Jewish Life Fall 1976

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TISHREI 5737/FALL 1976

Comments /Jewish Life; A Progress Report /A Year of Geula /Jews 0, Lions 0 /Rabbi Leo Jung: Living Judaism 7 Bravo to The New York Times America's Bicentennial; A Torah Perspective/ A classic definition of Freedom which becomes more relevant with the passing of time.

A Jewish Sexual Ethics /With an aside on how

a Jew destroyed Christian sexual myths.

A Monument to Judah Touro— Proper Or Not?

Some Early-American roots of the Edifice Complex/ A Disappearing Community: Jewish Life on New York's Lower East Side /A few works and

a few photographs.

"Com puting" Jewish Law /Mathematicians

and technologists Join scholars in a Torah retreival project.

Letters to the Editor /On the Quinlan Case: An

Exchange /On F.D.R. and the Jews

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3 ishrei

5737

Editor:

Yaakov Ja| Associate I

Y aak o y l Editor Ei

Saul Bern Editorial Be

David Co]; Sam uel G J. David B Lawrence David Kra Sh im on W Chairman/ Publications

Lawrence Published b UNION OF JEWISH CO OF AMERIC

Resident:

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H ARO LD 3

■Mrs. Linore Ward and Family have established the

Chairman of ] JO S E P H K,

Honorary Ch SA M UEL C

Honorary Prd M O S E S I. 3 M A X J. ET) D R. SA M U

Senior Vice P DR. B ER N / D A V ID PO

Vice Presiden NATHAN » JU L IU S BEB M A R V IN H SH ELD O N R E U B E N E. FR E D EH R h

Treasurer: M A R V IN H

Honorary Trea M O R R IS L.

Secretary: M IC H A E L WIMPFHEI3V

Financial Secre BERN ARD L /National Direct R A B B I DAV] ®Copyright 197 Orthodox Jewii of A m erica. !

JEWISH LIFE, i Hons/ may not 1 cept by written this magazine 1 request. JEWIS lished quarterly year — $5.00/ 2 ] years — $13.00.1 per year. Sin$ Editorial & Pul 116 E. 27th St., 10016. Second C New York, N / tional mailing o:

Jess Ward Memorial Jewish Life Fund to assure the continued publication of Jewish Life in its expanded format and to continue the dissemination of Torah ideology to English-speaking Jewry throughout the world.

The Fund is a tribute to the sacred memory of ||

Jess Ward

who, in his lifetime gave of his talents and his means to his fellow Jews.

We pray that these pages shall be a worthy memorial to his committed life.

TISHREI 5737/FALL 1976

Contents 2

Comments

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Americas Bicentennial: A Torah Perspective / Ralph Pelcovitz

19 A Jewish Sexual Ethics / Eliezer Berkovits 31

A Monument to Judah Touro -— Proper-Or Not? / A Question and Some Response

41 A Disappearing Community: Jewish Life on New York's Lower East Side / William S. Aron 48

The Old Cemetery / Chaim Feinberg

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"Computing" Jewish Law / Samuel W. Spero, Menachem Slae

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Letters to the Editor

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Jewish Life: A Progress Report This issue of Jewish life is the fourth in our annual cycle—it should have been the first in the new cycle. For the benefit of our subscribers—and librarians—it is called “Number Four." We hope in the course of our next annual cycle to catch up.

The response to our new format has been encouraging. The list of our subscribers is growing. Yet we feel we have more adequately demonstrated the need for an invigorated Jewish Life, than actu­ ally fill that need. This we need not belabor: We shall have to do better over the coming months—and years.

We need your help. We need more subscribers to help cover the growing costs of production and mailing. We need more readers to share our concerns and ideas with. More readers will give you a better magazine. And you can help us.

Pass your copy around among people you know.

Urge them to become subscribers.

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Send gift subscriptions to your family and friends. There is no person?! milestone in Jewish life that would not be a good time to give a gift subscription. (Incidentally: multiple-year subscriptions save you money two ways: they are cheaper; and we are commit­ ted to honoring them even if the annual rate goes up.) There are also special rates for group subscriptions.

Again: Help us to make Jewish Life grow. We'll all be the better for it.

A New Year: A Year of Geula A new year is coming: for the Jewish People and for Jewish life, in descending order of importance, of course. And, perhaps a proper goal for this journal is to more closely relate the two.

I recently spent an evening with a group of Jewish historians.

The discussion turned for a while to the subject of Sabbatai Zvi and other false messiahs. In defense of Jews who believed in these men, the position was urged that one had to appreciate what life was like for Jews in those historical periods, and how anxiously they awaited Moshiach. I came away from the discussion wonder­ ing how well a false messiah might fare in our time. If, for a mo­ ment, we accept the proposition that greater anxiety for Moshiach is a criterion, I fear that a false messiah would not do well if he chose to appear on the American continent. In a word: those of us who are completing the celebration of two hundred years of free­ dom show few signs of being overly anxious for the end of days."

A would-be messiah would surely do better to make his appear­ ance somewhere in the Middle East, or in some obscure place in the Soviet Union. Yet our belief in the Coming of Moshiach should not be a function of insecurity and persecution, it is a cardinal principle of the Jewish faith.

Each day that goes by, each new year brings the Geula closer-—if 2

only mathematically. The joy of the rescue at Entebbe, shared by all Jews who still go by that name, should not lull us into a sense that anything less than Divine Providence in a final unfolding will bring peace to Klal Yisrael. We have learned to place no trust in others for our own security. Let us learn not to place trust in our own might.

A heightened awareness of our need for Moshiach will do many things. It will enliven collective and personal spiritual lives; it will invigorate our prayers for a good new year; it will bring us closer together; and it will hasten the Coming of Moshiach. Let us pray for our Redemption and let each of us dedicate our lives to doing all that we can to make the new year a nyivm nbiNi row.

—Which takes us to the "lions" and the Jews.

Jews 0, Lions 0 American Orthodoxy in the first quarter of the twentieth century was influenced by a composite of "Litvishe" and German Jews.

Chassidic Jews were rare as were Chassidic institutions. During and following World War II Chassidic Jews came here in large numbers for reasons that are painfully obvious. They quickly built their own Torah and communal institutions and they are today a major force in American Jewish life. They also brought about a marriage of Chassidus with the earlier streams in American Jewish life. The courtship was stormy at first, both sides wanting to hear nothing of the " s h i d u c h , "but today the marriage has become a living reality, with only an occasional domestic squabble. The mar­ riage is most manifest not on the organizational level, but in the area of religious observance and styles of observance. Song and dance, frowned upon in the "Litvishe" Yeshivos, is now com­ monplace. In essence: Chassidus did for American Orthodoxy what its founders did for European Jewry—they re-introduced into the mainstream of Jewish religious life aspects of observance that had fallen into disuse.

I've taken this circuitous route to tell a story—and probably not a I've taken this circuitous route Chassidic story at that. Chassidus re-affirmed the Torah truth that to tell astory-and probably not a a story can be Torah, if it poetically illuminates a Torah truth. My Chassidic story at that.

Chassidus re-affirmed the Torah story is a classic whose meaning has come crashing in on me as a truth that a story can be Torah, if result of some communal and personal experiences. it poetically illuminates a Torah A Jewwas down on his luck. His little business had failed and he couldn't truth. My story is a classic whose even find a job. Passing by a traveling circus that had camped near his meaning has come crashing in on me as a result of some communal town, his eye caught a sign reading: MAN WANTED. When he asked and personal experiences. what the job entailed he was told, "All you have to do is put on a lion's skin and go into a cage with another lion." In response to his frightened look he was assured, "Don't worry, the lion is harmless. " Recalling his hungry family, he reluctantly accepted the job. As the cage door was locked behind him, the "harmless" lion looked at him, took his measure, and gave out a terrifying roar. Convinced his end was near, he cried out "Sh'ma Yisrael...," only to hear the "other lion" give the traditional response, "Baruch Shaim K'vod..."

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Wherever we turn in Jewish life today //lions,/ are roaring at each other, tearing each other apart—without the benefit of the tradi­ tional Biblical verses. It's happening between committed Jews and secular Jews; between Zionists and non-Zionists; at times even between the partners to the marriage we have referred to. But what concerns us here is the roaring that takes place—at times publicly and at times behind closed doors—between Jews and between groups of Jews who are committed to the belief that we all stood together as one at Har Sinai where the Torah was revealed to us.

What this roaring is doing to us need not here be belabored. It is hurting us more than the roars of secular Jews which we are too easily prompted to blame for all of our miseries.

Organizational and institutional rivalries are as often based on personal hostility as on ideological differences. I know of two At all levels of Jewish life-front prominent Orthodox leaders, who are often at each other s throats, the board rooms of national whose hostility goes back to their yeshiva days. Surely they have organizations to the meeting ideological differences, but how much are their differences and the rooms at the local synagogue-!ews are roaring at magnitude of their roaring a function of sophomoric rhetoric. I each other, for equally absurd know them both; they are good men; they work hard for K'lal reasons; the difference on the Yisrael; they are committed to Torah and they have both made various levels is one of magnitude unique contributions to the strengthening of Jewish life in Ameri­ only. They have this further in common: They diminish the ca. But I dispute their belief that they must roar at each other. At all capacity o f a strong Orthodoxy to levels of Jewish life—from the board rooms of national organiza­ make its weight felt in the larger tions to the meeting rooms at the local synagogue—Jews are roar­ American Jewish community. ing at each other, for equally absurd reasons; the difference on the various levels is one of magnitude only. They have this further in common: They diminish the capacity of a strong Orthodoxy to make its weight felt in the larger American Jewish community.

The skeptic will here charge me with more “sophomoric "There is a practice which I rhetoric." Let me then propose a plan of attack. In one of the observed in my lifetime which I ethical wills in which Jews in the past bequeathed their spiritual enjoin you to follow. When estates to their children a father writes—I paraphrase: “There is a praying with a minyan I would pause before reading the Sh'ma. I practice which I observed in my lifetime which I enjoin you to would look about me before follow. When praying with a minyan I would pause before reading declaring my love o f the the Sh'ma. I would look about me before declaring my love of the Almighty and ask myself if I Almighty and ask myself if I truly love His creatures^—my fellow truly love His creatures-my men. I would look about me at the others praying with me. If my fellow men. I would look about me at the others praying with eye caught someone for whom I could not honestly affirm my love, me. If my eye caught someone for I did not go on until I had warmed my heart toward him. Only whom I could not honestly affirm then did I affirm my love for the Almighty." my love, I did not go on until I had warmed my heart toward This is what Torah is all about. This is what separates the men him. Only then did I affirm my from the boys. And if this is too much to ask of every believing love for the Almighty."

Jew, then let's stop our polemics and go back to "cheider."

Let no reader for a moment believe that the writer of these words claims to be immune from “sophomoric rhetoric." I am no stranger to the issues which divide us. I have been involved in the ideologi­ cal struggles which divide us, and I have done my share of roaring—on pieces of paper. Unless the Elul experience proves more successful for me than it has in the past, I suspect I may play the “lion" again. But my mejects a esh n r any and all excuses fo failure to sit together. There are issues that divide us, and my own 4

partisan positions on these issues are on record. But let us talk about these issues together, as Jews committed to Torah. If we must roar at each other, let us at least get into the same cage together, and let us at least respect each other and say Sh'ma Yisrael before we begin to roar. There must quickly be a united council of all Orthodox bodies in America. We must sit together. We must counsel together. We must work together Ha'Shem, for the glory of G-d and His Torah—and for the security and well-being of our brothers and sisters in the Holy Land.

Rabbi Leo Jung: Living Judaism Milestones have become commonplace in the life of Rabbi Leo Jung, the most outstanding expositor of Torah philosophy in American Jewish history. In 1962 his congregation, The Jewish Center, published The Leo Jung Jubilee Volume in honor of his seven­ tieth birthday and the fortieth anniversary of his rabbinate. More recently, Rabbi Jung reached a new milestone, which has not adequately been noted in American Jewish life.

In 1927 Rabbi Jung published Living Judaism, a collection of his own essays whose title reflects the major emphasis of his literary achievement: demonstrating to American Jewry the vitality of Or­ thodox tradition and its belief, which so many had come to think of as no longer alive. Shortly thereafter, Rabbi Jung began to publish successive volumes of The Jewish Library bringing to the American Jew the finest and most lucid work of Jewish scholars writing in the English language. Many generations of searching Jews—young and old—were nurtured on these volumes. Issued by various pub­ lishers over a period of three decades, the volumes have been difficult to find, depriving many thousands of would-be readers of the delights of Rabbi Jung's work.

Now, the world-famed Soncino Press of London is issuing the At this stage in American volumes of The Jewish Library in a magnificent new edition, beauti­ Orthodoxy's development and fully printed and bound. The new edition is enhanced by a two- growth, The Jewish Library is more valuable than ever because volume collection of Dr. Jung's smaller writings under the title there are so many more faithful Panorama of Judaism. At this stage in American Orthodoxy's de­ who are thirsting for clear velopment and growth, The Jewish Library is more valuable than exposition of Torah categories ever because there are so many more faithful who are thirsting for and ideologies. clear exposition of Torah categories and ideologies.

As I look back at what I have written, I sense that my words smack somewhat of what journalists call "puff." I fall back on the words of an earlier admirer of Rabbi Jung. Writing in the Jubilee Volume, Herman Wouk says: "Rabbi Leo Jung has held the fort for "Rabbi Leo Jung has held the fort the Mosaic faith with his writings, his teaching, his editorial work, for the Mosaic faith with his with the impact of a charming and forceful intelligence, through writings, his teaching, his five of the most desperate decades that the Jewish people have editorial work, with the impact of charming and forceful ever endured." intelligence, through five o f the We are grateful to Rabbi Leo Jung for his wise exposition of most desperate decades that the Torah over the years, and we are grateful to the Soncino Press for Jewish people have ever their wisdom in restoring The Jewish Library to American Jewry, endured."

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and bringing it to British Jewry. That Rabbi Leo Jung was the first editor of this journal is a fact that must inspire and challenge those who are now responsible for its publication.

Bravo to The New York Times As a critic of The New York Times coverage of Jewish affairs whose views have been described as bordering on paranoia, I rush to compliment The Times on the article reporting the growing use of Mikvah in the United States (August 16). (For readers who do not have access to The Times we will be pleased to send a copy of the article.) The Times has demonstrated that they can indeed write about Jewish tradition without distortion of classic concepts, and without the shmaltzy style that often turns serious matters into farce. Our congratulations to Nadine Brozan who wrote the story and to the rabbis and ladies whose cogent remarks contri­ buted so much.

We single out for praise the unnamed woman who asked that her name not be used—in keeping with the modesty which tradi­ tionally surrounds use of the Mikvah.

