the night after the festival. This was at once to savor another hour or two of the joyous occasion but was also seen as "illuminating the darkness" ahead, with the light of the Holy Day. (This has long been a feature in most communities for the end of Shabbat). But the last day of Passover is different. Many Hasidic communities call this "The Meal of the Mashiach". The Rebbes encourage their flock to keep faith strong. The Egyptian Exile had lasted for centuries, and when Moses announced that deliverance was here, few believed him. The reality of deliverance is emphasized. Chabad Hassidim actually drink four cups of wine at this meal. At the Seder, these symbolized the past redemption. But now, they are a symbol of a new deliverance that is surely coming. Often, a famous letter, purportedly from the Baal Shem Tov, written to his brother in law, Rabbi Gershon Kitover, describing a vision he had had, is discussed. In this vision, the Baal Shem Tov saw the Messiah. "When are you coming?" he asked. The Messiah responded "when your wellsprings overflow into the world". In other words, when a more spiritual understanding of Judaism, as taught by Hasidism, is accepted, Mashiach will come. Historians doubt the authenticity of this letter, but its message rings true nevertheless. These are, to say the least, comforting words. It is interesting to note that Moroccan Jews have a similar institution called the Mimouna. It is held the night after Passover. Hametz food is served, especially traditional pastries, and fried wraps called mufletas, which the participants fill with either jam or butter and honey The rabbis speak words of encouragement and faith. (Mimouna is derived from the Arabic word for "Faith"). The tradition is rapidly spreading to other communities. Should you walk by a Mimouna celebration, you can expect to be dragged in, dressed in North African garb, and stuffed until you can hardly walk.There are culinary differences for the Hasidim as well on the Eight Day. As I have discussed earlier, most Hasidim observe a tradition of not eating matzah that has become wet. (No matzah balls, etc). This is known as gebruchs. This has little (if any) halachic basis, and was denounced and mocked by non-Hasidic rabbis for many years. (I do not observe this, and urge others not to follow this absurd stringency). Today,however, it has become almost standard in most ultra-Orthodox communities. For seven days, the matzah is kept covered on the table, for fear that a crumb might fall into the soup. But on the Eight Day, not only is wet matzah permitted, but it becomes a sort of ritual. In some groups, a huge bowl of soup is brought to the table, with forty-nine matzah balls in it. The number forty-nine is an obvious reference to the Omer period. The Omer, brought on the second day of Passover, consisted of barley, which was primarily an animal food. After the Omer period, on the holiday of Shavu'ot. two loaves of hametz wheat bread were offered. This is a symbol of transformation. The transition from no wet matzah, to the deliberate, ceremonial wetting of the matzah, has many interpretations. But most obvious is the transformation from a strictness born of concern for possible transgression (no matter how unlikely), to a confidence that we live under Divine Providence, where soon even the dreaded hametz will become not only permissible, but an actual Divine service. Oppression shifts to Redemption. Next year in rebuilt Jerusalem!

Biblical New Year? Not in my Bible!

In some heretical Jewish sects, and especially in their online versions, one sees the New Moon of Nisan referred to as Biblical New Year. The supposed basis for this assertion is Exodus 12:2 "This month will be for you the first of months". Indeed, the months of the Jewish calendar are numbered from Nisan (called in the Torah "The Month of Spring"). People are often confused when they find out that Rosh HaShana, the "real" Jewish New Year" is in the seventh month! Yet, we never find the first of Nisan referred to in Scripture as the "new year", nor do we find any special observances for this New Moon more than the others. The sacrifices of the Temple were the same. No special ceremonies were ordained to mark this New Moon more than others. The problem here is that New Year has a totally different meaning in the context of Torah, from our modern concept of celebrating January 1st. The New Year, or, more correctly, the New Years, are the dates marking shifts in status of various things. A modern example is that racehorses, when said to be two or three years old, are counted from January 1st. A horse born anytime between January 2nd to December 31st, becomes one year old on January 1st. Similarly, in the Jewish calendar, we have four such "New Years".The first of Nisan is the New Year for dating the reign of Kings, and for setting the order of festivals. Therefore, Passover, which occurs in Nisan, is considered the first festival of the year. The first of Elul is the New Year for tithing animals. One may not tithe animals of different ages together. Like the racehorses, their age is determined by the first of Elul. This, too, has no special ceremonies. The first of Tishri, which we actually call "Rosh HaShana", establishes the years for Sabbaticals and Jubilees, agricultural cycles of grains and vegetables, as well as the Divine Judgement, made for every person. It is not so much a day of celebration, as of introspection. The Torah calls it "the Day of Remembrance". We find the month of Tishri, the Seventh Month, referred to as the New Year twice in Scripture. One time is in Exodus 34:22, with the Sukkot holiday (which occurs in the Seventh Month) referred to as "the Feast of the Harvest, at the return (renewal) of the year". In Ezekiel 40:1, the prophet speaks of a revelation on "Rosh HaShana, at the tenth of the month". The Tenth of Tishri is Yom Kippur. There is no special observance connected with the tenth of Nisan. The fourth Rosh Hashana is the fifteenth of Shevat, the New Year of the Trees, when the trees are considered one year older, which has implications for tithing of fruit, as well as fixing the first three years of a tree's life, when its fruit is forbidden ('orlah). Sabbatical year laws regarding fruit are also dependent on the fifteenth of Shevat. It should be noted that the years marked on the Jewish calendar today, originate from a Second Century work called "Seder Olam". Before that, years were marked by the reigns of Kings, later replaced in most Mediterranean lands by years marked from the reign of Alexander the Great. This was the dating system in force in Talmudic times, and is still used by the Yemenites. Other Jewish communities employ the system of the Seder Olam. Each of these days is significant. But only the First of Tishri is marked by special observances, and has become known as Rosh HaShana.