Open Orthodox Theology and Repentance

Times of Israel    by Rabbi Avrohom Gordimer

Sometimes, things are just so outrageous that we need to do a double-take, as we cannot believe what we are seeing. And sometimes, these outrageous things are repeated and form a pattern, shocking us all the more so.

Sadly, recent writings by the leadership of Open Orthodoxy have fit this mold. While I was hoping to start the new year without having to address this issue, wishing that the numerous expressions of highly problematic theology by Open Orthodox leadership would taper off, matters have gone from bad to worse, and there is again an obligation to speak out.

Although one Open Orthodox leader has portrayed these protest writings as personal attacks against him, nothing could be further from the truth. Those of us who speak out in dissent are critiquing the controversial theology and not the personalities involved. Furthermore, it is our wish that there would be no need for these polemics; we only pen protest essays in response to theological instigation. Correlating to the new year wish of this Open Orthodox leader that the critiques cease, it is my new year wish that there be no further instigation or provocation, such that there would be no further need to respond.

This Open Orthodox leader, who serves as the Chairman of the Department of Talmud at Yeshivat Chovevei Torah (YCT), recently suggested that we should commit to a new type of belief in the events in the Torah – a belief that does not intellectually accept the factual truth of these events:

We need to debate what heresy is, not whether it is allowed… A promising direction is to revisit the philosophical meaning of “belief,” and examine to what degree religious belief can be understood as being a-factual; a faith-proclamation, not a factual postulate. Defining belief as a-factual would allow a person of faith to “believe” religiously in the historicity of the biblical narratives and at that same time entertain the postulates of Bible critics.

Then, the day after Rosh Hashana, this same rabbi proposed that God repents, or needs to repent, for his misdeeds, including His creation of a flawed and insensitive halachic system.

I am sorry, but the above statements are, respectively, heretical and blasphemous. Were such statements to emanate from private individuals, it would be one thing, but for these statements to be expressed by one of the most prominent rabbinic scholars and leaders of Open Orthodoxy, who trains all of the movement’s (male) rabbis, is far more concerning. And since the rabbi who espouses these ideas does so quite publicly, those who feel that the ideas are a radical and alarming departure from Orthodoxy have every right to publicly express such.

Shortly prior to this all, another very noteworthy and well-known rabbi who has affiliated with Open Orthodoxy explicated his belief that any ideas which a fully humble person sincerely intuits as correct are actually divine Torah revelations. (The rabbi elaborates that since he feels that ordaining women for the Orthodox rabbinate is the correct approach from a moral and ethical perspective, such ordination becomes revealed and ratified as part of the Torah and is a mitzvah to be pursued (!)).

This same rabbi, who previously proposed that God did not communicate the Torah to Moses in a literal oral sense, recently argued that proper Torah adjudication involves meshing intuitive values with Torah texts, crafting the textual interpretation to match one’s intuitive values:

The posek begins with the refined intuition and moves from there to the formal legal analysis which he consciously or unconsciously bends to conform to his intuition…  Every situation is different and requires a different quality of discernment.  The level of clarity of moral conviction necessary to argue with God (in the case of Abraham – AG) is different than the inner conviction required to manipulate a tosafot or reinterpret a gemara. Areas which do not involve laws of such severity, or do not involve explicit halakhot at all but involve modification or abrogation of minhag – generally accepted practice – require a different quality of discernment.

These radical articles were reposted and endorsed by the president of YCT. (Please also see here.)

(An alternative approach to halachic adjudication was presented by the previously-noted Open Orthodox leader, explaining that halachic decisions should be made by taking rulings found in traditional source texts and combining them with contemporary values. This rabbi criticizes expressions of Modern Orthodoxy whose core is “exclusively Orthodox”, and he instead maintains that a synthesis of Torah and secular values are to be merged in order to arrive at the proper manifestation of Orthodoxy. Please also see here and here.)

After the founder of Open Orthodoxy declared it to be a new and separate movement or denomination, it has undergone an intense radicalization and an accelerated departure away from Orthodoxy, as is glaringly evident from the above and many other sources. (Please also see this important article on the topic.)

I would like to suggest repentance on the part of Open Orthodoxy, but the sad truth is that this movement/denomination has repeatedly ignored calls to reconsider its actions and trajectory and has instead opted for further separation from all that is Orthodox, creating a new theology that, at best, is a lighter and more liberal form of the approach of the early Conservative movement.

