Thursday Nov 26, 2009

Center Field: The crime: Illegal enveloping in a tallit

Posted by Gil Troy
Comments: 28
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Just days after, in all probability, the first Jew since the oppressive Soviet Union collapsed was arrested for wearing a tallit and carrying a Torah, the outrage has dimmed. We have moved on to the next headline. But the Israel Police's obnoxious overreaching at the Western Wall last week was outrageous. The arrest of Nofrat Frankel in the women's section of the Wall, and, if reports are correct, the fact that she was held in custody for two-and-a-half hours, insults all Israelis who believe in the rule of law and freedom of religion, no matter how religious or non-religious.

What charge did the police consider while holding her - illegal enveloping in a prayer shawl? Premeditated praying? Unlicensed layning (reading of the Torah)? Now, the police claim they detained her for her own safety. But someone detained for her own safety would be held for two-and-a-half minutes at the Jaffa Gate police station, far from the Wall. Moreover, when extremist hoodlums attacked Elazar Stern, the IDF's human resources chief, and his family, at the Wall following the Gaza disengagement four years ago, the police showed they know the difference between protecting and arresting someone.

Yes, the situation is complicated. I would not encourage my daughters to parade in a tallit and carry a Torah in the women's section of the Western Wall, just as I would not encourage my sons to walk onto the women's side, despite the fact that for centuries Jews prayed at the wall, with men and women mingling freely. I support the compromise whereby women and mixed groups of men and women can pray at the Southern Wall - under Robinson's Arch, while the Western Wall Plaza follows the protocols of an Orthodox synagogue.

I believe the egalitarians got the better deal. I was bar mitzvahed at the Wall, and remember my mother and grandmother straining to watch. My daughter read Torah on the Thursday before her bat mitzvah under Robinson's Arch, and we all enjoyed an equal view. Moreover, the Western Wall plaza is sanitized, cleansed of its rocky, rubble-y history to accommodate thousands. The Southern Wall area feels more authentic, historic, with debris from the destruction 1900 years ago seemingly frozen in mid-fall. The compromise works - although freer access to the Southern Wall, and a greater effort by non-Orthodox Jews to visit this equally holy site would validate it more - even though I appreciate the current limited number of visitors preserves the shrine's charm.

It is unfortunate but understandable that Judaism's holiest site divides rather than unites. Both sides must remember that we are the product of our history, of the warring ideologies that still have not found a uniform resolution of the profound conflict between tradition and modernity. Still, while I would counsel Nofrat Frankel to respect the Orthodox side of the Wall, I remain appalled that the police used one of the state's ultimate powers - the power to suspend a citizen's freedom - when Frankel simply was asserting one of her inherent freedoms, that of religious expression.

Last spring, when Cambridge police arrested Harvard Professor Henry Louis Gates after an unfortunate confrontation, the president of the United States himself stepped in and asserted leadership. After first addressing the issue in a hasty, unproductive way, Barack Obama invited Gates and the Cambridge police officer who arrested him for a healing beer at the White House. Race flummoxes Americans as much as religion flummoxes Israelis. As the first African-American president, and Gates' friend, Barack Obama had particular insight and empathy. In Israel's fractured political system, with too many small parties holding the government hostage, Prime Minister Bibi Netanyahu - or any other leader - did not dare to wade into last Wednesday's mess.

This dodge is triply unfortunate. On religious questions and other issues, Israel badly needs the kind of moral leadership the President of the United States - of either party - frequently provides. Israelis must encourage their leaders, both through substantive political reform and a more subtle mandate, to tackle controversial issues and lead. Moreover civility cannot be assumed in a polyglot democracy with people originating from dozens of different countries, with varying political cultures. Civility must be cultivated. Political leaders can either serve as noxious weeds in the democratic garden or, when really effective, Miracle Gro.

Finally, the questions of religious freedom, separation of church and state, respect for women in Judaism, loom large in Israel-Diaspora relations - particularly among the most engaged non-Orthodox North American Jews. Rather than alienating them through foolish police actions, Israel should be working with them to establish strong multi-generational, cross-Atlantic ties.