In This Issue It is too soon to evaluate just what the Bicentennial celebration has done for the American people. It was no coincidence that the news of the rescue at Entebbe came to this country at the height of the July fourth celebration. Providence delivered an eloquent sermon on the relationship between the Jewish concept of the Dignity of Man, and American democracy. But there is yet a need to examine closely this relationship. And this Rabbi Ralph Pelcovitz does for us in his: "America's Bicentennial: A Torah Perspective."

It was an exciting experience stumbling on an exchange entitled "Touro Monument Question" in the May, 1861 issue of The Occi­ dent, and American Jewish Advocate, a nineteenth-century Jewish periodical. Members of our Editorial Board agreed—as one of them put it—that "the exchange is as noteworthy for the clarity and grace in which the questions and replies are expressed, as for the halachic opinions themselves." We think you will enjoy it as much as we have.

The "sexual revolution" has left Orthodox Jews in a dilemma. Its excesses are surely deplorable, yet in many instances they were responding to religious attitudes to sex which hardly reflect au­ thentic Torah teachings. Dr. Eliezer Berkowitz, in "A Jewish Sex­ ual Ethics," makes a major contribution to understanding what is happening and why it is happening.

Photography is Art. William S. Aron's photo-essay on the Lower East Side of New York City should dispell any doubts you may have harbored on the camera's claim to equal rank with the brush—and the pen.

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Jews today write two kinds of poetry. Some of it is far removed from authentic expressions of the specifically Jewish; and some is so patently Jewish as not to be poetry. We believe Chaim Feinberg's "The Old Cemetery" is a poetic expression which avoids both pitfalls.

An article on computers and Halacha has the ring of the old chestnut: "The Elephant and the Jewish Problem." But "'Comput­ ing' Jewish Law," by Samuel Spero and Menachem Slae describes an exciting application of computer technology to the resolution of questions of halacha. Its potential as an educational tool is also being explored at Bar Ban University and in this country. Readers interested in the program may write to Mr. Slae at Bar Ilan.

We are pleased to publish in this issue our first letters section; we are still anxious to have a larger volume of written response from our readers. Would-be writers are reminded that many students of journalism believe that letters to the editor are more widely read than the articles they relate to. So here's your chance to sound off in print—a mixed metaphor, but an exciting experience nonethe­ less.

We are preparing for our next issue an omnibus article on cur­ rent book listings from various publishers of interest to the Jewish reader.

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Ralph Pelcovitz

America's Bicentennial: A Torah Perspective The Liberty Bell in Philadelphia will be viewed by millions during this Bicentennial year, as the United States of America celebrates its two-hundredth birthday. Most will read the inscription on it: "Proclaim liberty throughout the land, to all the inhabitants there­ o f." Few will know its source—Seifer Va'yikra, the Book of Leviticus. The founding fathers, steeped in the Bible, chose this phrase because they felt the idea of liberty and freedom had its roots in the Hebrew Bible. "The Hebraic mortar cemented the foundations of America Democracy"—a sentiment voiced by the 19th century Irish historian, William Lecky—would have brought a nod of agreement from the gentlemen gathered in Philadelphia two hundred years ago. They may not have been as extravagant in recognizing their debt of gratitude as Heinrich Heine who wrote: "Since the Exodus, freedom has always spoken with a Hebrew accent," yet they did choose these words of the Bible to express their dream of liberty and vision of human freedom.

The Roots of Liberty As Americans we join in the celebration of the Bicentennial. As Jews we should examine the common roots of liberty we share with our fellow citizens. As Orthodox Jews we should define the concepts of liberty and freedom from the Torah perspective and compare them to the original ideas of the early statesmen and political theorists of 1776.

The first idea we will examine is "hakoras ha'tov," the debt of gratitude we owe to the United States of America and the impor­ Ibn Ezra, in his commentary on tance of recognizing and appreciating the benefits we enjoy. The Torah, links the word d'ror to that of a "small bird which sings second concept we will examine is "nisayon,” the test and the chal­ only when free but when captive lenge to which we are put when living in such a free and open refuses food and pines away," a society. And we will then contemplate our role as the "Eternal translation which anticipates the Stranger," even when we enjoy full rights and opportunity as famous "Give me liberty or give me death!" The bird called d'ror citizens of the United States. is further described by the Sages The word for 'liberty' in the Hebrew text inscribed on the liberty as one that accepts no mastery, Bell is "d'ror,” an uncommon word, as compared to its synonym cannot tolerate confinement, and "chairus," which appears quite frequently in Biblical, Talmudic, rejects control. and other classical Jewish sources. The Talmud (Rosh Hashonah 9:) states: "all agree that d'ror is an expression of freedom." The Rabbi Ralph Pelcovitz is an etymology is traced to the word " , " to reside: "One who is outstanding expositor of free to reside where he wishes and transport merchandise Orthodox Judaism. He recently throughout the state at w ill." Freedom of movement is the celebrated the twenty-fifth anniversary of his rabbinate at yardstick of liberty as the Sages understand it, a concept shared by the Congregation Kneseth Israel, political thinkers since earliest times and embraced by the early the famed "White Shut" in Far American colonists. Ibn Ezra, in his commentary on Torah, links Rockaway, New York 9

the word d'ror to that of a "small bird which sings only when free but when captive refuses food and pines away," a translation which anticipates the famous "Give me liberty or give me death!"

The bird called d'ror is further described by the Sages as one that accepts no mastery, cannot tolerate confinement, and rejects con­ trol.

Freedom and Restraint Both freedom and liberty are defined as "an absence of restraint, a release from compulsion" and "the power to choose what one does or says, " a power which can be abused unless there is an inner force of restraint, an element of discipline and a spirit of responsibility .

"Society cannot exist unless a controlling power upon the will and appetite is placed somewhere, and the less of it there is within, the more there must be of it without. It is ordained in the eternal constitution of things, that men o f intemperate habits cannot be free. Their passions forge their fetters."

Attractive as freedom and liberty may be to man, all intelligent people recognize the fragile character of freedom and the ever­ present danger of liberty deteriorating into license. Both freedom and liberty are defined as "an absence of restraint, a release from compulsion" and "the power to choose what one does or says/" a power which can be abused unless there is an inner force of re­ straint, an element of discipline and a spirit of responsibility.

Since the Exodus, Judaism has recognized the need for a sober, careful approach to this great gift of while resisting its intoxication. This is manifest in the drinking of wine on the Seder night, when we celebrate the Festival of Freedom. We drink with order and moderation teaching ourselves to be disciplined and contain our spirit of freedom.

Judaism's sensitivity to the potential dangers inherent in undis­ ciplined freedom, was profoundly appreciated by the architects of American freedom. There is a parallel spirit of prudence and an understanding of the imperative of restraint and control both in Torah Hashkofah and in the classical American attitude. The words of Edmund Burke, the eighteenth century English statesman and political philosopher would find an echo of affirmation in the two communities with which we identify. Burke speaks of the need to put chains on one's appetites if we are to insure that our liberty and freedom not be transformed into license and anarchy. "Society cannot exist unless a controlling power upon the will and appetite is placed somewhere, and the less of it there is within, the more there must be of it without. It is ordained in the eternal constitution of things, that men of intemperate habits cannot be free. Their passions forge their fetters."

The Decalogue and Natural Rights These eloquent sentiments are a remarkable reflection of the Mishnah in Avos which states, regarding the Decalogue: "Read not that they were graven (chorus) upon the tablets, but rather that it was freedom (chairus),for no man is free but he who occupies himself with Torah." Ultimate freedom is the free acceptance of Torah, of G-d's commandments, the discipline of the Almighty.

These are the controlling powers upon will and appetite of which Burke speaks—the true guarantors of freedom and liberty. Perhaps the more thoughtful men who dream of a truly free society—yet one that would be responsible and disciplined under law—sensed that the origins of liberty were indeed to be found in the Bible and the Talmud.

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Not only in the realm of controlling freedom and disciplining liberty did the Founding Fathers reflect Torah concepts, but also in another important area. Modern day political scientists constantly stress that a democratic society draws its authority from the people and the rights of all men are protected by legislation and the State.

In the early period of this nation, however, our leaders, imbued by a religious spirit, understood that it is not in the hands of man alone to grant freedom but that there is a higher authority which dictates the dignity of all men. The warm wise words of George Washington in his celebrated letter to the Hebrew Congregation in Newport, Rhode Island, certainly reveal his awareness of the character of liberty, as Jews have always understood it. “It is now no more that toleration is spoken of, as if it were by the indulgence of one class of people that another enjoyed the exercise of their inherent natural rights. For happily the Government of the United States, which gives to bigotry no sanction, to persecution no assis­ tance, requires only that they who live under its protection should demean themselves as good citizens."

"It is now no more that toleration is spoken of, as if it were by the indulgence of one class of people that another enjoyed the exercise of their inherent natural rights.

For happily the Government of the United States, which gives to bigotry no sanction, to persecution no assistance, requires only that they who live under its protection should demean themselves as good citizens."

Man's Inherent Rights These sentiments must strike a responsive chord in the minds and hearts of Jews, who can readily appreciate the concept that man's inherent rights to freedom come from G-d and not from the toleration of man. That Jews, by and large, accepted the charge given to them to behave as good citizens is a matter of historic fact.

To conform to the American society's standards and civic conduct was not difficult for in many ways they corresponded to our basic values. The work ethic, the merit system, and the idea that rights carry with them duties—all basic early American principles— evoked an enthusiastic chorus of consent and approval from the Jewish community. These were all values cherished by Jews, and therefore welcomed as part of the fabric of American society.

In general the United States proved to be a country functioning in a political climate conducive to compromise and conciliation, inhabited by people basically decent and fair, a society fundamen­ tally moral, lawful—-and above all, one that has no fixed classes, no aristocracy, and no blatant bias sanctioned by the government.

True, discrimination has been practiced, certain doors of opportun­ ity were closed to Jews, and the United States has not been im­ mune to the virus of antisemitism; but compared to other countries and nations, we Jews have rarely, if ever, been granted such free­ True, discrimination has been dom, liberty and opportunity as we have enjoyed in this country practiced, certain doors of during the past two hundred years. The Jewish People, destined to opportunity were closed to Jews, the United States has not spend the major part of its history as a nation in exile, learned very and been immune to the virus of early how correct Jeremiah was when he admonished them during antisemitism; but compared to the Babylonian exile: "Seek the peace of the city and pray unto the other countries and nations, we Lord for it, for in the peace thereof shall you have peace." Upon Jews have rarely, if ever, been ted such freedom, liberty and this statement the Mishnah bases its laws: “Pray for the welfare of gran opportunity as we have enjoyed the government," an admonition which Jews guided by Torah in this country during the past have always followed, even when the government has been a dif- two hundred years.

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Our Sages are emphatic in teaching us to be grateful, and to express our thanks to those who have been good to us. It is sinful to be an ingrate; lack of appreciation is a serious transgression, unethical and inexcusable. "Do not cast stones into the well from which you drink" is the apt admonition of the Talmud.

ficult and oppressive one, for it was still preferable to anarchy and lawlessness. How much more so when the element of ha'tov is present, as is the case of the Jewish community in the United States.

Our Sages are emphatic in teaching us to be grateful, and to express our thanks to those who have been good to us. It is sinful to be an ingrate; lack of appreciation is a serious transgression, unethical and inexcusable. "Do not cast stones into the well from which you drink" is the apt admonition of the Talmud. If the Torah commands us not to abhor or reject an Egyptian "because you were a stranger in his land" and he took you in, how much more so should we resist rejecting a country that has treated us far better than did the Egyptians! The quality of gratitude is so dear to us that Moshe Rabbeinu during the period of the ten plagues was not permitted to bring forth the lice and the frogs nor transform the waters of the Nile into blood because the water and dust had helped him; hence he had no right to smite them. If this be true of inanimate objects, how much more so of human beings and in­ stitutions of government! Without rhapsodizing about "The New Jerusalem," as did the early Jewish Reformers, we are still mindful of how much we owe to this country as we mark the Bicentennial year.

Divine Providence

The Jew of faith profoundly believes that "the Guardian of Israel never slumbers" and the special protection o f the Almighty manifests itself at all times, insuring the survival of K'lal Yisrael. The Torah Jew looks upon the evolution of the United States from an underdeveloped "New World" of colonists into the leading world power as part of a Divine plan, not only to preserve the remnant of Israel who came here hundreds of years ago, but also as the "healing before the m a l a d y a "city of refuge" before the Holocaust which has to come; and a bastion of support and reservoir o f assistance for the State of Israel which was destined to be bom.

Let us go beyond hakoras ha'tov toward the United States and dwell upon the need to express our gratitude to the Almighty and His Providence manifested in the very discovery and development of America. Our history is replete with persecution of our persons and wanton destruction of our communities, but it also records the emergence of places of refuge when we most needed them. In the wanderings of the Jews, various countries became havens as others expelled us, but never have we witnessed the establishment of a state such as the United States of America which was prepared to absorb millions of our brethren when conditions elsewhere became untenable and most doors were closed to them. The Jew of faith profoundly believes that "the Guardian of Israel never slumbers" and the special protection of the Almighty manifests itself at all times, insuring the survival of K'lal Yisrael. The Torah Jew looks upon the evolution of the United States from an underdeveloped "New World" of colonists into the leading world power as part of a Divine plan, not only to preserve the remnant of Israel who came here hundreds of years ago, but also as the "healing before the malady;" a "city of refuge" before the Holocaust which was to come; and a bastion of support and reservoir of assistance for the State of Israel which was destined to be bom. If one Yoseph says "for G-d did send you before me to preserve life," what shall millions of Jews say when they consider in retrospect their coming to this country or that of their parents and grandparents. Rabbi Samson R. Hirsch has written: "We are G-d's finger in world his­ tory, the historical exclamation point." It was destined that the 12

United States, together with its Jewish citizens, become G-d's in­ strument in the survival of World Jewry, in the securing of the beginnings of the reborn State of Israel, and in insuring its ongoing viability and vitality. For this we should be thankful and grateful as we observe the Bicentennial Year.

A "Gutt'er Golus" The blessings of a free country and open society, however, are If we are destined to be in exile, for Jews coupled with problems and challenges. If we are destined we have always prayed for a to be in exile, we have always prayed for a " Golus,” a pGutt'er Golus", a comparatively pleasant one. Still comparatively pleasant one. Still history has taught us that the history has taught us that the good, comfortable Golus carries with it difficult testing our good, comfortable Golus carries loyalty and strength of Jewish commitment more intensely than with it difficult nisyonos testing our loyalty and strength of periods of persecution and exclusion. Tolerance, acceptance, and Jewish commitment more the opportunity to join as equals in an alien society, have proven to intensely than periods of be dangerous and debilitating, eroding Jewish observance and de­ persecution and exclusion. stroying Jewish identity as time passes. Historically liberal condi­ tions have resulted in acculturation, followed by assimilation: American Jewish history—far from being an exception—is an un­ happy example.