A Guide for Avreichim to the Halachos of Tznius Based on a shiur by Hagaon Rav Gershon Meltzer shlita

 Update: Added interview with Rav Eliashiv which doesn't fit exactly in what is being claimed in his name.

================================
Someone recently showed me a pamphlet on tznius with the haskoma of Rav Berkowitz (below) and others including Rav Chaim Kanievsky and Rav Ganz. The organization claims that they have the same authority as Chazal in their psakim dealing with tznius and that they must be accepted as authoritative (I assume that means in Israel by the yeshiva community). When I get a copy I hope to publish the whole thing.

שאלה שנשאלה על ידי למרן ר' חיים קנייבסקי שליט"א בכ"ז ניסן תשע"ה

וזה לשון השאלה: תקנות ב"ד משמר התורה שהוקם ע"י הגרי"ש אלישיב והגר"ש ווזנר לפסוק הלכות ולתקן תקנות בדיני צניעות ולבוש הנשים והגרי"ש אמר שזה בתוקף דת יהודית האם זה מחייב כמנהג המקום גם את בני חו"ל הגרים או נמצאים 

בארץ ישראל  

תשובת מרן: כן, מחייב

From the pamphlet:

Examples of Das Yehudis. -------------------------------------------------------------

There are three types of halachos that are included in the category of Das Yehudis: 

I. Prohibitions Enacted by Chazal, such as the prohibition for a woman to uncover theier arms above the elbow. 

2. Local Custom: The accepted rulmg of all Poskim is that a person is halachically bound to follow the strmgencies of the place where he lives.7 Hence, it is considered a violation of Das Yehudis for a woman to dress in a fashion that is considered immodest in her locale, even if she comes from a place where the prevailing standards of tznius were more lax. For example, if a woman grew up in a community in America where certain forms of dress were acceptable, and she now lives in Yerushalayim, she must abide by the more stringent minhagim of Yerushalayim. 

3. Halachos Enacted by a Beis Din or Local Leaders: The Chochmas Adam[1] rules that the shivah tuvei ha'ir in any community have the power of a beis din, even if they are simply ordinary people dedicated to benefiting the public, and not great Torah scholars, and they may enact binding halachic guidelines for the benefit of society. Just as the directives of the Anshei Knesses HaGedolah and other Torah sages throughout the generations have the status of halachah, every individual must follow the dictates of the community in which he lives, unless a rule is enacted that the majority of the public cannot handle.[2] In Eretz Yisrael, Rav Yosef Shalom Elyashiv and Rav Shmuel Wosner, zichronam livrachah, created the Mishmar HaTorah, a group of rabbanim who are responsible for formulating guidelines on matters of tznius, and the decisions of this entity have this binding status.[emphasis added] Baruch Hashem the Mishmar HaTorah’s guidelines have become increasingly accepted by the public. In light of the above, it should be clear that every garment or sheitel must fit into all the guidelines associated with Das Yehudis in order for it to be worn.

---

[1] Chochmas Adam (Klaal 102 Sif 1)

[2] The rulings of such leaders on issues of tznius therefore have the same force as the rulings of Chazal and must be followed.

Gedolim in Israel severely criticize those who don't accept their appointment for Meir Seminary

Kikar Shabbat

גדולי ישראל במכתב חריף: "מנסים לסלף ובאים בכוח הזרוע"

לאחר מסע הרדיפה של אנשי 'הפלג הירושלמי' נגד מינוי הרבנית רחל בורנשטיין למנהלת סמינר מאיר יוצאים גדולי ישראל במכתב נחרץ בעניין • "מנסים לסלף את דברי מרנן ורבנן" • פרסום ראשון (בארץ)

סערת סמינר מאיר: לאחר מסע הרדיפות של אנשים 'הפלג הירושלמי' נגד הרבנית רחל בורנשטיין שמונתה על ידי גדולי ישראל למנהלת החדשה של סמינר מאיר בבני ברק, מינוי שאושר באופן חוקי גם על ידי עיריית בני ברק, יוצאים גדולי ישראל במכתב נחרץ בנושא.

