Issuu

Sivan S7\9 ^ M m 1959

■■■■■■■■■■■ in th is is su e

T h e J e w is h A t t itu d e T o w a r d F a m ily P la n n in g

In Q u e s t o f J e w is h

Id e n t it y

R e lig io u s P r o g re s s in S o u th A f r ic a

Echoes of S p a n is h J e w r y

s p e c ia l featwure The M ount C le m e n s C a s e B r ie f

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Vol. XXVI, No. 5/June, 1959/Sivan, 5719/

71*3

EDITORIAL Säul Bernstein , Editor M. Morton Rubenstein Reuben E. Gross Rabbi S. J. Sharfman Libby Klaperman Editorial Associates

VICTORY FOR SYNAGOGUE SANCTITY.................

ARTICLES THE JEWISH ATTITUDE TOWARD FAMILY PLANNING/Moses Tendler ..........................

THEA Odem , Editorial Assistant

NOSTALGIC ECHOES OF SPANISH JEWRY/ David Belgray............................................ 11

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IN QUEST OF JEWISH IDENTITY/!. Halevy-Levln ... 17

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Editorial and Publication Office: 305 Broadway N ew York 7, N . Y. BEekman 3-2220

Published by

UNION OF O rthodox J ewish Congregations of A merica

Mo^es I. Feuerstein President Benjamin Koenigsbcrg, Nathan K. Gross, Samuel L; Brennglass, M. Morton Rubenstein, Vice Presidents; Edward A. Teplow, Treasurer; Herbert Berman, Secretary. Dr. Samson R. Weiss Executive Vice President

RELIGIOUS PROGRESS IN SOUTH AFRICA/ Louis I. Rabinowitz .................................... 34 DON ISAAC ABRABANEL/Meyer Waxman.............. 38 THE STUDY OF JEWISH HISTORY/H. Rabinowicz.... 45

SPECIAL FEATURE THE HISTORIC MOUNT CLEMENS CASE BR IEF..... 22

BOOK REVIEWS A PANORAMIC ANTHOLOGY/Samuel I. Cohen..... 50 ON JEWISH RELIGION AND ETHICS/ Abraham N. Zuroff....................................... 52 MARTYRED LEADERS/Samson R. W eiss............... 55 A TALMUD CONCORDANCE ............................. 56

DEPARTMENTS AMONG OUR CONTRIBUTORS .................... '..... HASHKOFAH: The Concept of Independence....... 30 LETTERS TO THE EDITOR.................

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2 59

June, 1959

DR. MOSES TENDLER, assistant dean and assistant professor

of biology at Yeshiva University, is combining successful careers as a rabbi, bacteriologist, administrator, and teacher. He is a musmach of Rabbi Isaac Elchanan Theological Seminary, and received his general education at New York University and Columbia University. DAVID BELGRAY is a young free lance writer who lives in

New York. He is a graduate of the City College of New York and received his Master’s degree at Columbia University. Articles by Mr. Belgray have appeared in the Jerusalem Post and various American periodicals. RABBI DR. LOUIS I. RABINOWITZ is Chief Rabbi of the

among our contributors

Transvaal, South Africa. He is professor of Hebrew and Judaica at Witwatersrand University and is the author of “Social Life of the Jews of North France in the 12th to 14th Century,” as well as other works. Rabbi Rabinowitz has contributed to various scholarly journals. I. HALEVY-LEVIN is the Israel correspondent of J ewish L ife .

He is the editor of “Israel Argosy,” a series of anthologies of the works of leading Israeli writers, and editor of the Modern Israel Library. DR. MEYER ,WAXMAN, eminent author of “A History of Jew

ish Literature/’ has made important contributions in the field of Jewish scholarship. In this issue Dr. Waxman continues his series on great Jewish thinkers. RABBI DR. H. RABINOWICZ is the rabbi of the Dollis Hill

Synagogue, London, England. He received his rabbinical diploma at Jews College, London, and his Ph.D. at London University. . DR. SAMSON R. WEISS is the executive vice-president of the

Union of Orthodox Jewish Congregations of America. A noted Jewish educator and thinker, his column on Jewish concepts is a regular feature of J ewish L if e . Cover: Israel’s revered Chief Rabbi, Dr. Isaac Halevi Herzog, shown upon arrival for a visit to the United States several years ago. Jews the world over pray for the recovery of Chief Rabbi Herzog from his present grave illness. JEWISH LIFE

R I

A L

V ictory fo r Synagogue Sanctity U T T IS T O R IC ” is surely the right word for the decision of the J -J. Supreme Court of Michigan, announced June 5th, in the celebrated Mount Clemens “mixed seating” case. Reversing the earlier decision of a lower court, the Michigan Supreme Court unanimously upheld the case of the minority group opposing the abandonment of separate seating of men and women at religious services at Congregation Beth Tefilas Moses of Mount Clemens, Mich. As in the similar case of Congregation Chevra Thilim of New Orleans, La. last year, the court found that the projected seating change constituted a violation of synagogue sanctity and hence of members’ religious and property rights. But going beyond the decision of the Louisiana court, the Michigan Supreme Court held that whether or not the property is subject to an express trust”, breach of religious freedom and of prop erty rights are alike entailed when “a majority faction of a local congregation” diverts the congregational property “to another denomination or to the support of doctrines fundamentally opposed to the characteristic doctrines of the society”. In the light of the fundamental religious issues and legal questions underlying the “mixed seating” issue, the decision of the Michigan Supreme Court bears wide ramifications. It pro tects congregations of historically orthodox character whether or not their charters or constitutions expressly bear the word “ortho dox . It upholds the premise that traditional synagogue practices based on fundamental Jewish doctrine are not subject to change W ide ky vote °f a, momentary majority” of lay members of a congregation. Upheld too, on the basis of the unchallenged evidence, mpor was the contention that adoption of mixed seating, a hallmark of the Reform and Conservative movements, violates Jewish law and removes the sanctity of the synagogue, wherefore the observant Jew may no longer in good conscience worship there. The successful outcome of this case underscores the position held by orthodox Jewry that issues deriving from questions of June, 1959

Jewish law are rightfully adjudicable only within the terms of such law and by tribunals of recognized Halachic authorities. In rejecting Halachic adjudication, the proponents of mixed seating at services have given further demonstration that they are moti vated by disregard for sacred Jewish law and tradition. Thus there has been forced upon the defenders of synagogue sanctity the alternatives of either yielding religious principle or defending their rights in the civil courts. HE Mount Clemens decision spells the end of an era of anarchy in congregational life. As the court decision aptly T expressed it: “It is not the responsibility or duty of our civil courts, nor have they the right, to interfere with the practice of religion in any way whatsoever . . . Under the Constitu tion and Bill of Rights, however, it is made equally clear that it is the court’s duty to preserve freedom of religion and its practice and to preserve the rights of minority groups . . .” Thus the decision serves notice to all that those opposed to sacred Jewish norms have every right, under American freedom, to withdraw from the orthodox synagogue and set up such insti tutions as they may choose. But they have no right and hence forth may no longer arrogate the power to usurp the religious End freedom of their religiously-loyal brethren by imposing heterodox to doctrines and practices on orthodox synagogues. AgitationUsurpation inspired ballot may no longer be used with impunity in deciding the fate of orthodox congregations. The Jewish community is lastingly indebted to Mr. Baruch Litvin, who, standing alone in Mount Clemens, carried on an unceasing struggle against the proposed change for more than five years. Carrying his cause far and wide throughout the coun try, Mr. Litvin has aroused many to the realization that the “mixed seating” issue is a focal point in the battle for the sanctity of the synagogue and of Torah law, for the integrity and endur ance of true Judaism. In giving aid and guidance in this as in similar cases, the Union of Orthodox Jewish Congregations of America, with the cooperation of the Rabbinical Council of America, has made a major contribution. Particular tribute must be paid to Samuel Lawrence Brennglass, UOJCA vice-president and noted attorney who prepared the brief of the Union and the Rabbinical Council, as amici curiae in support of the plaintiffs, upon which the Michigan Supreme Court’s decision was based. HE historical significance of the Mount Clemens case must be appraised in the context of pregnant developments. Many signs indicate an awakening to the sanctity and glory of the Jew ish heritage among Jews everywhere. From coast to coast there

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JEWISH LIFE

can be seen the rise of new orthodox synagogues, the expansion of many others, continual increases in the number and enrollPos ¡five ments of Day Schools, the waxing of institutions of Torah learnSpirit ing, the fruitful spread of traditional religious endeavor in a vs variety of forms, above all the upsurge of a positive Jewish FT ht spirit °f respect for Jewish law, and of personal and home 9 observance. Scores of synagogues which had fallen into the “mixed pews” deviation have, during the past few years alone, recognized their error and have restored or newly instituted the Meehitzah, the separation of the men’s and women’s seating sec tions required by Jewish law. This does not gainsay the fact that a contrary spirit of flight from Jewish values and principles, a spirit of assimilation to the non-Jewish world, remains a potent factor on the Jewish scene. There can be no neutrality as between these two opposing trends. A battle on wide fronts emerges. For the Torah forces, the campaign must be waged primarily with education, with programs for the spreading of Jewish knowl edge and enlightenment. Greater unity, more cohesive organiza tion must be and is being brought to bear. But, under all circum stances, unshakable determination to meet the realities of the situation must govern all efforts. There must be the realization that not one synagogue or community, or for that matter not one home and not one Jew, is expendable. Epitomizing as it does the struggle for defense of Jewish foundations, the “mixed seating” issue cannot be treated as a 5pur peripheral problem; upon it hinges the question whether synagogues will remain Jewish sanctuaries or will, Heaven forfend, Endeavor be made over into the likeness of the church. The Mount Clemens decision denotes that the will to confront the problem even under the most adverse conditions has come to the fore and that this will must triumph. The spirit symbolized in the Mount Clemens case will, with the blessing of the Almighty, spur on to new heights the forces of creative Jewish endeavor and yield manifold blessings to our people.

June, 1959

The Jewish Attitude Toward Family Planning £ By MOSES TENDLER Much misinformation has become prevalent as to the position of Judaism on Birth Control, The following article is inspired by the need for dissemination of valid, responsibly pre sented information. It is not intended as a definitive presentation but rather as an inter pretation, from the author’s viewpoint and for general enlightenment, of the character and significance of Jewish law and teaching on this sensitive question. It must be stressed that those seeking specific personal guidance must consult their orthodox community rabbi.

HE QUESTION of “family plan understanding of the laws affecting ning” has risen to major impor marital life and of the religious con T tance in the world of today, in con cepts amidst which they operate. sequence of many factors in modem life. In some countries, the pressure of population growth, threatening to outstrip means of sustenance, has given rise to demands for measures to restrict births. In other lands, particu larly those in the vanguard of eco nomic development, rising standards of living among the mass of popula tion, and a concomitant increase in the cost of living, have induced many to voluntarily seek means of family plan ning to insure that the number of chil dren in the family will not overstrain the capacity of the parents to main tain the living standard to which they aspire. Since most Jews share the social, economic, and cultural environment of general society, the question of family planning has naturally had its impact upon the Jewish world of today. In view of the painful fact that many Jews have little or no knowledge of Jewish tenets and standards, it is not surpris ing that great numbers of our people are totally ignorant of Jewish law and teaching upon this question. Many, in fact, are completely unaware that Judaism has a specific position on this question. Many others undoubtedly are better informed, yet have no lucid 6

Thus there is pressing need to dis seminate basic information on the Jewish attitude towards family plan ning. To undertake this in the form of a brief magazine article poses diffi cult, perhaps insuperable problems. The Jewish attitude towards family planning can be properly understood only within the context of Jewish be lief as a whole and in the spirit and outlook of the Jewish heritage. It can be approached only with the aware ness that it is an integral expression of the Jewish attitude towards life itself, rooted in Torah, which pro claims that life, all life, is sacred. The application of this concept is made precise and explicit through Halochah, the transmission of Torah law to life in all its facets and exigencies. HE Jewish attitude towards fami T ly is the resultant of its under standing of the purpose of the marital act. This understanding is the com posite of the Halachic duties and pro hibitions governing the sex life of the Jew. The modification of the marital act to preclude the possibility of concep tion is the basis of family planning. Various modifications are known to JEWISH LIFE

the medical profession and through them to the populace. New methods are being tested both for effectiveness and freedom from harmful side ef fects. May an observant Jew make use of these methods? It must be immediately stated that authorities in Halochah unanimously agree that family planning in this sense, in the absence of significant medical consideration, is a violation of the spirit of our Torah. Hearing this, many young people today, educated in the liberal spirit of the American university, would be likely to characterize this and other Torah attitudes not in accord with accepted secular concepts as mere atavisms — throw-backs to medieval times. Surely, they will argue, the new role of the woman in our society, the entirely altered social scene, make it quite obvious that the rabbinic pro nouncements of past ages concerning family and social relations have but historic interest to the modern Jew. Only one who is completely unfa miliar with the origin and structure of Jewish law could level the above charge against any of our Torah concepts. The Torah, given to us thousands of years ago, is equally applicable today despite changed social values, because it is the teaching of an omnis cient G-d. Our Torah is changeless because it needs no change. Every Halochah has a built-in elastic clause that permits its applicability to every social scene. Indeed our Torah laws are extremely flexible within rigid clearly defined boundaries. Rather than draw a line of demarcation be tween the forbidden and the permitted, the Torah circumscribes the area of permissible activity. Within this cir cle the Torah scholar navigates some June, 1959

times to the left, sometimes to the right, but always well within these unalterable boundary lines that define the extreme limits of acceptable hu man activity. It is this “room to navi gate” that has permitted our Torah way of life to remain a living, ever powerful force for the preservation of the Jewish people. This privilege and duty to interpret the Torah attitude toward every seemingly new situation often gives rise to differences of opin ion among the great rabbinic authori ties; differences that are referred to in our Talmud as, “Both are the words of our living G-d,” because Divinely set boundary lines were not violated. OR the sake of clarity it is useful F to contrast our understanding of the purpose of this human activity with the pronouncements of the Chris tian churches. As stated in a recent view of Roman Catholic opinion: “ Man may not pervert or frustrate the objective purposeful function of the sexual process . . . Married couples . . . are not obliged morally speaking to have sexual intercourse at any given time nor to abstain at any given time. But they may not by the use of me chanical instrument or chemical sub stance directly and deliberately frus trate the process itself. The process is G-d made and G-d given—a process for the creation of human beings— and has a sacred character.”: The sexual act has in the Catholic view but one function—procreation. The approval of continence and the so. called “rhythm” method of birth control by the Roman Catholic church clearly violates the above expressed theological reasoning and can be un derstood only in the light of Catholic asceticism and their belief in the basic evil of the physical pleasures. Many of the Protestant churches, on the other hand, have given unre served approval to all contraceptive

methods commonly employed, citing the sociologist, the psychologist, and the economist to bolster their point of view. Our Torah teaches us that the pur pose of sexual union is far more en compassing than merely the biologi cal generative function. We as Jews are indeed “obliged morally speaking” to abstain at given times and to have marital intercourse at other times. A modern Jew cannot accept the life of a celibant. To do so he would be trans gressing the first Divine command ment mentioned in our Torah, and in addition incur the wrath of our Sages who saw fit to denounce the misguided ascetic. HE LAWS of Nidah that govern T marital relations and do obligate us to abstain at given times were given to us, as explained in the Talmud, to differentiate us from the animals. The sexual act, along with every other human activity, is raised from the animal to the human level by the thought-producing effect of moral ob ligations. We recognize that the sexual bond is one of the strongest of the family bonds. The laws of Nidah, which enforce a period of abstinence, enhance and renew the deep emo tional involvement, strengthen this sexual bond and with it the family unit. The emotional and psychological aspects of the sexual union just now being analyzed by psychologists and marriage counsellors, and so vividly stamped “product of 20th century” were clearly evaluated and incorpo rated into Oral Law by our Sages some 2,000 years ago, not as their innovations, but merely as direct ex tensions of Biblical law. The sexual equality of women was recognized by the Torah in the “Mitzvah Onah”, the 8