The greatest problems confronting the American Jewish com­ munity in the early colonial period, and continuing beyond the revolutionary one, were of a twofold nature: education and mar­ riage. The paucity of competent Jewish educators and the lack of The greatest problems confronting the American Jewish spiritual leadership resulted in a generation marked by abysmal community in the early colonial Jewish illiteracy even among those who retained their Jewish iden­ period, and continuing beyond tity and synagogue affiliation. The small Jewish population made it the revolutionary one, were of a difficult to find Jewish spouses; while living in the midst of over­ twofold nature: education and marriage. The paucity of whelming numbers of gentiles made intermarriage extremely dif­ competent Jewish educators and ficult to resist. Concerned Jews understood these threats to Jewish the lack o f spiritual leadership survival, as witness the plan of Mordecai Manual Noah, resulted in a generation marked American-Jewish diplomat and journalist, proposed in 1820, to by abysmal Jewish illiteracy even among those who retained their purchase Grand Island on the* Niagara River for the purpose of Jewish identity and synagogue "having same settled by emigrants of the Jewish religion from affiliation.

Europe.” His name for this proposed colony was fittingly "Ararat," city of refuge for the Jews. Indeed, in 1825 the founda­ tion stone was symbolically laid but the plan was aborted and he later turned his energies toward urging the return of Jews to Pales­ tine. Noah may have been motivated more by a nationalistic spirit than by a serious concern for religious Jewish continuity but there were others who were so motivated. The need to stem the tide of assimilation was voiced by a visitor to these shores in the early 1800's, Julius Stern by name, who conceived the idea of establish­ ing a Jewish colony in the western territories, and subsequently even a state, which could become part of the United States. Al­ though the purpose for such settlement was to break the mold of the Jewish peddler and merchant, and to turn Jews into farmers and mechanics, Mr. Stern strongly suggests that the paramount benefit will be the ability to keep the Shabbos and other Mitzvos, which are so difficult to observe in a non-Jewish environment.

13

The Boisterous Sea of Liberty The famous statement of Jefferson that "Liberty is a boisterous sea, timid men prefer the calm sea of despotism" has a strange but striking parallel in the American Jewish community.

The Almighty gave us the opportunity and the challenge to live our lives unhindered as Torah Jews. Those who grasped the chance and rose to the challenge will mark this two-hundredth birthday with a fuller measure of happiness than those who failed to do so and lost their way while pursuing a happiness that eludes them, because they have abandoned what America never demanded of them: the right to be themselves.

The famous statement of Jefferson that “Liberty is a boisterous sea, timid men prefer the calm sea of despotism“ has a strange but striking parallel in the American Jewish community. When Jews are denied entree into the community at large and forced to live in ghettos, even timid, weak souls can retain their Jewish identity and loyalty. When we are allowed to chart our course on the open sea of freedom, only the hardy and strong are able to ride the boister­ ous sea of liberty.

The Jewish experience has ever been one in which we fear the embrace of the Gentile world no less—and perhaps even more— than their enmity. The two hundred years of American Jewish history, marked by its acculturation, assimilation, and alarming intermarriage rate, has demonstrated that this fear is not un­ founded nor exaggerated. As we celebrate the Bicentennial and express our gratitude for the gift of freedom we also are aware of the tremendous losses we have suffered because so many could not withstand the test of freedom. The Almighty gave us the op­ portunity and the challenge to live our lives unhindered as Torah Jews. Those who grasped the chance and rose to the challenge will mark this two-hundredth birthday with a fuller measure of happi­ ness than those who failed to do so and lost their way while pursu­ ing a happiness that eludes them, because they have abandoned what America never demanded of them: the right to be them­ selves.

A Unique People In spite of the erosion of Jewish loyalty among large numbers of American Jews—which reveals our vulnerability in an open society—this acculturation and defacto assimilation cannot conceal our special character as a unique people. Though many may at­ tempt to submerge their identity, society will not permit them to become invisible Jews. Those who have abandoned Jewish obser­ vances, which mark us as different from the majority, are not fully accepted as equals even by their liberal, non-Jewish friends. A sense of isolation and rejection grips all Jews in Exile, unless one is prepared to desert his faith and embrace another—a step which modem secular Jews shun, unlike earlier periods when baptism was considered a Jew's passport into society. Although accepted as citizens in this good land with full privileges and rights, we are still strangers and outsiders. Novelists and playwrights have so de­ picted the Jew, and although this lends an aura of mystery and attraction at times, nonetheless ours is an anomalous condition we cannot ignore as the Bicentennial is celebrated. Since the time of Abraham the expression “a stranger and a sojourner” applies to his descendants, even in a “Gutt'er Golus."

"I Am an Ivri” Avraham Avinu was not a “Jew" but an "Ivri." This name indi14

cated that he had taken up his position ideologically—“me'aver echad/' on one side, opposed to a world and its values which was on another side, separated from him by a wide chasm. When Yonah is asked a number of questions as to his land of origin, occupation, and other vital statistics, he answers simply " l am an Ivri—a Hebrew." This answer is one that Jews have given to this very day for it indicates what their position and role is in an alien world. "la m different, unique and stand aside, a condition which I cannot escape even if I so choose since it is so ordained and the world insists upon enforcing it".

Reb Chaim of Volozhin succinctly captured this idea when he said to a group of early Maskilim who were prepared to embrace the world enthusiastically while abandoning much of their herit­ age, "You may as well still make kiddush, because regardless of your actions the world will still make Torah Jews ap­ preciate this keen observation and while living as patriotic Ameri­ cans they still recognize their isolation and aloneness. The Torah Jew, however, unlike his secular brother, does not look upon this status as an unrelieved burden. On the contrary, he considers it a mixed blessing for it serves as a constant reminder that we are "a people who dwell alone," which is our normality, contrary to the belief of secular Zionism that this is an abnormality which a Jewish state would correct. Time has proven them wrong, just as it has demonstrated that the refusal of society to accept us without reser­ vations, has retained the wall of separation between Jew and Gen­ tile, thereby insuring Jewish identity, tenuous as it may be. If to the non-Torah Jew this is a negative and painful reality, to the Torah Jew it is one more manifestation of the prophecy that we will not be allowed to become as other nations, for if need be, the Almighty will rule over us with a strong, wrathful and jealous arm. The United States is a wonderful, most welcome city of refuge but it is still not home. This is not an embarrassing "dual loyalty," it is a realistic appraisal and our secret of survival.

"Dual Loyalty" We Jews have developed the skill of balancing our patriotism toward the United States with a profound love for Eretz Yisrael.

Our loyalty to the "home of the brave" is unaffected by our fierce devotion to our Land. Two hundred years of American indepen­ dence can be appreciated and saluted, while we remain true to the two thousand year old vow, "If I forget thee, O Jerusalem..."

The Talmudic commentary on the verse inscribed on the Liberty Bell almost prophetically expresses this thought. "When 'freedom' exists in Eretz Yisrael, then it shall also function outside Israel, but when it is absent from the Land it cannot function elsewhere" (Rosh Hashonah 9). The words of the Sages are of course referring to the laws of the “YoveV (Jubilee), but they touch an emotional chord of response in the souls of Jews for all time.

1976 is a year in which thoughtful Torah Jews should not treat lightly the Torah concepts of freedom mirrored in the minds and 15

When Yonah is asked a number of questions as to his land of origin, occupation, and other vital statistics, he answers simply, "I am an Ivri-a Hebrew." This answer is one that Jews have given to this very day for it indicates what their position and role is in an alien world.

The establishment o f the United States two hundred years ago launched a state which has granted us a special refuge and established itself over the years as a staunch strong friend of our People. It has put our Jewish loyalties to the test but has never demanded that we surrender them.

G-d in His infinite wisdom and mercy has granted us this historic station, allowing us to recoup our losses, gather our forces, and strengthen our spiritual resources as we stand ready to cross the threshhold to the Geula Shelaima, the ultimate complete redemption of the People of Israel and the Land of Israel.

hearts of the Founding Fathers. The establishment of the United States two hundred years ago launched a state which has granted us a special refuge and established itself over the years as a staunch strong friend of our People. It has put our Jewish loyalties to the test but has never demanded that we surrender them. It tolerates, or perhaps even understands and accepts our primary love and devotion to the Promised Land which pre-dates "The New Jerusalem" of America. For all this we are grateful, and in keeping with Jewish law and tradition, we express our gratitude while praying that Providence continue to bless this land.

As we review the history of the past 200 years we appreciate the special Hashgocha which has guided the development of this coun­ try and how it has affected our destiny as well. Considering the major upheavals that have occurred in the world during the past two hundred years, we marvel at the growth and stability of the United States which indeed seems to be the beneficiary of a special kind Providence. This thought was humorously expressed by A. Guiterman, a poet, in a clever quatrain: Providence that watches over children, drunkards and fools, With silent miracles and other esoterica, Continue to suspend the ordinary rules, And take care of the United States of America.

There is much truth to the idea expressed by Mr. Guiterman and we Jews can attest to the fact that the Almighty has indeed given special attention to the United States, using this country as an instrument for the benefit of K'lal Yisrael as well. However, we also sincerely believe that this is not our final destination, but a station enroute to our eventual redemption. G-d in His infinite wisdom and mercy has granted us this historic station, allowing us to recoup our losses, gather our forces, and strengthen our spiritual resources as we stand ready to cross the threshold to the Geula Shelaima, the ultimate and complete redemption of the People of Israel and the Land of Israel.

16

In coming issues: More on Orthodox Unity Should Orthodox Jews Take Positions on Legislating Morals: Two Views Pharmacy: A Job for Jewish Boys— and Girls Yiddish: Its Renaissance and its Meaning The Year's Jewish Books and Books of Concern to Jews Reb Naftali Amsterdam: A Biographical Sketch Isaac Bashevis Singer: Characters in Search of Their Author's Soul

Some Responses to Rabbi Riskin on "Modem Orthodoxy"

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Eliezer Berkovits

A Jewish Sexual Ethics In the context of the contemporary secular civilization the sexual revolution had to come. It derives its energy as well as its plausibil­ ity from varied sources. Firstly, it is the open manifestation of the rebellion against Christian sex ethics which had been occurring under the surface for several generations. It is a revolt against the Christian denigration of the human body and against the Christian approach to sexuality which for many centuries determined the official moral climate in the West. In spite of all the developments in Christian thought since its early days, Christian theology could not fully emancipate itself from the apostle Paul's teaching on sex, according to which “it is good for a man not to touch a woman," and "if they cannot contain, let them marry: for it is better to marry than to bum ." Thus sex could never completely free itself from the tarnish which was attached to it, as well as to everything else that The fact that the rebellion broke into the open with such was of the body, in early Christian thought.

The Sexual Rebellion

self-assurance is chiefly due to man's only more recently acquired self-understanding, which is inseparable from his view of the cosmos and his own place in the scheme o f things. On the basis of modem scientific progress, contemporary man has formulated his view o f life and existence, views which, however, have not been-and cannot be-scientifically validated and which are often no less dogmatic than the dogmas of the most religiously orthodox.

In fact, only because of this begrudging submission to sex on the part of the Western religious conscience could the ideas of repres­ sion and guilt gain such overwhelming importance as they were given in modern psychology. Yet the fact that the rebellion broke into the open with such self-assurance is chiefly due to man's only more recently acquired self-understanding, which is inseparable from his view of the cosmos and his own place in the scheme of things. On the basis of modem scientific progress, contemporary man has formulated his view of life and existence, views which, however, have not been—and cannot be—scientifically validated and which are often no less dogmatic than the dogmas of the most religiously orthodox. One should not call this a philosophy, but rather a meta-science. According to this meta-science, the cosmos in its entirety is a chance event and man himself, of course, a ridiculously insignificant chance event in the unlimited ocean of a basically meaningless universe. As if this were not enough, mod­ Rabbi Berkovits was trained at the famed Hildesheimer ern psychology completed the reduction of man to the level of an Rabbinical Seminary and at animal, a rather complex one but still only an animal. The emphatic Berlin University. He was affirmation that try as he might, man can never be anything but an Chairman of the Department of animal presents him with a clear choice: He can either strive to Jewish Philosophy at the Hebrew Theological College in Skokie, become an ascetic animal, and since he will never fully succeed, he Illinois until his retirement in will be a neurotic, or he can recognize himself for what he is, a 1975 when he settled in Israel. A pleasure-seeking animal, and live accordingly. That is what the Jewish Sexual Ethics is contemporary sexual revolution is all about—man, accepting him­ excerpted from his recently Crisis and Faith by self as an "animal," wishes to get rid of his neurosis. Now, not all published permission of the publisher, psychologists are Freudians who would accept Freud's meta­ Sanhedrin Press, a division o f the psychology acording to which man is fully comprehended by the Hebrew Publishing Company.

19

pleasure principle. Yet all of them that dominate the climate of the age, following a meta-psychology of their own, reduce what used to be considered the essence of man's humanity to an accidental derivative from his specific animality.

Given this kind of a meta-science and meta-psychology, which are uncritically accepted by a generation that they begat, the sexual revolution against all repression and inhibition is fully justified. On the basis of its premises, the resulting principle of a liberated sex ethics—that every kind of sexual activity and relationship between consenting adults is permissible—cannot be gainsaid.

That is what the contemporary sexual revolution is all about-man, accepting himself as an "animal," wishes to get rid of his neurosis. Now, not all psychologists are Freudians who would accept Freud's meta-psychology according to which man is fully comprehended by the pleasure principle. Yet all of them that dominate the climate of the age, following a meta-psychology o f their own, reduce what used to be considered the essence of man's humanity to an accidental derivative from his specific animality.

Man Is Not an Animal As with every other aspect of Judaism, a Jewish sexual ethics cannot be maintained meaningfully without an understanding of the presuppositions on which it is based. The statement that the world is creation implies that all the vital forces in which human nature shares, that are present within man and carried into life through man, have their place within the scheme of all things.

Thus, human sexuality has its Creator-intended function within the plan of creation; it is world-related, handed to man with a goal directed beyond the individual.

That G-d created man in His own image, that He breathed into his form the breath of life is, of course, an uncompromising rejec­ tion of all meta-science and all meta-psychology, which reduce man to a member of the animal kingdom. But that man is not an animal is a Jewish affirmation that cannot be given up without surrendering Judaism itself. Man's humanity is not something de­ rived, an epiphenomenon of his animality; it is as originally given as his instinctual equipment and biological frame. Because of that, man's "animality" too is human. Whereas the secularist of today animalizes the human, Judaism humanizes the so-called animal.

Our great teacher, Hillel, considered caring for the body a Mitzvah, a religious responsibility because it meant looking after the "divine image" in which man was created. Notwithstanding all the theological problems of anthropomorphism presented by the con­ cept, it is the whole man, body and mind, instinct and spirit, that was created in G-d's image and as such in his complex entirety, represents that image on this earth.

