Wednesday May 28, 2008

The Sephardi Perspective: It is time to decide

Posted by Ashley Perry Perez
Comments: 65
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There is a battle raging in Israel that has long been simmering just below the surface of the mainstream Israeli perception. However, recent events have meant that the dispute has reached such a magnitude that it has become well known to even those outside of its parameters.

Recent accusations against Rabbi Haim Druckman, head of the Conversion Authority that have since led to his being dismissed from his position, have opened this simmering dispute into something akin to an all-out rabbinical war.

For those who are not aware of these latest events: basically a ruling by a panel of High Rabbinical Court judges upholding an earlier decision by the Ashdod rabbinical court retroactively annulled a woman's 15-year-old conversion to Judaism by Rabbi Druckman. The issue was that it was felt that Rabbi Druckman had converted someone that he supposedly knew would not lead a completely observant lifestyle.

The ramifications of this hard-hearted decision are immense. Not only has the Jewish legal status of the woman involved (and her four children) been annulled, the genuineness of thousands of other conversions under Druckman's authority has been willfully cast into doubt. The ruling could also raise doubts about conversions conducted abroad by non-haredi Orthodox rabbis.

This attack on Rabbi Druckman's credentials was led by Rabbi Avraham Sherman, a haredi judge who sits on Israel's High Rabbinical Court, the most senior rabbinical body in the state. This is the same rabbi who recently ruled that a deaf person cannot convert because they can't fulfill mizvot.

The dispute can improperly be described as a dispute between haredi and Dati, between the so-called 'ultra' Orthodox and the 'modern' Orthodox. However, these are artificial descriptions in the current conflict and the reasons behind it.

The real conflict is between those observant and religious members of society who take into account the whole, and those who see no virtue in relating to society outside of their own highly parochial community. It is between those who see themselves as part of society with all its faults, trying to raise the standard as they see it, and those who have no social responsibility and are glued to the letters on the page of halacha without glancing up to see the living vibrant but imperfect world around them.

These are the same people who will call for people to take to the streets and riot because a couple decided to marry without the father of the bride's permission. However, where are the demonstrations against the recent cases of child abuse in certain sectors of the religious community?

This latest episode has created a backlash like no other. One of the foremost Sephardi rabbis in America, Marc Angel, reprimanded the decision in the strongest possible terms:

The outcome is morally repugnant, and is an outrage to Rabbi Drukman and his colleagues who are attempting, within the confines of Halacha, to resolve a fundamental challenge to the social and religious well-being of the Jewish State - the religious integration into the Jewish People of hundreds of thousands of Russian non-Jews living in Israel as full citizens, loyal to the State and to the People of Israel."

Rabbi Angel has pinpointed the issue at stake. The fact remains that there is a problem and there are brave rabbis who feel that we have to confront the issue head on rather than ignore it and shrink back to the confines of the Bet HaMidrash (religious study hall).

The same people, who do not serve in the army, do not undertake national service, rarely work and don't pay taxes should not be in charge of issues dealing with the state and its future.

However, there are the beginnings of a major backlash against those who seek to have control over much of our lives without understanding or contributing to wider society.

Asher Maoz, a teacher of law at Tel Aviv University, said "Rabbi Druckman may have one fault: He has the "deficiency" of loving the Jewish people and a sense of responsibility for the Jewish people. I thought that the Torah commanded us to have such characteristics. It turns out that I was wrong, at least according to the three respected rabbinic court judges."

Maoz continues to suggest that he and people like him have had enough of the current situation, "And now they have thrust the divorce papers in our faces."

Respected Rabbi Benjamin Lau took an even more belligerent tone in an open-editorial titled 'Free Israel!'

"Religious Zionism has so far been restrained in its criticism of the ultra-Orthodox, out of a feeling of respect for the Torah sages and a desire to maintain a united religious camp. No longer! In honor of the state's 60th birthday, we must free Israel, strengthen the Zionist camp - including among the religious - and establish religious services and religious courts that are fundamentally identified with the values of the country in which they operate.

"There are many rabbis in Israel who served in the army, sent their children to the army, and are full partners in all the challenges of Israeli society. The country deserves to have religious court judges who are committed to its future and its fate, and to free itself of judges estranged from the public."

Apparently some of the major rabbinical figures in the religious Zionist community have been meeting to decide how to react to this massive slap in the face.

This is where the Sephardim should make a decision.

Chief Sephardi Rabbi Amar was noticeable by his equivocation on this issue and tried to show that he was in favor of either side in the dispute. As Chief Rabbi, Amar could have unequivocally arrived at a halachic opinion to overrule the High Rabbinical Court.