Divine precept obligating the Jew to meet the sexual needs of his wife. Our Oral Tradition, presented to Moses on Mount Sinai along with the Written Law, clearly recognized that thé sexual act serves functions other than pro creation. Cohabitation is, for instance, not only permitted but required as a mutual obligation of husband and wife during pregnancy although there is no possibility of increased producti vity. Likewise, the sterility of one’s wife does not in any way suspend the above-mentioned moral obligation. Thus our Torah clearly recognizes that the marital act is more than the gen erative act common to all living sys tems. It is an act between two humans incurring all the duties, obligations, and emotional involvement inherent in the intimate association of a man, his wife, and their G-d. Modern man has a long road to travel before he attains the refinement of thought and act, in the simple romantic sense as well as the complex ethical sense, that is succinctly summarized in the Torah view of sex. f 1 1HE Halachic basis for a decision on the question of contraception is the Biblical story on Onan, the son of Judah (Bereshith 38:9-10). Two factors are emphasized in this Biblical narrative: the method of preventing conception, and the intent or reason for wanting to prevent conception. In the Biblical case cited, both the method and the intent were objection able to G-d. The development of this law in the Talmud and in later Responsa litera ture reveals the following trends: a. Some contraceptive methods are, whatever the circumstances, totally forbidden. The withdrawal method as practiced by Onan, or the use of the equivalent contraceptive device by the JEWISH LIFE

male which prevents the implanting method wherein conception is avoided of the sperm, is prohibited under the by abstaining from sexual intercourse sanction of vayeyra be’eyney Hashem for a calculated “fertile period” dur usher osa vayimath gam otho. ing which fertilization may occur, is not construed as per se contrary to b. The use of a mechanical barrier by the woman (diaphragm method) Halochah. Assuming that the couple too is considered by the vast majority have fulfilled the Torah commandment of Halachic authorities to be forbid of “be fruitful and multiply”—the den under all circumstances, for here minimal fulfillment being the bearing too the husband: “casts his seed on of a son and daughter—they may by wood and stones”, Some of the mutual consent refrain from further greatest rabbis of the last generation sexual relations. They may also take have prohibited the use of a dia such measures as are not forbidden by phragm device even if cogent medical the Torah to prevent conception. reasons made the prevention of con ception absolutely essential. Absti H rH E Halachic trends just summarized do not fully record the “spirit nence by mutual consent was the only solution they would offer. Other au of the law”. The letter of the law is thorities of equal reputation have dis- open to the various interpretations just . agreed with this interpretation. The given. But, as previously stated, it is concept of intent inherent in the Bib the virtually unanimous opinion of our lical injunction has been given greater halachic authorities that “family planweight. Since natural cohabitation is ning’| | in the absence of significant not interfered with by the use of the medical consideration, is a violation diaphragm, and if the intent is not of the spirit of our Torah. Why should a couple limit the num to “do evil” but to prevent harm to ber of children they will bring into the the wife, then when significant medical reasons are presented to competent world? Is the consideration family rabbinic authority, permission may be finances? Surely one is deficient in his granted for its use during the dura trust in G-d and egotistical in his esti mate of the factors that determine the tion of the medical emergency. family financial status, if he refuses A decidedly minority group of rab to concede “He who giveth life giveth binic scholars have refused to con sustenance”. Each individual born has sider the diaphragm contraceptive the supervision of an Omnipotent method as Onanism. These rabbis felt Personal G-d to determine the physi that the letter of the law is not vio cal factors of his existence. The paren lated when the diaphragm method be tal finances can hardly be consequen used even in the absence of significant tial to Him. Does the desire to travel medical considerations as long as the or to “get to know each other better” reason for preventing conception be militate against the encumbrance of not of “evil intent”. children? Surely this motivation is c. The use of non-mechanical conflecked with hedonism and ingratitude. traceptive devices such as chemical To fully appreciate the implication of spermicidals or the still experimental ingratitude one has but to ask a couple hormonal repressors of ovulation is who during the first years of married not in direct conflict with the letter life preferred to avoid the possibility of the Law. Similarly the rhythm of conception and now find their overJune, 1959

powering desire for a child continu ally frustrated. During these last two decades scien tist and layman alike has been exposed to an increasingly active campaign to convince him that the Malthusian nightmare of world population out stripping world productivity is close to being realized. The “demographic problem” or the “population explo sion” is often included in the list of reasons for practicing birth control. It is important to divorce truth from fic tio n . In d e ed , w hen fa m in e threatens, our Torah instructs us to refrain from increasing the local pop ulation through continence or accept able contraception techniques. How ever, we in the United States can

hardly point to overpopulation in India as a justification of the low birth rate of our most valuable genetic stock-—our finest intellectuals/ T P HE foregoing discussion must not "*■ be misconstrued as an attempt to legislate through a nationally dis tributed publication, a point of Torah law that is solely within the jurisdic tion of the orthodox community rab bi. There are so many variables in every question posed, that only the rabbi who is fully familiar with the individuals involved, their motives and aspirations, can properly evaluate these variables that in sum total de termine the Halachic position.

Why were the Ten Commandments not uttered at the begin ning of the Torah? The Sages gave a parable: A king entered a country and said, “I will rule over you/' The people an swered, "Have you done anything good fgr us that entitles you to rule over us?" He then built a wall around the city, instituted a water supply, and waged war for them. Then when he again said, "I will rule over you," they answered, "Yes, yesi" So was it with the Almighty. He took Israel out of Egypt, divided the sea for them, brought down Manna for them, raised the well for them, brought the quail to them, waged war for them against Amalek. And then when He said, "I will be your King," they answered, "Yes, yes!" Mechilta

JEWISH LIFE

Nostalgic Echoes of Spanish Jewry By DAVID BELGRAY

EVILLE’S narrow streets with Ah, here we are at the District of whitewashed houses . . . churches Santa Cruz. The memories of the Jew and former synagogues of unmistak ish Quarter still linger in these narrow able Moorish design . . .the wailing alley-like streets. Notice all the white sound of flamenco song. . . all these washed houses and the colorful vaguely occur to the tourist who has flowers growing through the wrought been to Spain and to the armchair iron screens which protect the win traveller who vicariously experiences dows. Isn’t it a peaceful scene? How the thrills told by travel posters. But deceptive! For it was in these very it is a rara avis who discerns the streets that jeering, hate-filled mobs echoes of the Jewish past which ema of the fifteenth century burned the nate from these living vestiges of homes and synagogues of the Jews. Medieval Spain. Hark! Hear that flamenco sung by A broad-minded Spanish scholar a young woman. It comes from that claimed that the visitor who goes w indow u p s ta irs . F la m e n c o was away without hearing the Jewish story handed down by the Moors. Do the has missed the whole point. Perhaps plaintive melodies sound familiar? Of he exaggerated its importance, but it course. It is similar to Hebrew chant is well worth the effort to follow us ing. But imagine the horrible cries of on a trip through Spain where we anguish and agony that filled these can chip away the outer layers of streets when a Jew was trapped in his plaster lining the walls of time-defying flaming house. Let us listen to that ancient structures and reach the past. beautiful flamenco instead. Perhaps It was a glorious past, filled with the young lady singing is a Marrano the likes of Rambam, Yehudah descendant. For who knows how many Halevi, Isaac Abrabanel, and count people accepted forced conversion to less others who shaped the “Golden Christianity to save their lives. Age” while equestrian Moors fought against armored Christian knights on ET US turn the corner and enter the battlefield. It was an era of learn the narrow Street of Susona. It ing, prosperity, and mystery which was once known as the Street of persisted in the face of on-again-off- Death. I wonder which house she lived again persecution. in. Susona was a beautiful Marrano But let us see for ourselves. Our girl who brought about the death of chug-chugging train has stopped at her fellow Jews. She betrayed to the historic Seville. We will get off here Inquisition her own father, an eminent and walk through the city .. . personage who, like so many of the

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June, 1959

Marranos, secretly maintained Jewish observance* and caused him to be burnt at the stake. Then she fell in love with a Christian noble who once paid her court on the Holy Thursday of her adopted faith. It so happens that six Jewish converts met secretly to practice the rites of their ancient cult, and our noble friend discovered them. Their fate is now well known. Susona herself died a miserable wretch, leaving a elapse in her will that her skull be placed in a wall “to be near the house in which I lived, as an example and a punishment for my sins.” Come, let us stroll to the Fair, where dancing and merrymaking will take our minds off this tragic street. Perhaps it will remind us of another festive occasion-g-when the Jews of Seville offered the Keys of the Ghetto to Fernando, the Sainted King. You ask whether there are any Jews living in Seville today. One family. They came from Germany. The only daughter told me someone once called her a dirty Jew, but no body really bothers them. Most people here won’t believe you if you tell them you are a Jew. Jews haven’t lived here since 1492. Would you like to see more? Let us travel through Andalusia. We won’t stop at Granada just now, but did you know that this city was once called “The City of the Jews”? And Lucena, a small city nearby was 100% Jewish. It is pleasant to look back at that time of Moorish rule. Those were the days when Arabs and Jews lived like brothers.

“Por favor, señor, where is the house of Maimonides?” “Go straight ahead until you reach the narrow street of the Jews, turn right, and continue past the synagogue until you find it.” “Synagogue?” “Yes. It is no longer used. It dates from the thirteenth century. There is a caretaker there who will show you the women’s gallery over the door way, and point out the Moorish arches and carving. You will even see the niche where the Torah was kept. Are you Jewish?” “Yes.” “Then you will find the caretaker amusing. He points to the Hebrew lettering inscribed on the wall—and translates it from left to right. No Jewish visitor has been able to con vince him that Hebrew is read from right to left.” “How do you know so much about this?” “I am a Chueta from Majorca. A descendant of Jews. We still maintain some Jewish traditions such as lighting the candles on Friday nights. But we are staunch Catholics. I am interested in the Jews -H not as one of your brethren, but out of curiosity. I must run now.” “But w ait. . .” “I am sorry. I am late for an ap pointment. Adiós.” “Adiós. Muchas gracias.” So my friend, you thought Spain was barren of Jews. Who knows how many of these inhabitants’ great great grandfathers observed Pesach in se cret, while steadfastly attending church on Sundays?

ERE we are at Cordoba. Let us get off and wander through the streets of the city. We will ask that gen tleman for directions.

H 12

E SEEM to have lost our way. This street is called Judah Halevi. It is named after the famous JEWISH LIFE

Plazuela de Maimonides and the Calle de Judios (Street of the Jews), Cordoba, Spain.

poet. All these streets with Jewish names. Good for tourism. You know, in Madrid and Barcelona, where Jews live today, they don’t allow so much as an inscription to be placed on the facades of the present-day syna gogues. Here, where there are no Jews, the government proudly assigns Jewish names to the streets and dis plays synagogues as a tourist specta cle of Spanish heritage. Ironic. No? We must have gone around in a circle. Hère is the Plaza de Maimoni des. His house has been converted into a-museum by the authorities. Such silence here! Sharp contrast to the traffic in slaves and silks and the bust ling activity that took place on this very ground some six to eight cen turies ago. That era is dead. The hush June, 1959

that prevails in these quiet streets seems to shout this at you, doesn’t it? Would you like to see more? We need not limit ourselves to places of Jewish interest. There are also the remnants of Roman civilization, Phoe nician, Arab, Christian, Greek . . . They are all here in Spain. But as a Jew, you say the Jewish aspect in terests you the most. Alright then, let us proceed to Toledo, that medieval city of the magic arts. Here it was said that Moors and Jews alike practiced alchemy, star gazing, and witchcraft whilst their brethren bargained at the market place. It is not the only strange rumor that circulated about the Jew. It was to be expected in an era where science

and the arts were piercing the curtain of knowledge. Anyway, notice these quaint patios behind iron gates as we amble through these mysterious cobbled streets. And the Moorish archways! It feels as though a turbanned Moor might step from these portals at any moment. Oh, will there ever be a city of learning again such as existed here for Arab, Jew, and Christian side by side? VER there is the House of Samuel Levi, better known as the House of El Greco. “It is haunted,” they used to whisper. For you see, it belonged to the estate of Samuel Levi, a Jew who was the treasurer to King Pedro the Cruel in the thirteenth century. After amassing a personal fortune, Levi, like many of his compatriots, was arrested and tortured. When his fortune was confiscated, they found piles of gold and silver in a secret cellar of his mansion. But the story didn’t end there. In later years another personality came to inhabit the mansion: Don Enrique of Aragon, descendant of kings and celebrated literary sage. Known by the name of Marques of Villena, it is said that he practiced alchemy and the magic arts in the caves where Samuel Levi had once hidden his personal fortune. Demons and ghosts hovered about the house like a pall until after 1585 when Domenico Theotocopuli — El Greco—dared to move in and remove the evil curse which lingered behind its closed shut ters. It then became the birthplace for no small number of the famous artist’s masterpieces. Let us amble on to the synagogue which Samuel Levi built as an annex to his estate. It is an outstanding testi monial to the rise and fall of Toledan Jewry. It has had a bizarre metamor

phosis since it was sacked by the Christians, acquiring such aliases as the “Hermitage of the Passing of Our Lady” and serving as an archive for the Military Orders of Calatrava and Alcantara. Today, it is a tourist draw ing card known simply as the “Sinagoga El Transito”. Notice the frieze of sculptured plasterwork which flows along the walls near the ceiling, intermingled with Hebrew inscriptions. And the empti ness of the large square building. Many a moon has passed since a minyon entered through these portals to fill the void. Can you hear the echo as we talk? It is more than our voices. They are cries of medieval Jewry trying to tell us of the glorious days which once passed here. ET US walk through the narrow streets of the one-time Jewish ghetto, and meet some of the resi dents. Not a mezuzah remaining over the doors. Surely there must be some descendants of Marranos or Moors here. We will ask that woman scrubbing her doorway. Pardon me . . . we were wondering whether anyone living here could tell us about the Jews who once lived in these very houses. Are there any descendants of Jews here? .. .You say everyone in Toledo is espanol puro? But the facial characteristics! Surely. . . Of course. The Pure Blood Statutes explain the answer. They date back to the fifteenth century but their effect still lingers today. In fact, they origi nated right here in Toledo. A Chris tian merchant who had converted from Judaism was sent to collect a tax which had been levied on the Toledans in 1449, and the citizens turned their wrath on the wealthy

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Street in the former Jewish Quarter of Seville

“New Christian” quarter where many other such converts lived. Thirteen leading Jewish citizens were then re moved from their official positions, and King Fernando soon prohibited New Christians from holding office in Toledo. “Pure” Christian blood be came the primary qualification for holding office. These Estatutos de Limpieza de Sangro or Pure Blood Statutes came more and more into vogue in the six teenth and seventeenth centuries. Members of the clergy were suspected of clinging to their former Jewish traditions, and 100% Christian an cestry became the sine qua non for June, 1959

donning the robes of the priesthood. Craft guilds imposed similar restric tions on their membership, and even members of the nobility lost their titles when it was discovered that a great-grandfather had married a convert. Those who were under sus picion— and there were many—often went to great lengths to hush up their past and burn the family album. O, when these present day resi dents claim they are pure Spanish, they are merely “defending” them selves as their ancestors did 300 years ago. However, the Jewish blood in the family probably was kept so secret

that these people you see walking about are completely unaware of their past. How astonished might some of them be, were they to learn that their great-great-grandfathers attended what is now the Church of Santa Maria La Blanca for Rosh Hashonah. Let us take a walk there and look at it. It is a synagogue in disguise. Notice the rows of arches sitting atop the octagonal pillars. A reminder of the Moorish influence on the architecture of all synagogues built in those days. Can you imagine the chanting of Jewish prayer here five centuries ago? And can you conjure up a picture of the women sitting in that section in the rear, sedately watching their hus bands and children as their ancestors did for centuries? Now look up front. A large cross. A stern reminder of the forced conversion of the syna gogue into a church . . . that no Jew shall pray here again. In Segovia, there is a similar church called Corpus Christi. It too was con verted from a synagogue. Nearby there is another building which, ac cording to the tourist literature, was also once a synagogue. Several months ago, a friend of mine and I visited there, and a strange conversation en sued between us and the priest who answered our knock at the door. In fact, it was a dialogue which might well have been spoken on the same ground five centuries ago. When my companion told the priest that I was a Jew, he looked at me strangely with a stare of dis belief. “ You are what?” he asked. “Jewish.”

To that, the priest laughed. “Of course you must have been baptized,” he said. My companion and I explained that, while it was common for Jews" to be baptized, under terror, in the era of 1492, it was no longer done. Judging by his facial expression, the priest felt he was being made the butt of a joke. He said that he had never seen a Jew before, but we couldn’t help wondering how many of his ancestors might have prayed in that very syna gogue on Saturdays with the same frequency that he attends Sunday mass. An unbroken string, one day removed? O you see, my friend, the memory of Spanish Judaism still lingers within the walls of the ancient struc tures. We have passed through the portals to witness it. But the Spaniard does not have to. His atavistic lingo recalls the conversation of his fif teenth century counterpart who jeered at Jews burning at the stake. For, to day, Judio, or Jew, is a dirty word in the Spanish vernacular. It means ugly, stupid, and a host of connotations which have been passed down since the autos-da-fe of the Inquisition. Of course, its origin was forgotten long ago. The Spaniard playfully calling his friend “Judio” has no more thoughts of the Jews than does the peasant riding his mule past the Church of Santa Maria La Blanca in Toledo. But the discerning tourist who walks through Spain with a circum spect eye and listens for the medieval murmurs has the fortunate opportuni ty to see and hear the glories and tragedies of Spanish Jewry retold.