Because of what man is, human sexuality cannot find its fulfill­ ment in the simplicity of primitive satisfaction. As a rebellion against the repressions and inhibitions of a society that has no spiritual, religious, or even mere philosophical basis for its sexual taboos, a "return" to primitive sexuality may have its validity. But because man is human and not animal, purely biological sexuality is bound to leave him empty and wretched. Ultimately a return to the purely biological is not open to him. The natural for man is never purely biological, it is always psychosomatic, or to use Ignace Lepp's terminology, bio-psychic. Back to nature can only mean back to human nature. Any other kind of "return" is un­ natural.

As a rebellion against the repressions and inhibitions of a society that has no spiritual, religious, or even mere philosophical basis for its sexual taboos, a "return" to primitive sexuality may have its validity.

But because man is human and not animal, purely biological sexuality is bound to leave him empty and wretched.

20

No Denigration of the Body What are the consequences of these presuppositions? Firstly, just because even the biological and instinctual in man is not purely biological, but in its bio-psychic nature is altogether human, it is not to be rejected, but on the contrary, it is to be accepted.

Judaism does not allow for any denigration of the body. The body is not bad, it is not the source of all evil. Saadia Gaon, the outstand­ ing talmudic scholar and Jewish philosopher of the tenth century, states unequivocally: "As to the objection that is raised against the defilement and the contamination of the soul consequent upon its union with the body, we say, in reply thereto, that the body of man contains no impurity in and by itself. It is, on the contrary, entirely pure, for defilement is neither a thing subject to sense perception nor a requirement of logic. It is purely a decree of the Torah. This law has declared unclean certain secretions of human beings after their discharge from the body, although they do not defile while they are within the body. The aforementioned allegation can be main­ tained only if he that makes it will impose upon us rules that he has invented out of his own mind and make it obligatory upon us to consider as reprehensible what he so regards. That however, we shall not permit him to do." (Book of Beliefs and Opinions, tr.

Samuel Rosenblatt, Yale University Press, 1955, p. 249).

In other words, while there are indeed in the Torah some ritual laws regarding certain bodily secretions, the body as such is "en­ tirely pure" and as such, according to Saadia's understanding of Jewish teaching, not only a worthy abode, but even an appropriate companion for the soul on this earth. Integrating Saadia's view with the idea of the bio-psychic unity that man is, we would say Integrating Saadia's view with the idea of the bio-psychic unity that the body is body only in man's death, just as the soul is soul that man is, we would say that only after his death. In life, however, they are linked to each other the body is body only in man's in such a manner that they interpenetrate. Because of this death, just as the soul is soul psychosomatic unity, a denial of either one of them is a betrayal of only after his death. In life, however, they are linked to each both. Within Judaism, man is acknowledged in his bio-psychic other in such a manner that they reality. This is the basis of a Jewish sexual ethics. It excludes primi­ interpenetrate. tive biological sexuality as well as sophisticated ascetism.

The Power of the Libido This does not mean that there is no adequate appreciation of the power of internal drives, of the libido, especially in its sexual man­ ifestation. On the contrary, there is a great deal of understanding for the struggle in which a person may be involved in trying to control his sexual desire. The rabbis in the Talmud had nothing to learn from a Freud regarding the tremendous power of the libido.

Nevertheless, they had a very positive evaluation of its function.

Rabbi Samuel, the son of Nahman, for instance, comments on the words of the Bible that at the end of creation G-d saw everything that he had made and behold it was tovme'od, very good: that is the yetzer tov,the good inclination in man; tov me'od, very «mmttl ^ m o rta l OWiJiEgaiio» |Ssratif ^Israel

go

What Rabbi Samuel calls the yetzer hara seems to be rather close to the Freudian libido or id.

It is the vital energy that sustains the life o f man and is the source o f the sexual drive. Its function is necessary; without it human life would not be possible.

Normally, only non-vital people will enjoy comparative freedom from sexuality, but neither will they be burdened With creative potential for human greatness.

good, that is the yetzer hara, the evil urge in him. The question is, of course, asked: How is this to be understood, how is it possible to call man's innate inclination for evil "very good?" The Midrash responds: This is to teach you that were it not for "the evil inclina­ tion," man would not care to build a house for himself, he would neither marry nort beget children, nor would he attend to the affairs of human existence" (Bereshis Rabbah 9, 9). What Rabbi Samuel calls the yetzer hara seems to be rather close to the Freudian libido or id. It is the vital energy that sustains the life of man and is the source of the sexual drive. Its function is necessary; without it human life would not be possible. , The same idea is expressed in a rather moving story from the life of Abbaye, one of the outstanding teachers in the post-mishnaic talmudic period. He once overheard a man and a woman making arrangements to set out together early in the morning on a journey on foot. Said Abbaye to himself: I shall follow after them in order to keep them from sinning. He followed behind for three parsangs across meadows. It turned out that as far as the two travellers were concerned it was a very innocent trip. As they reached their desti­ nation, Abbaye heard them take leave of each other with harmless civilities: "It was a long way. Our company was pleasant. So long." Abbaye was rather ashamed, recognizing that he himself could not have travelled with the woman so innocently. "Leaning against a door, he was visibly upset and pained, until an old sage came by (to whom Abbaye must have told the reason for his men­ tal anguish) and taught him: The greater a man, the stronger his yetzer, his instinctual drive," or shall we perhaps render it by saying—the stronger his libido (Sukkos 52a). Sexuality is vitality; but human greatness is also a manifestation of vital energy. Nor­ mally, only non-vital people will enjoy comparative freedom from sexuality, but neither will they be burdened with creative potential for human greatness.

Person to Person However, just because sexuality is a universal life force, it sur­ faces in man originally as an impersonal drive. It is not what man does, but what is happening to man. One could very well leave it at that, if man were nothing but nature, i.e., animal. There is reason to assume that in the animal kingdom sex is indeed utterly impersonal. It is not what an animal does, but something cosmic that enacts itself through the animal. However, since the sexual instinct finds its normal satisfaction in union with a member of the other sex, this fundamentally impersonal drive points powerfully to another person. In the animal realm it is essentially a pointing from genital to genital; in the human experience it is a call from one bio-psychic being to another, in other words, a call from person to person.

True enough, just because man is not merely instinct but also will; not only pleasure-seeking but also meaning-pursuing, he may, if he so chooses, consciously attempt to reduce himself to the

True enough, just because man is not merely instinct but also will; not only pleasure-seeking but also meaning-pursuing, he may, if he so chooses, consciously attempt to reduce himself to the genital level o f sexuality, and thus instead o f becoming a healthy animal become a sick human being.

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genital level of sexuality, and thus instead of becoming a healthy animal become a sick human being. But if he accepts himself in the fullness of his bio-psychic reality, he will find that this most imper­ sonal drive of his nature directs him to the realm of the personal in the most fundamental of all human encounters. The contact be­ tween two human beings is never so close, never so intimate or so total as with bio-psychic union between a man and a woman.

Unless one sees clearly how in the sexual union the crudely imper­ sonal calls for its accommodation within the most fundamentally personal, one fails to understand the nature of human sexuality.

Personalizing the Impersonal Instinct To personalize the impersonal sexual instinct is a twofold re­ sponsibility towards G-d and towards one's partner in the bio­ psychic encounter of the sexual union. However, on the level of the interpersonal encounter, responsibility stems from the biblical commandment: “And thou shalt love thy neighbor as thyself," which in the area of the G-d-man encounter receives the formula­ tion, “Thou shalt love the Eternal, thy G-d, with all thy heart, and with all thy soul and with all thy might." Rather significantly, the rabbis in the Talmud interpreted the phrase "with all thy heart" to mean, with both your inclinations, with the the good It is doubtful whether in the inclination, and with the yetzer hthe entireevil courseinclination. of man's history But we anyone has degraded the reality have seen earlier that they also identified the "evil inclination" of love in the world more than with the libido. Indeed through the personalization of the libido in Freud, who saw in it nothing but its sexual manifestation by using it consciously in the service of a libido energy displacement G-d-intended purpose, one loves G-d with one's whole heart, resulting from frustrated even with one's yetzer hara. (Of course, the sexual instinct is not the sexuality. We owe him the only manifestation of the yetzer hara.) It is doubtful whether in the delightful idea that, for instance, tenderness between mother and entire course of man's history anyone has degraded the reality of child is nothing but the love in the world more than Freud, who saw in it nothing but energy-residue from libido energy displacement resulting from frustrated sexuality. We aim-thwarted sexuality. It is the owe him the delightful idea that, for instance, tenderness between unavoidable deduction from the reduction of man to the animality mother and child is nothing but the energy-residue from aim- of the pleasure principle. thwarted sexuality . It is the unavoidable deduction from the reduc­ tion of man to the animality of the pleasure principle. The truth that we affirm is the recognition of love as an originally given force in the wholeness of the bio-psychic reality of man. It is the most truly personal as the libido is the most truly impersonal. It is through love in the interpersonal encounter that the libido in its broadest meaning is redeemed from the prison of its impersonali­ ty.

A Divine Commandment The fully personalized sexual union is the fully humanized one.

It relates one at the same time to the Creator as well as to a fellow being in the wholeness of each other's humanity . What in nature is assumed to be purely biological is integrated in its humanized form into the bio-psychic structure of man. However, since humaniza23

tion implies also the acknowledgement of the divine purpose of the sexual function, the personalized and thus humanized sex act be­ comes aMitzvah, legalistically formulated, a divine commandment; in its existential quality, an ethical deed within the structure of a deocentric personal life. In fact, Talmudic texts occasionally call the sex act a Devar Mitzvah, a matter of not only in its G-d-relatedness, but also as what takes place in the impersonal level between a man and a woman. Similarly, one might call any act of kindness and care for another human being a Devar Mitzvah.

It is rather different a phrase from the four-letter word which de­ signates the sex act in its biologically impersonal, and we might now say, dehumanized form. As a Devar Mitzvah, the biologically impersonal is transformed into the human and personal. Jewish sexual ethics can perceive of the sexual act in its most humanized and personalized transformation as an act of sanctification. To sanctify oneself at the moment of intercourse is the ideal of sexual fulfillment (Shevu'os 18b).

Man's Striving for Sexual Liberation One may even say that the humanized transformation of the im­ personal quality of the sexual instinct is the climax in man's striv­ ing for sexual liberation. We indicated earlier in our discussion that the contemporary sexual rebellion that wishes to do away with the taboos of this civilization had its justification. A civilization which has brought upon itself the collapse of all value standards, which has exiled meaning from the cosmos, whose summation is cor­ rectly expressed in the idea of the absurdity of existence, has in­ deed no grounds on which to base those restrictions on sexual activity which were accepted in the past. However, liberation from sexual codes that can no longer be supported by the basic affirma­ tions of a contemporary society throws man back once again into the domain of the biologically impersonal. Because of the tre­ mendous power of the sexual instinct, man falls into the thralldom of mighty impersonal forces when he liberates himself from social taboos. The sex act is not so much an act as a letting go. It is not man who acts, rather it is something that happens (the impersonal does not act) through man. This, of course, may be enjoyable for a while, but as man allows free entrance to the impersonal into his life, and as the impersonal gets hold of him with its powerfully driving energy, in the long run it cannot but depersonalize man as a whole, “dehumanizing" him far beyond the sexual aspect of his life. Freedom, like love, is of the very essence of personal exis­ tence. He who submits to the biologically impersonal is held cap­ tive by necessity, the essence of the impersonal. It is not enough to free oneself from meaningless taboos. If one wishes to be human, one has to commit one's freedom to personalizing the impersonal within man's bio-psychic reality.

The humanizing of the impersonal does not in any way take away from enjoyment of the sexual act. It does not attempt to “spiritualize“ the act. It wants what it says, to humanize it, includ-

A civilization which has brought upon itself the collapse of all value standards, which has exiled meaning from the cosmos, whose summation is correctly expressed in the idea of the absurdity of existence, has indeed no grounds on which to base those restrictions on sexual activity which were accepted in the past. However, liberation from sexual codes that can no longer be supported by the basic affirmations o f a contemporary society throws man back once again into the domain o f the biologically impersonal.

It is not enough to free oneself from meaningless taboos. If one wishes to be human, one has to commit one's freedom to personalizing the impersonal within man's bio-physic reality.

24

ing also its full enjoyment within the bio-psychic human reality. In fact, the enjoyment itself is part of the living realization of Judaism.

In talmudic times, a Talmid Chacham,a Jew who leads a life of piety informed by Jewish learning, would engage in the sexual act once a week. But it was customary to do so on the night of the Shabbos.

Rabbi Solomon Yitzchaki (Rashi), the classical commentator of the Talmud who lived in the eleventh century, explains the reason for the custom thus: "It is the night of joy, of rest (being Shabbos) and of bodily pleasure." The context into which humanized sensuality is integrated brings about its joyous sanctification.

The Joy of Shabbos Such affirmation of earthly needs and vital impulses is charac­ teristic of the whole system of Jewish law. Shabbos and holy days are not observed "spiritually," nor should they be so observed.

Man is not a spirit. On the Shabbos, therefore, not only the soul should find peace but the body too should rest. One celebrates the day not only by meditation and prayer, but also by wearing Shab­ The Jew who keeps the Shabbos bos clothes and by partaking of the Shabbos meals. The Shabbos may say that the material meal itself is a Mitzoah; it is divine service. And, if properly per­ enjoyments o f the day enhance spiritual elation, and his formed, it is a service of a far higher quality than that of prayer and his spiritual elation renders the meditation alone, it is the service of the whole man. The enjoyment material enjoyments more of the Shabbos is neither spiritual nor material; it is wholly human. gratifying. In the unifying act of Body and spirit celebrate the Shabbos in communion. The Jew who the Mitzvah, the Shabbos acts as “a spice" to the palate and as an keeps the Shabbos may say that the material enjoyments of the day exhilarating joy for the spirit of enhance his spiritual elation, and his spiritual elation renders the man. material enjoyments more gratifying. In the unifying act of the Mitzvah, the Shabbos acts as "a spice" to the palate and as an exhilarating joy for the spirit of man.

All this may well be said also of the sensual joy of the body. The spiritual in man is never purely spiritual, as the biological is never purely biological. Thus, we may say that it is not only the pleasure of the body that enhances the OnegShabbos; it is also the joy of the Shabbos that dignifies the pleasure of the body. However, what is said here in the special case of the Shabbos may only be so stated because of its applicability to the widest range of Jewish living.

Sensual enjoyment is fully accepted within the purposefully di­ rected experience, which is the essence of its personalization. The biblical commandment, "and thou shalt rejoice before the Lord, thy G -d," is not addressed to the spirit of man or to his soul, but to his entire bio-psychic reality. To rejoice before G-d in the whole­ ness of human nature is the Mitzvah.

Consenting Adults vs. Complete Dedication Jewish sexual ehtics is not about

Two consenting adults engaging in intercourse have little to do sex, but about the union between with any kind of ethics. It is an arrangement, admittedly more a man and a woman that includes civilized than rape. Jewish sexual ethics is not about sex, but about sexual fulfillment. But why the union between a man and a woman that includes sexual ful­ marriage? fillment. But why marriage?

