Sunday, July 12, 2015

Our Generation’s Mechitza

Has Modern Orthodoxy lost its way?
We can’t begin to answer that question without a working definition of Modern Orthodoxy, something that seems to bewilder many people. I have always embraced the definition suggested by my teacher, Rav Aharon Rakeffet, shlit”a, that a Modern Orthodox Jew is “a Torah Jew in a Western milieu.” That seems about right, because the cornerstone – the foundation – must always be the Torah. The Torah Jew in a Western milieu will encounter challenges that he simply would not meet and require applications that would not be necessary in a more cloistered environment.
To read some of the reactions of the fringe Orthodox left – if they are even still part of the Torah world – to the Supreme Court’s recognition of same sex marriage is to conclude inevitably that a certain wing of Modern Orthodoxy has fallen out of the skies. Suggestions abound that as a result of the new ruling the Torah must change, that Torah Jews must accept this decision or be adjudged guilty of some unspecified moral outrage, that failure to embrace the homosexual agenda will lead to mass defections from Torah, that this sin is different from all other sins because it is popular in the circles of elitist opinion makers, that we should abandon our propagation of the seven Noachide laws, etc.  Really? It is fair to ask: Who are these people? Do they think that they are the very first generation of Jews that ever faced a conflict between the Torah and some “modern” value? Remember that ancient Greek and ancient Roman values were quite “modern” in ancient times. Indeed, every generation has faced a divergence between Torah values and some contemporary norm, otherwise there wouldn’t be a need for the Torah and surrender to the will of G-d would be superfluous.
The grave error they make is in perceiving modernity as the anchor – the pillar around which the Torah has to be manipulated and reformed. To put it in our language, modernity to them is the ikar (essence) and the Torah is tafel (secondary), G-d forbid.  Those attitudes give Modern Orthodoxy a bad name, and any Torah Jew would be justified in rejecting it.
There is another issue, however, that has drawn much attention and has emerged as the dividing line between acceptable and unacceptable interpretations of Modern Orthodoxy, and that is the matter of women’s ordination. Jewish and general newspapers are inundated on a weekly basis with reports of new ordinations, new hiring, and new candidates. It is as if a PR firm recommended that advocates flood the print media as often as possible – daily? –to give the impression that this phenomenon is growing in acceptance, is normative, and opposed only by a handful of sexist troglodytes who have moved to the extreme right where they belong and are best forgotten.
Far from it.
The inadmissibility of female ordination needs no prolonged discussion. (I’ve written extensively on it, including here .) It was so obvious to Professor Shaul Lieberman z”l of the Jewish Theological Seminary that he dismissed it 35 years ago as “a joke and mockery.” Orthodox Jews across the spectrum rejected it as heretical when Reform Judaism and then Conservative Judaism introduced women rabbis a few decades ago.  The title doesn’t matter, and too much time has been wasted creating and then arguing over various acronyms that all purport to do the same thing but, to some, in more palatable ways. I prefer honesty – truth in advertising. It is what it is. Let’s deal with it.
What is truly astonishing – even eerie – are the similarities between the intramural war over women’s ordination currently on the agenda and the battles over mechitza that were waged a century and then a half-century ago. It is no coincidence that the point of controversy is exactly the same: egalitarianism. It is the contention that men and women are absolutely equal and identical, and any distinctions made by law or custom must be discarded or amended to comply with a modern and progressive world.
Consider: The abolition of mechitza won support because their advocates asserted the need for “religious equality.” The Mechitza was viciously attacked in America by a Reform rabbi who claimed that putting women in a “cage” was an affront to religious equality. There was no reason for Jewish law to treat men and women differently, he opined. The year was 1855. Even he – David Einhorn – did not contemplate a female clergy and it would take another century before the Reform movement was willing to make that leap, also on grounds of religious equality. The same holds true for the ordination of women. It is all about equality.
Consider:  The abolition of mechitza was supported by some genuine talmidei chachamim, some of whom wrote learned treatises purporting to explain how the presence of a mechitza, while preferred, is not imperative. The same holds true for the ordination of women, except for the irony that there are more sources in halachic literature that preclude women rabbis than there are that mandate a mechitza in a shul, which, in fact, is not even mentioned in the Shulchan Aruch. There were proponents of mixed seating, but their view did not prevail over time as it was a minority and unpersuasive view. No one thought to say “eilu v’eilu.”
Consider: Many wonderful Orthodox rabbis served for decades in congregations withoutmechitzot, and other great – even legendary – rabbis took down their mechitzot for the Yamim Noraim in order to accommodate the larger crowds in attendance. So, too, there are a few well-known rabbis who have become the advocates for female clergy. Regarding mechitza, some of those older rabbis made their peace with it, and many never did, knew what they were doing was wrong and always longed for the day whenmechitzot would again grace their shuls. Why did they allow it?