"הננו בזה להבהיר בדבר הסמינר אשר נוסד על ידי גדולי ישראל ונוהל רבות בשנים על ידי הרב שמואל מאיר שליט"א ישלח לו ה' רפואה שלמה במהרה.

"היות והנהלת הסמינר פנתה למורי דרכו מרנן ורבנן גדולי ישראל שליט"א, כי יש צורך לחזק את צוות ההנהלה, ע"י הוספת מנהלת פעילה לסמינר ולאחר שהרב מאיר הגיש מיוזמתו את התפטרותו לאחראים ע"כ ברשות המקומית.

"ולאחר בירורים מדוקדקים הוחלט ע"י גדולי ישראל כי הרבנית בורנשטיין תחי' היא הראויה ביותר לנהל מוסד חשוב זה, והננו בזה לחזק את ידיה בהמשך עבודת הקודש בחינוך בנות ישראל לדרך ארץ ויראת שמים.

"צר לנו כי מנסים לסלף את דברי מרנן ורבנן חכמי הדור - אשר הנהגתם הם יסוד אמונתנו - בדבר הסמינר ובאים לפעול בכח הזרוע בין כותלי הסמינר ובין מחוצה לה".

את המכתב כתבו הגאון רבי יהודה סילמן והגאון רבי שבח צבי רוזנבלט ואליהם הצטרפו בחתימתם מרנן הגראי"ל שטיינמן, הגר"ח קנייבסקי והגרי"ג אדלשטיין.

Mendel Epstein's post-trial motion for acquital and prosecutor's opposition

   Mendel Epstein's post trial motion for acquital 

   Prosecutor's opposition to  post trial motion for acquittal

Yom Kippur is about to collide with baseball, but the two go so naturally together

Washington Post    by Mendel Horowtiz

Like a field of dreams, Yom Kippur counts on ghosts to inspire. In Kevin Costner’s role in “Field of Dreams,” his character Ray Kinsella carves a baseball diamond from a cornfield after hearing a mysterious whisper, “if you build it, he will come.” Encouraged by the prophecy and by the spirits of departed ballplayers, Ray in the end discovers his estranged father behind the plate and engages him in a game of catch.

The High Holidays, too, can be stirred by voices of contrition, correction and change. On Yom Kippur, I, too, will carve something precious from a neglected past.

This year, the Day of Atonement falls on the eve of Sept. 23, when the Mets will host the Braves. For the believers in Flushing, baseball might seem delightfully temporal, repentance as distant a notion as spring.

In my synagogue, that holy day will be celebrated as an occasion of longing, an extra-inning playoff of abstinence and prayer. I may not be rooting for the home team that afternoon, but I will be encouraged by baseball’s oddities.

When Yogi Berra quipped “it ain’t over till it’s over” during the summer of 1973, the Mets were in last place, finishing a dismal 44-57. By Aug. 30 the team was 61-71, 6.5 games back with 29 to play. Before the season closed the Mets would claim the NL East, victorious in 21 of their last 29 contests. [...]

Malka Leifer: Melbourne woman awarded $1.27m in damages over ultra-Orthodox Jewish school abuse

ABC Australia    [Additional sources The Australian     The Age]

 

A Melbourne woman has been awarded more than $1 million in compensation for sexual abuse she suffered at an ultra-orthodox Jewish school.

The Supreme Court heard the 28-year-old was sexually abused between 2003 and 2006 by Malka Leifer, who was the headmistress at the Adass Israel School in Elsternwick. 

The court heard the woman was abused at school, on camp and at Ms Leifer's home.

Justice Jack Rush said the victim had suffered fear, uncertainty and major lifelong mental injury including self-harm and awarded her $1.27 million in damages.

The school arranged for Ms Leifer to be flown out of Australia in 2008, within hours of learning of allegations made by the victim and at least eight other girls, the court heard.

Ms Leifer is currently in Israel awaiting extradition, and it is understood she could face dozens of charges of indecent assault and rape if she ever returns to Melbourne.

She has been under house arrest in Israel since last September, but nearly a year later there still has not been an initial hearing on her extradition petition.[...]

Rosh HaShanna: How to check for bugs in simonim

Ya'alon: We know who was behind Duma attack

YNET

Ya'alon was asked whether security forces had apprehended those responsible for the Jewish terrorist attack which killed three members of the Dawabsheh family, to which he answered, "We know who is responsible, but we will not expose those findings in order to protect our intelligence sources." [...]