Perhaps, then, with the Prime Minister shirking his duties to lead, the mediation should be left to the capable Diaspora Affairs Minister, Yuli Edelstein. Edelstein is a mensch, an observant Jew, with a commitment to religious freedom cemented by time in Soviet prisons. Perhaps he can reconcile both sides.

Meanwhile, the police officers - all along the chain of command - responsible for this stupid, outrageous arrest should undergo American-style sensitivity training - with a Jerusalem twist. I would sentence them, among other educational undertakings, to a Shabbat or two at Jerusalem's egalitarian synagogues, a short walk from their Jaffa Gate headquarters. Let them experience the joyous, skilled, female-led singing at Shira Chadasha during kabbalat shabbat, the easy equality among tallit-clad women at Moreshet Avraham or Kol HaNishma, the expert women's Torah readings, especially by bat mitzvah girls, at a growing number of Orthodox synagogues such as Yedidya. Perhaps, rather than just learning that women wrapped in prayer shawls and carrying Torahs should never be arrested, these officers might be inspired to embrace the model of dynamic, committed, pious joyous, egalitarian Judaism Nofrat Frankel was defending - and so many Israeli Jews and Diaspora Jews find so meaningful.

Gil Troy is Professor of History at McGill University on leave in Jerusalem. He is the author of Why I Am a Zionist: Israel, Jewish Identity and the Challenges of Today, and The Reagan Revolution: A Very Short Introduction.