25

A love that does not have the courage to commit itself "forever" is lacking in trust, in acceptance, in faith. Love fully personalized desires to be final, ultimate. But how can one commit oneself forever?

To persevere often in difficult situations, when it might seem that one's original hopes have faded, is the highest expression of trust in the human potential of oneself as well as one's partner.

To persevere with the task of personalization is an expression of one's faith in man's capacity for interpersonal care, trust, and love. It is trust that his capacity can be awakened through faith in its existence. It is love in its universal significance.

The binding formality of the marriage is the mutual acceptance of the responsibility to persevere in the task of the full actualization of each other's potential for the interpersonal life, it is a commitment to the trust in that potential and as such an affirmation by innumerable daily deeds of one's faith in the human being on the universal plane.

The highest form of the personalization of the relationship be­ tween a man and a woman finds its expression in their complete dedication to each other. It includes unquestioning trust in each other, the full acceptance of one's partner in his or her comprehen­ sive humanity. A love that does not have the courage to commit itself "forever" is lacking in trust, in acceptance, in faith. Love fully personalized desires to be final, ultimate. But how can one commit oneself forever? Only by accepting the bondage of the responsibil­ ity of the commitment. In the ups and downs, in the struggle of daily existence, the trust and the faith are tested, often as if by fire.

The highest form of personalization of the union is the ultimate of love; but it does not come easy. It is a continuous challenge, it is a task at which man and woman have to work unremittingly. It is not simply a matter of working at sexual compatibility, but at the realization of the potential of their mutual bio-psychic humanity.

To persevere often in difficult situations, when it might seem-that one's original hopes have faded, is the highest expression of trust in the human potential of oneself as well as one's partner. To persevere with the task of personalization is an expression of one's faith in the possibility of renewal and regeneration. It is faith in man's capacity for interpersonal care, trust, and love. It is trust that this capacity can be awakened through faith in its existence. It is love in its universal significance. It is confidence that notwithstand­ ing frustrations and disappointments, there is a basic quality of preciousness present in the human being to whom we originally commited ourselves "forever" on which one may continue to work for the realization of the meaning of the original commitment. And this is decisive. This is the secret of personalization of the bio­ psychic relationship. It is not an event that is achieved in one moment of grace, but is a process that may take a lifetime, requir­ ing a life-long commitment.

Bearing in mind the power of the sexual instinct, and in recogni­ tion of the demanding task of its personalization which is insepar­ able from the continued maturing and deepening of the inter­ personal relationship between a man and a woman in the widest sense, the offical character of the marriage bonds is an ethical re­ quirement for the surrendering of one's freedom to dissolve the union at a whim, because of a momentary disaffection or disillu­ sionment. It is indeed a serious business. The binding formality of the marriage is the mutual acceptance of the responsibility to persevere in the task of the full actualization of each other's poten­ tial for the interpersonal life, it is a commitment to the trust in that potential and as such an affirmation by innumerable daily deeds of one's faith in the human being on the universal plane. The formal marriage is not to be based on the present love that at this moment unites two human beings, but on the trust in the self-transcending power of that love, in its as yet unfathomed potential that through care, devotion, and the practice of basic humanity and decency will carry two human beings to the richest bio-psychic fulfillment of which they are capable. However, just because personalization is the goal, the Jewish marriage does not include the commitment 26

'¡till death us part." Failure is always possible, mistakes are often made, and the relationship may degenerate into such an abysmal failure of impersonality that divorce may become a moral necessi­ ty-

The Public Share in Marriage Thus far, we have discussed marriage only from the angle of the purely personal and, in a sense, self-centered relationship between a man and a woman. However, as we saw, personalization has to Personalization has to be pursued be pursued also on the cosmic level by relating the interpersonal also on the cosmic level by union to the divine purpose of creation that seeks its realization relating the interpersonal union through it. It includes the conscious identification of a man and a to the divine purpose of creation woman with that purpose, of merging by choice with the cosmic that seeks its realization through it. It includes the conscious stream of continued propagation of new life, thus becoming identification o f a man and a partners of G-d in the work of creation. This new life, the life of a woman with that purpose, of new generation, is no longer a purely personal matter. Because of merging by choice with the its manifold implications and consequences, it is a matter of com­ cosmic stream of continued propagatbn o f new life, thus munal relevance and concern. This aspect of the task of personali­ becoming partners o f G-d in the zation asks for the integration of the Jewish marriage within the work of creation. This new life, religious ethics of the totality of Jewish living. This is the public the life of anew generation, is no share in every marriage. In the interest of the new life, it has to longer a purely personal matter. ensure, as far as humanly possible, the durability of the union.

However, there is a specifically Jewish concern with every Jewish marriage. One might say that at the start of the way of the Jew through history stand the words which G-d said of their father Abraham: "For I have known him, to the end that he may command his children and his household after him, that they may keep the way of the Lord, to do righteousness and justice; to the end that the Lord may bring upon Abraham that which he hath spoken of him."

The conscious identification with the divine purpose of the lifepropagating cosmic principle is not simply the biological transmis­ sion of life from generation to generation. This would still be an act of impersonality. As far as the Jew is concerned, the cosmic princi­ ple is personalized when it is made to serve the transmission of the life of Judaism from generation to generation. What G-d had "spo­ ken of Abraham" was never meant to be "brought upon him" in Personalization of the union his own lifetime. It was to find its fulfillment in the course of the between a man and a woman is to fullness of the bio-psychic history of all his children. Judaism is a be sought on the interpersonal process through history, beginning with Abraham, the father, level, in the presence o f G-d, with the acceptance of moving towards its culmination in Abraham's child, the Messiah, responsibility for the historic when all history will be fully redeemed from the bondage of the destiny of all Israel. That is what impersonal. Because, in history, Judaism is forever striving for its Jewish ethics means by marriage realization, it is always lived with a sense of the not-yet. It is and family. That is what we mean by the marriage formula: forever lived in the future and with responsibility toward that fu­ "Thou shalt be sanctified unto ture. It is what it will yet be. A Jew, who desires to be one, is me according to the law of Moses always a link in the generations, a child that receives and a parent and Israel." that transmits with the intention and the freely accepted responsi­ bility of furthering through time the bringing about at the end of 27

tíme what G-d had "spoken of Abraham." Personalization of the union between a man and a woman is to be sought on the interper­ sonal level, in the presence of G-d, with the acceptance of respon­ sibility for the historic destiny of all Israel. That is what Jewish ethics means by marriage and family. That is what we mean by the marriage formula: "Thou shalt be sanctified unto me according to the law of Moses and Israel."

28

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THE OCCIDENT, ANO

AMERICAN J E W I S H ADVOCATE. Vol. XIX.]

IYAR, 5621, MAY, 1861.

{No. 2.

TOUEO M I8 6 0 ,

to erect

30

A Question and Some Responsa

A Monument to Judah Touro-— Proper—Or Not? NEW O RLEA N S, June, 1860.

At a meeting of Israelites of this city, it was resolved to erect a monument on some open public place, in honor of the late Judah Touro. The memory of the deceased is held in the deepest respect for the benevolence and charity which characterized his life. His name, especially since the publication of his will and testament, has become known throughout the civilized world.—But it is in this city in particular, where the late philanthropist resided for the last fifty-one years of his life, that the virtues which adorned his heart and shed a bright lustre on the Jewish name, are best ap­ Now, it is the desire o f the preciated.

Israelites of this city-a desire The deceased died in this city in the beginning of 1854, and his which is shared by and is certain remains were transferred to his family tomb in Newport, Rhode o f the active co-operation o f our non-Jewish fellow-citizens-to Island, where a suitable monument is placed over his grave.

Now, it is the desire of the Israelites of this city—a desire which perpetuate the memory o f the late honored philanthropist, by is shared by and is certain of the active co-operation of our non- erecting a statue (of bronze or Jewish fellow-citizens—to perpetuate the memory of the late marble) or some other monument honored philanthropist, by erecting a statue (of bronze or marble) (a shaft, pillar or column) in or some other monument (a shaft, pillar or column) in honor of honor of the deceased, provided such action be not in conflict with the deceased, provided such action be not in conflict with the laws and the laws and usages of Israel. usages of Israel.

In order, therefore, to settle the In order, therefore, to settle the doubts of the Jewish commun­ doubts o f the Jewish community this point, it was resolved at ity on this point, it was resolved at the first meeting of the execu­ on the first meeting o f the executive tive committee of the Touro Monument Association that, before committee o f the touro taking any farther steps, the opinions touching the legality of the Monument Association that, enterprise in a religious point of view of some of the most emi­ before taking any farther steps, the opinion touching the legality nent Rabbinical authorities of Europe should be obtained, and of the enterprise in a religious that the matter, in all its bearings, be referred to the decisions of point of view of some of the most Chief Rabbi Dr. N. M. Adler of London, Rabbi S. Raphael Hirsch eminent Rabbinical authorities of of Frankfort-on-the-Main, Chief Rabbi Dr. Z. Frankel, Director of Europe should be obtained, and that the matter, in all its the Theological Seminary at Breslau, and Chief Rabbi S. L. bearings, be referred to the Rapoport of Prague. decisions of Chief Rabbi Dr. N. As the representative of the Association, I therefore take liber­ M. Adler o f London, Rabbi S. ty, reverend sir, to solicit your opinion on this matter, and your Raphael Hirsch of Frankfort-on-the-Main, Chief answers to the following questions: Rabbi Dr. Z. Frankel, Director of I. Primary questions.— the Theological Seminary at 1. Is it lawful for Israelites to erect a statue (cast in bronze or Breslau, and Chief Rabbi S. L. chiselled of marble) in some open public place of a city, in honor Rapoport o f Prague. of a deceased fellow-Israelite?

2. Is it lawful for Israelites to erect a monument, say a shaft, column, or pillar, in the same manner and for the same purpose?

II. Collateral questions.— 1.

Is it lawful for Israelites to subscribe or take any active part towards the erection of a statue or monument to an eminent non-Israelite, living or dead?

31

2. Is it lawful for an Israelite to devote himself to the art of sculpture or to any mechanical trade in which the manufacture of images, cast, moulded, or graven, not made for purposes of idolatry, form the principal occupation?

3. Is it lawful for Israelites to keep within their houses, for the sake of ornament, specimens of art, such as statues or statuettes of human beings, or of dragons and other animals?

III. Principal question— Is it lawful for the Israelites of New Orleans, in conjunction with their non-Jewish fellow-citizens, or by themselves, to erect a statue or monument in honor of their late co-religionist, Judah Touro?

Your answers to these questions will tend to settle every doubt, and, as the subject is one of deep importance to our community, I trust that you will devote your attention to it, and send me a reply in either the Hebrew, German, or English language, at your ear­ liest convenience.

I have the honor to be, with sentiments of profound regard, Your humble servant, James K. Gutheim Attest, Joseph Magner, Secretary.

Is it lawful for the Israelites of New Orleans, in conjunction with their non-Jewish fellow-citizens, or by themselves, to erect a statue or monument in honor of their late co-religionist, Judah Touro?

Your answers to these questions will tend to settle every doubt, and, as the subject is one of deep importance to our community, I trust that you will devote your attention to it, and send me a reply in either the Hebrew, German or English language, at your earliest convenience.

i

«

Dr. Z. Frankels Opinion.

Rev. James K. Gutheim, Acting President of the Touro Monument Association, New Orleans, La. Historically it is established, that statues, even as marks of honor-hence not merely for purposes o f idolatry-were considered extremely objectionable, and were not tolerated to perpetuate even the M most important events. Thus, when Alexander the Great had entered Jerusalem and treated the city and inhabitants with the greatest kindness, no statue was erected to honor him, but the Jews resolved, as is related, to name, as an expression of their gratitude, every male child bom in that year after the victor's name, Alexander! I will but incidentally mention the refusal to receive the statue o f Caligula in Jerusalem and Alexandria, which, according to Philo (contra Cajim) and Josephus (Antiq.

18), would have caused the extermination o f the Jewish inhabitants of those cities, had not the death o f the tyrant prevented the execution o f his design. And yet this statue was a mark of respect.

32

Dear Sir: Prevented by indisposition from immediately replying to your honored communication of the 6th of June, I perform this task to-day. You propound to me, in the name of the Touro Monument Association, several interrogatories, which, together with their answers, are subjoined in the English language; the argument, however, upon which these answers are based I have premised in the German language, which is more familiar to me, in order to avoid all ambiguity.

Above all, I beg to remark, that the erection of a monument, such as is proposed by your Association, is unknown to ancient Jewish custom and usage. The deceased benefactors of their breth­ ren were honored by having their memory cherished long and vividly, or by the erection of charitable institutions in their honor and after their name. Even tomb-stones were seldom erected in olden times; the sentence tnnDt on o n n n o>pH*b mw£0 p\iny pN is known.

Historically it is established, that statues, even as marks of honor—hence not merely for purposes of idolatry—were consid­ ered extremely objectionable, and were not tolerated to perpetuate even the most important events. Thus, when Alexander the Great had entered Jerusalem and treated the city and inhabitants with the greatest kindness, no statue was erected to honor him, but the Jews resolved, as is related, to name, as an expression of their

| a

gratitude, every male child born in that year after the victor's name, Alexander! I will but incidentally mention the refusal to receive the statue of Caligula in Jerusalem and Alexandria, which, according to Philo ( contraCajum) and Josephus (Antiq. 18), would have caused the extermination of the Jewish inhabitants of those cities, had not the death of the tyrant prevented the execution of his design. And yet this statue was a mark of respect. But that the Jews generally, from the oldest period, adhered in this point with the utmost rigor to the religious ordinances may be demonstrated from the fact, that those living in Alexandria under the Ptolemean kings regarded even painting as being prohibited. In Palestine they did not go so far, and permitted the art of painting; but it can certainly be perceived that the prohibition to erect statues has a very ancient historical basis.

After this brief historical sketch I pass to the religious sources in which this prohibition is discussed at length. These are Talmud Rosh-hashanah 24, Aboda Zarah 43, Tasafot in locis and Yoma 54, Rambam Accum 3, § 10, 11, Yoreh Deah 141, §§ 34, et seq.

And now the answers to the interrogatories of your communica­ tion seriatim.

I. Primary questions.— 1. Is it lawful for Israelites to erect a statue (cast in bronze or chiselled of marble) in some open public place of a city, in honor of a deceased fellow-Israelite?

Answer.

The erection of a statue in honor of an Israelite as well as of any other man is prohibited by the Jewish religious law.

(See Yoreh Deah, 141, 4.)

2. Is it lawful for Israelites to erect a monument, say a shaft, a column, or a pillar, in the same manner and for the same purpose?

Answer.

The erection of a monument in the foregoing described manner is lawful without hesitation.

II. Collateral questions.— 1. Is it lawful for Israelites to subscribe or take any active part towards the erection of a statue or monument in honor of a distin­ guished non-Israelite, living or dead?

