Israel's chief rabbinate questions 'commitment' of leading U.S. Modern Orthodox rabbi to Jewish law

Israel's chief rabbinate questions 'commitment' of leading 

U.S. Modern Orthodox rabbi to Jewish law

Rabbi Avi Weiss was previously disqualified from attesting to the personal status of members of

 his NY congregation seeking to marry in Israel.

By Yair Ettinger | Jan. 3, 2014 | 12:23 AM | 

The Chief Rabbinate has doubled down on its opposition to a leading American modern Orthodox rabbi, 

Avi Weiss, saying it doubts “the degree of his commitment to customary and accepted” Jewish religious law.

About two months ago, in a move that roused protests from Orthodox rabbis in both Israel and the United
 States, the Chief Rabbinate disqualified Weiss from attesting to the personal status of members of his New
York congregation who sought to marry in Israel. The decision even sparked a Knesset debate in November
on the rabbinate’s opaque policy of disqualifying certain Orthodox rabbis overseas based on no clear criteria.
Weiss, founder of the Yeshivat Chovevei Torah rabbinical school, represents the left flank of the Orthodox
 community, and he recently upset many in that community by becoming the first Orthodox rabbi to grant
ordination to women. But he is also highly influential in the American Orthodox community, hence the
outrage when the rabbinate refused to accept his affidavits regarding the personal status of people seeking
 to marry in Israel.
Weiss’ battle against the rabbinate’s decision is being led by attorney Assaf Benmelech on behalf of the
Ne’emanei Torah Va’Avodah organization. Thus earlier this week, the rabbinate’s legal advisor, Harel
Goldberg, sent Benmelech a response.
“The Chief Rabbinate has been contacted by various rabbis known to the rabbinate, some of whom hold
positions in the RCA [Rabbinical Council of America], who claim that Rabbi Weiss’ halakhic positions, as
expressed in various incidents and under various circumstances, cast doubt on the degree of his commitment to customary and accepted Jewish halakha,” Goldberg wrote, using the term for Jewish religious law.
The rabbinate hasn’t yet completed its own investigation of Weiss, Goldberg continued. “When this
investigation is finished, and to the degree that the Chief Rabbinate thinks there is a problem with
recognizing affirmations of Jewishness made by Rabbi Weiss, the findings of the investigation will be
brought to Rabbi Weiss for comment before a final decision is made.”
Regarding how the rabbinate decides which rabbis overseas it considers trustworthy, Goldberg wrote that
 it makes these decisions by asking other rabbis from the same country, “who are known to and trusted by
representatives of rabbinate,” about the rabbi under investigation. The rabbinate is careful to cross-check
 the information it obtains by asking several different rabbis from the same country, he added.
Rabbi Donniel Hartman, president of the Shalom Hartman Institute in Jerusalem, said it would be a
mistake to confine the debate to Weiss alone.
“It’s clear that the rabbinate is right about Weiss, from its perspective, and that’s the problem,” he said.
 “We have a Haredi [ultra-Orthodox] rabbinate with a Haredi worldview, but it serves the non-Haredi
public. That’s the Israeli absurdity we’ve created. It’s clear that by Haredi criteria, there’s doubt about
Weiss’ commitment to halakha. But the moment the State of Israel determines that there is only one
halakha, and it’s Haredi, we will disqualify not only Weiss, but most of the Jewish people. The question
isn’t only about the bounds of Orthodoxy. This is a rabbinate that’s disconnected from the lives of most
 of the Jewish people. The riddle that’s hard to answer is why the state allows this.”
Within Israel, Weiss is also being supported by Tzohar, an organization of moderate religious Zionist
rabbis, and ITIM, an organization that helps Israelis navigate the rabbinic bureaucracy. His American
supporters include superstar lawyer Prof. Alan Dershowitz, who in November asked President Shimon
Peres to intervene in the issue of Weiss’ disqualification.
“I am forced to see yet again how basic rights, such as the right to marriage, the right to self-definition
and the right of religion, are trampled by none other than the Israeli democracy we value so,” Dershowitz
wrote Peres. “This is yet another result of the rather unsuccessful fusion of Religious law and Israeli law,
and the problem seems to only intensify over time.”