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1  |   Jonathan - Jerusalem, Thursday Nov 26, 2009
Actually Jews praying - yes mouthing words - on the Temple Mount get into trouble with the police and this happens often - No need to look at the USSR. Israel's police and justice system capitulates to groups that are violent and makes their demands the law and makes what they don't like illegal.
2  |   george, Thursday Nov 26, 2009
You don't get it! You don't disrespect traditional ritual practise for the sake of your own ego and/or agenda. The Feminist agenda has already been accomodated by Reform jewry. Respect the Orthodox tradition.
3  |   Canadian Heeb, Canada, Thursday Nov 26, 2009
Interesting article but you lost me when you pointed to Obama's Harvard Police \ Beer Summit incident as "leadership". Without knowing the facts, he called the officer's conduct "stupid", suggesting that the incident was motivated by racism (which it wasn't) and then held a phony "Beer Summit", which added to the farce. If anything, his poor judgment detracted from race relations, and did not provide any "moral leadership" on the issue, as you suggest. This was not "leadership", Gil, that should be emulated by any leader, anywhere. Obama is no friend of Israel either.
4  |   Elizabeth, Thursday Nov 26, 2009
The woman was not arrested for wearing a tallit and carrying a Torah but for disturbing the peace at a holy site. She and her confederates were mounting a political demonstration that violated a long-established, judicially-approved arrangement for the conduct of non-conforming religious services at the site. In any other country the police would move to arrest a protester intent on provoking a disturbance in a public place, whether holy or not. The US Reform movement is intentionally misrepresenting this incident in order to accuse Israel of religious intolerance and further their own agenda.
5  |   PH, Toronto, Canada, Thursday Nov 26, 2009
Dear George: It is you who don't get it!!! Orthodoxy does not and should not have exclusive rights to the practice of Judaism. It is most unfortunate that in Israel, by holding the balance of power, the orthodoxy has been allowed to hijack justice, equality, democracy, human rights and all that is dear to civilization. I and millions of non-orthodox Jews respect the Orthodox tradition. Will Orthodox Jews, ever mature to respecting the majority?
6  |   Reform Jew, Thursday Nov 26, 2009
To end the chauvinistic orthodox discrimination against women - first : Divide the Plaza 50/50. That's only fair. To accomodate the ortho "sensibilities", build a very high wall on the middle with no chance of "peeking" over it. All ortho males on one side. All others, male and female, on the other half. Women who object to male presence (very few, I am sure) can pray at the Robinson Arch.
7  |   Leonard Oberstein, Thursday Nov 26, 2009
Gil Troy amply demonstrates that there are numerous venues where a woman can pray with a tallit or read from a Torah in Jerusalem. He agrees that the Kotel area has been designated as an orthodox area of worship and this is how the overwhelming majority of Israelis want it to be. If no one is stopping women from egalitarianism in others places, why "start up" and insult the sensitivities of others. I hear a lot of complaints about police brutality in Jerusalem. Maybe the Masortis can form a coalition with the Eidah Hachareidit to demonstrate against the police this Shabbat. That's achdut.
8  |   Manny in Montreal, Thursday Nov 26, 2009
The notion that the Wall is "holy" is totally bogus. It's merely the outermost retaining wall of some Herodian plaza. Judaism is not a religion of "holy sites," on the contrary: no spot on Earth remains "holy" forever in our religion -- not the site of Moses' bush or his mountain or his unknown grave or the grave of anybody else. Obsession over real estate and edifice complexes are simply NOT Judaism. Perhaps Troy might concern himself with the outrage to Judaism caused by Israel's separation/Aparheid Wall, which imprisons millions of West Bank Palestinians as it also carves away their land?
9  |   Shel Zahav in Jerusalem, Friday Nov 27, 2009
The author wrote, "[The arrest] insults all Israelis who believe in the rule of law and freedom of religion, no matter how religious or non-religious." Not true. I, for one, am an Israeli and it doesn't insult me. There has to be respect for religious places of all religions. WE cannot have everybody asserting his so-called individual rights where they offend tradition and 99% of the other people. A woman has a so-called right to go sleeveless into a mosque, but she shouldn't do it. Jewish holy places should not be held in lower esteem. If it offends everybody else and tradition, don't do it.
10  |   Shel Zahav in Jerusalem, Friday Nov 27, 2009
Rply to PH #5. You are so twisted. Judaism has exclusive rights. Reform is a modern aberration that wallows in assimilation. There is no Reform tradition, just tearing down of tradition. Reform is strictly American and Galut where Jews want to assimilate with the majority in peace and quiet. Reform is nothing but the waiting room.
11  |   Shel Zahav in Jerusalem, Friday Nov 27, 2009
Reply to Manny #8. Good point. FYI, the barrier is not supported by most religious Jews in Israel. It was proposed and built by the leftists so that they can continue to party in Tel Aviv without having to worry about terror attacks. As for your misuse of the term "apartheid" it is apparent that you don't know what that is, but you swallow a lot of leftist silliness that pretends to say anything while it doesn't. As for imprisonment, I do not see how Arabs of the West Bank are imprisoned as they are free to go to countries like Jordan at their will.
12  |   Arthur Taub MD PhD, Zurich, Switzerland, Friday Nov 27, 2009
Neither "site" nor "grave" in Israel or in any other place on Earth, including the Western, or any other, Wall, is, in this day, and in this age, "holy," in Judaism. No special location is requisite for individual prayer. The Wall can be designated an outdoor synagogue, or synagogues, at will. It is a matter for deliberate, public, legislation. The "Palestinian" Arabs are not " imprisoned," nor do "they" (rather than individuals) possess "land." Provocative "demonstrations" and rhetoric, whether "Chareidi" or "Egalitarian," or "secular," are inappropriate in a maturing society.
13  |   george, Friday Nov 27, 2009
#5 You also don't 'get it'!!!!It's not about exclusivity, it's about respecting long established religious ritual and practise. If you and Frenkel want to promote a feminist and homosexual agenda at a holy site, don't whine like little babies when you're faced with the consequences.
14  |   Miche Norman Hod Hasharon, Saturday Nov 28, 2009
Shel Zahav - Reform is the mainstream of Judaism - most Jews are not orthodox, and the Haredim are indeed an interesting sect that is an aberation, an offshoot of Judaism. Your comments are based on nothing other than ignorance. Judaism throughout the ages has adapted, none of us know what is right we merely beleive. As a reform Jew I do not beleive that I am worthy of speaking in G-ds name, and I would not dream of putting my words into his mouth - it is a pity that you do not exhibit the same degree of humility. One day we will both meet our maker, only then will we know who is right