JEWISH LIFE

In Quest of Jewish Identity By I. HALEVY-LEVIN

Jer u sa lem

HE CONVERSION of the debate extent in practice—can be fairly easily on Jewish identity—which in one resolved. A person of Jewish descent, form or another has been continuing for whom being a Jew loses its mean since the emancipation of the Jews ing, cuts his moorings or drifts away in Europe—into a political issue, has from his own people and his own diverted it into undesirable channels faith; he becomes assimilated, until and completely distorted its character. ultimately he and his children sub To the religious— and not only to merge their identity beneath that of the religious -— Jew the controversy the majority people among whom they that has developed in Israel in the past live. In Israel even for those who de year, as to who shall be considered sire it there is no such way out. In a Jew, is as unnecessary as it is termarriage (which is far less widelymeaningless. The Halachic rule that spread, even among certain classes of a Jew is a person born of a Jewish immigrants from Eastern Europe, than mother (or properly converted to the is commonly supposed), is not a final Jewish faith) is not only sanctioned and all-but-irrevocable step towards by age-long tradition; it is logically loss of national identity. The Jewish and pragmatically unassailable. More partner in such a marriage—which in over Jewish tradition is rich enough the absence of civil marriage must to meet the exigencies of the new cir have taken place elsewhere— continues cumstances of Israel’s nationhood. The to regard himself and his children as religious section, accordingly, has Jews, and not merely Israelis— as good tended to regard the quest of the non- Jews, indeed, as his neighbors, many orthodox Jews for some more satis of whom in any case insist that they fying formula of Jewishness— and for are Jews by “nation and origin only”. spiritual content — with little sym pathy, and even with exasperation, HE development of a secular con particularly because of the anti-Jucept of Jewish nationalism stim daistic and even paganistic overtones ulated a re-definition of the Jew. In which it has sometimes assumed. this country the diverse formulas put It is insufficiently appreciated that forward assumed a special character, for the Jew without religion the because of the dichotomy of Zionist question of what makes him a Jew theory, namely the “negation of the is very real and very urgent. Para Golah” and the categorical affirmation doxical as it may appear, in the of the “new” Jew of Eretz Israel. This Golah the issue is more clear-cut, and theory assumed a strange polarity. —in theory, at least, and to a certain Negation of the Golah became not

June, 1959

only recognition of the basic causes of the depressed and often demoraliz ing conditions under which the Jews lived, mainly in Eastern Europe and the Islamic countries, or even of the social and cultural pressures to which Jews of happier countries are sub jected. It developed into an attempt to disown wholesale two thousand years of Jewish history. The opposite pole was a virtual apotheosis of the hypothetical “new” Jew springing up from the soil of a regenerated home land. Hardly more than a single step led to the more extreme formulas of the Ivrim Tze’irim (Young Hebrews), more commonly known as the Canaa nites, for whom, indeed, any de rivative of the word “Jew”, as applied to themselves, was anathema. Con sistently the Canaanites carried nega tion of the Golah to its logical con clusion. They insisted on a clean break with the Golah and with such sections of Jewish history as they found distasteful. Quite simply they stated: “Whoever is not a native of this land, the land of the Hebrews, cannot be a Hebrew, is not a Hebrew and never was a Hebrew. Whoever comes from the Jewish dispersion is a Jew and not a Hebrew, and cannot be anything, but a Jew, good or bad, proud or despicable, but a Jew. “A Jew and a Hebrew can never be identical. A Hebrew cannot be a Jew nor can a Jew be a Hebrew, for a member of a nation cannot be a mem ber of a community (edah), who re gards his nation as a community.” The Young Hebrew movement lan guished into insignificance, after a brief and unbrilliant career, as its members became older, wiser, mar ried, and burdened with responsibili ties. The Chazith Hashemith—Semitic Front—which announced its existence some months ago, but has since shown

no signs of life, seems to be the il legitimate offspring of the Canaanites — fathered by a remnant of the Lochmey Cheruth Yisroel (Lechi) terrorist group. This Front, which has taken over Canaanite ambitions, has so far not made any pronouncements o'nr more abstract questions, such as the nature of Jewishness. The danger of the Canaanite movement lay neither in its numbers nor in its influence. It never counted more than a couple of hundred adherents and was too torn by inner contradictions to make much headway as a popular movement. (One example: certain of its leaders and more vehement spokesmen themselves were not “natives of this land”, and being born in Poland, that is “the Jewish dispersion”, were disqualified by Canaanite definition from consider ing themselves Young Hebrews.) The real menace of the movement lay in the fact that it was a symptom of what large sections of Israeli youth thought and felt, namely that two thousand years of Jewish history in the Golah were some sort of national trauma which must be sublimated or sup pressed; that there was only the most tenuous relation between themselves and the Jews outside Eretz Israel; and that they themselves constituted the nucleus of a new, entirely different, nation. T IS a measure of the basic com mon sense of the young sabra— who, incidentally is anything but a rebel — that despite this underlying bond of sympathy, and the appeal of neo-paganism to his lively romanti cism he was not led astray by the Canaanite movement. Perhaps it was the stress and the perils of the War of Liberation and the early years of statehood, when such grave responsi bilities were thrust onto the shoulders

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of the younger generation, that gave the Canaanites their coup de grace. In these years, at all events, the move ment faded into obscurity. Indeed the war and statehood diverted the ro manticism of the young people into new channels. The Canaanites had sought affinity with mythological preAbrahamic inhabitants of Canaan. The sabras of the fifties began to re gard themselves as the heirs of Joshua and David and the men of the first Hebrew monarchy. After all, had not their parents always referred to them selves as the dor hamidbor-—the gen eration of the wilderness?

This succession of historical periods in the minds and imaginations of the younger generation in Israel is of major significance in shaping its con ception of Jewish identity. One result—an important one from any point of view—has been a wave of popular enthusiasm for Bible study. This attachment to the Bible, how ever, as already indicated, has re mained a romantic one and evinces much the same disregard for the facts of Jewish life and the same fastidious ness in the selection of periods in Jewish history as did the Canaanite movement, which preceded it.

“ Back to the Bible”

OW, how ever||a new twist has ||-in this as in the political sphere, the been given to the association be concentrated, articulate expression of N tween the Bible and Eretz Israel. The the consensus of Israeli feeling, es Bible is regarded as the exclusive pristine expression of ancient Eretz Israel, despite the recurrent theme of exile running right through it, and the fact that certain books, even, were composed in the Golah. For the young sabra the essential core of the Bible remains the books of Joshua, Judges, Samuel, and Kings, some of the Later Prophets (Jeremiah is probably dis liked) andv of course, Ruth and the Song of Songs. The entire Oral Law, including such Eretz Israel creations as the Mishnah and the Jerusalem Talmud, is lumped together in the popular mind as somehow associated with the Golah, because it does not tell of conquests and kings, nor de scribe an idyllic ancient Hebrew way of life, and also, it seems, because it is bound up more closely with reli gious Judaism. David Ben Gurion, a leading ex ponent of the back-to-the-Bible mood June, 1959

pecially of the younger generation— has gone even further, by implication denying the Oral Law any share in the preservation of Jewry and Judaism. Speaking at a recent Bible study con ference he asserted: “Following the loss of our independ ence and our alienation from our own country, we lost contact with the climate and the context in which the Book of Books was created, and com mentaries and super-commentaries and legends—some of them in themselves great, even sublime, works — were piled up, with little relevance, however, to the original meaning of the Bible, while the Book of Books itself was neglected . . . As we became estranged from the native soil, the age of the Bible, we were divorced from a true understanding of its meaning, and our attachment to its values was weak ened . . . ” “Our ancient heritage molded the spirit of our people, leaving an indelible impress in our very hearts and souls. Without the inspiration of the Bible, without the vision of the Redemption, 19

we could not have survived the Golah, nor could we have come here. No book in the world has exercised such a profound influence on the destiny of any people as has the Book of Books. It is by virtue of the Bible alone that we have merited the Return to Zion and the reconstitution of our inde pendence.”

The confused thinking that these two passages from the same address reflect is striking — but then sound reasoning cannot follow from false premises. After all, ma nafshech! If the Book of Books was neglected and the Jews were “divorced from a true understanding of its meaning,” and their “attachment to its values was weakened,” how could it have molded the spirit of our people, so much so that “it is by virtue of the Bible alone that we have merited the Return to Zion and the reconstitution of bur independence”? Mr. Ben Gurion, of course, is not a confused thinker. He is a realist, a political realist. He has a case to make out and his views on the Bible must fit that case (just as his views on modern Jewish history must fit his antagonism to present-day Zionism). Two thousand years of Jewish history cannot be ignored. The next best thing is to deny their significance. UT there is already evidence that the Israelis themselves are groping towards a more integral concept of Jewish identity that does not twist Jewish history. The new Jewish iden tification— toda’ah yehudith—program introduced last year into Israel’s schools marks one step in that direc tion. The snag its sponsors find diffi cult to negotiate is their own insist ence upon the secular character of Jewish nationalism and their refusal to recognize that whatever is speci-

fically Jewish in culture is basically religious. The perplexity and bewilderment of the young Israeli was eloquently ex pressed not long ago by a leading leftwing intellectual and writer, Aharon Megged, at a symposium of Hebrew writers on the subject of Jewish iden tity. To what extent Megged is the spokesman of a wider circle is largely a matter of conjecture. But there can be no doubt whatever that his cry: “We are in the throes of a spiritual crisis! We stand with hands empty and hearts perplexed, though we thought we had garnered a rich harvest,' which should have sustained us for many years to come!” comes from the soul of many of his generation, now con scious that they have cast out the old values and have searched in vain to fill the void. No less typical, notwith standing his self-confessed bewilder ment, is his dogmatic assertion: “In order to determine the meaning Jewish identification can have for the Jew of this generation, living in his own homeland, his own State, we must isolate it completely from faith, or religion, or from what is called the spirit of Judaism. More specifically and hypothetically we can say: A person in this country can be a mem ber of the Jewish nation and at the same time not be a member of the Jewish religion. He can be a Jew—I do not say an Israeli, a Hebrew or a Canaanite, but a Jew—and an atheist or a believer in Christianity or Mo hammedanism or Buddhism. To be a Jew Jewish identification is essential, But it is not bound up with any speci fic outlook or faith but with culture in the broadest sense of that term.”

It is not without significance that even Megged qualifies his assertion that one can be a Jew and a Christian or a Mohammedan at one and the same time by adding “hypothetically”* By Megged’s own definition it is diffi cult to conceive such a Jew who is JEWISH LIFE

Jewishly identified, so to speak. For he states, “The only meaning toda’ah _ yehudith can have in our day and in Israel is historical and cultural, which have two dimensions . . . time . . . which includes all periods of the past . . . the Bible, the Mishnah, the Agada, the Midrash, medieval, Cabbalistic and Chasidic literature, Yiddish and Hebrew literature of recent genera tions, and not only literature but all expressions of the spirit of our peo ple, the distress, courage, prosecutions, and martyrdom, the messianic yearn ing and the national renaissance. . . There is not truth, neither in common sense nor in the realities of our lives, in the Canaanite concept that we con stitute some sort of short-cut from the period of the Bible to our own. Neither in outlook nor in mentality are we any closer to the times of Joshua and the worshippers of Baal and Astarte, than we are to the Agadists, or the Cabbalists of Safed, or the Chasidim of Baal Shem Tov! The opposite is true!” Megged is equally emphatic and ex plicit about the second dimension of his conception of Jewish identification, “Attachment to other sections of the people, in other words recognition of the single destiny of the entire people and of the bond between them, which is vital for both sections. We recog nize that we cannot survive without a constant influx from the Golah, and

June, 1959

that the Golah cannot survive, spiri tually or physically, without coming to us.” In terms of Jewish consciousness and Jewish identity this is progress indeed, indicating basic and compre hensive conscious Jewishness. Megged’s approach, however, remains fiercely secular and indeed anti-reli gious. Elsewhere in the same speech, he declared—in sorrow or in anger, it is hard to say—that the young Jew in search of faith finds the road to Judaism more closely obstructed than that leading to any other religion. Does all this mean that the abyss separating the religious and the nonreligious elements of our people is any closer to being bridged? (For ob viously this quest for Jewish identiy has a direct bearing on the current kulturkampf in Israel.) It would be hasty and over-optimistic to think so —even if the politicians were not busy confusing the issue. It is not only because neither party is in the mood, or recognizes the need, for such a rapprochement. But this is an or phaned generation. The intellectuals are worrying the problem; some are more successful in formulating it. But they lack the assurance and the authority to suggest any acceptable solution, while acknowledged leaders of the necessary moral and intellec tual stature are not with us to show us the way.

The Historic Mount Clemens Case Brief As Prepared By Sam uel La w r en c e B renng lass

PRELIMINARY STATEMENT r r iH E bill of complaint, filed August 26, 1955, alleges that the plaintiffs are members of Congregation Beth Tefilas Moses, an orthodox Jewish Con gregation located in Mt. Clemens, Michigan, and that the defendants are mem bers of its Board of Trustees; that the defendants have physical control and direction of the activities and property of the Congregation including the Syna gogue or house of worship, but do not have authority to change the form of worship; that the Synagogue was built and has been maintained from funds and contributions of orthodox Jews. It is further set forth that the Jewish religion is based upon the Halachah or authoritative rules of ecclesiastical law; that in accordance with the Halachah, “it is forbidden to pray in a synagogue where men and women sit together, as such synagogue under the orthodox Jewish tradition has no Kedushah or Con gregational sanctity;” that the separation of the sexes in Synagogue practice has been strictly adhered to for over 3,000 years, and that orthodox Jews cannot conscientiously worship contrary to orthodox custom and tradition in a syna gogue where the sexes are not separated.” It is further alleged that on July 28, 1955, at a special membership meet ing, certain members constituting a “reform movement” voted by a majority to introduce mixed seating; that defendants-trustees intend to effect such change which is “radically and fundamentally opposed to the doctrines, customs, usages and practices” of the Congregation and orthodox Judaism, that if mixed seating is permitted, the plaintiffs and other members of similar orthodox Jew ish conviction will be deprived of the beneficial use of the Synagogue; and that the contemplated deviation to mixed seating “will deprive plaintiffs and the adhering members of the Congregation of their property rights in the syna gogue and its appurtenances.” In their prayer for relief the plaintiffs sought a declaration that the action in voting mixed seating was contrary to the doctrine and practice of orthodox Judaism and “constituted an illegal interference with the property rights of the plaintiffs;” “that the true Congregation of Congregation Beth Tefilas Moses are the plaintiffs” and other members of similar orthodox conviction; and that in order to protect the plaintiffs’ property rights, the defendants be enjoined from permitting mixed seating. The amended answer of the defendants denies that the Congregation is 1 ‘orthodox’ in the true sense and meaning of the word” and that it “was

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JEWISH LIFE is pleased to publish herewith an abridgement of an historic legal document— the brief submitted to the Supreme Court of the State of Michigan on the Mount Clemens “ mixed seating” case by the Union of Orthodox Jewish Congregations of America and the Rabbinical Council of America as amici curiae in support of the plaintiffs. The brief was prepared by Samuel Lawrence Brennglass, eminent attorney who is national vice-president of the Union of Orthodox Jewish Congregations of America and chairman of its Communal Relations Commission. It is viewed by legal experts as a masterpiece of research and presentation on church law. On June 5, 1959 (28 lyar, 5719) the Michigan Supreme Court announced a decision unanimously upholding the plea of the plaintiffs in the case, headed by Baruch Litvin, opposing a projected change from separate to mixed seating of men and women at religious services at Congregation Beth Tefilas Moses, Mount Clemens, Michigan. The ruling, reversing a previous decision of a lower court, held that the historic character of a synagogue may not be changed by vote, that evidence proved that mixed seating violates Jewish law and synagogue sanctity, and that members' religious and property rights would be infringed by the projected change. This decision, which was based on the brief prepared by Mr. Brennglass, is of profound moral, legal, and historic import (see editorial in this issue). In the abridgement of the brief, various passages of technical legal nature, and references to the pages in the Court Record, have been omitted, as also citations of judicial authorities except where deemed appropriate for non-technical understanding.

formed and dedicated as a place of worship of an ‘orthodox’ Jewish Congre gation.” The defendants “admit that the ‘Halachah,’ the ‘Talmud,’ and the ‘Torah’ represent the authoritative bodies of law within the Jewish religion, * * * and accordingly leave plaintiffs to their proofs thereof.” It is most significant that the defendants at the trial refused to crossexamine the witnesses appearing in behalf of the plaintiffs or to produce proofs in support of their answer. In such state of the record the plaintiffs’ allegations must be deemed conclusively established. Accordingly, the defendants’ sole per missible reliance is upon their motion to dismiss, renewed at the conclusion of the trial, which is based upon the erroneous grounds that the Court is without jurisdiction and that the introduction of mixed seating constitutes no radical and fundamental change in the doctrine and dogma of the Congregation Beth Tefilas Moses. The Court below based its decision solely upon the former ground. In essence, this case presents the issue whether a Jewish Congregation, founded upon the Halachic principles of orthodox Judaism, may, through the action of a transient majority, alter its dogma and deviate from such principles, through the introduction of a radical change, in this instance, mixed seating. We respectfully submit that the decisions of this Court, with which the over whelming weight of authority in other jurisdiction is in accord, mandate a negative answer with a resultant reversal of the decree appealed from.