Naser Dawabsheh, a member of the family, responded to the statement saying, "Ya'alon's statement is not justified, Israel must immediately expose the murderers. They burned the whole society and not just Duma."

Dawabsheh continued to say, "I know the attack was a major incident for Israel, and that Israel wants to arrest them in order to show the world that it is a country which chases and apprehends murderers." But he also added that, "Even if they will be arrested, what will happen then? The court will just say they are crazy, and they will live out their lives in some hotel like the murderers of Mohamed Abu- Khdeir." [...]

The Dawabsheh family home was set alight on July 31st. An initial investigation revealed that masked men threw Molotov cocktails into two homes, and spray painted "Long live the messiah king," and "revenge" in

The Dawabsheh family was staying in one of the homes, while the other was vacant. The family woke up as a result of the fire, and tried to escape the flames with two of their children, four-year-old Ahmed and eighteen-month-old Ali. The family managed to escape, however infant Ali died as a result of his burns.

Saed Dawabsheh, Ali's father, succumbed to his injures a week later. Ali's mother, Reham fought for her life for over a month, but she too succumbed to her wounds on Sunday. The condition of the family's eldest son, Ahmed, has improved slightly in recent weeks, but he continues to be treated in the intensive care unit at Beer Sheva's Soroka hospital. [...]

WARNING: Death of couple from using blech in a sealed air conditioned room

Times of Israel

A frum couple was found dead in their Jerusalem apartment this week which was filled with the strong smell of gas. Initial report said that they died from the gas not being turned off - which is unlikely. The gas was being used for the blech. Other reports claim that the aluminum covering the blech did not allow adequate oxygen to the fire so it produced carbon monoxide poisoning. That also is not likely.

The latest report from the fire department is that a gas fire blech was being used in an apartment that was well sealed because of the use of air conditioning. Most Israeli air conditioners provide no fresh air from the outside and thus the amount of oxygen is fixed and limited. Thus as the oxygen level became depleted from the flame, the gas flame started producing poisonous carbon monoxide instead of carbon dioxide.

WARNING: WHEN USING A GAS FLAME MAKE SURE THAT THERE IS FRESH AIR COMING IN THE ROOM

Pruzbul forms

Rav Kanievsky's psak: Is a chicken bred to have no feathers acceptable?

Ladaat
see also HaMaayan

גאב"ד 'יורה דעה' הגאון הגדול הרב שלמה מחפוד שליט"א הציג בפני מרן שר התורה הגר"ח קנייבסקי שליט"א 'עוף קרח' תוצאה של מחקר ופיתוח ישראלי שנמשך כ35 שנה ודן עמו בנושא ההלכתי שבדבר.

כמידי שנה גאב"ד 'יורה דעה' הגאון הגדול הרב שלמה מחפוד שליט"א נכנס למעונו של מרן שר התורה הגר"ח קנייבסקי שליט"א להתברך בברכת השנים, ולהעלות בפניו את שאלותיו אודות מערכת הכשרות אותה הוא מנהל. תחילה הציג את בנו הג"ר בניהו שליט"א דיין מומחה בב"ד חשובים בארה"ק וסיפר למרן שליט"א כי הוא יד ימינו ועוזר לו בפיקוח הדוק על השחיטה המהודרת שתחת השגחתו.

בפני מרן שר התורה הונחה שאלה עקרונית הקשורה למסורת העופות הנהוגה בידינו דור אחר דור, ולדין "גלודה".

ל שולחנו של מרן שר התורה הונח תרנגול ייחודי. חי, ונקי מכל פלומת נוצות. הגר"ש מחפוד שליט"א סיפר למרן שליט"א ש"עוף קרח זה", הוא תוצאה של  מחקר ופיתוח ישראלי שנמשך כ35 שנה על ידי פרופסור אביגדור כהנר מהפקולטה לחקלאות ברחובות.
[...]

 אולם התלבטותו של הגר"ש מחפוד שליט"א הייתה בשתי שאלות מרכזיות:

א.      האם אין איסור "גלודה" חל על עוף זה, או שמא דווקא בנקלף עורו אמרינן "גלודה".