15  |   George, Saturday Nov 28, 2009
Miche norman, you are delusional. The mainstream in Israel, where the future of Judaism lies, is modern orthodox which attracts the majority of israelis. More importantly, the overwhelming majority of young, married Jews. Reform is the product of the assimilators and will no doubt continue where the Jewish community is declining: everywhere in the West and America.
16  |   H Peskin -montreal, Quebec canada, Saturday Nov 28, 2009
Ask any orthodox individual if in the event of said individual being struck down by serious illness and being wheeled into the emergency dept of a hospital which of the following would he prefer; a) an immediate recitation of the traditional Mi Sheberakh prayer. b) urgent medical intervention. The obvious answer says it all. Ask your devout, observant business man who prays constantly for a successful and healthy life, Why must it be necessary for him to take out insurance?. That pretty well deliniates the difference between religious superstition and rationality.
17  |   Baruch Mordechai - USA, Sunday Nov 29, 2009
Someone once asked rhetorically, "Who said that the best in Judaism is what the men do?" Why do the assimilationists believe that Talis and Torah reading trump lighting candles? This story crystalizes the tragic flaw in the Jewish women's movement - heinous envy! The issue here is not whether the assimilationists can wear a Talis or lain from the Torah publicly. The issue is whether they have the "right" to offend the sensibilities of others with an "in your face" demonstration. Go into any Muslim or Christian country and offend religious sensibilites and see what happens. Geh en drerd.
18  |   Baruch Mordechai - USA, Sunday Nov 29, 2009
Someone once asked rhetorically, "Who said that the best in Judaism is what the men do?" Why do the assimilationists believe that Talis and Torah reading trump lighting candles? This story crystalizes the tragic flaw in the Jewish women's movement - heinous envy! The issue here is not whether the assimilationists can wear a Talis or lain from the Torah publicly. The issue is whether they have the "right" to offend the sensibilities of others with an "in your face" demonstration. Go into any Muslim or Christian country and offend religious sensibilites and see what happens. Geh en drerd.
19  |   Squall, France, Sunday Nov 29, 2009
H Peskin >> No you dont get it. It is forbidden in judaism to let yourself die. It says NOWHERE that God will provide for everything : you must eat, drink and sleep if you want to live. Same thing when you get sick, you need to do everything in your power to heal. If you pray but stop eating/drinking, it means that you dont really want to get better, but that you just want to test God....
20  |   Shel Zahav in Jerusalem, Sunday Nov 29, 2009
Reply to #14. Well, don't you live in a bubble!. Reform, by its own reckoning, is losing members rapidly. In most "Temples", the active so-called Reform Jews are not Jewish at all! In Israel, Reform almost doesn't exist. As for speaking in God's name, nobody should do that. God gave us the Torah and the prophets who spoke his words. We must cling to them, learn them, quote them, and try to live by them. Reform Jews need to learn about Shabbat and Kashrut and keep them. God said that he wants this. We know this is right in this world; we don't have to die to find out.
21  |   Jonathan, Sunday Nov 29, 2009
While Troy clearly lays out the case that the police behaved badly, he fails to state that Orthodox halacha, from the earliest days of the gemara notes that women may wear tzizit, should they wish to do so although they cannot be required to. Rabi Yehuda HaNasi is noted to have affixed tzizit to the garments of the women of his household. Only reactionary, later day halacha or the galut starting with the Rema alleges that women should not wear tzizit. While it is reasonable to argue that nobody, male or female should violate orthodox halacha at the kotel, this woman was not doing so.
22  |   Gravity Canada, Sunday Nov 29, 2009
A serious breech of tradition and decorum by, basically, troublemakers.
23  |   Shmuel, Israel, Sunday Nov 29, 2009
There are indeed holy locations in Judaism: The Temple Mount, and the four cities which are considered holy (Jerusalem, Hebron, Safed, and Tiberius). There are more stringent halachot about Jerusalem because it is holy (a husband can coerce a wife to move there, and vice versa, for example). The Western Wall, while outside of the Temple Mount, is part of Jerusalem, and the Wall itself, according to tradition, was built using the money of poor people. That's why it is still standing today. A bit of respect to a holy place is the least we should demand of everyone.
24  |   Aviva ISRAEL, Sunday Nov 29, 2009
You make her sound so niave, as if she didn't know exactly what she was doing. She was not trying to practise her freedom of religion, she was trying to stir up trouble. Obama is a good example, an example of what not to do. He is a smart guy who is in way over his head and has no idea about the real world, and no relavance to this incident.
25  |   Valerie, Sunday Nov 29, 2009
The site of the wall is part of the Temple which the Lord promised would be a place of answered prayer...and many have found that to be so, but as the Lord God of Israel is onmiscient He answers prayers anywhere according to His precepts not ours! I think womens prayer shawls are wonderful, I wear mine quite a lot - I did wear it to church once and said to our Pastor this is not because I am dressing up, but to remind us of Israel and that like an abused woman she must stand in the shadow of the Almighty Psalm 91 and not appease her persecutors, but know her true value....
26  |   Liz, Johannesurg, Tuesday Dec 01, 2009
Valerie, do you understand halacha? The point is, the Torah and teachings of our sages are not open to debate. Unfortunately the type of misguided, egoistical, irreverent attitude, which is exemplified by the behaviour of this woman, are illustrations of someone either too lazy or too ignorant to learn what is required of a religious Jew. Cherry picking from the Torah is not an option.
27  |   Roddy Frankel, Thursday Dec 03, 2009
Q: Why doesn't Nefrat Frankel wear a talit and barge into an Orthodox shul? A: Because it would be disrespectful. Even if she doesn't observe or believe in Orthodox Judaism, she would still have the decency to show respect and permit people to pray in peace. So why does she try to turn the kotel into a political circus? Would she like it if Orthodox Jews, or perhaps Jews For Jesus, disrupted her congregation's services? A little common sense is in order here.
28  |   Cember, Thursday Dec 03, 2009
@#29: You are wrong. Not only is the Torah and the teachings of our sages open to debate, but it is a positive mitzvah to take part in the debate. While a religious woman can't be expected to have any knowledge of the Talmud, you certainly know that, on Pesakh we are told that the more one discusses/debates the meaning of the exodus from Egypt, the greater credit we accrue. If what you say were true, Rabi Gamliel wouldn't have made it into the Hagadah
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Center Field McGill history professor Gil Troy - a passionate moderate - looks at the American presidency, American history, Zionism, Judaism and Israel today.

