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The Considerable Importance of the Effect of the Extensive Commentary Tradition on the Shulhan Arukh

This extensive commentary tradition had a further effect of considerable import: By and large, the commentaries to Karo’s Shulhan ‘arukh that appeared on the printed page were written by Ashkenazic rabbis; the Sephardic commentaries did not usually appear alongside the text. In this intensified Ashkenization of a Sephardic text, one can find a larger trace of one of the central shifts from the early modern to the modern in Jewish history, a shift that has parallels in the transformation of Lurianic Kabbalah by the founders of Hasidism in the eighteenth century and one that is undergirded by a massive demographic transformation of Jewish populations in the eighteenth and nineteenth centuries. When Karo wrote the Shulhan ‘arukh, the Jews of the Ottoman Empire were among the largest Jewish communities in the early modern world. When Gombiner wrote his commentary a century later, this demographic profile was beginning to change; and when Israel Meir ha-Kohen composed his in the nineteenth century, the Jews of the Levant were but a small minority of the world’s Jewish population.

Yaacob Dweck, “What is a Jewish Book?” AJS Review 34:2 (November 2010), 371.

The Phrase “Judeo-Christian” is less respectful to both traditions than it is designed to be

I have tried to avoid the popular “Judeo-Christian” formulation – except in quotations of others who used the term. Of course, I believe the two faiths share common roots, a fact reflected in their scriptures and in the person of Jesus Christ. But I find the phrase less respectful to both traditions than it is designed to be. That is especially true in relation to Judaism, since the formulation is often invoked by Christians as a euphemism when they are really referring to their own tradition.

E.J. Dionne Jr., Souled Out: Reclaiming Faith & Politics After the Religious Right (Princeton & Oxford: Princeton University Press, 2008), 22.

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An Openness to More Stable Types of Institutions When Coupled

Farkas, a 30-something rabbi in his sixth year at the synagogue, wanted to focus VBS’ young adult outreach on couples like the Brauns because, as he put it, “When you think you found a partner in life who you are pretty serious about, your life begins to become more stable.

“It’s at that moment that you are open to more stable types of institutions, like synagogues,” he concluded.

Jared Sichel, “Cultivating Next Gen Communities”, The Jewish Journal (23-29 August 2013), 23.

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Considering Nakedness in light of the “Pink Elephant Problem”

I call it the “Pink Elephant Problem”: if someone says “Don’t think of a pink elephant”; what’s the first thing you think of? A pink elephant. Same thing applies to tzeni’ut: the more that I say “This is prohibited because of tzeni’ut and this is prohibited because of tzeni’ut”, the more you take innocuous interactions and sexualize them.
“Men and women can’t socialize at a kiddush because of tzeni’ut” – implication: men and women having kiddush together is somehow sexual.
“Men and women need separate entrances to get into synagogue” – implication: same entrance, there’s something sexual there.
All of that is problematic. … You’re sort of putting it in people’s heads that it’s always sexual. … You’re implying that men – and women, too – we just can’t control ourselves, we have no self-control…. We can’t but help get sexually aroused by listening to women. That’s what you’re implying.
When you take the expansive view of erva onto everything, effectively, you’re putting more ideas into their head they may not have even had before, just by pure implication.

Rabbi Josh Yuter, “Current Jewish Questions 26: Music in Judaism“, YUTopia Podcast #106 (23 May 2013) {http://joshyuter.com/podcasts/current-jewish-questions/current-jewish-questions-26-music-in-judaism.mp3}

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When Observant People Perceive Themselves as Not Observing Something…

I’m always intrigued when individuals or groups of people who are meticulously observant of some law system – particularly Halakhah – perceive themselves as not observing something even though they understand it to be the law. They are quite observant in general and they acknowledge that the particular practice is the law, but they just but just don’t do that practice. Often, I find that if these people are really listened to and empowered with legal language, they turn out to possess some insight into that law. It’s not that they randomly disregard it; it’s that they intuit that the law is being misinterpreted or misapplied, that it shouldn’t actually be understood as the law, and that if the halls of interpretational power had better-constructed avenues of access, such that more diverse vantage points and experiences were represented, communal perception of Halakhah would be much different.