I. Congregation Beth Tefilas Moses o f Mt. Clem ens Was Founded as an O rthodox Jewish Congregation and Its Property Dedicated" to the D octrines o f O rthodox Judaism . OTH the defendants and the Court below advert to the fact that the word “orthodox” does not expressly appear in the Article of Association or the Constitutions of the Synagogue. The defendants would make the presence of this precise word the sovereign talisman as regards the original tenets of the Congregation and the intent of its founders. Its absence, they urge, is fatal to a conclusion that Beth Tefilas Moses was founded as an orthodox Jewish house of worship. The law happily rejects such narrow formalism and instead looks to any competent evidence proving the original tenets of the congregation and the intended use of its property, such as the constitution and by-laws, declarations of faith and practice, customs and usages in existence when the congregation was organized and the usages accepted by all prior to the controversy [citing authorities]. Manifestly, members of the judiciary, like other intelligent laymen, are frequently unfamiliar with the doctrines and dogmas of religious faiths other than their own. Indeed, mere generality of ideas concerning other faiths some times involves misconceptions . . . Nonetheless, in the settlement of the legion of intrachurch disputes over which the civil courts have accepted jurisdiction, the courts examine religious creed and dogma and resolve them in the same manner as other disputed questions of fact [citing authorities]. The record makes clear that the term “orthodox” as applied to a particular group within the Jewish faith is of comparatively recent origin. Originally, the word “Judaism” represented that which is now known as “orthodox Judaism” based upon literal Divine Revelation. It was only when departures from norma tive Judaism arose in the last century, that is, “Reform” and later “Conserva tive” Judaism, that the term “orthodox” was applied to that which had been originally called “Judaism.” “Orthodox” by definition means holding right, true, or correct opinion (Webster’s New International Dictionary [2d ed.]; Murray, New English Dictionary), and is meant to imply that this is the original his toric Judaism. Obviously, therefore, the use of the word “orthodox” is neither definitive nor essential as it is meant to distinguish it from the deviational Reform and Conservative movements. “Well, I would say that whenever the term Judaism or Jewish Religion is used without a qualifying adjective of recent vintage, it must refer to orthodox Judaism, as a matter of fact, we only use the term ‘orthodox’ because we have been forced in order to make it authentic to use it, other wise we would simply say Judaism or Jewish Religion.” [Citation from Court record.] We may note in passing that notwithstanding the defendants’ discursive comments concerning “what is Jewish and who is a Jew,” the fact remains that there are three major alignments in Jewry in the United States, namely, ortho dox, Conservative and Reform; that the difference between orthodox on the one hand and the other two groups is “a profound theological one, a qualitative one,” while the difference between Conservative and Reform is only “quantita-

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tive,” and that each group has a separate congregational association—for the orthodox, the present amicus curiae, the Union of Orthodox Jewish Congrega tions of America; for the Conservative, the United Synagogue of America, and for the Reform, the Union of American Hebrew Congregations. HERE there might be some doubt as to what were the original tenets of the Congregation and the intent of the founders, the courts will receive W any competent evidence shedding light thereon . . . As stated by Lord Eldon in the frequently quoted and approved case of Attorney General v. Pearson, 3 Merivale 353, 400, 36 Eng. Rep. 135, 150: “Where an institution exists for the purpose of religious worship, and it cannot be discovered from the deed declaring the trust what form or species of religious worship was intended, the Court can find no other means of deciding the question, than through the medium of an inquiry into what has been the usage of the congregation in respect to it; * * * I take it to be the duty of the Court to administer the trust in such a manner as best to establish the usage, considering it as a matter pf implied contract between the members of that congregation.” N the light of the criteria set forth in the preceding authorities, there cannot exist even a scintilla of a doubt that Congregation Beth Tefilas Moses was founded as an orthodox Jewish Congregation and its property dedicated to the doctrines of orthodox Judaism. The fact that the precise term “orthodox” does not expressly appear in the Articles of Association or the Constitutions of the Synagogue is, under the compelling circumstances described immediately below, immaterial. Examination of the 1918 Constitution (Plaintiffs’ Exhibit 3, 121 a-135a) demonstrates conclusively the orthodox character of the Congregation. The entire document is instinct with orthodoxy . . . The record shows that since the founding of the Congregation almost fifty years ago, the men and women did not sit together at religious services; the men sat in the main portion of the Synagogue, the women in the balcony. The Congregation has always been served by orthodox Rabbis. Accordingly, the constitutions, the contemporaneous usage, and the usage accepted by all prior to the controversy conclusively demonstrate the orthodox character of the Congregation Beth Tefilas Moses.

II. T he D octrines o f O rthodox Judaism P roscribe M ixed Seating and an Adherent o f Such Faith Cannot in C onscience W orship in a Syna gogue W here Such Practice Is Perm itted. HP O those unfamiliar with the dogmas and doctrines of faiths other than their -I- own, the materiality and significance of particular rituals and practices of such other religions may not be readily apparent. Thus, the introduction of instrumental music during religious services or of a changed attire of the clergy or worshippers at such services may signify a radical departure from cardinal principles of a faith. Pertinent is the observation of the Court in Landis* Appeal, 102 Pa. St. 467, 473, involving a schism among Mennonites: June, 1959

“The second Master in his report has said that the primary cause of the differences between these people had its origin in the cut of the Rev. Mr. Overholtzer’s coat. Undoubtedly such was the fact, for this new-fangled coat, when it first made its appearance in the conference, symbolized rebel lion; a change of principles, and it is not the first time that the cut or turn ing of a coat has signified something of much more importance than was apparent either in its style or texture.” While the defendants would treat the separation of the sexes at Divine worship as without doctrinal significance and the introduction of mixed seating as “at most a matter of church practice,” the proof is overwhelming (if not conclusive in view of the defendants’ failure to defend) that the separation of the sexes during Divine worship has been a cardinal principle and fundamental tenet of orthodox Judaism for over 3,000 years; that an adherent of this faith cannot in conscience worship in a Synagogue where mixed seating is permitted since such Temple lacks the necessary “Kedushah” or sanctity; that a follower of the Conservative or Reform movements may worship in an orthodox Syna gogue without violating his religious principles, and that the first visible distin guishing feature of the orthodox ritual vis-a-vis that of the Reform and Con servative movements is separate seating for men and women. The bases of this age-old proscription against mixed seating are set forth in the record,* and mention should be made that such prohibition does not in the slightest imply or suggest an inferiority of women in the Jewish religion— on the contrary, “the fact is that it bespeaks to the properly trained religious mind the glory and respect of Jewish women, womanhood.” That the separation of the sexes during Divine worship is a cardinal prin ciple and basic requirement of orthodox Judaism was recognized by the Superior Court of Pennsylvania, the statewide intermediate appellate court, in the recent case of Fisher v. Congregation B’nai Yitzhok, 111 Pa. Super. 359, 110 A. 2d 881. Fisher and the incontrovertible proof herein demonstrate that the introduction of mixed seating constitutes a radical and fundamental change in the Congregation’s theology, and not merely “shades of opinion on the same doctrine or dogma . . .” HE DEFENDANTS’ plaint that “certainly none will claim that the same worship and the same ritual previously used by a congregation become, by T the mere fact of mixed seating, un-Jewish or that the worshippers are no longer Jewish or are guilty of a diversion of church property,” assumes the premise that there are no differences of dogma and doctrine between orthodox Judaism on the one hand and the Conservative and Reform movements on the other, and that the separation of the sexes at Divine worship is without funda mental doctrinal significance. Since the proof demonstrates that the defendants’ assumption is unfounded, the inference drawn by them is clearly erroneous.

*All citations made in the Court Record are to be published, together with other relevant material, in a definitive volume on the Sanctity of the Synagogue now being prepared for fall publication under the editorship of Mr. Baruch Litvin, central figure in the Mt. Clemens case.

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III. T he M ajority o f a Congregation Cannot, as Against a Faithful M inority, Institute a Practice R adically and Fundam entally O pposed to the Characteristic D octrines to W hich the Congregational Property Is Dedicated. Y the overwhelming weight of authority, the courts will exercise their powers to protect a minority in a congregationally governed church, how ever regular the action or procedure of the majority may be in other respects, against a diversion of the society’s property to another denomination or to a group supporting doctrines fundamentally opposed to the characteristic doc trines of the society or disavowing the tenets and practices hitherto followed, even though the property is subject to no express and specific trust [citing authorities]. This Court has consistently adhered to the principle that those who adhere to the original fundamental tenets and doctrines, though a minority, are the true congregation; and that the church property may never be diverted from its intended use—use by the congregation for the benefit of those who still adhere to the faith and the customs and usages that existed prior to the dissention [citing authorities]. In the application of the governing principle, the protest of a single member is sufficient to prevent a diversion [citing authorities]. As against this overwhelming array of authority, the defendants rely prin cipally upon Katz v. Goldman, 33 Ohio App. 150, 168 N.E. 763, a 1929 deci sion by one of the nine district courts of appeal in Ohio. Because of the great reliance placed by the defendants upon Katz, careful analysis thereof is essential. At the outset it should be observed that procedurally the issues therein were disposed of on the basis of a motion for judgment on the pleadings, namely, the amended petition and the answer. No proof was presented by either side; no evidence such as was adduced at the trial of this suit was availed of by the court. Moreover, a coordinate branch of the same court had pre viously overruled a demurrer to the amended petition, thus indicating a differ ence of opinion (at 151 of 33 Ohio App., 168 N.E. at 764). Furthermore, Katz has never been cited in any reported Ohio decision. Further light upon the aberrant character of Katz v. Goldman is shed by Bakos v. Takach, supra, 14 Ohio App. 370, 32 O.C.A. 569, decided by the same district court of appeal a few years earlier . . . :

“A rule, which is established by the weight of authority, at least out side of Ohio, is, that the majority faction of an independent or congrega tional society, whether incorporated or not, however regular its action or procedure may be, cannot, as against a faithful minority, divert the property of the society to another denomination, or to the support of doctrines radi cally and fundamentally opposed to the characterise doctrines of the society, even though the property is subject to no express or specific trust. * * *”

One naturally wonders how the same tribunal even forgot to mention this rule in the Katz opinion! Furthermore, the rationale of Katz is opposed to the iater case of Kemp v. Lentz, supra'. . . June, 1959

“We think the law has very definitely determined that a church organi zation, even though congregationally controlled, may not affiliate itself with another denomination and transfer its property so long as a single member of such a church objects to its transfer of property. This principle is also' given application where a local church, while not changing its name or identity, yet departs from the church doctrines so that it can no longer be said that it is following the creed of the organized church.*9

HE BASIC infirmity of Katz v. Goldman is highlighted by the statement that “Certainly this court could not define Jewish orthodoxy and traditional Judaism except from the testimony of experts, and it is an inevitable fact that such an inquiry would result in multiplying dissension, instead of eliminating it.” The incontrovertible fact is that the use of expert testimony in this class of dispute is standard procedure . . . As to the solicitude expressed in the latter part of the quoted sentence from Katz, supra, we may observe that an attitude of judicial non-intervention in this suitation concretizes the might of the numerical majority as the legal right.

IV. T he Civil Courts Have Jurisdiction to D eterm ine the Issues Presented. HE principle is firmly established that while courts are reluctant to take cognizance of the purely ecclesiastical affairs of religious societies, inde pendent or otherwise, in suits between contending factions they will assume jurisdiction to determine such issues as which group is entitled to the use and control of the church property [citing authorities]. The bill of complaint which was occasioned by the defendants’ announced intention to introduce mixed seating beginning with the High Holy Days services in the fall of 1955, alleged that the contemplated action of the defendants would force the plaintiffs to leave the Synagogue and worship in one (neces sarily outside of Mt. Clemens) which possessed the essential “kedushah” or congressional sanctity. The evidence fully supports such allegations. In other words, the action of the defendants would bar the plaintiffs from the use of the Synagogue just as effectively as a forced eviction or a changed lock would. Under the circumstances, it is obvious that the real dispute in this case involves the ultimate issue, which group has the right to the use, enjoyment, and control of the congregational property. Thé resolution of this issue neces sarily involves civil and property rights as does the plaintiffs’ request in their prayer for relief that “the true Congregation of Congregation Beth Tefilas Moses are the plaintiffs and those who adhere to the established tradition and practice of orthodox Judaism as recognized by the Congregation prior to the vote aforesaid.” Moreover, as this Court observed in the leading case of puchs v. Meisel, supra, 102 Mich. 357, which was cited recently in First Protestant Reformed Church v. DeWolf, 344 Mich. 624, 633, the issue may be one of control and use rather than ownership . . . Apart from the considerations discussed above, aixother basis exists to satisfy any jurisdictional requirement, to wit, the plaintiffs’ membership in Con-

JEWISH LIFE

gregation Beth Tefilas Moses. Whether characterized as a traditional property right or a personal, civil right, the modern trend is to recognize such member ship as a right which the courts will protect [citing authorities].

CONCLUSION HE PROOF is incontrovertible that the Congregation Beth Tefilas Moses was founded as an orthodox Jewish Synagogue and its property dedicated to, and for almost 50 years used to further, the doctrines of orthodox Judaism. The separation of the sexes at Divine worship is a fundamental doctrine of this faith maintained in this Congregation since its founding, and an adherent there of cannot in conscience worship in a Synagogue where mixed seating is per mitted. Under established principles of law the rights of the plaintiffs to the continuance of the Synagogue as an orthodox Jewish house of worship will be protected by the courts.

RELIEF SOUGHT The Decree of Dismissal entered by the lower court should be reversed and a Decree granting the relief prayed for in the Bill of Complaint should be ordered. Respectfully submitted, SAMUEL LAWRENCE BRENNGLASS, Attorney for Amici Curiae, 103 Park Avenue, New York, New York. Dated: December 19, 1958.

