USCJ Review - Spring 2004
Halakhah – Evolving and Binding
Halakhah — Jewish law — plays a significant role in the ideology and principles of the Conservative Movement, and committed Conservative Jews identify their movement with the mantra “tradition and change.” We have succeeded in creating an evolving body of halakhah. It reflects the best of a process that synthesizes Jewish sources and values, applying them to conditions in our society. We need not apologize for our approach, for it emulates with integrity the practice of our ancestors.
“Tradition and change,” however, is based not only on the principle of an evolving halakhah, but on one that is binding as well. Although we have created a halakhah that evolves, we have not yet succeeded in creating commitment to it. In the life of most Conservative Jews, halakhah does not represent “obligation.”
The sad truth is that halakhah — which is a foundation block of our ideology — is irrelevant to most Conservative Jews. It’s not that they reject halakhah, which would imply that they think about it. Too few feel it relevant enough to consider for their lives.
At our last Convention, I proposed a Compact of Commitment for Conservative Jews, based on the premise that we need to motivate commitment to increasingly live a life of Jewish values and practices. I am delighted by the number of individuals who have begun making this Compact. There are thousands who receive rich “Compact material” monthly over the Internet. Nevertheless, that is only a drop in the bucket.
Solomon Schechter had a clear vision of what Jewish living and synagogue life should be. Although that vision has not yet been fully realized, we have made great strides in creating innovative, movementwide programs that engage our diverse membership. And we celebrate today the positive steps taken by creative and dynamic congregations. Schechter would have been proud of their varied, stellar achievements. The Solomon Schechter Award winners represent congregations that have not only strived for excellence but have reached it. Schechter would have been proud; but he would not have been satisfied.
The programs we recognize today are worthy of honor; and each step towards living a more complete Jewish life is praiseworthy. But let us be clear: This does not necessarily represent commitment to halakhah. To be committed to halakhah implies an attitude that the laws and values apply to you personally; and even if you are not yet observing halakhah, you are striving to do so. If we are a Movement linked to halakhah, then the goal must be for each member to feel guided by Jewish law. Many Conservative Jews do observe various practices that they find meaningful. But that is not halakhah. For in law, one does not choose or reject a behavior based on whether or not one finds meaning in it.
Commitment to halakhah means living a system of mitzvot woven together as a fabric. The observance of any one mitzvah is a wonderful beginning and should be encouraged. But it must not be an end. We must support each congregant, wherever he or she begins the journey — but it is also our responsibility to inspire lifelong continuation on the path to greater commitment. Inspiring souls is not easy. It requires conscious effort and hard work. We must not be discouraged by the fact that there are Conservative Jews who live “outside of halakhah.” The absence of their total commitment is our challenge. We must inspire them to want to change their lives.
Frequently, as I travel to congregations throughout North America, I am asked “What is it that Conservative Judaism stands for? What distinguishes us from the other movements?” While there are many ideological differences, the one practical difference must be in the way that we live halakhah. For some Jews, halakhah is binding. For others, it is evolving, or maybe even irrelevant. For the Conservative Jew, the goal is to make it both evolving and binding.
I have intentionally avoided reference to “the” halakhah, a phrase fundamentalists use. There is not one body of Jewish law to which everyone agrees. That our halakhah differs from the halakhah of others follows the rich precedent of our ancestors who differed — sometimes widely — in interpretation of halakhah and daily practices. Nevertheless, halakhah structured their daily behavior and determined how they lived.
In discussing whether the School of Hillel or the School of Shammai was truly right in their debates, the Talmud teaches that “both are the words of the Living God,” even though the halakhah usually follows the teachings of the School of Hillel. I am struck by the fact that the Rabbis of the Talmud believed that the reading of the Torah could yield differing and inconsistent rulings and acknowledged the existence of divergent understandings of texts. There was individuality of thought and belief. But, in the end, the community determined one position as binding. As Conservative Jews, we have a right to choose an interpretation of halakhah based on personal understanding of the texts, but ultimately, it is critical that we obligate ourselves to live by that chosen interpretation. To quote the late legal scholar Robert Cover, “One might have independent and divergent understandings of the obligations imposed by God through his chosen people, but one could not have a world view which denied the obligation.”
Our mission, indeed, our responsibility, is to motivate Conservative Jews to begin to live their lives based on halakhah. I want to suggest five concrete steps that we can take.