Consider: The prevailing argument was that the egalitarianism of American society would never tolerate the separate seating of men and women, and it was underscored that women would widely abandon Torah Judaism and stop coming to shul if forced to sit in the aforementioned “cages.” The removal of mechitza was therefore intended to stem the tide of the alleged defection of pious women from Orthodoxy, what we would call today akiruv move. The exact same reasoning is applied here today – the expressed fear that if women are not ordained they will take their talents to the non-Orthodox movements and the Torah world will suffer a grievous loss. That argument either depreciates the Torah commitment of the modern woman or it is positing that the target audience is influenced more by feminism than it is by the Mesorah.
Consider: There are voices proclaiming that female clergy is by now entrenched in Jewish life because there are a dozen or so ordainees, and the Torah world – even the Modern Orthodox Torah world – has to accept that reality. But in the early 1960’s, there were more than 250 shuls without mechitzot that were members of the Orthodox Union, the OU. More than a half-century later, there is (I think) but one OU shul without a mechitza (a shul “grandfathered” in, literally; “if mixed seating was good enough for my pious grandfather, it’s good enough for me”). Every new shul that applies to the OU must have a mechitza. In the early 1960’s, there were dozens of members of the Rabbinical Council of America, the RCA, who served in shuls with mixed seating. Today there are, to my knowledge, none. (I assume there must be one or two, I just don’t know of any.) Indeed, employment in a mixed seating synagogue is a barrier to membership in the RCA. In the 1950’s and 1960’s, even RIETS dispatched its musmachim – willingly or unwillingly, above the table or beneath the table – to shuls without mechitzot, if only, technically, for brief periods of time. Today, I bet not.
In effect, this breach of Torah norms – the lack of mechitza – was effectively reversed within several decades. For example, some of those OU shuls put in mechitzot and some became members of the now-fading Conservative movement – but at least clarity was obtained and amita shel Torah preserved. It required a change in Jewish culture, a greater assertiveness and self-confidence on the part of Orthodoxy, and a recognition – undoubtedly driven in large part by the Young Israel movement and the more right-wing Torah world that burgeoned after the Holocaust – that we can adhere to Torah norms even in the face of a hostile dominant culture and even if the values of the “modern” world cause a measure of discomfort and dissonance to faithful Torah Jews. So be it. The no-mechitza culture was reversed also because, well, it didn’t work, and too many Jews who rightly perceived it as a compromise with Jewish law continued to compromise themselves completely out of Torah observance.
The same battle is underway today. The ordination of women – so obviously forbidden but deemed necessary because of modernity, egalitarianism, kiruv, compassion, or pressure – is the mechitza of our generation. The traditional Torah world – what we call the “right-wing” world – need not join the battle, except to lend its pressure from the outside, because they do not even hear the clamor. It is the Modern Orthodox world – Torah Jews in a Western milieu – that has to preserve its honor and its fidelity to halachathrough a protracted, visible, public and explicit defense of the Mesorah.
That means that the same institutions that waged the battle fifty years ago must redouble their efforts and ensure that this generation of Jews remains committed to Torah. It means that the OU has to clarify to its constituent shuls that hiring women with “ordination” crosses a red line – the equivalent of tearing down the mechitza. It means that the RCA has to firmly and unambiguously renounce the notion of female clergy, and distance itself in one way or another from members who have brazenly breached these norms in their eagerness to expand the role of women in Jewish life or their devotion to Western values – and their conflation with Torah values. It means that the Roshei Yeshivain RIETS have to impress upon the public and their disciples the gravity of the violation of Torah implicit in the institution of female ordination.
It also means that, sadly but invariably, those groups or individuals that continue to promote the legitimacy of female clergy will have excluded themselves from the Orthodox world, like their predecessors did – some of whom were also very fine people – who were passionate proponents of mixed seating.
This is not the place to discuss appropriate roles for women, something that has already been addressed at length in this forum. The issue here is focused: will the Orthodox rabbinate and lay leadership respond quickly, appropriately and forcefully to the mechitzacontroversy of our day, or will it wait a long fifty years – like they did with the mechitzaissue itself – before regrouping and reasserting the supremacy of Torah over Western values?
If they choose silence – or silent protest, which is tantamount to passive acquiescence – then they will have validated the right-wing Orthodox world’s traditional ambivalence, even iciness, towards Modern Orthodoxy. But if they choose to act, in concert and with the full weight of Torah authority, Mesorah and myriads of ModOs alongside them, they will delineate the appropriate boundaries for the Jew in the Western world and preserve the Torah for generations to come.
My guess is that they – we – will enter the fray, clarify what is acceptable and unacceptable, and join our generation’s battle for Torah, the honor of men and women, and the perpetuation of the Modern Orthodox ideal. Already the major organizations referenced above have a consensus approaching near unanimity that female ordination is an unacceptable breach of the Mesorah and places its proponents outside the Orthodox world. I trust that the coming struggle will respect all personalities but will focus on this critical battle of ideas – ideas that will determine the course of Torah for generations to come.

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