Aryeh Bernstein, “Seclusion, Intimacy, and Power: Taking the Laws of Yichud Seriously”, Jewschool (18 August 2013) {http://jewschool.com/2013/08/18/30760/seclusion-intimacy-and-power-taking-the-laws-of-yichud-seriously/}

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Jewish law is justificatory, often revealing its own raison d’être

Jewish law is justificatory, often revealing its own raison d’être, Apodictic Mishnah, on the other hand, constitutes a deviation from this overall trend of vindicatory law. It runs counter to Jewish apperception, which favors laws that justify themselves, either logically or scripturally. No wonder Mishnaic form was relatively short-lived, lasting only about 130 years. Mishnaic form initially emerged as a response to the particular political and religious conditions that prevailed in Palestine during the period following the destruction of the Temple. During the second century, it was supported and upheld by the Patriarchate, particularly by R. Judah Hanassi. After his death (ca. 220-221), Mishnaic form was gradually abandoned, and the Jewish apperception for justificatory law prevailed.

David Weiss Halivni, Midrash, Mishnah, and Gemara: The Jewish Predilection for Justified Law (Cambridge, MA & London, UK: Harvard University Press, 1986), 4.

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Outreach professionals should educate those who haven’t had formative Jewish experiences to foster a deeper commitment to Judaism through the study of its traditional texts

Outreach professionals should educate those who haven’t had formative Jewish experiences to foster a deeper commitment to Judaism through the study of its traditional texts. The outreach should not cause more divisions and fractures but help to enhance the unity of the Jewish people by building bridges to connect Jews of different persuasions. Outreach should enrich lives and society by making the Torah’s wisdom more broadly available. Further, outreach is not only about “one’s own” and we must bring people of different religions together in mutual understanding and respect by engaging in deep interfaith dialogue.

Rabbi Shmuly Yanklowitz, “The Need for Empowering and Ethical Jewish Outreach”, eJewish Philanthropy (18 August 2013) {http://ejewishphilanthropy.com/the-need-for-empowering-and-ethical-jewish-outreach}

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The redactors of the Talmud were more than editors; they were partners in creation

The…redactors of the Talmud…were more than editors – that is, they did not just correct and arrange contents and style in conformity with set standards; they were partners in creation. They provided lengthy explanatory notes, completed defective statements, and supplemented the text with passages of their own. Above all, they initiated a new (rather, old and new) awareness that the discursive, too, deserves to be preserved, that how one arrives at a conclusion has importance beyond the pedagogic lesson of knowing how to arrive at new conclusions in the future. Disputation is an activity of the human mind and, as such, deserves to be known, studied, and explored. The redactors became masters of this genre of learning and influenced subsequent rabbinic learning up to this day.

David Weiss Halivni, Midrash, Mishnah, and Gemara: The Jewish Predilection for Justified Law (Cambridge, MA & London, UK: Harvard University Press, 1986), 3.

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The overwhelming majority of redactional changes occurred in the discursive passages of the Talmud

…the overwhelming majority of redactional changes occurred in the discursive passages of the Talmud, the ones that contain arguments and discussions, rather than in the apodictic passages, the ones that contain fixed law. Apodictic passages apparently needed no improvement; they were not defective. Such a substantial difference could not have taken place accidentally. There must have been a conscious decision to preserve carefully the fixed law and to neglect benignly the argumentational material. After a conclusion was reached, the means of arriving at it, the arguments that went into making it, seemed no longer important. This should not surprise us; it is exactly the way the authors of the Mishnah and the Braitha (ca. 50-200 C.E.) practiced transmission.

David Weiss Halivni, Midrash, Mishnah, and Gemara: The Jewish Predilection for Justified Law (Cambridge, MA & London, UK: Harvard University Press, 1986), 2.

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Texts become defective if they are not carefully preserved

…texts, and oral texts in particular, become defective only if they are not carefully preserved, if they are not faithfully and reliably transmitted. In this case, we would have to assume that during the Talmudic period, certain texts (those that required redactional changes) composed by some of the great sages were transmitted haphazardly, in an incomplete and defective state. Some texts eventually may even have disappeared altogether: neglecting to preserve texts properly leads not only to defectiveness, but also to disappearance,

David Weiss Halivni, Midrash, Mishnah, and Gemara: The Jewish Predilection for Justified Law (Cambridge, MA & London, UK: Harvard University Press, 1986), 2.