June, 1959

Hashkofah The Concept of Independence By SAMSON R. WEISS

And there we saw giants, the sons of Anak— and we were in our eyes like locusts and so we were in their eyes. (Bemidbar 13:33) They said, “and we were in our eyes like locusts.” Spoke the Holy One, blessed be He: This I forgave them; but their saying “and so we were in their eyes,” this I resented. (Midrash Rabbah Bemidbar, 16,8) O BE m’kadesh Hashem, to be a testimony to the Almighty by the example of our national existence and individual lives and to evoke in men His awe and love by the impact of our being, is the supreme fulfillment of our role among the nations. Con versely, to avoid what may sully the imprint of our spirit upon others is one of the paramount maxims of Jew ish conduct. The Halochah enjoins us from many actions which, though legally proper, may evoke the im pression of callousness, of human dis regard, or of a lack of piety. From Sinai on, it has been the Jewish aspira tion to manifest the wisdom and ver acity of Torah by the nobility of our conduct and the loftiness of our moti vations. Our endeavor to spread the knowl edge of the Ahnighty among all men

and to win them to the acceptance of His sovereignty, is conditioned upon the preservation of the purity of our faith. To add to the laws of the Torah or to diminish from them in order to gain the favor and the ap proval of others, is clearly contra dictory to Israel’s Divine mandate. We cannot entertain the proposal to change our ways and our thinking, our pattern of existence and our val ues, to become more acceptable to others. We have no right to modify Torah or to dilute its standards in order to find a more ready market for it. Part of the Jewish courage has always been to cling stubbornly to the Divine precepts and their performance, regardless of the contempt and the ridicule which so often have been our lot. To sacrifice value for the sake of applause and virtue for the pur chase of social acceptability, is the root of all assimilation and tantamount to spiritual slavery. T has been the historic experience of the Jewish people that all at tempts to win acceptance by the sacrifice of Jewish substance have been singularly unsuccessful. The fleet ing applause was always rapidly re placed by painful disregard. Any ap parent equality attained by tossing overboard the tenets and observances

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a i

which set us apart from others, had and in the Almighty. Yet, we always to be shored-up and fed by continu emerged from the abyss of desolation ous further cancellations of Jewish and recovered our faith. In repent ideas and practices. In the end, when ance, we cried out to the Almighty, there was no longer anything left to “Remember Thou that we are but give up, the initial rejection was pain dust.” And we were forgiven. fully reimposed. But then, there was But whenever we accepted the opin no inner strength left to endure it io n of others as the measuring rod of with dignity. our value and as the decisive weight No other lesson of Jewish history on the scales of our decision, we be has been repeated so often and in came lost. “And so we were in their such unequivocal clarity. We were al eyes” — this is the unforgivable na ways forced by the outside world to tional sin, for it makes senseless our recognize that acceptance is never redemption and by its inherent denial bought by compromise nor equality by of the purpose of freedom nullifies the the flight from Jewish identity. Those intent of independence. Denuding us who throughout the ages maintained of our inner sovereignty, it makes us their Jewish loyalty were upheld in unworthy of a country and a state their contention, which was to be hood of our own. The generation which come the basis of the democratic ideal, accepted an external estimate as de that there is no meaning to equality cisive for a Jewish resolution, had to unless it is predicated on the right to perish in the desert and was not al be different and that social acceptance lowed to cross the border and to estab is a sham and an indignity unless it lish itself in the Promised Land. Ever is expressive of the desire to add the since, destruction and exile have been specific Jewish cognition and way of linked to this approach and the tears life to the living experience of hu shed in that fateful hour of weakness manity. The Jewish people still waits became a “weeping for generations”. for mankind to reach the maturity of ETWEEN the banks of our faith such admittance. in the Almighty and our loyalty RIGHTENED by the powers bent to His Torah flows the river of true on our destruction, our people Jewish independence. For centuries have often sunk into the depths of and millenia it has flowed through despair. Small and weak among the the desert of human isolation without nations, the object of their unrelent being deterred from its course. We are ing hatred and scorn, we have experi the keepers of the Covenant. We hold enced the agonies of hopelessness and the promise that from its waters will fear. “We were in our eyes as locusts” come purification and spiritual nour — we became lowly in our own eyes ishment for the entire world, even and lost the confidence in our future “today, if we but listen to His voice.”

June, 1959

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Religious Progress in South Africa By LOUIS I. RABINOWITZ

Jo h a n n e s b u r g

OME years ago a lady member of the Great Synagogue of Jo hannesburg, where I have my official seat, telephoned me and spoke to me with an anger in her voice which seemed out of all proportion to the cause of her complaint. As part of a movement to invest the Bar Mitzvah ceremony with some trapping of out ward dignity, we had requested that in future Bar Mitzvah boys should wear hats instead of yarmulkes when they were called up. Incidentally, she was a very wealthy woman, but that did not prevent her from protesting vigorously against the waste of money involved, and when I expressed my surprise at her making such a fuss over such a small amount, she re plied, “Why should I have to be put to the expense of buying a hat for my son, when he will wear it only once in his lifetime!” For South Africa vies with Cali fornia as the land of eternal sun shine, and to go with “gilui rash” is almost part of the distinctive national dress of South Africa. It is, or was, commonplace to see young men, and not-so-young men, approach the Synagogue bareheaded, and at the en trance extract yarmulkes from their pockets and donning them, enter the place of worship. So common and widespread is this phenomenon that many do not even take this precaution

but expect the Synagogue to provide them with the necessary headgear and are quite indignant when they are told, as sometimes happens, that none is available. That little incident came back to my mind as I was walking to Syna gogue on a recent Sabbath and in front of me I espied a tall young man striding along and distinguished by the fact that on his head was perched a white silk yarmulke. But it was a matter for comment only because its color made it particularly notice able. For he who walks through the streets of Johannesburg today will see a phenomenon which was entirely lacking previously. It is the phenome non of young men who go about in the streets completely unconcernedly wearing yarmulkes in the streets, in the cinemas, riding past on motor bi cycles. These young men and boys belong mostly to the Bnei Akiva movement; they have made it almost into a slogan, “Wear your yarmulkes with pride,” and they are the symp tom and symbol of a religious revival which is taking place particularly among the youth of South Africa. OUTH AFRICAN Jewry has a strange complexion when its or thodox status is considered. It is guilty of an ambivalence which I have expressed in the following ex-

JEWISH LIFE

tract from one of my published ser mons.* “We call ourselves an ortho dox Jewish community, in other words one which still adheres to the old traditional paths of Judaism; and in one respect this claim can be substan tiated . . . Our Synagogue service is still strictly traditional in form and content: our order of service follows undeviatingly that superb liturgy whose foundation belong to the men of the Great Synagogue over 2000 years ago, and which has been suc cessfully developed through the ages to include the additions, on this Fri day night, of L’chu Neranenah and L’cha Dodi from the cabbalists of Safed in the sixteenth century. Retention of Hebrew as the sole language of prayer . . . and the retention of the Ladies’ Gallery. To this extent we can claim to be an orthodox community. “But Judaism is more than a ‘reli gion,’ more than a mere way of ap proach to G-d in prayer and suppli cation and thanksgiving. It is a creed and a way of life and it demands the sanctification of life outside the walls of the Synagogue. It demands ‘kedushah’ and the distinction between what is pure and what is impure in every one of the variegated aspects of daily life . . . the orthodox Jew is one who differentiates between what is pure and what is impure not only ‘when they came into the tabernacle of testi mony’ but in every simple act of the common day. “If we apply that test as a criterion of our orthodox Jewish lives, it would be difficult to substantiate the claim that we are an orthodox community. . . . I ask one question. To what ex tent will the rest of this Sabbath, and the rest of this week, reflect the sanc“ Sparks from the A nvil5 June, 1959

tity, the purity, and the Jewishness of this service. For it is thereby that the standards of our Jewish life can alone be gauged.” NTIL the phenomenon upon which I shall elaborate, the im provements in the religious life of the community, undoubted and substantial though they have been, were to a large extent conditioned by this ambi valent attitude towards Jewish obser vance. By and large they have been confined to the retention and improve ment of the orthodox character of the services, and the improvement of Jewish observance on a public and communal plane. As an example of the former, shortly after I came to Johannesburg I was instrumental in abolishing the mixed choir which I found to my dismay to exist in one of the Synagogues under my jurisdic tion, and shortly afterwards in insti tuting “duchening” which had never been practiced in the synagogues of the United Hebrew Congregation. The most striking example of the latter activity is the complete revolution which has taken place with regard to the public observance of Kashruth. I was horrified, on my arrival in this country, to find that there was literally no provision at all for kosher cater ing. The functions in connection with the celebration of Bar Mitzvahs and weddings even when they took place in Synagogue halls, were t’refah and naturally the same applied to public banquets. For two years I rigidly re fused to attend any of these functions, until at last I prevailed. The old situation is now but an un pleasant memory of an unhappy past. Without exception all such functions are now kosher under the supervision of the Beth Din. Birchath Hamozon

and, at weddings, Sheva B’rochoth are recited as a matter of course, and so on. UT all these improvements, grati fying though they might appear as an outward manifestation of public adherance to orthodox standards did little if anything to grapple with the fundamental question of indivi dual observance. The public obser vance of the Sabbath did not involve its individual observance; that a young couple celebrated their wedding with a kosher function did not imply that their home would be kosher or that they would observe it on their honey moon. The criticism contained in that evaluation of the orthodox nature of the community was still a valid one. It is only during the last years that the first gratifying and potent signs of a decisive and decided improve ment in standards of individual ob servance have become apparent and that orthodoxy is making progress in that direction. A veritable revolution, silent though it may be, is being mounted and gaining ground and the most exciting aspect of that revolution is that it has come, and is coming from the youth. The part which has been played in this activity by the B’nei Akiva movement is tremen dous. The yarmulkes in the streets to which reference has been made is but an outward sign of an observance of Judaism whose motto might well be: “Be a Jew both in thy tent and in thy going out.” They adhere to a Judaism which is wholly one of individual ob servance. Their Sabbath Minyon is almost a show-piece of modern Jewish life in Johannesburg, and they were the originators of what has now be come the Yeshivah College of South Africa which now has over thirty students.

of place is rightly given to IvivalFthispride movement, the religious re is by no means confined to them. The reclamation of youth to a Judaism which is infinitely fuller in content than that of their parents is taking place on a considerable gratifying^ scale. One rabbi bases his activities on the belief that “Talmud godol, shemevi li’dei ma’aseh” and concentrates upon shiurim, beginning with Chumosh and Rashi, proceeding to Mishnah and then to Gemora from groups ranging from post-Bar Mitzvah to young married couples. Another has instituted the Breakfast Minyon on Sundays and all days when there is no school; attached to the Great Synagogue is a newly built Youth Synagogue where the youths come in ever increasing numbers and conduct their own strictly orthodox services. In the King David School, a Jewish day school whose enrollment is now over 1,000, despite criticisms that the orthodox spirit is not as strong as it might be, school begins with service every morning at which both pupils and staff don tallith and tefillin. As a result of all these activities with the youth, parents are being sub jected to an increasing barrage of at tack by their children which impels many of them, mostly gladly though sometimes with reluctance, to return to the paths whence they have strayed with the result that probably at no time in the short history of the South African Jewish community has there been such a pulsating, live interest in orthodox Judaism and such an exten sive practice of it, as there is today. NOT wish to give a false impression that South African IJewryDO has now become a community of individually observant Jews. The ravages of Chillul Shabbath—which a JEWISH LIFE

distinguished rabbi of Johannesburg who has now passed away termed Bittul Shabbath—have made too great inroads in our religious life to be easily repaired. Individual observance of Kashruth in the homes, though in finitely better than it was, still leaves much to be desired. The conception of observance of Judaism as a matter of synagogue attendance is too wide spread. I do not make any exagger ated claims. But what I do maintain is that orthodox Judaism is on the incline and not on the decline, that it is no longer a “curiosity”, as it un

doubtedly was only a decade ago for a young man to be a Shomer Shab bath or for young married couples to keep kosher homes, as it has ceased to be a “curiosity” to see a boy sitting in a cinema in a yarmulke. Orthodox Judaism has passed from the defen sive to the offensive and is daily gain ing ground. The auguries for the fu ture are favorable. The coming gen eration will be the exponents of a healthier and fuller Judaism than that which they have seen in their homes. Lo Alman Israel!

When the Rabbi was about to leave the kingdom of the Khazars to go to Jerusalem, the king asked him what h& could seek in a land from which the Shechinah (Divine Pre sence) had absented itself, whereas one could approach the Lord in any place with a pure heart and sincere desire. To which the Rabbi replied: "The Shechinah has absented itself, for it is revealed only to a Prophet or to a responsive com munity in a distinguished place, and that is what we yearn for when we say (Isaiah 52:8), Tor eye to eye shall they see, when the Lord returneth to Zion/ and when we say in our prayers, 'And may our eyes observe Thy return to Zion/ But the invisible and spiritual Shechinah is with every born Is raelite of true faith, virtuous deeds, pure heart, and pure soul before the Lord of Israel; and the land of Canaan is singled out by Him and no function can be complete and perfect ex cept in it. Many of our commandments do not apply to any one not living in the land of Israel. For the heart and the soul are not pure and unsullied except in the place which is known to be singled out by the Lord . . . this sacred place reminds and awakens men to love of the Almighty . . . for Jerusalem can be rebuilt only when the children of Israel yearn for it to such a degree that they embrace its very stones and dust/' "Hakuzari" by Yehuda Halevi

June, 1959

Don Isaac Abrabanel By MEYER WAXMAN

OR one reason or another, schol arship and leadership do not go together in our present day Jewish life. However, this was not always so. There was a time when Jews, scat tered as they were among the nations, and deprived of any form of govern ment, yet produced scholarly prime ministers, poetic diplomats, and philo sophic ministers of finance. There stretches for about half a millenium a line of illustrious Jews each of whom typifies in his generation the happy combination of great intellectual at tainment, and wide scholarship with leadership in the world of politics, government, or finance. This remark able phenomenon took place, as is well known, in Spanish Jewry, beginning with the so-called Golden Age and ending with the expulsion. Chasdai Ibn Shapruth opens that line of il lumination and Don Isaac Abrabanel closes it. Yet distinguished as Abrabanel was in the fields of diplomatic and finan cial activity, it is not his efforts in these fields which made him one of the landmarks in the history of Jewish life and culture. This is primarily due to his spiritual and intellectual con tribution in important branches of Jewish literature, especially in that of Biblical exegesis and Jewish philos ophy.

Isaac ben Yehudah Abrabanel was born in the year 1437 in Lisbon, Por tugal, whither his father had escaped after the persecution in Spain in the year 1391. He received a thorough Jewish and secular education, mas tering besides Spanish, Portuguese, and Hebrew, also Latin, and was well read in philosophical and theological literature as well as in the scientific works of his day. He was especially versed in history and political science. We do not know exactly who his teachers were in the Jewish subjects, but it seems that among them was Rabbi Joseph Hivan, a well known Jewish scholar in Portugal, who dis tinguished himself as a Biblical exegete, and wrote commentaries on the Book of Jeremiah and the Psalms. It was he who inspired Don Isaac with love for the Bible and prepared him for his great work in the field. Hav ing become known as a financier and diplomat, he was appointed by King Alfonso of Portugal as the manager of his financial affairs. In Lisbon Abrabanel also began his literary activity by undertaking to write a commentary on the Chumosh, beginning with the Book of Devorim. But when King Joao succeeded to his father’s throne, Abrabanel together with other friends of Alfonso fell into disfavor and he was forced to flee for JEWISH LIFE

his life. Escaping into Spain, he set tled in 1843 in Toledo, where he was received with honor by the Jewish community. For a few years he lived as a private citizen devoting himself to literary activity. In a very short time he completed his commentary on the Books of Joshua, Judges, Samuel, and Kings. However, he was soon called by Ferdinand and Isabella, king and queen of Spain, to State service in which he was engaged until the expulsion of the Jews in 1492. After the expulsion of the Jews from Spain, Don Isaac settled for a while in Naples where he was again pressed into State service, but soon was forced to flee together with the King of Naples to Sicily. At Messina, whither he accompanied the king, he began his commentary on Isaiah, but

interrupted his work when he discov ered at Corfu the lost manuscript of his commentary on Devorim, which he had begun in his youth, and de voted himself to its completion. Mov ing to Monopoli, a small town near Naples, he spent eight years there and completed his commentaries on Isaiah and Daniel besides writing other works. The last years of Abarbanel’s life were spent in Venice where, though he was called from time to time by the Senate of the Republic to serve as counsellor in treaty mak ing with various governments, he dis played great literary activity. There he wrote commentaries on the first four books of the Pentateuch and on the Books of Jeremiah, Ezekiel, and the later Prophets. He died in 1509.