Answer.

To subscribe is not prohibited (see Tos. Rosh. Hash. 24, begin­ ning >DM\yand 3"\yYoreh Deah 1. c. litt. 17), nor to take active part, except the erection, viz: the sculpture.

2. Is it lawful for an Israelite to devote himself to the art of sculpture, or to any mechanical trade, in which the manufacture of images, cast, moulded, or graven, not made for purposes of idolat­ ry, forms the principal occupation?

Answer.

The practice of the art of sculpture, comprising that of human beings, is prohibited, of other beings is not prohibited. (See Yoreh Deah §§ 4, 6.) The art of engraving is lawful.

Is it lawful for an Israelite to devote himself to the art of sculpture, or to any mechanical trade, in which the manufacture of images, cast, moulded, or graven, not made for purposes of idolatry, forms the principal occupation?

The conclusion of all that has been stated above is: That the Israelites o f New Orleans can, conformably to the religious laws, by no means erect a statue to the late Judah Touro, either by themselves or in conjunction with non-Israelites. The erection o f a monument, however, such as a shaft, column, or pillar, in honor of Judah Touro, is lawful, and can be executed without scruple or hesitation.

3.

Is it lawful for Israelites to keep within theis houses for the sake of ornaments specimens of art, such as statues or statuettes of human beings, or of dragons and other animals?

Answer.

Israelites shall never keep statues or statuettes of human beings in their houses. (See Yoreh Deah 1. c. § 4.) But if mutilated on nose or eye, such a statue or statuette can be allowed a place in an Israelite's house. And such is also the practice. (See Tal. Rosh.

Hash. 1. c, im v w >b o .)

Statues of animals may be kept in the houses of Israelites (Yoreh Deah I. c. § 7), and in some instances those of dragons. (See Yoreh Deah § 3.)

III. Principal question.

Is it lawful for the Israelites of New Orleans to erect a statue or monument, in conjunction with their non-Jewish fellow-citizens, or by themselves, in honor of their late co-religionist, Judah Touro?

Answer.

The conclusion of all that has been stated above is: That the Israelites of New Orleans can, conformably to the religious laws, by no means erect a statue to the late Judah Touro, either by them­ selves or in conjunction with non-Israelites. The erection of a monument, however, such as a shaft/ column, or pillar, in honor of Judah Touro, is lawful, and can be executed without scruple or hesitation.

I have the honor to sign myself, Respectfully and truly, Dr. Z. Frankel Breslau, July 19th, 1860.

Dr. N. M. Adler's Opinion.

Office o f the C h ief Rabbi, London, A ugust 1st, 5620.

I have given the subject o f your communication the earnest consideration which it requires, embracing as it does questions of great theological and historical interest. I have, however, avoided writing you a diffused and learned disquisition, and proceed to give you briefly the result o f my investigations in straightforward answers to your several queries.

Reverend and Dear Sir: I have the honor to acknowledge the receipt of your letter dated the 6th of June, concerning the erection of a monument in honor of the late Judah Touro, and beg to apologize for having, in consequ­ ence of my absence from town, postponed my answer.

I have given the subject of your communication the earnest con­ sideration which it requires, embracing as it does questions of great theological and historical interest. I have, however, avoided writ­ ing you a diffused and learned disquisition, and proceed to give you briefly the result of my investigations in straightforward answers to your several queries.

I. Primary questions.— 1. It is not lawful for Israelites to erect a statue, cast in bronze or chiselled of marble, and to place it any where in honor of a de­ ceased fellow-Israelite. Surely the prohibition does not apply with such rigor to a bust as it does to a statue; still, even to erect the 34

former would not be Jewish.

2. It is, however, lawful for Israelites to erect a shaft, a column, a pillar, or a pyramid, with an inscription containing the virtues and acts of the deceased; and to place it in some open public place of a city. The words in the Holy Scriptures (Deut, xvi. 22) refer only to pillars erected for the worship of God or for purposes of idolatry.

II. Collateral questions.

1. It is not lawful for Israelites to subscribe or even to take any active part towards the erection of a statue in honor of a distin­ guished non-Israelite, living or dead; provided it is cast or chiselled by a non-Israelite, and it is known that the person thus honored is not to be considered a saint or to be worshipped.

2.It is not lawful for an Israelite to devote himself to the art of sculpture or to a mechanical trade, in which the manufacture of images, of cast, moulded, or graven images, forms the principal occupation, in so far as it relates to human images, the sun and moon.

3.

It is not lawful for Israelites to keep in their houses statues of human beings, images of the sun and moon, or of dragons.— Images of other animals, however, except of the vripn n v n , are allowed.

III. Principal question.— It follows from the above, that it is not lawful for the Israelites of It follows from the above, that New Orleans to erect a statue, but it is allowed to erect a shaft, a it is not lawful for the Israelites of New Orleans to erect a statue, column, a pillar, or a pyramid in honor of the late Judah Touro.—I but it is allowed to erect a shaft, a should, however, advise, that the same be not erected in front or column, a pillar, or a pyramid in honor o f the late Judah Touro.-I behind the Synagogue. should, however, advise, that the I have the honor to remain, reverend and dear sir, same be not erected in front or Yours, very faithfully, behind the Synagogue.

Dr. N. M. Adler.

Rev. James K. Gutheim, President of the Touro Monument Association.

Rabbi S.R. Hirsch's Opinion.

To the Touro Monument Association, New Orleans.

Much Respected Sirs: You will kindly excuse the delay of my answer to your esteemed communication of the 6th of June, being prevented by a press of You will kindly excuse the official business, to attend to the same ere this; and even to-day I delay of my answer to your am obliged, in order not to defer my reply still farther, to limit my esteemed communication of the 6th of June, being prevented by a answers to the essential interrogatories propounded by you. press of official business, to You purpose to honor the memory of a deceased philanthropist attend to the same ere this; and by the erection of a statue or of some other monument, provided even to-day I am obliged, in order that such action does not conflict with the religious laws and us­ not to defer my reply still farther, ages of the Jews, and you honor me with the request to express my to limit my answers to the essential interrogatories opinion. propounded by you.

Whether it be permitted, in accordance with the Jewish law, to 35

As far as our knowledge reaches in ante-Mosaic or post-Mosaic times, monuments in commemoration of events or in relation to memorable localities are to be found; monuments as honorary mementoes of men are not to be found. Only one example is met with, that a monument was erected in commemoration of a man, and this-a vain man-Absalom, had erected to himself during his lifetime. However large the number o f the great men of our nation (and there is assuredly no other nation which more gratefully cherishes the memory o f its heroes in intellect and virtue), it has honored their memories by every thing else except by monuments of metal or stone.

erect a statue of bronze or marble in some public place of a city, in honor of a deceased co-religionist?

Whether it be permitted, in accordance with the Jewish law, to erect a monument (pillar, &c.,) in the same manner and for the same object?

To this I have the honor to reply: The erection of a statue, i.e. of a human figure of bronze, stone, or other material, is, according to Jewish law, prohibited in any place and for any object.

In like manner does the Jewish law distinctly prohibit the erec­ tion of a monument, utterly devoid of any image, of a pillar, a stone, &c., for purposes of divine worship, and be it even to gather around it for the worship of the Holy One. (See Maim. Accum vi.

6 .)

Not quite as explicit is the decision concerning the erection of such a monument, not for purposes of divine worship. According to y'vn on V'ou n"\y it almost appears that the erection of a pillar, &c., not for purposes of worship even, was unlawful, and that, consequently, the passage of Maim, cited above had to be con­ strued, that the erection of a Mazebah in general, and be it even for the worship of the Holy One, was not permitted. But the facts recorded in Joshua iv. 24, 26, 27, 1 Samuel vii. 12, testify that even after the promulgation of the Mosaic law, the erection of stones as monuments for profane purposes was not prohibited by the law.

But you have yourselves indicated in your esteemed communi­ cation, that you desire to observe in this question not only the express dicta of the law, but also the received usage in Israel, and that the project was only then intended to be executed, if it was not in conflict with the “laws and usages of Israel."

Looking upon this question in this light, it would indeed appear that the historical usage in Israel, prevailing throughout the whole Jewish past, would declare itself against the erection of a monu­ ment in honor of a man. As far as our knowledge reaches in ante-Mosaic or post-Mosaic times, monuments in commemoration of events or in relation to memorable localities are to be found; monuments as honorary mementoes of men are not to be found.

Only one example is met with, that a monument was erected in commemoration of a man, and this—a vain man—Absalom, had erected to himself during his lifetime. However large the number of the great men of our nation (and there is assuredly no other nation which more gratefully cherishes the memory of its heroes in intellect and virtue), it has honored their memories by every thing else except by monuments of metal or stone. And although no evidence can be deducted from the non-perception of a certain fact— rPNl ro’N 13’Ni h1?—yet (as shown at length by Yoreh Deah osvn'n 37) with regard to a custom, and more especially such a one that runs through a period of several thousand years with thousandfold opportunities, the non-occurrence may certainly serve as a proof that usage did not regard it admissible.

Let it not be objected, that the period of exile under oppression and persecution was not favorable to the erection of such monu36

merits. The Spanish epoch afforded full liberty; and although it Even in the time of the second could boast of not a few great men who, during their lifetime, had temple, when, especially under the kings of the Asmonean and been honored as benefactors of their nation, some even in a Herodian houses, personal princely manner, yet nobody even thought of honoring their attributes were made improperly memory by a monument. Nay, still more. Even in the time of the conspicuous, and love o f pomp second temple, when, especially under the kings of the Asmonean and the aping of Grecian and customs particularly and Herodian houses, personal attributes were made improperly Roman invited to the erection of such conspicuous, and love of pomp and the aping of Grecian and monuments, we find that towers, Roman customs particularly invited to the erection of such monu­ castles, towns, &c., were built in ments, we find that towers, castles, towns, &c., were built in commemoration of men, but to erect columns and similar commemoration of men, but to erect columns and similar monuments-as far as my memory monuments—as far as my memory serves—was not ventured. serves-was not ventured.

Taking all this into consideration the assumption will appear well founded, that Jewish custom is decidedly opposed to the erection of columns and similar monuments to the memory of men.

Now you have intimated in your esteemed communication that in the settlement of this question not only the but also the usages of Israel should be taken into account. It is, moreover, a religious law of Israel to conscientiously observe the usages of Is­ rael; hence the violation of a Jewish custom of this kind would be a Now you have intimated in direct infringement of the Jewish religious law.

It is true, honored sirs, that, according to this view of the case, your esteemed communication that in the settlement of this you are prevented from executing your design, quite laudable in question not only the laws but itself, to honor the memory of a philanthropist in this manner; yet, also the usages of Israel should be in the abstract, let us rejoice that Jewish custom denies to itself the taken into account. It is, erection of pillars &c. as honorary personal memorials, equally moreover, a religious law o f Israel to conscientiously observe the with those pillars &c. prohibited by the law. usages of Israel; hence the Let us preserve this Jewish custom which, considering the unti­ violation of a Jewish custom of tled name of the greatest distinction—in \y p m t>VT>—means also to this kind would be a direct honor most the memory of the distinguished dead by the very infringement o f the Jewish religious law. refusal of the commonest tomb o>pn^ mum ywiy yN,because, as the motive expresses, o iro t o n n n they have erected for them­ selves, by their words and deeds, the most indestructible monu­ ment.

Let us, in particular, preserve the Jewish custom which, until now, has honored the memory of deceased distinguished men only by good, useful, and salutary works, and has thus in truth—rom!? pns dot—ceased the memory of the righteous after I believe, honored sirs, will you perhaps share my conviction, their death to redound to the blessing of the living. that were you to devote, in honor Let us not forget that the Jewish mind does not recognize any of the name of the deceased, the thing praiseworthy in the erection of not useful and salutary, al­ interest o f the amount which the though magnificent structures. (End. v.oPpvy ',Qb\yvv>.) A Rabbi erection of a monument would who, on passing a magnificent Synagogue,boasted iypv> jmo noD cost towards the annual bestowal f a physical, intellectual, or JND >miN, "How much money have my fathers sank here?"received omoral benefit upon even a single as reply, jkd pniDN iypw nnD "How many souls have they human soul, you would honor sunk here!"MJV>DWD yyDn o m >in nD. Were there no people in his memory, the more he was need of assistance to enable them to study the law?—And thus I actually deserving such honor, in a more Jewish, i.e. truer and believe, honored sirs, will you perhaps share my conviction, that worthier manner, than by the were you to devote, in honor of the name of the deceased, the most magnificent monument interest of the amount which the erection of a monument would which you may execute in bronze cost towards the annual bestowal of a physical, intellectual, or or marble.

37

moral benefit upon even a single human soul, you would honor his memory, the more he was actually deserving such honor, in a more Jewish, i.e. truer and worthier manner, than by the most magnificent monument which you may execute in bronze or mar­ ble.

Please accept the assurance of my most distinguished considera­ tion, with which I have the honor to be, honored sirs, Yours truly, RABBI S. R. HIRSCH,

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39

A Photo-Essay by William S. Aron

A Disappearing Community: Jewish Life on New York's Lower East Side Photographing human relations is not new but rather a development from Lewis Hine and the Farm Security Administration. The thread of humanism has greater vitality than ever. Photography combines those elements of spontaneity and immediacy that say, "this is happening, this is real," and creates an image through a curious alchemy that will live and grow and become more meaningful in a historical perspective (Dan Wein­ er), The International Fund for Concerned Photography).

The Lower East Side of New York City is an important landmark in the life of the American Jew. It was, in its time, the source of a variety of Jewish cultural institutions—yeshivos, synagogues, Yid­ dish newspapers and theaters, as well as the restaurants and coffee houses depicted in the stories of Isaac Bashevis Singer. The Lower East Side was one of the principle areas of settlement for Jews as they immigrated to this country; by the turn of this century, it contained the largest Jewish community in the world. Today it is but a symbol of a rich past that is about to disappear.

In its heyday, East Broadway was a kind of Jewish promenade where a revered generation of artists, entertainers, politicians, businessmen and intelligentsia flourished. The neighborhood was bustling and vibrant, full of immigrants from many lands working to attain the American dream or, at least, hoping that their children would. The whole range of Jewish life could be found, from the pious to the socialist Bundists, from the artists and scholars to the entrepreneurs. For many Jews, however, the Lower East Side was only a stopping place. Financial success was usually followed by a move away from the old neighborhood. They started here, and when they began to “make it," they left.

The neighborhood which remains bears testimony to the strug­ gle of that first generation of Jewish immigrants. Hundred year old tenements still stand with their shabby ornaments and fireescapes. Practically every doorway shows the signs of a removed mezuzah. On nearly every block stands the remains of at least one synagogue, many of them only shells of their former selves. In Seward Park, where once thousands of Jewish workers celebrated May Day, old men and women hawk used clothing. Across the Dr. William Aron is a sociologist street from the park stands the old Forward Building, once the and photographer who is deeply home of the Yiddish daily newspaper. Pushcarts with knishes and concerned with the plight of elderly Jews on the Lower East kosher food can still be found. People still come from all over the Side. He combines both his City to buy religious articles, stopping off for a supply of sour disciplines and his social concerns in this photo-essay. pickles before returning home.