My Orthodox Rabbi and Teacher is Honored by our Movement

David Hartman and the Reform Movement: ‘Kindred Spirits’ in Questioning (Video)
This is a transcript of Donniel Hartman’s remarks at the 2013 URJ convention after accepting the movement’s Rabbi Alexander Schindler Award on behalf his father, my rabbi and teacher Rabbi Prof. David Hartman.   By DONNIEL HARTMAN   Very often we only remember to say thank you, we only appreciate, we only really respect people sometimes after they die. But your love and respect and kindness to my father was something that he felt in his lifetime. He felt it, he counted on it, and he was nurtured by it. And as his son, and on behalf of my family, I thank you for that. For in many ways, even though tonight he’s getting the award and he’s not here, he felt that award for decades. Watch the entire award ceremony on the youtube link  http://www.youtube.com/watch?v=1S5asOdfysE#t=18   My father was an Orthodox Jew whose love of God compelled him on a journey to search and to build a Judaism of honesty. God didn’t diminish his sense of self; God obligated him and pushed him to stand tall as God’s covenantal partner and to ask, “How do I create a Judaism of excellence? How do I create a Judaism that makes sense? How do I create a Judaism of depth? How do I create an honest Judaism?” For he believed that only such a Judaism would continue and be deserving of continuity in our open marketplace of ideas, the marketplace that my father so loved to live in.     Today, in the few places that it happens, when an Orthodox, Conservative, or Reform rabbi sit on a stage together, they’ll be challenged and asked, “Please each one of you, say what it is that you respect most about the other.” Invariably, when asked to speak what they feel most respectful and most important about the Reform Movement, people will very often say it is your commitment to tikkun olam and to social justice. Those of you who knew my father know that he never spoke about tikkun olam. That’s not what he loved in you. What he loved in you was the kindred spirit to search for a Judaism of honesty, to build the Judaism of excellence.     A Judaism of honesty and excellence doesn’t just obligate us to look at our tradition, and to question, and to doubt, and to change that which needs to be changed. Very often the greatest challenge that we face to build that Judaism of excellence, to be honest, is not to simply try to correct a tradition that is 3,000 years old. Very often it is also to correct ourselves, to correct our own presuppositions, our own truths, our own givens. The most common leap of faith that people make is not a leap of faith in the name of God – if only it was so! It’s more often than not the leap of faith that we make in which we continue to walk in the path that we’re familiar with, that’s comfortable, that keeps our givens and presuppositions precisely in the same place.     What my father most respected about you and the Reform rabbis who were his hevrutas was your courage to question your own presuppositions. Over the last decades, your movement has not just simply been asking itself where it wants to go, but it also has been looking carefully and asking, where have we come from? Loyal to the last two centuries but also questioning, and saying, what must we change? What must be a new approach to Torah and mitzvah? What did we, as a movement, possibly get wrong? And it was precisely rabbis engaged in that question who found in my father a kindred spirit. And it is precisely in those rabbis that my father found a kindred spirit.     To be willing to criticize yourself is the beginning of building a new path of honesty, and my father loved that. He loved it and respected it in this movement. But there’s something else that moved him deeply.     My father was a Zionist. He didn’t just make aliyah. He loved living in Israel, and he loved Israel. For him, to be a Jew started with his commitment to the Jewish people. It started with a covenant of destiny, to be connected to a people. Torah came second. And for him, Israel was the canvas on which this people was going to write its new Torah, was going to shape a society built on Jewish values and Jewish ideas. For him Israel was not simply a place where Jews lived, it was the heart of what it meant to be a modern Jew. He looked at the Reform Movement and at Reform Jews, and he was amazed, because the truth is you should have walked away from Israel a long time ago. How much insult, how much alienation, how much lack of respect should a person take before they say, “Enough! What do I need it for?”     In a Jewish world where love for Israel is all too often dependent on having to agree with it, and if I don’t agree with it completely or it doesn’t live up exactly to what I want it to be, well then I can’t love it, I want Israel – and my father coined this term – I want Israel to be my nachas machine. And if it’s not my nachas machine, I’m not interested, goodbye. Or for others, love for Israel means agreeing with it, and therefore I need to agree with it by definition, or love for Israel is measured by the size of the flag that I wave. What he loved about you is that your love for Israel is measured in the fact that you’re willing to fight for it.     My father said in the ‘70s, Israel is too important to leave up to Israelis. And he saw you as people who were willing to fight to build a different Israel, who were not willing to walk away, even though in truth you should have. People who said, I don’t care what you do, the one thing you’re never going to do is to get me to leave you. I’m going to fight for you, and I’m going to love you enough to fight with you, to build a different type of Israel. My father believed that the meaning of Israel as the homeland of the Jewish people was to create a place where all Jews could feel at home, where all Jews could be respected. Not simply a place where all Jews would be drafted into the army, not a place where all Jews are allowed to die, but a place where all Jews could live and breathe and be respected. He dreamed of such an Israel. And he loved you for fighting to create such an Israel.     Thank you very, very much for this beautiful honor that you’ve bestowed upon my father. Thank you for the kindness, for the respect, for the Torah that you came to him to learn. Thank you for walking with him. He loved being with you, and he was inspired by you. Thank you very much.