Contribution

HE literary contribution of Isaac Abrabanel is expressed in twentyfour works, thirteen of which cover his commentaries on the Pentateuch and the Prophets, while the others deal with various philosophic subjects including a commentary on Maimonides’ “Guide of the Perplexed” as well as several books dealing with the Messianic redemption. His fame, however, rests primarily on his Bib lical commentary. In order to evaluate the lasting con tribution of Don Isaac, it is necessary to say a few words about his per sonality. It was a colorful one pre senting various facets, and frequently also contrasts. At times he does not hesitate to contradict the views of great authorities, not sparing even Maimonides, whom he revered great-

June, 1959

ly, while yet, a zealous believer in tradition, he will go to all lengths to accept an Agadic statement of the Rabbis. This double aspect of his per sonality can to a large extent be ex plained by the spirit dominant in Spanish Jewry during the 15th cen tury. During this century the Church spent much effort in attacks upon Judaism. Many were the public re ligious debates held during the time, and many polemic works were written by Christian scholars. The spiritual campaign brought about sad results, for a number of leading personalities in Jewish communities, whose loyalty to Judaism was weakened, yielded to conversion. These events aroused a vigorous re action in Spanish Jewry. On the one hand a large number of books were 39

written aiming to defend Judaism and base its superiority to Christianity upon proofs taken from science and philosophy, and on the other hand, there arose a strong opposition on the part of some scholars to philosophy in general. This opposition, in turn, brought an attempt by scholars trained in philosophic studies to defend its cultivation. The result was a compro mise. These thinkers agreed that phi losophy may contribute to a better and clearer understanding of the prin ciples of Judaism. But they also held that there are aspects of religion in which philosophy has no entrance and we have to rely entirely on tradition. T WAS in this state of spiritual tendencies that Don Isaac was trained and he took it upon himself to evolve a view for the strengthening of loyalty to Judaism in which the vari ous tendencies would unite. The cen tral purpose in his literary activity was to guard the belief in fundamental principles and dogmas; in other words, to turn it into a strong belief em bedded in the heart which results in cheerful acceptance of the yoke of Judaism and strengthens the will to suffer for its sake. He stresses reli gious practice as well as belief in the words of the Rabbis. Yet, he recog nizes a distinction between belief in the fundamental tenets and concepts

of Judaism and general Aggadic remarks of the Rabbis when they en deavor to explain a Biblical passage or an event. Such explanations, if they happen to oppose reason or science, one may accept or not accept, but concerning fundamental beliefs of Ju daism there is no compromise and no reliance on reason. As an added factor in -the evalua tion o f his work there comes, as men tioned, his wide knowledge of general philosophy and theology and ancillary branches, such as history and Biblical commentation by Christian scholars. He accepted whatever was good in their method, such as paying attention to the historical and literary phases of the Bible. But he was careful to noté the underlying intention of this com mentation which aimed to emphasize difficulties and contradictions in order to minimize the sanctity of the Torah. He undertook to comment the Bible in order to bring out its sanctity in full by displaying its great light and by elucidating the meaning of obscure passages, in which work he was helped to an extent by the works of earlier commentators, such as Ibn Ezra and Gersonides. This short survey will en able us to understand the contrary aspects of his work as well as their method and great value, especially his principal contribution, the Biblical commentary.

Method

S commentator, Abrabanel be longs to the class of Nachmanides and Gersonides who dwelt more on presenting the general content of the Bible, its principal views and moral teaching, rather than in giving the Peshat, the simple meaning of the

text, in detail. He neglected this phase to a great degree, saying that he can rely in this matter on his predecessors. His commentary is therefore primarily a philosophic-theological, ethical, and to a degree an historical explanation of the Bible. But as exegesis of the JEWISH LIFE

Bible in a wider meaning, his expo sition is a great contribution in offer ing to Jews and non-Jews a better understanding of the teachings and the moral value of the Bible. Abrabanel introduced a modern note in exegesis by prefixing to each book, with the exception of the Book of Bemidbor which has only a short preface, a lengthy introduction in which he carefully analyzes its pur pose and content. In the introduction to the historical books he adds also discussions of authorship, time of composition, and chronology. In those to the later Prophetic books he de scribes also the character of each Prophet and his style. The introduc tions thus throw much light upon many knotty questions in the Bible. Likewise is his method novel in deal ing with the text proper. It can be called the problematic one, for his aim was, as mentioned, to elucidate the meaning of difficult passages in the Bible, and he deemed it best to point them out and endeavor to re move them. He therefore prefaces each section in the books with a num ber of difficulties and then interprets them in such a manner as to gradually solve all problems. The two-sidedness in his personality, mentioned above, as well as his en deavor to unite reason with religion, whenever the essential character of the latter is not affected, is greatly reflected in the commentary. On the whole it can be said that he is con servative in his explanations and de fends the traditional view of events. He criticizes severely Gersonides (Ralbag)), Ibn Kasp, and others who attempted to rationalize all evident supernatural events in the Bible and rebukes even Maimonides. He accepts Maimonides’ view of sacrifices as be ing a means to wean the Jews away June, 1959

from idol worship, but is not satis fied with it entirely and attaches to it greater importance by being also a means of arousing remorse in the heart of the sinner. On the other hand he differs in many statements of his ex planation from views in the Talmud about some matters. E will cite a few such differ ences. First in regard to the time of the composition of several Biblical books. The Talmud (Bova Bathra, 14b) ascribes the composi tion of the Book of Joshua to Joshua himself, and that of the Books of Judges and both Books of Samuel to Samuel. The question is asked then how could Samuel have written both books bearing his name? Is it not stated twice in the Book of I Samuel (25:1; 28:3) that Samuel died? The answer is given that they were com pleted by Gad the seer and Nathan the prophet. Don Isaac accepts only the Talmudic view about the Book of Judges by pointing out that the war mentioned in Joshua 19:47 took place according to Judges 17 at the end of the period of Judges, and in addi tion the expression “until this day” is frequently repeated in the book, which shows that the “day” referred to was later than Joshua. Accordingly he assigns its composition to Samuel. Similarly, the Books of Samuel con tain many statements and expressions which bear evidence not only to dates later than Samuel but also later than David. He therefore claims that the Samuel books consisted originally of small collections of historical events written by Samuel, Gad, and Nathan, but were later edited by Jeremiah who, as the Talmud states, wrote the books of Kings and it was he who added all verses and expressions which bear marks of later date.

In a very ingenious manner he ex plains the story of the building of the Tower of Babel and the resulting con fusion of languages, which offers much difficulty, inasmuch as their sin for which the confusion of language is a punishment is not stated. The ex planation cited in the Talmud (San hedrin 109) is that the people planned to ascend to heaven and war against G-d. Don Isaac, however, says that the story refers to a change by the people from a simple life, pastoral or agricultural, to urban life with its high buildings and numerous industries. Such a life, avers he, required divers ity in occupation, which in turn re sulted in differences in linguistic terms and also in quarrels which caused dispersion on the face of the earth. The descent of G-d referred to in the Bible, is in his opinion, only a meta phorical expression for His foresight of what will happen to man as a result of a new mode of life. F interest is his view of the gov ernment of a State expressed in his comments on Devorim 17:14-20 and I Samuel, 16, in which he claims that the appointment or election of a king as the head of the government is not a precept (a Mitzvah), though the Talmud calls it so. He attempts to prove historically that a republican government is on the whole more beneficial to the people and points to the success of the various Italian gov ernments at the time, especially that of Venice. The statement of the Bible (Devorim 17:14-17) expresses merely a foresight of what will happen. In fact, it is stated so: “And thou shalt say I will set a king over me.” He argues in general that a king is no special necessity for the Jewish peo ple, for the main functions of a king are to lead in war and to set the

law. But, says he, we trust in G-d for victory in war and have the Torah, the Divine Law. In all these devia tions there is no forced rationalization which may oppose traditional view, but on the contrary they clarify events and remove difficulties. HE keen eye of Don Isaac noted every change in the language of the Bible which may lead to false understanding. Such a change is the two different uses in the name of G-d — Elokim in the first chapter, and then the Tetragrammaton, the Shem Havayah, alone. These different uses, which became in modern times the basis of Biblical criticism positing dif ferent documents in the Torah written by different authors, are ably ex plained by Don Isaac. He says the name Elokim denotes G-d as acting Power, while the Tetragrammaton de noted G-d as a Being who conceives all that is in existence. Therefore, in the first chapter, which speaks of the power of Creation in general, only the first Divine name is used; in the next two chapters, when man comes on the scene in relation to G-d, both Divine names are used to indicate the spiritual phase of Creation as evident in man, as well as Creation in general; when the subject is the providence of G-d, the source of which is G-d’s allembracing thought, the Tetragramma ton alone is employed. Abrabanel devotes much effort to pointing out the beauty of the Bible and the lofty poetic quality of many of its passages, and in his introduction to the commentary on the Song of the Crossing of the Red Sea (Oz Yoshir) he discusses at length the types of Biblical poetry. Nor does he neglect to indicate the logical connec tion in the sections of the Bible and offers a number of ingenious explana-

JEWISH LIFE

tions for their sequence in which he often preceded modern Biblical exe gesis. Thus, he points out that chapters 21-24 of Shemoth (Parshath Mishpotim) which contain a summary of the most important Mosaic laws, are an extended explanation of the Ten Commandments which precede them, namely a detailed statement of the particulars included in the general commandments. Similar explanations are used in his commentary. Taking into consideration all these

qualities there is no wonder that his commentary greatly impressed not only the Jews but also the non-Jews. More than thirty Christian scholars during the 16th and 17th centuries, among them the famous two Buxtorffs, devoted much time to the study of Don Isaac’s exegetical writings which they translated into Latin completely, or in condensed form. Even the early Hebrew editions of his commentary appeared with Latin introductions by leading Christian scholars.

Philosophy

A S mentioned, Abrabanel wrote six philosophical works, including a commentary on Maimonides’ “Guide of the Perplexed”, which deal with various phases of religious philosophy. On the whole, he cannot be con sidered as an original philosopher, but more as a commentator on the works of his predecessors, especially that of Maimonides. Still we do find in his philosophical views scattered in the special works as well as in his com mentary flashes of original thought which throw light on knotty philo sophical problems. It can be said generally that in his philosophical works he is first a be liever and then a philosopher, for the subjects he discusses affect prin ciples of faith, and in such matters, as mentioned, he holds that there is no compromise and tradition takes precedence. He, of course, admits that it is our duty to understand and con ceive the principles of our faith philosophically, but when philosophy clashes with religion he forsakes the former for the sake of the latter. He therefore differs with Maimoni June, 1959

des and partly follows Chasdai Ibn Crescas in the questions of Divine providence, prophecy, and miracles. He rejects the theory of the rational ists that providence is graded accord ing to the degree of intellectuality of the recipient and that the higher a man is in the scale of intellectuality, the greater is the special providence accorded to him. According to Abra banel, only the people of Israel as a whole is under the direct providence of G-d. As for the individuals of the people, providence is not dependent upon the degree of intellectuality, but is primarily an act of grace by G-d. He likewise rejects the rationalist theory of prophecy according to which one must possess a high degree of reasoning, a powerful imagination, and purity of morals as prerequisites to receiving the gift of prophecy. He claims that prophecy is a direct influ ence from G-d and not, as Maimoni des asserted, through the mediacy of the universal active intellect. This in fluence illuminates the mind of the recipient without any preliminary preparation of intellectuality and 43

strength of imagination. The only pre requisite of the prophet is purity of morals. Abrabanel is also against the theory of the rationalists who try to explain miracles by saying that G-d had placed at Creation, in the very nature of things, a special power that at certain times such events should occur. He is in accord with Nachmanides that G-d at His will can interfere in the order

of nature and cause the miracles to happen. Probably the most important of his philosophico-theological works is the Rosh Amanah (The Foundation of Belief) dealing with dogmatics. The main value of the book lies in Abrabanel’s lucid exposition of the whole subject of dogmatics as it was devel oped from Maimonides to his owii day.

Messianism

f \ O N ISAAC also wrote three books dealing with the question of redemption and the character of the Messianic period. These are Mayaney Yeshua (Fountains of Salvation), Mashmiya Yeshua (Announcement of Salvation), and Yeshuath Meshicho (The Salvation of His Annointed One). He was moved to write these works by the events of his times, the expulsion from Spain and its resulting tribulations. Fearing lest the Jews, due to great suffering, might cease to believe in Redemption, he resolves to encourage them through these works in which he showed by interpretation of passages of the Book of Daniel that Redemption is near. He devotes much space in all these books to the refu tation of the Christian comments on many Biblical passages which aim to strengthen their belief in their own messiah. He also interprets many Talmudic and Midrashic passages deal ing with the Messiah and his arrival

endeavoring to prove that redemption is near. Abarbanel likewise develops his con ception of the Messianic period which, he says, will raise not only the Jews but all mankind to the height of spiritual perfection. These books ex erted great influence in his time and the subsequent period, for it en couraged the Jews, especially the Sephardic exiles, to bear their suffer ing with equanimity and strengthened their loyalty to Judaism. It was also a factor in the Messianic movements which took place in the sixteenth and seventeenth centuries. Much gold passed through the hands of Don Isaac when he man aged the financial affairs of kings and princes, but it was of little use to him and to his people. Yet the gold of his spirit and intellect was safely de posited in the spiritual treasury of his people and enriched its life and thought.

JEWISH LIFE

The Study of Jewish History By H. RABINOWICZ

r p H E TENDENCY to neglect the JL study of Jewish history is appar ently a legacy from the past. In Eastern Europe, where talmidey chachomim found “life and length of days” in the contemplation of the Talmud and Codes, history, apart from historical references scattered through the “sea of the Talmud”, and quasi-historical works, was gen erally treated as a secular subject. History had no place in the Yeshivah curriculum. Take the average pupil of the Hebrew school—the Hebrew and Re ligion classes as we designate them in England. To him “our heroic his tory”, as Menasseh ben Israel calls it, begins with Abraham and ends with Nebuchadnezzar, just as Jewish lit erature commences with the Akedah and concludes with the Amidah. Whole centuries of the past remain a closed book to him; his curiosity cannot be satisfied^ because it has never been aroused. It is more than a jest when a boy in reply to a teacher’s question as to who destroyed the walls of Jericho, retorted in all sincerity, “It was not I, Sir”. Were it not for Bar Mitzvah pres ents and prizes awarded at Hebrew Classes for “excellent progress,” or “proficient reading” few history books would grace the bookshelves in a Jewish home. No wonder Yechiel Heilprin (ca. 1660-1746), author of Seder ha-Doroth, laments that if “ope were to assert that Haman lived be June, 1959

fore Heman and Calcul (sages whom King Solomon excelled in wisdom) he would be believed”. Few are able to give an intelligent account of the fortunes of Israel, whose history spans the centuries and in whose fabric is woven the tales of heroism, of con flict and catastrophe, unique among the nations. The Torah, however, enjoins us to remember this day upon which ye went out of the land of Egypt, out of the house of bondage; for by the strength of hand the Lord brought you out from this place. According to the Sages, the Almighty revealed to Moses the complete history of Israel. Commenting on the verse; And the Lord showed him all the land, even Gilead as far as Dan (Devorim 34:1) the Sifri states that Moses was given a “prophetic vision of the main episodes in the future history of Israel; so that he saw Samson and Gideon, Deborah and David, taking up his unfinished task of leadership and was vouchsafed a vision of all that would happen unto Israel till the Judgment Day.” In his farewell song, Moses himself says: Remember the days of old. Consider the years of many gen erations; Ask thy father, and he will declare unto thee, thine elders and they will tell thfye. (frevorim 32:7) r p H E BIBLE, apart from being the Divine repository of morality and religiop, is a history book par excel lence. It neither glosses over nor 45

whitewashes the failings or shortcom ings of its characters. It is concerned with men and women as they are; and therefore with sin and sanctity, folly and wisdom and their consequences. “The Hebrews*” writes J. P. Hyatt in his study of prophetic religion, “were the first people in the Ancient World to have a sense of history. They were the first people to conceive of G-d as a G-d of history, manifesting Himself on the stage of time and controlling the destiny of men and nations. The Hebrews affirmed the reality and im portance of time. To them it was not an illusion, something from which others must escape, but something which must be redeemed.” Life to the Jew has a purpose and meaning. His tory is a process of cause and effect. In the words of Macmurray: “Jewish reflection thinks history as the act of G-d. Where our historians say, ‘Ceasar crossed the Rubicon’, or ‘Nelson won the Battle of Trafalgar’, the Jewish historian says, ‘G-d brought His peo ple out of the Land of Egypt’. From Bereshith to Malachi the Bible is per meated with a sense of justice, that it will eventually be well with the right eous and that the way of the wicked shall perish. The books of the Apocrypha sur vive from Jewish writings of the Sec ond Temple period and the subse quent decades. Apart from the value of these writings “for example of life and instruction of manners”, they are valuable historical documents, parti cularly the historical books of Mac cabees I and II. These present an ob jective and sober account of the struggle, led by the Hasmonean family, for religious and civil freedom. The military triumphs of Yehudah the Maccabee and his brothers are graphi cally described and evoke the author’s 46

fervent admiration. Religiously the dominant feature is passionate zeal for the law, the Scriptures and the Temple. Joseph ben Mattathias (Flavius Josephus, 37-105 C.E.) produced four great works: The Jewish War, the Antiquities, the Life, and the Treatise Against Apion. Though he lacked the sober impartiality of a Thucydides, he is invaluable as a Jewish historian. He brings together all that he could find in Jewish and gentile sources about Jewish history from the Creation of the world to the destruction of the Second Temple. He is the only writer of the Ancient World who wrote a complete history of the post-Biblical period. The author thus atones for his questionable conduct during the tragic drama which culminated in the de struction of the Temple. His works were preserved by the Christian Church and apart from Azariah dei Rossi (1514-1578), author of “The Light of Eyes”, were hardly known and much less read by his own people. HROUGHOUT the Middle Ages right to the beginning of the last century very few historical works were forthcoming. There was the epistle of Sherira ben Chanina (b.ca. 909, d.ca. 1,000) Gaon of Pumbeditha, to the Jews of Kairwan, giving a his torical account of the origin of the Oral Law. A great favorite, too, was a book called Yossipon or Josippon, a history of the Jewish people from the return from Babylon to the de destruction of the Second Temple by Joseph Ben Gorion who flourished in the tenth or eleventh century. There were also a number of chronicles. The most famous of these chronicles were the Sefer Hakabbalah (Book of Tra dition) by Abraham Ibn Daud (1110-