41

Poor, Afraid, and Alone But these are only meager remnants; the Jews who remain on the Lower East Side today are, for the most part, poor, afraid and alone. Congregation Anshei Slonim, the oldest synagogue in New York, has been serving worshippers for 125 years. Today, it barely musters a minyan on the Shabbos. The once grand main hall has been abandoned to the rats; the old men who do come to pray meet in a small basement room. The Synagogue was vandalized so often last year that High Holy Day Services could not be held for the first time in a century. Seward Park is left to gangs and derelicts after sunset. The Forward Building has been sold and now houses an oriental church; the newspaper has moved uptown. So has the Folksbiene Theater, the last of the Yiddish Playhouses. Many of the yeshivos and synagogue buildings have closed or been con­ verted to churches. The Jewish grocer, butcher, baker, and tailor have all but disappeared, leaving only token traces of a way of life that once was. The tenements are being razed by urban renewal and their small street level shops, so intrinsic to the neighbor­ hood's character, are going out of business. The once populous Jewish community is but a fraction of its former size. New waves of immigrants, predominantly Puerto Rican and Chinese, have re­ placed their Jewish predecessors.

While the Jewish population has declined by about one-third since 1963, the total population in the area has grown by approxi­ mately the same amount. All the ethnic groups resent and fear each other. Each conflict situation tends to be built up; each case of assault and burglary increases in magnitude with the telling. Those in the housing projects and cooperatives fear to go out after dark.

Businesses and shops close early and are protected by heavy metal gates.

The Plight of the Elderly Perhaps most poigant is the plight of the elderly. Between 5,000 and 7,500 members of the community have been classified by vari­ ous social agencies as "Jewish elderly poor." Whatever their exact numbers, most of the Jewish elderly on the Lower East Side are alone and cut off from family and friends, who have either died out, or have moved and forgotten them. The neighborhood, which was once a reasonable facsimile of the European Shtetl, is now virtually a foreign country. The old people's English is poor, they are hard of hearing and their health is failing. The bureaucratic intricacies of social service agencies, such as welfare and social security, defeat them; clerks who cannot understand their English, or who cannot make themselves heard, often send these elderly to the end of yet another line as a way of dismissing them. Their tenements are filthy and decayed; the streets are dangerous. The Puerto Ricans and Chinese, whose communities are expanding rapidly, feel, with some justification, that they need more territory.

The old Jews, however, refuse to move. For better or for worse,

they are wedded to their neighborhood and are determined to stay. For them, there is no solution. In ten years they will be gone and with them will disappear the last vestiges of the Jewish Shtetl.

In my photographs, I have tried to capture and preserve these last moments of their community .

43

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47

Chaim Feinberg

The Old Cemetery Thick snow falls over the Jewish cemetery in Prague: around the dilapidated fence the ancient city too seems wrapped in white oblivion.

Yet, a certain unquenchable rustling belies the signs of life.

Prague snores pacifically tonight under the metaphysics of the Russian boot.

Past the stroke of midnight, I beat the same path my ancestors beat: looking for some enigmatic clue, some mark scratched in a wall: silence.

The Jewish quarter is a museum-piece for German tourists.

The old synagogue, bereft of prayer, is half-crazed from the photographer's flash.

Yet, from the heart's own perspective, the jumbled stones resemble houses, tilted crazily, and one hears a certain ancient murmur from the rooftops: perhaps Reb Elijah is telling me to beware of the cut-throat jealousy that sends half my people to doom.

They say the stones sink further each year: and that soon no trace at all will remain of my people in Prague.

How greedily the grassy earth swallows the crime!

But I say: let the mouths of the uncircumcised be silenced.

Jewish souls, unlike pagan, are not tied to stone: each sinking inch sees them soaring that much higher.

49

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50

Samuel W. Spero Menachem Slae

"Computing" Jewish Law The computer is one of the most dramatic technological advances of the past twenty years. There is hardly a sector of society today A most interesting application that has not been transformed by the computer. Government; of the computer has evolved over medicine; the military; education; banking; manufacturing: All the past several years on the campus of Bar Ilan University in have been changed by this new technology.

A most interesting application of the computer has evolved over Ramat Gan, Israel A significant portion of the Rabbinic Responsa the past several years on the campus of Bar Ban University in Literature has been fed into a Ramat Gan, Israel. A significant portion of the Rabbinic Responsa computer, making it possible to Literature has been fed into a computer, making it possible to retrieve information on any retrieve information on any subject covered in these Responsa subject covered in these Responsa quickly and conveniently. quickly and conveniently. Additional Responsa are constantly Additional Responsa are being added to the data bank. The impact of this application and its constantly being added to the data bank. The impact of this future potential are the subjects of this article.

The Responsa Methodology

application and its future potential are the subjects of this article.

Suppose you have a question—a sh'ailah—having to do with Jewish law. You may want to study the position of Jewish religious authority on some current issue. What do you do?

You would first consult one of the popular collections of Jewish law such as the "Kitzur Shulchan Aruch" or the "Mishneh Brurah. " If the question lies beyond the scope of these references, you would consult your local rabbi. On the basis of his training and The diversity o f Jewish communities that have flourished experience he will likely be able to answer your question. during the past fifteen hundred If your local rabbi feels he cannot respond accurately to your years, and the broad spectrum of query, he will consult a posek,one of the accepted problems that authorities these communitieson have faced over this period of Jewish law, for a ruling. The posek will as a rule reply in writing to time, have given rise to a vast questions sent to him. This reply will subsequently become a pre­ literature that encompasses about cedent which can be referred to by other rabbinic authorities. twenty-three hundred known This process of queries and replies—sh'ailos —is fun­ collections of Responsa, each damental in the evolution of Jewish law and goes back to Talmudic with varying numbers of times. Obviously, the number of queries and replies, or Responsa, individual Responsa. that have been recorded is phenomenal. The diversity of Jewish communities that have flourished during the past fifteen hundred years, and the broad spectrum of problems that these communities have faced over this period of time, have given rise to a vast litera­ ture that encompasses about twenty three hundred known collec­ Samuel W. Spero is Professor of tions of Responsa, with varying numbers of individual Responsa. Mathematics at the Cuyahoga Community College in Cleveland, Ohio. Menachem Slae is a Staff Associate of the Responsa Project/Institute of Because Jewish law is case law, the modem rabbinic authority Information Retrieval and always looks to decisions of his predecessors before ruling on new Computational Linguistics at Bar questions put to him. From general principles and applications Ilan University in Ramat Gan, established by great sages of earlier generations, it is possible for Israel.

The Role of Precedent

51

the posekof today to decide questions involving even the most exotic of the new technologies. Most crucial, however, is that the posek have quick and easy access to the massive Responsa literature that goes back to Talmudic times.

Retrieving all relevant information from the mass of existing texts is presently beyond the capacity of any single person: the literature has never been indexed. Even if each volume were in­ dexed, the physical mass of texts,is more than one rabbi could be called upon to handle. This “information retrieval“ problem was considered unmanageable, until a group of scientists from the Weizmann Institute in Rehovot, Israel, and from Bar Ilan Univer­ sity in Ramat Gan, Israel began to explore the possibility of using the computer. Around 1970 the project became centered primarily at Bar Ilan University, where it eventually gained substantial sup­ port from the United States government's National Endowment in the Humanities Fund, and other grants from research foundations.

Retrieving all relevant information from the mass of existing texts is presently beyond the capacity o f any single person : The literature has never been indexed. Even if each volume were indexed, the physical mass of texts is more than one rabbi could be called upon to handle.

Computerized Information Retrieval

One of the most impressive characteristics o f computers is that it is possible to store large amounts of information in their electronic memories and to then retrieve that information totally or in part at astonishing speed. A literature search that would take days for an individual to accomplish using conventional indices, can be completed in a fraction of a second by a computer searching its own "memory."

One of the most impressive characteristics of computers is that it is possible to store large amounts of information in their electronic memories and to then retrieve that information totally or in part at astonishing speed. A literature search that would take days for an individual to accomplish using conventional indices, can be com­ pleted in a fraction of a second by a computer searching its own “memory." Research projects requiring rapid access to an exten­ sive literature can make good use of computerized information retrieval, and law and medicine have taken the lead in using this advanced technology for retrieving information.

However, using computerized information retrieval is not sim­ ply a matter of acquiring a piece of hardware and plugging it into a wall socket. Before a computer can be used to perform a task, a very explicit set of instructions—called a program—must be pre­ pared. This program is then electronically “read" into the compu­ ter, which then performs its assigned task by following the instruc­ tions provided in the program. The technique for “programming" the computer to perform an information search is quite sophisti­ cated and is, in fact, a sub-specialty in Mathematics.

The technique for "programming" the computer to perform an information search is quite sophisticated and is, in fact, a sub-specialty in Mathematics.

The Responsa Project In 1967 a group working jointly at Weizmann Institute and Bar Ilan University initiated a project for a computerized solution to the information retrieval problem of the Responsa literature. While their conception was not completely new, it did involve a number of innovations which made it eligible for a research grant. Among the innovations proposed was the use of a full text search. It was their intention to place an entire library into the computer and then search the entire library to find the required information. This is like walking into a library, and instead of using the card catalogue, reading every book in the library to find the desired information.

52

The computer is fast enough to make this practical.

In order to search out all uses of Another innovation proposed called for the construction of a the verb "to watch" (to guard), special, unique program for the generation of all grammatical var­ the computer would search not iants for every word the computer might be called upon to search only for the infinitive form, but also for all the different for. For example: in order to search out all uses of the verb “to conjugations of the word, its watch" (to guard), the computer would search not only for the different tenses, and voices. Due infinitive form, but also for all the different conjugations of the to the huge number of possible word, its different tenses, and voices. Due to the huge number of variants for each word-at times numbering over 20,000 different possible variants for each word—at times numbering over 20,000 forms-such a program was different forms—such a program was indispensable for any work indispensable for any work done in the Hebrew language. done in the Hebrew language.

Jewish Music A history of Jewish music must begin with the Biblical period.

Much material is also available in the Talmud, especially in connec­ tion with descriptions of the service in the Bais Ha'Mikdosh. The Medieval Period, however, has not been adequately researched, primarily because of the inaccessibility of the Responsa literature—the primary source of such information.

Dr. Zvi Keren of the Department of Music at Bar lian University has begun a research project aimed at collecting and cataloguing the references in the Responsa to music and musical instruments.

His major research tool is the computerized information retrieval system. One article describing the results of his research has al­ ready been published and more are planned.

Laws and History of Insurance A wealth of historical material,

The Israeli Association of Insurance Companies has funded a heretofore unavailable to the historian, has now been research project entitled, “The Laws and History of Insurance in general uncovered. This includes records Halachic Sources." A wealth of historical material, heretofore un­ o f widespread use o f marine available to the general historian, has now been uncovered. This insurance dating back to Twelfth includes records of widespread use of marine insurance dating Century France (Provence), Century Spain, back to Twelfth Century France (Provence), Fourteenth Century Fourteenth Fifteenth Century Algiers, and Spain, Fifteenth Century Algiers, and Sixteenth and Seventeenth Sixteenth and Seventeenth Century Turkey. Many fascinating cases stemming from these in­ Century Turkey. surance contracts are described in an interim report published by the Responsa Project.

Using the Computer to Teach Talmud While the uses mentioned above are of interest to the historian and the student of history, the information retrieval system is not only a tool for the specialist. A very exciting and more popular application of the computerized information retrieval system is the project to develop workbooks to help Israeli junior and senior high school students in their study of the Talmud.

Talmud is the primary source for Jewish law. The Responsa liter­ ature in dealing with decisions with respect to Jewish law must refer back to the primary source, the Talmud. By using the com53

puterized information retrieval system to search out references to particular pages, or discussions of a single subject (sugyos) scat­ tered through the Talmud, it is possible to relate practical questions put to our rabbis to Talmudic material being studied by students.

Within the past year, this methodology has been used to prepare workbooks dealing with the Responsa, related to Talmudic mate­ rial being studied by the students. Several important results are anticipated from use of these workbooks: • Students will be more strongly motivated to study the Talmud because of the demonstrated relevant nature of the material.

• Students will develop an appreciation for the dynamic and living quality of Toreh She B'Al Peh—the Oral Law—by seeing it in operation.

• Students will be given the opportunity to learn about the great authorities on Jewish law and the times in which they lived.

Three workbooks have already been prepared: on the tractate Bai’ah, the tractate Baba Basra (2 volumes), and the tractate Succah.

These first volumes using the computerized information retrieval system have been prepared in conjunction with faculty and ad­ ministration of the Bnei Akivah Yeshivos in Israel. Additional workbooks are in various stages of preparation with respect to tractates which will be studied in the future.

The Israeli Ministry of Education in recognizing the potential of these workbooks is about to undertake a research project to deter­ mine the impact of these materials on the Talmud class.

A teacher training seminar has introduced a course on the Re­ sponsa literature for its students. Term projects assigned to the students are done by use of the computerized information retrieval system. A similar course is being developed in conjunction with the Ministry of Education for all teachers of Talmud in Israeli re­ ligious schools.

An experimental project to introduce this approach in yeshiva high schools in the United States has been undertaken by the Mesivta High School of the Hebrew Academy of Cleveland.

Much work must be done before the output of the computer becomes an effective tool for use in the high school classroom ; the computerized information retrieval system certainly makes the at­ tempt feasible.

Available to the Public A tool has been developed which opens up the Responsa litera­ ture to all scholars who would like to determine what our great rabbis have said on a given subject. The tool is a valuable resource available to interested scholars and researchers.

In the Computer The creation of the base of information to be searched—the data base—is the first step in the process of computerized information retrieval. Because the effectiveness of the retrieval system is only as 54

good as the information it contains, great care must be exercised to insure that what is “read" into the computer's "memory" is as accurate as possible. The first text that was selected for the compu­ ter was the Responsa of Reb Yitzchak Bar Sheshes of Spain and North Africa. The RIVASH (as he is known, after the first letters of his name) was a fourteenth-century scholar whose 518 responsa, compiled in a single volume contain 559,000 words.

First, the text was edited. Every word, every letter—even sym­ bols, such as a parenthesis, were considered. Great care was taken to be certain that the text to be used in the retrieval system was the definitive text.

When the project team was confident that they had a "good" text, they then had the text keypunched on computer cards. This means that for each Hebrew letter a code was established: a series When the project team was of holes in a column of a computer card. The code was program­ confident that they had a "good" med into the computer so that subsequently the computer would text, they then had the text be able to identify the letters and words that had been read into it keypunched on computer cards. means that for each Hebrew earlier. The machine which punched the holes into the cards is the This letter a code was established: a familiar keypunch which is identical to the machine which pre­ series of holes in a column of a computer card. The code was pares utility and department store bills.