More snow in Jerusalem!

Snow in Jerusalem!

A Thanksgivukkah Manifesto

A Thanksgivukkah Manifesto
By MISHAEL ZION (Hartman institute, Jerusalem) A once in a century holiday is upon us. The menurkey will soon sit at the table with thepumpkin pie and the latkes. Let us not underestimate this moment for the American Jewish community. Thanksgivukkah is here. Jews have always loved Thanksgiving. Now that their favorite American holiday finds itself face to face with America’s favorite Jewish holiday – Hanukkah – the encounter can say an enormous amount about the American Jewish collective story. In other words, Thanksgivukkah tells us something important about what Jews are doing in America. It starts with good timing. When Hanukkah falls on Christmas, it highlights Judaism as a religion, a fair contender on the scene of American denominations. But Thanksgivukkah yanks the carpet from under the convenient Christmas-Hanukkah dichotomy. The Thanksgiving of today grew out of its religious roots. The same could be said of the Judaism of many Americans. Thanksgiving is about America, but not in a celebration of patriotic triumphalism. It’s about America as a promise, an idea, a project. If, any other year, most American Jews sideline Judaism and celebrate Thanksgiving simply as Americans, this year’s calendar demands owning up to the Jewish take on the American story. In Thanksgivukkah this generation of Jews might just have found their model holiday. Indeed, if there is an “American Project”, Jews have been some of its most avid contributors. As narrators, critics, troubadours and activists, they took care of themselves while making plenty of room for others. To be sure, America is far from the only contemporary Jewish story. Jews have not one, but two Promised Lands: Israel and America have become the yin and yang of the Jewish people. As Hillel might have put it: “If I am not for myself – who will be for me?” – such is the Israeli project. “And if I am only for myself, what am I?” – the American Jewish project. “And if not now, when?” Thanksgivukkah brings home some of the challenges of a Jewry so invested in America. For the most part, American Judaism has failed at being a homemade identity, outsourcing the task to synagogues, Hebrew schools, Bnai Brith or AIPAC. Yet Hanukkah leaves the synagogues orphaned. With all due respect to public square Menorahs, any halakhist will tell you it’s the Menorah in the home that counts. Thanksgiving is the same: it is a homemade celebration of Americanism; it convenes the family in a feast of gratitude. Pilgrimages by air, track and road attest to the home’s centrality. Thanksgiving is a much needed model for an increasingly secular American Jewry. Where “cultural Judaism” is often “soft” and “optional”, Thanksgiving has an undeniably “commanding” presence. Who doesn’t come home for Thanksgiving, from wherever that may be? Who doesn’t have a turkey at the table, even if it’s made of tofu? Thanksgiving is an unapologetic model for a cultural identity being a commanding presence in one’s life. But Hanukkah one-ups Thanksgiving – it turns family time into story time. When asking where the Bible commanded us to light the Hanukkah candles, the Talmud responds: “We learn that we must light candles from the Biblical verse: ‘Ask your father, he will tell you’.” The candles set the stage for a story. Yet in those rare moments where a family Thanksgiving allows for a discussion, it is often of a “here and now” gratitude. Hanukkah’s gratitude, on the other hand, is rooted. A Thanksgiving-style family meal with Hanukkah-style stories ask us to place the individual narrative on a longer trajectory – why did we come here, how did we achieve the things for which we are grateful, and where do we – individuals, community and country – go from here. That is what Thanksgivukkah should be. It should turn a generation of immediate gratification into one of rooted gratitude. It’s not about religion or musty history, but about the power oflocal family stories. America and Judaism each face severe struggles adapting to a flat world. Both are undermined by an increasingly divided base. They need their stories more than ever. Ask your mother; she will tell you. For an American Jewish community increasingly consisting of families of both Jewish and non-Jewish members, Thanksgivukkah is a moment that allows for a diversity of stories at the table. Hanukkah’s Jewish coat over Thanksgiving’s American jersey throws us back to the vision of America as a series of cultural pluralisms. Thanksgivukkah asks us to keep telling the stories that go beyond America. Thanksgivukkah is an invitation to celebrate the places where Jewishness enriches America, and where America enriches the Jewish people. Jews have always preferred stories to dogma and ritual to creed. This November American Jews are invited to sit down at the Thanksgivukkah table and tell stories of rooted gratitude. Let’s make sure this happens more than just every 70,000 years. Happy Thanksgivukkah.