JEWISH LIFE

1180) and the Sheveth Yehudah by Jehudah Ibn Verga. The attempted infiltration of the Chasidim into Vilna, the “holy of holies” of the Mithnagdim, was sacri lege to the Gaon Elijah of Vilna (1720-1797) and he devoted more than two decades of his life to a bitter battle against the upstart movement. Vilna was to become the “cordon sanitaire” of Rabbinism. The Gaon himself studied Hebrew grammar, mathematics, biology, and medicine. He even encouraged Baruch of Shklov to translate Euclid into Hebrew. The Gaon also wanted the works of Josephus translated into Hebrew, as he was of the opinion that they would be helpful to the study of the Talmud. Lithuania was saved from the Chasi dim but was not immune to the in fluences of the Haskalah which en deavored to create a supposed “syn thesis between the Jewish mode of life and thought and that of the modern world.” The high incidence of apos tasy among the Maskilim convinced the orthodox Jews that Haskalah rep resented a mortal threat to traditional Judaism and they were not prepared to meet the enemy halfway. Nachman Krochmal (1785-1840) was the first scholar to proclaim the importance of the historic factor in Judaism. His penetrating work Moreh Nebuch Haz’man (Guide to the Perplexed of the Time) combined historical re search and philosophic speculation. To counteract the trends of assimila tion Zechariah Frankel (1801-1875) founded the “positive historical school of Judaism” and a great impetus was given to historical studies. fT iH E great pioneer in Jewish hisJL toriography was Marcus Jost (1793-1860) whose history of the June, 1959

Jews from the time of the Maccabees until his own days, in nine volumes, was the first attempt by a Jew to give a comprehensive view of Jewish his tory in a European language. Though a contemporary of Niebuhr, Ranke, and Mommsen, Jost lacked the vision of the artist. He was a rationalist and skeptic and utterly failed to appreciate the spiritual aspects of Jewish history. The kulturgeschichte occupies a very small place in his history. He gave to Jewish history “undeniably heroic a dry Philistine character, despoiling it of the brightness with which it was endowed even in the eyes of the un prejudiced Christian observer.” Jost was superseded by the monu mental works of Heinrich Graetz (1817-1891). His great work, the Geschichte der Juden in eleven vol umes, of which the fourth volume was published in 1853 and the whole being concluded in 1876 has earned him the epithet of the “Jewish Gibbon”. Graetz was both an artist and artisan. Despite his love for “higher criticism” he could never forget the teachings of Rabbi Samson Raphael Hirsch (1808-1888) the leader of Jewish Orthodoxy in Germany. Graetz re garded the Reform movement as “mere mimicry and a fawning on Christianity”. He regarded Israel Jacobson (1768-1828), the religious and educational reformer, as “a mere poseur” (Gesch. XI 307). Graetz il luminated many an obscure period in his history but he was plainly grop ing in the dark when he dealt with the Chasidic movement that was mak ing such headway in his own lifetime. Graetz could revive the dead but could not assess the living. Few today would endorse his verdict that the “new sect, a daughter of darkness was born in gloom, and even today pro47

ceeds stealthily on its mysterious way.” Chasidism had to wait until the twentieth century to receive a realis tic valuation. Many historians and writers of this century, among them Martin Buber, S. A. Horodezky, Jacob S. Minkin, and Eliezer Steinman en tered the Pardes, the Garden of Chasi dism, and assigned the movement its honorable place in the chronicles of religious revivals. The last eighty years have seen a prodigious output on the subject of Jewish history. Solomon Schecter (1850-1915), Reader in Rabbinics, Cambridge University (later the presi dent of the Jewish Theological Semi nary in New York) discovered in 1896 in the Genizah in Cairo about 50,000 manuscripts which have illu minated many aspects of Jewish life. The elucidation of the cuneiform in scriptions, archaeological discoveries in Dura Europas, Bet Alpha, and Lachish have shed light on the histori cal background of the Biblical era. O Simon Dubnow, Jewish his tory was the history of literature and martyrdom and he himself on December 8, 1941 at the age of eighty-one was killed by the Nazis in Riga. In the words of Horodezky: “Simon Dubnow was the last bearer of the family standard, the last heir of the spirit that informed the family for centuries. Radically different from his forefathers, he nevertheless pos sessed many of their traits. The great love for the Jewish past, for the Jewish people as a whole and for each indivi dual, Simon Dubnow inherited from his great-great-grandfather Rabbi Jo seph-Yoske of Dubno. Like his fore father, Simon Dubnow too was a great ethical personality. He accepted completely the legacy of Rabbi Joseph-

Yoske, which called for humility, con tentment with little, avoidance of pride and vainglory, love and friendship for each individual. Dubnow avoided many of Graetz’s pitfalls. He refers to the Talmud as the “spiritual weapon needed by a spiritual people.” “As a Jew,” says Dubnow, “I utter the word ‘liational’ with pride and conviction because I know that my people, be cause of the special conditions of its existence in the Diaspora, is not able to aspire anywhere to primacy and dominance. My nationalism can be only individualistic and hence com pletely ethical.” He refused to partici pate in the fortieth anniversary of the Bund in 1937. He criticized them for their opposition to the rebuilding of Palestine, “the greatest miracle of Jewish history”. The popular and learned works of a host of modern historians, the for mation of historical societies, the pub lication of innumerable monographs and learned periodicals, such as the Monatsschrift, Revue des Etudes Juives and the “Jewish Quarterly Re view,” the intensive research into Hebrew manuscripts in public and private collections have truly stimu lated the romance of history. Our knowledge of social, economical, and religious life throughout the ages has been enriched by the study of the communal records and more than 1,250 volumes of rabbinic responsa. The late Joseph Jacobs, in his “Jews of Angevin England,” and Dr. Cecil Roth, the distinguished Anglo-Jewish historian, "have made use of PipeRolls, Plea-Rolls, Patent and Close Rolls of the Exchequer of the Jews to throw light on the financial trans actions of pre-expulsion English Jewry. Dull indeed is the soul who can remain unaffected by the stories JEWISH LIFE

of the Chazars, the Falashas, or the converted village of San Nicandro Garganico. During the last war, in the valley of the shadow of death, Dr. Emmanuel Ringelblum recorded in diaries re cently unearthed a complete picture of Ghetto life in Warsaw. It is a notable and authentic contribution to the ever-growing volume of Churban literature. Dr. Ringelblum quotes the words of the leader of the Jewish fighting forces: “It is said that war

transforms men into beasts. We did not and do not want war, and we shall not become beasts. We shall re main human beings;” A fitting reply to Nazi distortions of Jewish history. E do not subscribe to Henry Ford’s idea that “history is all bunk,” nor to Napoleon’s, that “it is a fiction all agreed upon,” but rather that, “There is but one key to the present and that is the past,” for “his tory is a philosophy that teaches by example.”

Acquire understanding—acquire Torah and Mitzvah, and in them your hand will be strong. For this is the nearest path to vision (fear) of the Almighty; and though at times it may seem the more distant road thereto, reflect on how often a man who has no such understanding will transgress—how far is he from the Lord when he does not understand the secret of service to Him? Acquire Torah, acquire many worth while books which are more precious than gold and jewels; if doubt troubles your mind, consult them as though they were the "Urim and Thummim". For if in battle the mighty man does not utilize the sword which is in his right hand, can he prevail? "Y sod Ha'Yirah"

"If you will surely hearken unto My Voice" (Shemoth 19:5)... to this the Sages commented: If a man hearkens to one com mandment, he is given the opportunity to hearken to many commandments; if he forgets one commandment, this will lead to his forgetting many commandments, for we have the parallel statement (Devorim 8:19) "If you forget, you will surely (continue to) forget!" Mechilta

June, 1959

Book Beviews A Panoramic Anthology By SAMUEL I. COHEN

GUARDIANS OF OUR HERITAGE (1724-1953) Edited by Leo Jung, The Jewish Library, Bloch Publishing Company, 1958, 728 pp. IKE Rabbi Jung’s earlier books in the Jewish Library Series, “Guar dians of Our Heritage” presents a varied blend of historic information, religious-ideological perspective, and Rabbinic scholarship. Basically, the anthology contains a splendid survey of the lives and en vironments of the many great and near-great Jewish names of recent vintage. Twenty-eight distinguished Jewish leaders, ranging from Rabbi Chaim Joseph Azulai (The “Chida”) , Rabbi Nathan HaCohen Adler (Chief Rabbi of F rankfurt A.M.), and Rabbi Chaim of Volozin (Founder of the celebrated Volozin Yeshivah), to the more recent Rabbis, Isaac Breuer and Joseph Carlebach are put under the microscopic lenses of able biographi cal technicians. What emerges is a panoramic view of the sequence of our religious Jewish communities dur ing the past two centuries, as well

RABBI SAMUEL I. COHEN is a musmach of Mesivta Rabbi Chaim Berlin and is presently studying for his Doctorate in Education at Yeshiva University. He is the executive director of the Long Island Zionist Youth Commission. 50

as an insight into the individual lives and contributions of their leaders. This anthology of thorough and scholarly biographies manifests the editor's intent to present a wide and diverse range in subject material, and thereby underscore the varied con tributions and roles of leadership of the men of our age who have distin guished themselves as “Guardians of Our Heritage”. Fused into this general biographi cal scheme are glimpses of meander ing currents of Jewish thought. The reader will readily trace the flow of Jewish history through the various ports of Jewish learning, and even more readily discern how Rabbi Chaim of Volozin’s “Primacy of Halachic Study,” Rabbi Zvi Hirsh Kalischer’s ideology of religious na tionalism, and Rabbi Samson Raphael Hirsch’s “Torah and Derech Eretz” profoundly affected and guided Jewish life in their times as well as in ours. ERTAINLY the warmth, thor oughness, and reverence that permeate the biographers’ treatment of their subjects—shedding a brilliant light on an array of major personali ties—deserve the commendation and appreciation of all who bask in the rays of wisdom and piety generated by our guardians and leaders. Much

JEWISH LIFE

to the credit of these biographers, one senses the selective perception and perspective selection that they brought with them to their biographical pre sentations. But precisely because of this highcalibred and well-formulated histori cal presentation, and particularly in view of the individual biographers’ general theme of reverence for our G’dolim, the reader will find that there is an imbalance of subject material, and consequently a flaw in the book’s overall theme. Rabbi Jung’s introduction, “The Rabbis and Freedom of Interpreta tion” (a scholarly dissertation on the latitude of interpretation, and wealth of dissension, evident in Rabbinic lit erature on the Agadah) is followed by a lengthy nostalgic philosophic introspection, “Memoirs of Childhood B-An Approach to Jewish Philoso phy,” by Nima Adlerblum, a gifted autobiographist and Columbia Uni versity Ph. D. Rabbi Jacob Ettlinger, the reknowned author of the brilliant com mentary on the Talmud, “Aruch La’Ner,” (and the outstanding Ger man rabbi of his time) is followed in the anthology by Isaac Leeser, re vealed in this percipient study as a staunch advocate of Orthodoxy in America one hundred years ago and a crusader for Jewish affairs and in terests (but still not in the same league with the “Aruch La’Ner”).

June, 1959

Simply stated, Rabbi Ettlinger was a “Godol” in the traditional and classic sense; Isaac Leeser (without minimizing his importance) was not. The orthodox reader, for whom the book was obviously written, will ques tion the propriety of juxtaposing in one anthology figures of such widely differing stature—a procedure which conveys the implication that Nima Adlerblum (with all due respect to her philosophic competence) and Isaac Leeser are equal in eminence and influence to Rabbi Nathan HaCohen Adler, the world-acclaimed Gaon and teacher of the Chasam Sofer; Rabbi Chaim Joseph Azulai, the great Rabbi of encyclopedic Tal mudic knowledge and erudition ; Rab bi Chaim of Volozin, the outstanding disciple of Isaac Elchanan Spector, the Rav of Kovno, acclaimed through out the world for his Rabbinic au thority and scholarly competence, as well as the great Rabbis Ettlinger, Hirsch, and Kalischer. These are the scholars and sages whose brilliance, scholarship, and piety served as beacons illuminating Jewish life throughout the world. Nevertheless, the reader will find that the individual essays and biog raphies, when viewed independently of the others, are valuable contribu tions to one’s knowledge of recent Jewish leaders. The “whole” of “Guar dians of Our Heritage” is equal to the sum total of its excellent parts.

Jewish

Religion By ABRAHAM N. ZUROFF

JUDAISM : Religion and E thics, by Meyer Waxman; New York, Thomas Yoseloff, 411 pages, $5.00. ROFESSOR Meyer Waxman is celebrating this year half a cen tury of dedicated literary activity in the field of Jewish scholarship, educa tion, and literature. For the last fifty years he has been actively engaged in the writing of numerous volumes in the field of Jewish literature and philosophy and in the transmission of Jewish ideas and ideals to hun dreds of students at the Hebrew Theological College in Chicago. He has brought to his work unusual dili gence, boundless energy, and a unique dedication—in brief, a commitment to the exposition of Judaism and Jewish life in its broadest ramifications. The many books, articles, and essays that he has produced in the Hebrew lan guage are evidence of his close kin ship to the “holy tongue”. It is worthy of note, however, that no other scholar who has contributed in like degree to the realm of Hebrew litera ture has achieved anything approxi mating the vast contributions of Dr. Waxman to the English-reading pub lic. To be sure, his outstanding work

RABBI ABRAHAM N. ZUROFF is the principal of the Yeshiva University High School of Brooklyn.