When the text had been keypunched in its entirety on the compu­ programmed into the computer so that subsequently the computer ter cards, the cards were electronically read into the computer. would be able to identify the Then began an extensive testing period designed to determine if, letters and words that had been indeed, the Responsa of the RIVASH were contained in the mem­ read into it earlier. ory of the computer.

An even longer period of testing followed as the Responsa Pro­ ject team began the process of developing the information retrieval program itself. After several years of development and testing, the computerized information retrieval system for the Responsa Litera­ ture was completed.

The process of preparing more collections of Responsa for the computer's memory was begun. This is an ongoing process: over sixty volumes (as compared to the original one volume), over fif­ teen thousand responsa (compared to the original five hundred and eighteen), and over ten million words (compared to the origi­ nal half million words) are today stored in the computer's memory bank. Over the years, as new improvements have been added to the University's computer system itself, these improvements have been incorporated into the retrieval system as well, making it more flexible and more efficient.

Preparing a Typical Search A typical search using the computerized information retrieval system begins with the question, for example: "What did the rab­ bis whose responsa are contained in the memory of the computer say about Aliyah?"

The computer will search through its entire memory bank for the key words supplied.

"Aliyah," in close conjunction with "Eretz, and "Yisrael," would be the key words you would include in your search. One of the great advantages of the information retrieval 55

system is that the computer will not only search for single words but also for expressions and groups of words which might occur together or even in proximity to one another. You may also include in your list of key words a reference—perhaps a citation from Maimonides' Mishneh Torah or in Karo's Shulchan Aruch, or even a page from the Talmud—which might conceivably have been cited in responsa referring to the subject of interest. This is another example of the flexibility of the cpmputerized information retrieval system: it searches for page references, as well as words.

The effectiveness of any given computer search is dependent on the human element: the specificity of the key words supplied to the computer. The researcher, before approaching the computer, must prepare himself thoroughly on his subject. Poor choice of key words may result in the computer passing over appropriate refer­ ences, while including totally irrelevant references. There is a ten­ dency to stand in awe of this technological product of the human mind. It is essential therefore to see it for what it is: no more than a tool like a hammer, a telescope, or a microscope, which magnifies human potential, but which if used ineffectively becomes a waste of time, of money, and of energy. People who work with comput­ ers speak of the “GIGO Principle"—"Garbage In: Garbage Out!" To illustrate the broad spectrum of possible applications, we offer brief descriptions of some investigations which have been conducted with the aid of the computerized information retrieval system.

There is a tendency to stand in awe of this technological product of the human mind. It is essential therefore to see it for what it is: no more than a tool like a hammer, a telescope, or a microscope, which magnifies human potential, but which if used ineffectively becomes a waste of time, of money, and of energy.

People who work with computers speak of the "GIGO Principle"-'Garbage In: Garbage Out!"

The Yiddish Language The study of the history and culture of Ashkenazic Jews is in­ tertwined with that of their secular-sacred lingua franca, Yiddish.

Yiddish was originally a Judaeo-German dialect. It included loan words from Slavic and other vernaculars which Jews encountered in their wanderings. The language was also impregnated with Bib­ lical, Mishnaic, and Rabbinic Hebrew, as well as Aramaic from the Talmud. Over the years Yiddish has become one of the richest and most expressive language. Its colorful phrases are internationally known, and Yiddish drama and literature are vital resources for Jewish literary and sociological studies.

There are three key dates in the historical development of the Yiddish language: 1250, 1500, and 1750 of the Common Era. Around the year 1250 two pre-Yiddish Jewish dialects—La'az (Germanic) and Kna'anic (Slavic)—merged to form the basis of what eventually evolved into Yiddish. Primary sources from this period before the development of printing are few. Because of the difficult physical conditions of the Middle Ages, manuscripts were difficult to preserve. But, halachic sources such as the Responsa, were preserved with more success because of their religious impor­ tance. A proposal was submitted to the information retrieval pro­ ject to perform a computerized search of the Responsa literature from the period of the Middle Ages in order to examine the de­ velopment of Yiddish as manifest in the Responsa.

Over the years Yiddish has become one of the richest and most expressive language. Its colorful phrases are internationally known, and Yiddish drama and literature are vital resources for Jewish literacy and sociological studies.

Primary sources from this period before the development of printing are few. Because of the difficult physical conditions of the Middle Ages, manuscripts were difficult to preserve. But, halachic sources such as the Responsa, were preserved with more success because o f their religious importance.

56

Dr. Josef Barel, head of the Bar Ilan University Department of Yiddish, conducted the study of the Responsa literature using the computerized information retrieval system. Starting with Re­ sponsa dating back to Germany and Austria over the period bet­ ween the 13th and 15th centuries, Dr. Barel has already uncovered a great wealth of relevant linguistic material. A series of publica­ tions is planned for this Responsa-based research which will help students of linguistics, as well as the student of the Responsa. Prior to the development of the computerized information retrieval sys­ tem such research would not have been feasible.

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57

On Karen Ann Quinlan To the Editor: When the Karen Ann Quinlan case surfaced last fall, I was temp­ ted to write an essay discussing that question and concluding that Jewish law would at times permit "pulling the plug" on that unfor­ tunate girl. Although quite sure that there existed many sources for this viewpoint, after prudent consideration, B chose not to enter into public polemic on so delicate an issue. Perhaps it was just as well that any individual faced with this problem discuss it and seek guidance from his rav or posek.

The pitiful fate of Karen has gripped our moral awareness pre­ cisely because we find ourselves faced with a peculiar dilemma which is, to a great extent, of our own making. Were it not for our advanced technology and scientific discoveries, there would not exist that stark question—may any human being ever "pull the plug" on another?

It is a question debated by laymen and clerics, philosophers and doctors—a vexing, stubborn, profound dilemma. As Rabbi Bleich wrote, 0ewish Life, spring 1976) it is totally indefensible to re­ define "death" and "birth" simply to soothe our consciences. For the believing Jew, the only viable answer is to seek guidance in the Torah and Talmud.

As Rabbi Bleich emphasized, there is scarcely a law in Judaism which is not abrogated for the preservation of life. If there is even the remotest chance of saving a life, we must make the effort. All this notwithstanding, we are still left with the question of specific halachic indicators for cases such as "Quinlan." Her tragedy is an extreme case—yet it is not so very rare. Beyond the general moral question, we must search Halacha for some specific guidelines for action in such cases. And it is my belief that despite the principle of pikuach nefesh, the Halacha permits—maybe even mandates— terminating the extraordinary artificial means which sustain Karen Ann Quinlan.

The distinction between direct and indirect causation is to be found in the Shulchan Aruch (Yoreh Deah 339, s.k. aleph) where the Rema, (a major posek) writes, "It is forbidden to cause even a dying person to die quickly; for example if one is goses (dying) for a long time and cannot depart this life, it is forbidden to move his pillow or his covering from underneath him because this motion may cause him to die more quickly." Regardless of how much compassion one feels for the dying, euthanasia is clearly forbid­ den. Life is sacred and it can never be in the hands of man to determine who shall live and who shall die.

However, in the very same text, the Rema continues: "But, if there is something which is causing a delay in the departure of the soul; for example, if there is close to his house a pounding noise that delays the departure of the soul [the sounds hold the attention of the dying person, thus somehow delaying his submission to death] it is permitted to remove [that noise], since this removal is not deed as such; 58

rather one is removing a factor which is delaying death" (emphasis added).

Clearly, then, the a em Rh eld that it is not wrong, nor a violation of the principle of the sanctity of life, to remove some extraneous factor which is preventing imminent death from claiming the soul.

Moreover, the distinction between acting to kill someone or merely removing that which prevents his death, is supported by all the major commentaries on the Shulchan Aruch—the Shach, the Turei Zahav, the BiurHa’Golah, and the Nodah We are of course notspeaking here of a person who is gravely ill, or whose chances are small, or whose doctors hold out little hope.

Unquestionably, for such a patient we must do all that is humanly possible. But sometimes, as with Karen Ann Quinlan, a person is surely dying—a se-—and it is only a machine which prevents the go inevitable death. In such a case, I believe the Rema's words indicate that we "may pull the plug."

I recognize that this halachic viewpoint is potentially very dangerous, which is why I hesitated at first to go into it. But in view of the tremendous suffering and guilt experienced by families as a result of new medical techniques, we owe it to the Orthodox community to make them aware of halachic options which they might pursue with their rabbi.

Rabbi Alfred Cohen Brooklyn, N ew York

Rabbi Bleich replies: While Jewish Life is not a rabbinic journal and is hardly the appropriate forum for the presentation of halachic dialectic, I wel­ come the opportunity to discuss, at least in a cursory manner, a number of questions which, although peripheral to the subject of my article, are extremely relevant to many of the questions now being raised.

I carefully indicated that initiation of therapeutic procedures on behalf of a goses cannot be unequivocally declared a halachic im­ perative. (My statement on p. 17 reads, "The sole exception to these principles which halacha recognizes is the case of a goses, a moribund patient actually in the midst of death throes.") Indeed, some authorities, most notably Beis Ya'akov, no. 59, followed by Iggros Mosheh, Yoreh De'ah, II, no. 174, maintain that it is forbidden to prolong the life of a goses by any means whatsoever. This posi­ tion is based upon the statement of Rema as quoted by Rabbi Co­ hen.

But the position is by no means universally accepted. Shevus Ya'akov, I, no. 13, cites Yoma 85a in demonstrating that Shabbos laws are superceded for the purpose of even marginal prolongation of life. Shevus Ya'akov declares that all accepted therapeutic rem­ edies must be utilized in prolonging the life of agosos regardless of how brief a period of time he may be expected to survive. This authority evidently distinguishes between natural remedies of de­ monstrated efficacy involving readily recognizable causal relation59

ships and non-scientific segulosof undemonstrabl such as the placing of salt upon the tongue. The latter, according to this analysis, are not required in the case of a because they are not recognized medical procedures. The position of Ya'akov is also espoused by MishnehBerurah, Bi'ur Halachah 32 the present head of the Jerusalem Beis Rabbi Eliezer Waldenberg in his Ramat Rachel, no. 28.

While adjudication of this question is quite properly left to com­ petent rabbinic decisors on a case-by-case basis, it is important to emphasize that withholding of treatment does not at all come into question unless the patient is actually in a state of A de­ tailed clinical profile of the halachic criteria which are indicative of this state is beyond the scope of these comments. It should, how­ ever, be stated that while the technical criteria must be carefully elucidated it is clear that a goses is by definition a moribund person whose death is imminent. It seems incomprehensible to me that a patient whose physiological state permits survival for an indeter­ minate period of time and who has, in fact, survived for over fourteen months (at the time of this writing) can be considered a goses. It must be remembered that the quality of life which is pre­ served is not a determinant halachic factor. Sources for a definition of gesisah are to be found in Shulchan Aruch, Yoreh De'ah 339:2; Rema, Even ha-Ezer 121:7, and Choshen Mishpat 211:2 as well as Rambam and Tosefos Yom Tov in their respective commentaries on the Mishnah, Eruchin 1:3 and in the comments of Derishah, Tur Yoreh De'ah 339.

Finally, even in the case of goses, the distinction between with­ holding treatment and an overt act designed to shorten life is a most crucial one. Rabbi Cohen's suggestion that "pulling the plug" be considered a form of withholding of treatment is hardly a novel one—the identical thesis was advanced by Rabbi Baruch Rabinowitz of Holon in the Sivan 5731 issue of a publication of the Falk-Schlesinger Institute of Sha'arei Zedek Hospital. What­ ever the cogency of the argument, the suggestion is one which has been considered and at present is rejected by the preponderant number of recognized halachic authorities who deem "pulling the plug" to be an act of overt intervention.

F.D.R. and the Jews To the Editor: Rene Quint's, "Franklin D. Roosevelt: Friend of the Jews or A Co-conspirator Against Them" (Jewish Life-Winter 1976) follows a predictable historical trend—debunking overplayed heroes. After a generation or two of debunking, another generation of historians generally arise to rehabilitate such personalities.

The truth of the matter is that Franklin D. Roosevelt was neither 60

a hero nor a villain in respect to his treatment of the Jewish victims of Hitlerism, although he failed miserably on that issue. Roosevelt was first and last a political creature with an exquisite sensitivity to all kinds of political winds and pressures. Additionally he had a flair for trimming sails and setting a course that bucked no head winds. He had the knack of putting all the winds behind him and making current social forces work for him.

The failure of rescue efforts in behalf of European Jewry is at­ tributable to American Jewish leadership, generally, and to Henry Morgenthau, Jr. in particular. Mr. Morgenthau held the second highest cabinet post in every Roosevelt administration, from 1934 down to 1945. He had direct access to the president. He outranked Breckenridge Long and the other influential antisémites close to the cabinet. He was in a prime position to monitor reports of what was going on. There is no doubt that if he had taken a strong stand it would have had a telling influence on the president. Judging, however, from reports of attempts by Reb Aharon Kotler, and others to secure his intervention in behalf of Nazi victims, Secre­ tary Morgenthau took a very cool and indifferent attitude toward the holocaust and its victims. Obviously, neither the president nor the other members of the official family saw a great need to lose sleep over Jewish matters if their Jewish colleague took umbrage at a disturbance of his own sleep by a delegation seeking help in such things. Mr. Morgenthau seemed to have felt that Jews should have been happy to have one of their kind in such a high position and not to "rock the boat" unnecessarily.

The fact is that Hitler had intimidated all Jews. Jewish leaders on all levels were cowed and cowardly. If Jews had shown a fraction of the vigor and protest they demonstrated decades later in civil rights marches in Alabama and elsewhere, European history might have been different.

The failure of protest was a failure of leadership. If Mr. Morgen­ thau was unwilling to lead, he could have at least made others aware that a warm Jewish heart was beating at the highest gov­ ernmental echelon. This could have been the catalyst that might have stimulated powerful pressures to which F.D.R., by his very nature, would have responded.

Reuben E. Gross Staten Island, New York

To the Editor: The article in the Adar issue by Rena Quint prompts this answer.

Franklin D. Roosevelt was neither a protector of, nor a co­ conspirator against, the Jews. He was a politician, married to a woman of great compassion. It may be popular to accuse Roosevelt of failing to do something spectacular for the Jews. But before we can expect help from non-Jews we Jews must exert our own effort.

This was not done in 1933-41.

My sainted husband Eugene Kaufman was a victim of Hitler. He 61

was fortunate to leave Germany and to be able to help all his family, including aunts, uncles, and cousins to escape...

Unfortunately, most of our American Jews were afraid of signing affidavits of support for their brothers in peril, as the ones brought over might become a financial burden to the signer. That was the conspiracy against a large number of Jews who, under the-then immigration quotas, could have been saved...

Florence Kaufman Baltim ore, Maryland

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