This is a very un-Sephardi position to take. A previous Sephardi Chief Rabbi, Benzion Uziel ruled on a similar issue of conversion in the early years of the state:

A would-be convert is informed of the basic principles of Judaism, namely, the unity of God and prohibition of idolatry, and that is what we dwell upon; whereas regarding the undertaking to observe the mitzvot, we only mention a few of the mitzvot and emphasize that 'Before your conversion you were not culpable for violating such things as eating non-kosher foods, etc...The Beit Din does not need to know whether he will observe them. Otherwise you would close the door on all conversion, since we can never know what he will do. From this it is clear that conversion is not dependent on any future observance.

"From the words of our sages it is clear that as long as the convert is sincere in his wish to convert, even though he may very well not be strictly observant once converted, it is still a mitzva to convert him."

"Our sages went so far as to state that God exiled His people for the purpose of bringing more people into the fold. In our age, to place obstacles in the way of converts is a dereliction of our responsibility."

This is a true Sephardi worldview. Sephardim, as I have mentioned in another article, do not tend to split themselves into groups and do not avoid interaction with those who think differently from them.

Even the Sephardi haredi will be close to many members of their family who are not haredi and this should provide them with an understanding of the outside world. The Sephardi Jew is bound by the words of the Rambam who demands that Jews follow the 'Goldan Path' and the 'Middle way' between either ends of extremism.

We should not sit idly by and let the future of Israel to be dictated by those who care little for our nation as a whole.

It is vital that Sephardim decide which side of this debate to take. The time has passed to equivocate and call for an artificial unity in a cowardly manner; it is for the sake of the unity of Israel as a whole that we have to bring religion and its effect on our lives back to the place where it has historically been.

Our Sephardi ancestors would never have tolerated such a usurping of Torah for such parochial matters. Sephardi rabbis historically held professional positions outside of the rabbinate so they could best understand the needs of their community. We should demand a rabbinate that can guide the spiritual and moral compass of all of Israel while understanding the every day realities of life in our state. On the 60th anniversary of the reestablishment of our ancestral home, we deserve nothing less.