is his monumental four-volume His tory of Jewish Literature, a new edi tion of which is to appear shortly with the addition of a fifth volume. To these contributions we may also add the present volume, designed to reach a wide reading public, and covering every aspect of Judaism in its practice, significance, and meaning. The eminent Jewish historian Simon Dubnow once remarked: “If it is a difficult task to write the history of a people that has always remained on its own soil, how much more oner ous is the task of writing a history of the Jewish people whose wander ings encompassed the world.” How equally true this is in the realm of Judaism, dealing with its precepts, commandments, beliefs and ethics. Despite the enormity of the task Dr. Waxman has succeeded, within the confines of one volume, to describe on the one hand the uniqueness of Judaism as distinguished from other religions, and on the other, its total integration with the fate and destiny of the Jewish people. This book consists of two parts, one dealing with the practice of precepts and commandments plus the principal views and beliefs of Judaism, and the other with the ethics of Judaism. The first part was originally pub lished as a work in itself and under went two editions. In the third ediJEWISH LIFE

tion, it is combined with the second part, treating of ethics in order to present a complete view of Judaism in both its aspects. In his introduction, the author de votes twenty-four pages to a discus sion on the nature and character of Judaism. He very ably points out that to get a true view, one must draw only from Judaism’s own sources and traditions that are recorded in its cherished and sacred writings. All other documents and “finds” upon which historians and critics build up theories and hypotheses aiming to at tribute to Judaism, in certain periods of its development, traits which are at variance with the traditions are of doubtful worth. He forcefully re jects the attempts of non-Jewish scholars to minimize the principal contributions of Judaism by ascribing their origins to other cultures and civilizations. He proves on historical and logical grounds the plausibility of the Jewish tradition, and ably de fends it against the attacks of the so-called critical and scientific schools. Dr. ta x m a n states that “an idea like monotheism even if divinely re vealed, could only become the firm conviction of the few and select, while the people as a whole could only hatfe a vague idea of it.” How is this re conciled with the Rabbinic statement, “The maidservant perceived more at the Red Sea than did Ezekiel in all his visions.” In continuing the dis cussion, the author states :. “Likewise is the selection of Israel a corollary of that fundamental concept, for when in a world of nations sunk in idolatry there rises only one small group pos sessing the unique idea of a universal G-d, it has full right to conclude that it was elected by divine providence June, 1959

for that task.” Is this a conclusion that they reached themselves, or is it a concept expressed in the Torah? The section on the Institutions of Judaism, succinctly descriptive on the whole, is divided into two major parts, the first dealing with the fundamentals of our faith such as the Sabbath, the Festivals, Institu tion of Prayer, the Dietary Laws, and the Family and its Institutions, with the second part devoted to a discus sion of the principal views of Judaism such as G-d and the World, Man and Israel in Relation to G-d, and Ethical and Social Ideals. In the preface to this section of the book Dr. Waxman indicates that he has “attempted to present the point of view mirrored in the long history of Judaism as it is embedded in the sources to which all works must resort. If the result is rather close to the orthodox viewpoint, it is be cause the bulk of Jewish history and the sources themselves point in that direction.” There is evidence that the author has veered from this course. On page 60, in a footnote, he cate gorically rejects two views, as ex pressed in the Talmud, on the mean ing of koreth as being unsatisfac tory, and advances his own idea as being preferable. Similarly on page 189 he rejects the definitions of the term dpikoros given by the Gernora and Maimonides and again advances his own explanation. On page 137 the author states: “The revelation at Sinai with all its majesty as described in the Book of Exodus, ch. XX, was only a means to clarify and fix in the mind of the entire people the pure conception of the G-dhead which was present only in the minds of the select few, the outstanding ancestors of the nation,

the Patriarchs and [was] less pure in the minds of the group as a whole.” This is a gross understatement about the significance of the Revelation at Sinai. For it is very clearly pointed out by Maimonides that our obliga tions to observe the precepts, such as circumcision for example, stem not from the fact that our Patriarch Abraham performed this rite, but only because it was part of the Reve lation at Sinai. So th at this Sinai phenomenon has tremendous Halachic importance for us, without which there would be no obligation for Torah observance (see Rambam Commentary on the Mishnah, Chulin ch. 10). Considering the unique place oc cupied by Torah in the life of every Jew and the history of the Jewish people as a whole, the author should have discussed its importance in the very beginning of the book. Instead he treats it as just merely another concept and includes it in his chapter dealing with Ethical and Social Ideals on page 173. The second half of the book, de voted to Ethics of Judaism, opens with an introductory, essay in which the author defines the term “ethics” and discusses standards of ethics and both ancient and modern ethical theories. P art I is devoted to Sources

of Jewish Ethics, Views of G-d, Man and Life, Fundamental Principles of Jewish Ethics and their Applications. In P art II he discusses Character and its Leading Virtues, Social Vir tues, and Virtues and Vices that Af fect the Dignity of Man. In P art III there is a fine account of Business Ethics, Justice, Family Ethics, Ethics of the Group, the Ethical Aspect of Jewish History, and Jewish Contribu tions to World Ethics. Dr. Waxman has certainly rendered a great service in making available a book of this kind ably written in a facile and interesting style. Even its format, Whereby the discussions are divided into general headings and subdivided into brief and terse a c counts, makes for better reading. A well-arranged table of contents which gives one desired information at a glance, a complete index and an ex cellent glossary enhance the book. That Dr. Waxman possesses vast erudition, wide knowledge of every facet of Jewish literature, and a firsthand acquaintance with primary sources is evident throughout the book. May Dr. Waxman long con tinue his literary activity to the en hancement of Judaism and the preser vation of Jewish life.

JEWISH LIFE

M artyred Leaders By SAMSON R. WEISS

This reviewer also knew personally EYLEH EZKERAH— These Will I Remember!” Biographies of leaders the famous “Mashgiach” of the Yeof religious Jewry in Europe who shiva of Radin, Rabbi Eliezer Zev perished during the years 1939-1945. Kaplan, ^"Xb one of the great teachers Volume III; Edited by Dr. Isaac of ethics and Jewish philosophy, and Lewin; New York, Research Institute Rabbi Joshua Leib Levinson, ^"Xb the of Religious Jewry, 1959, 328 pages. “Menahel” of the same institution which was headed by the Chofetz HE PRESENT volume, equal in Chayim, of sainted memory. It is diffi stature and importance to the cult to describe the impact of these preceding volumes published in 1956 condensed biographies upon one who and 1957, respectively, contains fiftyhad the privilege of acquaintance one condensed biographies of leading with these great men. The Rav of rabbis and laymen of European re Kirchdorf (Czechoslovakia), Rabbi ligious Jewry who were martyred Asher Leml Spitzer ^"Xb too, was during the years 1939 to 1945. Many known to this reviewer who as a child of these biographies have been written was examined by him, to the great by disciples or close associates of pride of his parents. A man typifying these men whose teachings and whose the Jewish hadrath panim, the no activities contributed so much to the bility and serenity of bearing and spiritual physiognomy of the Euro looks, he left an indelible imprint not pean Jewish community before the only in the souls of his thousands of holocaust. disciples, but upon all who had con This reviewer vividly recalls the tact with him in his manifold com saintly Rav of Mir and his weekly munal activities. Talmudic lectures in the Mirrer YeIt is to be regretted that a volume shiva — Rabbi Avraham Zvi Kamai, one of the towering figures of this kind, as well as the preceding among the giants of Torah described ones, are not available in the English in this volume. He led his flock of language. Dr. Isaac Lewin, the meri two thousand Jews, inhabitants of torious editor, would earn the grati Mir, in reciting the blessing “A1 tude of the English-speaking Jewish Kiddush Hashem,” the blessing pro community by arranging an English nounced by the one about to die in edition of these memorial volumes, martyrdom, before the Nazi murderers which were published with a grant of machine-gunned the entire community. the Conference on Jewish Material

June, 1959

Claims Against Germany. This grant was surely motivated by the desire to retain, at least in memory, some of the cultural and educational values

of European Jewry. This purpose, ad mirably -fulfilled by these biographies, would be further and possibly even better served by an English edition.

A Talm ud Concordance OZNAYIM LATORAH, Subject Con cordance to the Babylonian Talmud, by Lazarus Goldschmidt; edited by Rafael Edelmann; The Royal Library, Lazarus Goldschmidt Collection, Co penhagen, 1959, 607 pages. ZNAYIM LATORAH is the first Subject Concordance published anywhere on the Babylonian Talmud. It was originally intended by its author, Dr. Lazarus Goldschmidt, of blessed memory, to be published as the final volume of his famous German translation of the Babylonian Talmud, the first volume of which appeared in 1897 and which was completed in 1935. In 1936, Goldschmidt escaped from Berlin to London. Both his ad vanced age and his illness prevented him from bringing his manuscript into print before his death in 1950. The Royal Library of Copenhagen, in accepting the Lazarus Goldschmidt Collection of books and manuscripts,

undertook the obligation of publishing this Subject Concordance which had to be materially revised, though the many thousands of original Gold schmidt entries and subject divisions were retained, as was his system. The editor, Rafael Edelmann, has performed a great service for Jewish scholarship by readying this manu script for publication. The outward form, the clarity of print and index ing, measure up to the importance of the volume. Each subject is referred to its Talmudic source (s) both in the standard original of the Babylonian Talmud and in the Goldschmidt trans lation. Future editions might be easily further enhanced by a third reference to the Soncino English translation. Oznayim Latorah is a book which will be useful to scholar and student alike. It is bound to become one of the classics of Talmudical reference works. — Samson R. Weiss

JEWISH LIFE

Letters te the E d ite r

CIVIL SERVICE RIGHTS

Bronx, N. Y. Abraham Goldstein's article “Sab bath Observers in Civil Service” in the Nisan/April issue of J ewish Life is very enlightening. However, it leaves the reader with the impression that the recognition of equal rights for the Sabbath observer in civil service was a mere metamorphosis that came automatically with time. It does not disclose the hardships, the untold in justices, and many times simple, un adulterated spitefulness of some sup ervisors and heads of departments directed at the Sabbath observer. There are—as there have always been—individuals who, through poli tical influence, can manage to get personal favors. However, one must admit that it was only through the organized efforts of the Sabbath Ob servers in Civil Service that recogni tion was given to the right that the Sabbath observer has to practice his religion without prejudicial loss of pay or job. This is not a mere favor but policy. Another improvement that Mr. Goldstein has neglected to mention is the change of the locale for the Sab bath observers to take New York City Civil Service examinations. In recent years The Jewish Center has given its beautiful and comfortable quarters for the purpose. On these occasions The Jewish Center is an exceptional host. Besides storing the individual's June, 1959

food for the day, the Center also pro vides hot drinks available to all for the entire stay. I don't know who is responsible for this, but it surely helps to lessen the hardships of being cooped up away from home on the Sabbath and nervously awaiting dark ness and the examination. Morris S. Halpern POSTAL WORKER PENALIZED

Bronx, N. Y. The article on Sabbath observance and the civil service in the Nisan issue of J ewish Life reminds me of the difficulty I encountered in March, 1937 when I was appointed as a postal clerk to work in the Grand Central office. For a period of four weeks no issue was made of my absenting my self for religious reasons. However, during the fifth week I was ordered by the Postmaster to report on Sat urday for duty. When I failed to do so, I was in formed by the superintendent that despite my good record—I had been under surveillance for two weeks, he told me—I would be dismissed. He suggested that I resign instead. I took his advice, and did so. Had there been an organization such as Sabbath Observers in Civil Service at that time, it would have been pos sible to fight the matter. Such is the value of group cooperation. Martin Weinstein 57

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PASTERNAK DEFENDED

Guantanamo Bay, Cuba I trust you will overlook the seem ing tardiness of this letter, but we provincials receive our copy of J ewish Life late, and by the time it makes the rounds of the small but noisily happy Jewish community on the U. S. Naval Base here much time elapses. Nevertheless, I assume you will be good enough to relay my sentiments to Mrs. Lipstadt regarding her re view of “Dr. Zhivago” published in February's J ewish Life. I find th at I can agree wholeheartedly with but one of the aspects considered by the reviewer, that of the work's role as an instrument of propaganda. Here in a brief para graph mention is made of the great tactical weapon provided by the pub lication of the book under such singu lar circumstances. One might add that it is of interest that a significant tear in the Iron Curtain permitted the book to get as fa r as Italy with offi cial sanction, only to have such sanc tion revoked. Unfortunately our ac cord goes no further. I t becomes ap parent that the reviewer never had any intentions of dealing with the literary merit of the work. The review reveals three main objections to the work as a literary tour de force: first, it is difficult—there are many names to deal with-f^it is like other Russian novels; second, it is devoid of humor; third, it is didactic. Let us examine the first charge: surely we are not to be subjected to the time-worn hackneyed argument about the names in Russian novels, nor must we reargue the question of making the reading of a novel “a facile'' task. This is unworthy of any serious student of modern literature. June, 1959

Second, if we define humor as “the intellectual grasp of the incongruous,'' is not the entire work based on the intellectual's ungrasp of the incon gruous? Is . this not Pasternak's un witting condemnation of holy mother Russia, the awesome lack of humor about the whole thing? Finally, no where in the history of literature has there ever been a single word of criti cism against didacticism per se. One must probe a bit deeper before the superficial levelling of the charge of didacticism can be taken as telling commentary on a literary work. All of this brings us to the main topic undertaken by the review, namely the validity of the theme, as interpreted by the reviewer. This great “blatantly Antisemitic'' book has been the subject of considerable comment, and it is almost universally accepted that Pasternak, if he has any identity within, must surely be identified with Zhivago. Now the ques tion of whether the remarks attri buted to Misha Gordon or Lara are echoes of Pasternak's thought is hardly worth the debate. It would seem however that the reviewer has somehow missed the entire point of the novel, and except for the fact that she discovered therein a few Antise mitic thoughts which inspired her to some fine Semitic thoughts, might as well have never attempted such a difficult task. Without getting too deeply involved in Christology, it should suffice to point out here that despite Zhivago's impassioned plea for a return to Christianity (a common theme in the last fifteen years) he is a complete and utter failure as a person, but not as a literary character. True, he de velops into a romantic figure, evinc ing much sympathy, but nevertheless 59

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he fails—miserably—and Pasternak made him fail, just as Misha and Lara fail. The Jew in the novel? Why, of course, he survives, suffering, as always—and Pasternak sees to this also. Please don’t misunderstand the pur pose of this letter; it is not meant as a general encomium on the merits of the novel for I agree that a degree of, not réévaluation, but deeper evalution need yet be achieved. It is just that every Jewish journal has felt the need to speak out against this surface Antisemitism in one way or another, but nowhere yet have I ob served a reviewer so patently out to “get Pasternak”. Maybe he should be “gotten” ultimately—I don’t know. I do sincerely feel that your journal should be above such irresponsible reporting. Harold H. Sacks, Lt., USN

From Miriam Lipstadt: I trust that in the lapse of time between the receipt of Mr. Sacks’ comhlunication and this writing, some additional American Jewish publica tions of standing have found their way to th at distant outpost of Jewish life and to Mr. Sacks’ attention. He will then have discovered that these too have had the courage and forth rightness to see lucidly through the clouds of conformist thinking that has brought Pasternak’s work to the top of the merchandising lists in book-selling. The symbolisms of the Russian Orthodox ritual which abound in this work have brought upon it the plaudits of the secular press in which it has been cited as a profound Christian parable. The enhancement June, 1959

of the New Testament and the down grading of the Torah which permeate the pages of “Dr. Zhivago” are seg ments of an overall pattern used to deprecate thé' Jew and his spiritual foundations. The fiction that the “Gospel is the first source of free personality and the first proponent of love of one’s neighbor,” has been insidiously spread on the literary skies prior to the emergence of Boris .Pasternak. It has been dissipated swiftly by the winds of truth. This false premise, which launches this search, is ignored by Mr. Sacks. The characters in “Dr. Zhivago” have not emerged as virile people who lived through an apocalyptic era in Russia. Historically momentous events unfolded during the life span of Lara and Zhivago. Yet, Lara evokes pas sionate sympathy only in the idyllic domesticity which she creates during the last fleeting period of their life together. I must reiterate that as a weapon of propaganda, this book fitted into the patterns of American thinking. In addition, Pasternak represented to us a sorely needed affirmation of that suspected “tear” in the Iron Curtain. We clutched the novel to our breasts as a message of freedom from the camp of the enemy. I take note of the one positive com ment in this commentary on my re view—in which the writer refers to some “fine Semitic thoughts” inspired by the “few” Antisemitic statements in the book. Where, if not in Jewish Life, would the writer expect to find fine Semitic statements in answer to a vicious attack upon Jews and the Torah? “A few Antisemitic thoughts” recalls to memory the burning of the books, some time ago, by our 61

MESSAGE TO JEWRY Essays, sermons, etc. on various occasions of the year by the presiding rabbi, Union of Orthodox Hebrew Congregations of Eng land, Rabbi Dr. Solomon Schonfeld. 254 pages

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State Department, when the official statement informed us that “only eleven books” were tossed on to the flames of bigotry. Evidently, this book is not to be judged too harshly, for its anti-Jewish statements num ber only “a few”. When didacticism is employed to a point of tediousness, so that the poetic majesty of portions of the work are buried, then didacticism at best becomes tiresome to the most in defatigable reader. It is utterly incongruous to foster the belief that Pasternak’s Antisemi tism can be exercised by attributing his pleas for assimiliation to other major characters in the book. Paster nak strongly identified with Zhivago gt-I agree. It is incumbent upon the

reader to remember that Pasternak has donned the cloak of Christianity so strongly advocated by Lara and Misha Gordon. Must one infer, from Mr. Sack’s statement, then, that Pas ternak “evinces much sympathy but fails miserably—as Misha and Lara fail”. It is fitting here to recall the state ment of that great Russian writer and social reformer, Leon Tolstoy, who said of the Jewish people : “The Jew is that sacred being who has brought down from heaven the everlasting fire, and has illumined with it the entire world. He is the religious source, spring, and foun tain out of which all the rest of the peoples have drawn their be liefs and their religions.”

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June, 1959

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i beans 1 ,N TOMATO SAUCE ■S>-l

/ A R / B T IE S

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StrictlynCosherL Mmmmmmmmeichel! Each and every bean a melting morsel of nutritious eating pleasure! A treat in more than one way, these Heinz Vegetarian Beans are “pareve” as well as Kosher, so they go with any meal. Just h ea t. . . serve . ; . and be ready with r— -7 second helpings. Every label carries the © seal of ap- \ *¥7 1 proval of the Union of Orthodox Jewish Congregations of America.