Rabbinate's discrimination of Orthodox rabbis abroad prompts emergency Knesset meeting

Rabbinate's discrimination of Orthodox rabbis abroad 

prompts emergency Knesset meeting

Conservative and Reform movements increasingly demanding recognition of their 

conversions and marriages in Israel.

By Yair Ettinger | Nov. 13, 2013 | 

The Knesset’s Religion and State lobby will hold an emergency meeting on Tuesday on what it describes as the “split between Israel's Chief Rabbinate and the Jewish Diaspora,” which is worsening with the exposure of the Rabbinate’s policies against moderate Orthodox rabbis overseas.Rabbinate officials have, in recent years, questioned the Jewish legal authority of a number of these liberal

 Orthodox rabbis abroad, and refused to recognize the conversions they have conducted. The latest case,
 involving prominent New York Rabbi Avi Weiss, has fueled suspicions that the Rabbinate maintains a secret
 "black list" containing the names of Orthodox rabbis from overseas.
The Knesset meeting was preceded by letters and protests from rabbis and various organizations in Israel,
such as the Tzohar group of rabbis, the religious Zionist Ne’emanei Torah Va’Avodah, the Shalom Hartman
Institute and ITIM, an organization that helps people navigate the religious authorities’ bureaucracy in Israel.
It will take place amidst increasing demands of the Conservative and Reform movements abroad for
recognition of their conversions and marriages in Israel, a central issue on the agenda of the General
Assembly of the Jewish Federations of North America, being held this week in Israel.
In the most recent case that sparked the anger of both Israeli rabbis and prominent American Jews, the
Rabbinate cast doubt on the authority of Rabbi Avi Weiss, a well known and influential liberal Orthodox
rabbi from New York. It rejected a letter by Weiss vouching for the Jewish credentials of an American couple
 seeking to wed in Israel (the Rabbinate routinely requires a letter from an Orthodox rabbi certifying one’s
 Jewish identity in cases of non-Israelis seeking to immigrate or marry in Israel). The couple was asked to
bring a letter from a different rabbi.
Weiss, the spiritual leader of the Hebrew Institute of Riverdale and founder of Yeshivat Chovevei Torah,
 has been the subject of controversy in recent years for pushing the envelope when it comes to ordaining
Orthodox women as clergy. After learning that his credentials were being challenged by the Rabbinate,
Weiss penned an opinion piece in the Jerusalem Post earlier this month, calling on Israel to end the
Rabbinate’s “monopoly on religious dictates of the state.”
The case added to suspicions that the Rabbinate has a black list of Orthodox rabbis from overseas, whom
 they consider too liberal or improperly ordained - including rabbis who belong to mainstream Orthodox
 organizations such as the Rabbinical Council of America. Weiss left the RCA - some say he was forced to
 leave - after being criticized for ordaining the first woman as an Orthodox community rabbi.
Prominent law professor Alan Dershowitz asked President Shimon Peres to intervene in the case of the
 apparent blacklisting of Weiss by the Chief Rabbinate. Dershowitz, a practicing criminal and constitutional
 lawyer, wrote to Peres on Monday saying: “Rabbi Weiss is one of the foremost Modern Open Orthodox
rabbis in America and one of the strongest advocates anywhere for the State of Israel. As a person – I am
deeply saddened by the pubic shaming of my friend, Rabbi Avraham Weiss, the leader of a flagship
Orthodox congregation.
“As a Jew – I understand that today more than ever before there is a chasm between the Jews of the United
 States and the religious institutions in Israel. This is clearly expressed in the rejection of the most
elementary and fundamental testimonies and confirmations. I am disturbed by this, and by its
 ramifications, and call upon the leaders of Israel to first understand that there is a serious problem
which demands attention, and to understand that they mustn’t bend to baseless religious tyranny," wrote
Dershowitz.
“As a lawyer – I am forced to see yet again how basic rights, such as the right to marriage, the right to
self-definition and the right of religion, are trampled by none other than the Israeli democracy we value
 so. This is yet another result of the rather unsuccessful fusion of religious law and Israeli law, and the
problem seems to only intensify over time."