ב.       האם ניתן לסמוך על מסורת אבותיו הקיימת, וגם אם נאמר שכן, האם רשאים אנו לשנות את צורת העוף המסורתי בדמות "עוף שגדל ללא נוצות",

לאחר שהתפלפלו בסוגיא זו, כשהג"ר בניהו שליט"א מציע ראיות לכאן ולכאן, מרן שליט"א פסק: שאין לנו לשנות ממסורת העופות הרגילים בידינו ואין לקבלו עתה, גם אם הוא נראה כעוף רגיל בכל שאר תכונותיו.

Haredi IDF officer exposes leaders of anti-haredi enlistment harassment campaign

JPost

A haredi IDF officer who was one of numerous ultra-Orthodox military personnel subject to harassment by haredi extremists hired a private investigator to expose the people behind the harassment campaign.

Radical elements in the haredi community have in the past few years waged a vitriolic campaign of incitement and harassment  against haredi IDF officers involved in recruiting haredi conscripts, as well as enlisted haredi IDF soldiers.

The campaign has taken the form of posters, pamphlets and booklets with cartoons and other images that incite readers against haredi officials involved in promoting IDF service. These publications routinely depict such people as pigs and malign elements attempting to corrupt haredi youth.

In July, extremists published a booklet containing the names, photos and contact details of the most senior haredi figures community promoting haredi enlistment, as part of efforts to harass and delegitimize them. [...]

As first reported by Channel 2 on Wednesday night, Glickman became frustrated with the lack of progress and hired a private investigator to expose the people behind the campaign of harassment. 

The investigator, David Gabai, who cost the Glickman and his wife tens of thousands of shekels to hire, was able to gain access to the leaders behind the campaign and recorded four of them discussing the campaign and efforts to stage protests at Glickman’s home. [...]

On the basis of the recordings, Glickman has filed a civil suit against the four extremists for slander claiming NIS 2.4 million in damages.

Rav Dovid Eidensohn Telephone Conference #19 Destruction of Marriage, Family and Derech Erets now in “Footsteps of the Moshiach” - Sept 9 Wed 9:30 PM

Call 605-562-3130 enter code 411161#

The gemora lists two major causes of Jewish decline and confusion. One is the Destruction of the Second Temple when the Romans destroyed the Temple and exiled many Jews. The other major cause of Jewish decline and confusion is called “In the Footsteps of the Moshiach.” It seems that the latter problems are, in some crucial areas, much worse than the era of the Destruction of the Second Temple. The earlier periods were known for the losses of great rabbis and deep decline in the level of Torah learning. But the “footsteps of the Moshiach” period is known for decline in family and Derech Erets. We know that Derech Erets comes before the Torah. This is taught in the beginning of Sefer Tono Divei Eliyohu.

When we see today the decline of marriage and family, we must realize the magnitude of our difficulties. Surely the young children who are the greatest sufferers of a broken marriage should arouse us to think about improving things. The way things are going, there will be many children broken in spirit. And also, as I will explain, we have a growing problem with invalid Gittin that leads to Mamzeruth.

Netzavim 75 - Parenting / Teaching and Teshuvah -Repentance by Allan Katz

The Teshuvah – repentance  process  is fundamental to parenting and teaching.  I would even say that the quality of any book on Chinuch, education and parenting is dependent on how many times the word Teshuvah  is mentioned 

As Rosh Hashanah, the Day of Judgment approaches, we read in this week's portion Devarim /Nitzavim 30:2 about repentance – Te'shuvah, ' and you will return unto Hashem, your God and listen to his voice'.

The Jerusalem Talmud asks 'what is the punishment to be done to the sinner '? Wisdom replies that sin pursues bad experiences. Prophecy replies that the soul that sins should die. God replies that the sinner should repent and return to him. In this way he atones for his sins.

Although one should repent everyday of one's life, the month of Elul that proceeds Rosh Hashanah, and  Rosh Hashanah till Yom Kippur is the most opportune time to repent.  The focus in Elul is improving ourselves and cleansing ourselves for Rosh Hashanah. Yom Kippur is the time when we deal with the past. We verbalize and admit our sins = vi'dui, express regret, remorse  and commit ourselves not to repeat them. Rosh Hashanah is the Day of Judgment and we anoint God to be our king and subject ourselves to his authority.

Should we not first deal with our sins, admit what we did wrong and ask for forgiveness   - the Yom Kippur process -  and  only then approach the heavenly court to be judged by God?

