The Diaspora’s Stake in Conservative Judaism. By Seth Mandel. Commentary, December 27, 2013.
What Is This Thing Called Law? The Jewish Legal Tradition and Its Discontents. By Joshua Berman. Mosaic, December 2013.
The Crisis in Jewish Law Today. By David Golinkin. Mosaic, December 2013.
Orthodox
rabbis need to stop worrying about 200-year-old battles with “Reformers” and
allow Jewish law to develop organically, as it always did in the past.
Mandel:
Over at
Mosaic, Bar-Ilan University’s Rabbi
Joshua Berman has written an absorbing essay on common law and statutory law in
Jewish observance. The response pieces Mosaic has published are thoughtful as
well, but there’s a side issue touched on in Berman’s piece and addressed more
intently by David Golinkin that warrants more attention: namely, how all this
applies to Conservative Judaism.
The
reason it deserves attention is not only because the identity—and, therefore,
the fate—of Conservative Judaism is less stable than that of the Orthodox or
Reform. It is also because the survival of Conservative Judaism is far more
important to the American Jewish Diaspora than is often appreciated or
understood. Its diminishing prospects should be troubling not only to its
adherents but, arguably, to its competition.
I say
this as an Orthodox Jew, but one who spent a portion of his childhood in
Conservative shuls, day schools, and youth groups. And therein lies the
contradiction of Conservative Judaism’s fading promise. Berman writes that
unlike Reform but like Orthodox Jews, Conservative authorities accept “the
binding authority of halakhah,”
although they give much weight to common-law practices, which allow the
movement flexibility. Berman writes that this may be a legitimate talmudic
tradition, but it comes at the price of Jewish unity:
It is
true that in ancient times, the House of Hillel and the House of Shammai issued
widely divergent rulings and yet retained their standing as partners in a
unified Jewish people. But back then there were only “two Torahs,” and
adherents of those schools lived in integrated communities. Such ancient
precedents have little relevance to the religious and demographic complexity of
the contemporary Jewish world. Although I am sympathetic to the Conservative
movement’s attempt to invigorate halakhic practice within the best tradition of
talmudic jurisprudence, I don’t see how that can be responsibly executed with
an eye toward the unity of the Jewish people and of Judaism itself.
Golinkin,
a Conservative rabbi, responds that Conservative Judaism’s struggles have less
to do with the prominent role of common law and more do to with an inability to
strike the right balance:
In my
view, one of the reasons for the contraction of the Conservative movement in
the U.S. lies in its overemphasis on change and underemphasis on tradition. . .
.
I
personally am committed to expanding the roles of women in Judaism via organic
halakhic change. I have taught the subject for over 30 years and have published
two volumes of responsa on the issue, one each in Hebrew and English. Even so,
I think that Gottleib’s critique is correct. The Conservative movement has focused
so much on changes in halakhah that it has forgotten to stress
the observance of halakhah. It is perfectly permissible to
change certain laws and customs using the tools and methods of halakhah, provided that you are fully
committed to halakhah and the
halakhic system. I have advocated for years that Conservative Jews must be
committed to tradition and willing to make changes within that halakhic
tradition. Both are needed for a healthy legal system.
The
challenge for someone like Golinkin, of course, is that once halakha becomes
subject to cultural norms increasingly out of step with Jewish tradition, it’s
difficult to avoid the conclusion that so much of that tradition is optional.
To put it another way: what’s the use of stressing tradition if the community
is empowered to break with that tradition? Any aspect of it deemed relevant
doesn’t need to be encouraged, and any part deemed obsolete will be rendered as
such with the imprimatur of the community’s rabbinic leadership. Further,
doesn’t such a situation invert the historical relationship between rabbi and
congregation?
That is
the question Conservative Judaism must answer: what is sacred and untouchable?
To the Orthodox, everything is sacred. To the Reform, nothing is untouchable.
Can Conservative Judaism offer both without undermining them? The demographic
trajectory of Conservative Judaism suggests the answer is no.
If
that’s the case, what do we, as American Jews, lose? More than we seem willing
to acknowledge, I think. The pluralist spectrum of American Jewish life—the mosaic—has historically played two roles
that distinguished it from the rest of the Diaspora. The first is that it
eventually grew to offer a menu of options uniquely American in its
comprehensiveness. Whatever your particular religious disposition, American
Judaism, like America itself, had a place for you in its theological
marketplace.
The
second was that this array of options meant each was near its closest variant
on either side. It may sound contradictory, but this had its own kind of unity
to it. Haredim may not have much, if anything, in common with Reform Jews, but
Haredim do understand, say, the modern Orthodox. Modern Orthodox Jews have a
fair amount in common with the now-rare “Conservadox”—right-leaning
Conservatives—who in turn share their customs with mainstream Conservative
Jews. Those mainstream Conservative Jews are theologically close to their more
liberal Conservative congregants, who in turn aren’t far from practicing Reform
Jews, and so on and so forth.
What
happens when the center contracts, then, is that it puts distance between Jews
of differing observance. It also forces a choice on many Jews, since the
nuances of American Jewish life have faded. That choice sometimes results in a
person choosing Orthodoxy—a result to be celebrated for its obvious
contribution to Jewish continuity. But when there is no longer a stepladder to
observant Judaism, and instead only a leap, that leap may be too far for some.
If it’s all or nothing, then nothing will be a more viable option.
Perhaps
this oversimplifies the issue, but if so, not by much. If Golinkin is right,
and a renewed focus on halakhic observance and tradition can revivify
Conservative Judaism, American Judaism itself will be revitalized. If not, more
will be lost than Conservative synagogue membership dues.