New civil marriage bill could land bride, groom and rabbi in jail for two years

New civil marriage bill could land bride, groom and rabbi in jail for two years

New bill expands existing clause barring ceremonies outside the Rabbinate, rendering hundreds of thousands of Israelis potential criminals.

By Tomer Persico | Nov. 5, 2013 | 1:34 PM

Family law in Israel is a bit like Frankenstein, constructed in a patch-like manner, limb by limb, with a law here and a High Court ruling there. Before one realizes it, the impressive legal entity we are faced with is an entire body. The facts speak for themselves – ever-increasing numbers of Israel’s Jewish citizens opt to wed outside the rabbinical framework. While running for the chief rabbi’s office, Rabbi David Stav warned that one third of secular couples today find other ways of getting married. The subsequent election of two conservative chief rabbis will presumably strengthen this growing trend.

Last week, a flash of light flickered in the darkness. A law calling for the expansion of registration zones and easing up on restrictions was passed by the Knesset, and every citizen will now be able to choose the religious council in which his marriage will take place. Theoretically, this will allow one to find more tolerant officials, such as ones who won’t insist on the bride producing a note confirming her dipping in a mikve. This is a positive development, making things easier, but it doesn’t really solve the problem. We are still bound by law to get married exclusively by Orthodox rabbis. We can console ourselves with the hope that we might find a nice rabbi.

However, this wasn’t the only change to the law that was enacted last week. In addition to increasing the number of registration offices, there was a change to the clause which penalizes those who marry outside the Chief Rabbinate. While the original law stated that anyone "who does not register a marriage or divorce at the Rabbinate will be charged according to the amendments to clause 99 of the Ottoman criminal code," the new amendment stipulates that in addition to the couple getting married the officiating rabbi will also be charged. Instead of the breezy reference to the old Ottoman law, the new legislation stipulates that both husband and wife and the rabbi performing the ceremony will be subject to two years’ imprisonment.

Don’t rub your eyes in amazement. You read it correctly. Anyone who dares to get married outside the official framework of the Rabbinate will end up in jail for two years. It should be noted that the law in its previous form was never enforced, and couples marrying outside the fold were not prosecuted. However, there is no valid reason for turning hundreds of thousands of Israelis into criminals.

One should remember that among those who wed outside the Rabbinate there are many who do so for lack of choice. There are currently more than 300,000 people in Israel, mainly veteran immigrants from the former Soviet Union, who are not considered Jews according to Orthodox Jewish law, preventing them from marrying within the rabbinical framework. The new law adds to this injustice. The fact that they cannot marry in their own country is scandalous enough. Now, if they hold a ceremony not through the Rabbinate, which in any case will not be recognized by the state, they are breaking the law and are liable to be imprisoned for two years. Maybe they have to stay single forever.

In addition to this group, other people who are ineligible for marriage by Orthodox Jewish law, such as ‘bastards’ born out of wedlock (mamzerim), divorcees, Cohanim, will all become fugitive criminals if they try and arrange a chuppa (wedding canopy) for themselves, after being rejected by the state. Israel is the only democracy in the world in which family law is subject to a religion. It is now taking a fundamentalist step forward by joining the small number of states in which transgression against a religious law is punished by a jail sentence. Indeed, a light unto the nations!

The process is as clear as it is pitiful. In its attempts to maintain an orthodox monopoly in the public sphere, the state of Israel must run faster and faster just to stay in one place. The ancient phobia directed at assimilation and bastards is creating ugly hybrids of religious law and bureaucracy, monsters of religious coercion roughly put together, presenting an ugly visage. There is nothing like the threat of imprisonment that emphasizes the bankruptcy of the Chief Rabbinate in its values and image, no better sign of its impending collapse.

After I got married three years ago I joined a group that arranges civil, secular wedding ceremonies as part of the ‘Havaya’ organization. I wanted to join the effort to establish an alternative to marriage within the Rabbinate for two Israeli populations: those hundreds of thousands who are forbidden from getting married in their country, and those hundreds of thousands who are permitted to but for whom the last thing they wish for is a ceremony conducted by an Orthodox rabbi who doesn’t share their values.

I’ve conducted several ceremonies since then, which I obviously did not register at the Rabbinate. I and my friends will continue with this sacred work, from now on specifically challenging this law, which uses the power of the state for religious coercion, and which stands in contrast to democratic principles.

The writer is a researcher of contemporary religions at Tel Aviv University.