First, we must educate Conservative Jews as to the importance of halakhah. For many, Jewish law is seen as a foreign term. We must create the language to introduce congregants to halakhah in a meaningful way that will let them hear the message. Regular sermons, classes, and programs on halakhah must become a prominent part of the synagogue agenda. An occasional mention will only be perceived as tokenism. If we really expect Conservative Jews to live their lives according to halakhah, we must devote resources to patiently teaching its importance and sensitively inspiring an appreciation of its value.
Second, we must challenge congregants to commit their lives to a structure established by external forces: halakhah and mitzvot, through which the Jew forges a connection with God, the ultimate Commander. As Rabbi Elliot Dorff has stated, “Jews are supposed to obey the commandments because they are commanded by God to do so.” Whether one views mitzvot as emanating directly from God or from humans inspired by God, accepting halakhah will inevitably require a gradual change in routine. If we really expect people to modify their lives, it is our responsibility to demonstrate how that change will enrich their relationship with God. What makes living a life based on halakhah challenging is that what we want to do is not always what halakhah permits. It is easy to follow halakhah when the law prescribes the behavior that we want. We must motivate Conservative Jews to follow halakhah precisely at those times when they would prefer not to. Some are reluctant to articulate the “obligating nature of halakhah” for fear of driving away members. I want to submit that without a sincere and active program to inspire Jews to make halakhah an integral part of their lives, we will be disingenuous regarding our mission — and, more importantly — we will encourage the many Jews that we do inspire to take us seriously to seek congregational affiliation outside of our Movement.
Third, we must develop the tools to impassion Conservative Jews to stretch their souls and choose a life of halakhah. Few will choose a life based upon rules unless they see the value in doing so. We must inspire Jews to perceive halakhah and mitzvot as an opportunity to enrich their personal lives rather than simply to fulfill an obligation to their heritage. Without convincing Conservative Jews that their own personal commitment to halakhah will make a positive difference, we will never create communities where halakhah and mitzvot are taken seriously. Halakhah answers vital questions of the spirit, but our congregants do not ask the questions. It is our responsibility to challenge their souls so that they will want to ask those questions to which halakhah is the answer.
Our fourth task is to reorient Conservative Jews towards community. We live in an individual-centered society. People focus on their own needs and their personal desires. But halakhah is not about the individual. What halakhah conveys is: “You are important, but you are not the center.” Halakhah is most meaningful when lived in community. We must, therefore, re-establish links between the individual and the community. That will not happen serendipitously. Congregations must build those communities. We must devote the resources to form havurot — small, close-knit groups within our congregations, such as those envisioned by Rabbi Harold Schulweis decades ago. We must help congregants to bond, fostering mutual reinforcement. It is when the Jew experiences the power of relationships with others that he/she will choose to submit to community norms.
Fifth, we must make this task a longterm responsibility. No matter what strategies we employ, there will not be instant success. It will take time and resources. On occasion, we will be frustrated. But we must not give up. What is required is persistence.
Like most of you, I fly many airlines each year. Inevitably, before take off, there is a message on airline safety, the use of the seat belt, the prohibition against smoking, and the use of electronic equipment. Sometimes the message is presented by a live attendant. Occasionally, I hear an audiotape while airline attendants demonstrate the procedures, or I see a video presentation. Yet the message is always the same. It may be presented differently and the script may vary, but there is no apology for the repetition.
Now one could argue that most individuals have heard the message many times. Still, those in charge know their responsibility for making sure it is in our consciousness. They make no apologies for persistence. Nor should we.
The leadership of the United Synagogue accepts the challenge to begin developing materials for use by congregational leadership to effectively educate and inspire Conservative Jews. Together with International President Judy Yudof, I am pleased to announce the formation of a new commission of rabbis, educators and laity to coordinate the creation and utilization of appropriate tools to effectively stimulate our constituency to grow in their commitment to living an evolving halakhah that is so integral to the ideology of our Movement. I am excited that the lay leadership, the rabbis and the educators with whom I have spoken not only recognize the problem but are grateful to be part of the solution.
We have come a long way in the 90 years since Solomon Schechter dreamed his dream. The time has come to gird ourselves to face the challenge to complete Schechter’s dream: to create a vibrant community of Jews committed to a halakhah that is both evolving and binding.