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Reuven Ben-Daniel, Israel: The reason for anti-Semitism is that the gentiles,so called Christians hate Jesus,because they still yearn for their pagan gods and way of life. And they cannot come into the open, so they reflect their hates towards the Jews. At the time of the 2nd. Temple tens of thousands of gentiles converted to Judaism, because they were sick and tired of their pagan culture. But with the adoption of Christianity as the state religion by Constantine,the pagans converted against their will.From that time they had a burning hate towards the Jew Jesus.
barbara shapiro teaneck, nj: Gil, instead of writing that the refurbishing decision does not affect the political status quo of the areas, you are choosing to preempt negotiations by saying that we should say, "we are willing to give those up for peace." Tell us your view in that context re Jerusalem's Kotel, another heritage site denied to us to visit while in Arab hands.
barbara shapiro: Gil, with friends like you, who needs enemies. To think you are advocating for the Jewish right to refurbish our religious sites while omitting critical points is less than helpful. You could have included that, as Netanyahu said, Israel helped refurbish the Arab part of the Cave of the Patriarchs. You could have reminded people, as did Isi Liebler, that it is only since these sites have been under Israeli jurisdiction that they have been accessible to all faiths. You could have said that under Arab control Jews were forbidden to go to even the KOTEL. And remember Joseph's tomb?