Shouldn't Yom Kippur come before Rosh Hashanah?

A second question revolves around  discussion and opinions amongst the commentators whether Repentance- Teshuvah is a voluntary / optional commandment or are we obliged to repent and do Teshuvah. The Ma'haral from Prague   quotes the Talmud that God considers the person who does Teshuvah as having offered a ' voluntary ' sacrifice. He explains that since  the sinner no longer sees himself as subject to God's authority and decrees, his decision to repent and to return unto Hashem,  is considered by God as  if he has in an autonomous and voluntary way 'returned'  to God. And for this God is extremely grateful.

The two views - the commandment –mitzvah of Teshuvah is an obligation or a voluntary/optional commandment maybe reconciled by Rabbi David Lapin's explanation of the teshuvah obligation. Objectively speaking we have an obligation to repent and do Te'shuvah, subjectively speaking God considers our actions as autonomous and intrinsically motivated.

The Teshuvah associated with Rosh Hashanah focuses on our intrinsic motivation and relationship with God. We come before God as people who have changed from the inside, intrinsically motivated driven by a  new vision of ourselves. We are not the same people. Our purpose is to willingly redefine our relationship with God. We anoint and make God our king and subject ourselves to his divine commandments and guidance.

In order to create a new vision, says Rabbi David Lapin, we must sever ourselves from the past, because if we are still tied to our pasts, our pasts will hold us back and limit the extent of the vision we want for ourselves. We first create a future and then deal with the past. We first have an Elul and Rosh Hashanah and then a Yom Kippur. But ,if we don't deal with the past , the past will catch up with us. Once we have a new vision of ourselves, we  are in a position to reflect on our past with completely different lenses, and this leads to  having more remorse and a deeper  commitment never to repeat these sins. Without Teshuvah saying' sorry' is mere lipservice . Once we have  given  deep expression to these feelings of remorse and regret on Yom Kippur we can move on in the knowledge that we have  been forgiven and are new people  happy with our  new appreciation of life and our  relationship with God.

Rosh Hashanah and Yom Kippur are primarily concerned about our accountability to our creator for what we have done over the past year. Torah accountability is doing Teshuvah in an autonomous way and repenting. It is coming up with a better plan, solving problems and creating a new vision of ourselves and then dealing with the past by engaging in an autonomous way in the moral act of reparation and restitution. The outcomes are improved relationships between people, each other and God and a feeling that we are good people.

. When we talk about accountability in the context of politics and business, we hear about the need to be accountable and pay the price for failure or inappropriate behavior by resigning or serving a criminal sentence. Accountability for kids is then  just another reason for dishing out more punishments and consequences.

When our kids and students don't meet our expectations, we must remember that instead of traditional discipline and punishment , we have a  duty to support their autonomy and  guide them to do 'Te'shuvah. This means participating together with kids in CPS – collaborative problem solving process and allowing kids in an autonomous way to engage in the moral act of restitution and making amends. The litmus test -does the child feel self-directed , joy and simcha in doing Teshuvah, has a new vision for himself  and  has the  relationship and trust with my kid or student been enhanced.

'In an illuminating passage from her book Learning to Trust (2003), Marilyn Watson explained that a teacher can make it clear to students that certain actions are unacceptable while still providing “a very deep kind of reassurance – the reassurance that she still care[s] about them and [is] not going to punish or desert them, even [if they do] something very bad.” This posture allows “their best motives to surface,” thus giving “space and support for them to reflect and to autonomously engage in the moral act of restitution” – that is, to figure out how to make things right after doing something wrong. “If we want our students to trust that we care for them,” she concludes, “then we need to display our affection without demanding that they behave or perform in certain ways in return. It’s not that we don’t want and expect certain behaviors; we do. But our concern or affection does not depend on it.” -  from Beyond Discipline – A Kohn

If we want kids to engage in Teshuvah, we as parents or teachers have to choose between a focus on discipline or teshuvah.

The lesson of Rosh Hashanah and Yom Kippur is that ' Accountability ' is not about paying the price of failure or making mistakes. It is an internal and intrinsic process. It is  about learning from mistakes, creating a new vision for oneself, changing from the inside, engaging in the moral act of restitution and making things right. It is about peace,reconciliation and connection between man and God and man and man, man and his children and a teacher and his students.