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1  |  Chas N-B, Wednesday May 28, 2008
I found this really interesting. I had no idea about the Sephardi view of conversion being this way.
2  |  Miriam, Jerusalem, Wednesday May 28, 2008
I completely agree! The power is held by these corrupt figures who are marring Judaism. Thank you for bringing this to our attention. You wrote: "We should not sit idly by and let the future of Israel to be dictated by those who care little for our nation as a whole." So what do you suggest?
3  |  willi, tel-aviv, Wednesday May 28, 2008
converstion is the right of anyone. no rabbi, court, or governement office has authority to decide who is a jew and who is not. its in the heart, not on the documents
4  |  Alan, Silver Spring MD USA, Wednesday May 28, 2008
Mr. Perry Perez' views are, as usual for his writings in the JPost, like a breath of fresh air, in this case clearing away some of the pollution emanating from the Lithuanian haredi court.
5  |  Haldrik, Miami, Wednesday May 28, 2008
This article is well said.
6  |  Ashley Perry, Wednesday May 28, 2008
Miriam #2 I would say we should support the creation of any religious institutional body that is taken out of the hands of those i specified above. We should also support existing organizations like Tzohar which seek to assist all Israelis to encounter a religious event in an appropriately sensitive manner. I am not talking about cutting anyone off or ostracizing them; I merely call for state institutions to be in the hands of those who care for the state and its people, whether dati, haredi, traditional, secular or other. We should demand nothing less from our leadership.
7  |  Aryeh, Brooklyn / Jerusalem, Wednesday May 28, 2008
To be fair Ashley, not all Sephardic communities perform conversions. The cousin of Rabbi Angel, for example, the Rav of a prominent Syrian community and Rosh Yeshiva of the first Sephardic Yeshiva Gedola in the Western Hemisphere, is a signatory of the gezeira prohibiting the marriage of community members to converts to avoid the issue of false conversions altogether and to preserve the large numbers of Cohanim in the community. Moreover, how is meritorious at all to convert a Jew whose lack of observance will weigh against our mitzvot? CONVERSION IS NOT A RIGHT!
8  |  Raphael Nemetsky, Wilkes Barre, PA USA, Wednesday May 28, 2008
To Chas N-B: Conversions can only be implemented in a Bet Din. Also, Mr. Perez, since when did army service or paying taxes have a bearing on erudition? The rabbis in the talmud did not serve in the army of their day. Finally, why not ask the question of those who imported hundreds of thousands of non-Jews in order to counter the rising Haredi population? They preferred non-Jews to religious Jews. Now they have what they sought and they complain to those who won't solve the problem they created.
9  |  Simcha -- Deal, NJ, Wednesday May 28, 2008
Very well said and I agree a hundred per cent. The need to bring the multitudes of non-Jewish Israelis who sincerely want to be part of the Jewish Nation (and not necessarily fully observant) is perhaps the biggest problem facing Israel today. Although I share the author's view of the historical approach of Sephardic scholars to this problem, I see far too much evidence currently that the Sephardic Haredi community is as intolerant as its Ashkenazi bretheren, if not more so; witness the injunction against marrying a convert widely enforced in the Bklyn-Deal communities.
10  |  Ezra, Brooklyn, N.Y., Wednesday May 28, 2008
Conversion to our sacred religion is purely a religious matter that must be left to the careful discretion of our qualified Rabbis. It is not a political decision at all. A ger is deciding to accept the yoke of the mitzvot, not to become a better "Israeli."
11  |  Spanish and Portuguese Jew from Gibraltar, Wednesday May 28, 2008
Ashley, you claim to have been raised as part of the Bevis Marks community. It is no secret that Dayyan Dr Abraham Levy, the Chief Sephardic Rabbi of England does not perform conversions. How can you make the claim that Rabbi Amar's position is "unSephardic" whilst at the same time claiming to have been raised into that very same tradition??? Maybe you should write a bit about your Mum because it does not seem from much of your journalism that you were raised as you claim to have been.
12  |  rdc usa, Wednesday May 28, 2008
you are anice person but you don't know what conversions are all about much less how a halachic decision is decifered from the thousands of responsa throughout millenia Also you have avery simplistic view of what a sephardic ruling is as opposed to an ashkenaz one This is not a social issue it is a halachic issue steeped in talmud and responsa. Briefly in tactate nidda there are very strong ststements against accepting converts Jews are not in that business I wish all world religions had adopted this rule regarding the jews A lot more of us would be alive today. No crusades,no pogroms,no inquisi
13  |  leah channah, Wednesday May 28, 2008
I am the victim of a Ashkenazi rabbi, educated in Baltimore, who RETROACTIVELY invalidated my mothers conversion 35 years after she converted with a beis din in 1946! I was held hostage and forced to undergo a conversion to 'erase the doubt' as the beis din, European Jews, were nifter and my mother wasn't as mitzvah observant as he wanted! I was ignored for five years, @ age 40, my fertile years quickly passing me by, I was given no paperwork, the beis din never signed papers, there is no proof that I 'converted'- meanwhile, I am barren and married late, held hostage ,my pleas ignored 5 yrs!
14  |  Sephardic, Wednesday May 28, 2008
As 1 in 6 Sephardic children goes to sleep hungry each night and half of all Sephardic Israeli families live below the poverty level do you SINCERELY believe that millions should be spent scouring the world for Gentiles to bring to Israel a the at 90,000 NIS per head to then support for 4 months of ulpan and 10 months of Conversion Institute? As an Anglo with an Ashk, sounding surname, you remain distant from Sephardic poverty and the effects of anti Sephardi racism in Israel. Your viewpoints are not those of Israeli Sephardim only those who wish to replace Arab Jews with Hispanic Xtians.
15  |  Proud Sephardi - USA, Wednesday May 28, 2008
Ashley - great article. Perfectly stated. The problem I see in Israel and the US is that observant Sephardim are lining up with the Haredi/Ultra-orthodox brand of Judaism propounded by Ashkenazim. Sephardim clamor to send their children to their schools in Israel and even the Sephardi kolels are modeled after the Ashkenazi-Haredi approach. Just look at the garb of many Haredi-Sephardim - black hat and suit, and even that silly black coat with a belt. Why do we want to emulate their brand of Judaism? Why? I blame us Sephardim for wanting to gain the approval of Lithuanian-Haredi-Ashkenazim .
16  |  Mark, Wednesday May 28, 2008
It is sad that haredi bullies have such sway over "orthodox" Judaism. In my experience, the bulk of "modern orthodox" Jews in the U.S. truly beleive that the haredi Litvak world-view is the correct one and that "moderns" are not fulfilling the Torah properly. They cede power to the haredi world by taking this view -which reads the Rambam, R’ Uziel, and those in between, right out of Jewish history. Hacham Ovadia has taken a stance on the issue, but sadly only indirectly as yet. See http://www.jpost.com/servlet/Satellite?cid=1211872837431&pagename=JPost%2FJPArticle%2FShowFull
17  |  Joe, London, Wednesday May 28, 2008
I agree with the general drection of Ashley's argument, but I suspect quite a lot of Haredim do work and do pay taxes. I suspect there are quite a few Sephardi Haredim, judging by the issue of discrimination in the Beth Jacob schools. Don't assume Rav Elyashiv supported this High Rabbinical Court ruling. He may have disagreed over the Conversion Authority but I can't see him retroactively revoking thousands of conversions, including those of children born after their mothers converted. This ruling is a complete breakdown of natural justice and halachic decency.