Wrestling with the New Teshuvot

Rabbi Paul Arberman

Modiin, Israel

Wrestling with God and Man

This week, our community has surely, as it says in parshat Vayislach, wrestled with God and man.  We wrestled with God and man to develop a new way to understand Jewish law's approach to gay and lesbians. 

 

First a quick explanation of what took place.   Two teshuvot/Jewish legal opinions-- one authored by Rabbi Joel Roth and the other, authored by Rabbis Elliot Dorff, Daniel Nevins and Avram Reisner, were passed.  Rabbi Roth’s responsum reaffirmed the opinion which denied rabbinical ordination to active homosexuals and also prohibited same sex commitment ceremonies or marriage.

 

However, Rabbis Dorff, Nevins and Reisner, argued successfully for the full normalization of the status of gay and lesbian Jews. Under this ruling, gay and lesbian Jews may be ordained as clergy and their committed relationships may be recognized, although not as sanctified marriage.

 

So – yes, you can have two opposing Jewish law opinions accepted by the Committee on Law and Legal Standards of the Conservative Movement.   It means that each rabbi may decide whether or not to perform commitment ceremonies for gay or lesbian couples.  It also means that each rabbinical school has available to it the possibility to accept gay rabbis – but they don't have to.

 

It is generally thought that the Ziegler School of Rabbinic Studies at the UJ in California will very quickly begin to accept gay and lesbian students; that Schechter Institute for Rabbinic Studies in Jerusalem however,  which follows the decisions of the Masorti law committee in Israel – will probably not accept them.  The Jewish Theological Seminary will,  after some extensive discussion of the matter will probably decide to accept – although I can't guarantee that prediction.

 

But for me the question is not only what was the outcome of the decision, but also, how do we emerge from the debate? Were we, like Jacob, wounded by the struggle -- or did we emerge stronger than before? 

 

If you liked the decision to accept gays and lesbians - then there isn't so much of a problem for you. 

 

And if you don’t like this new turn in halakha that the Movement has taken, then, of course, you can hold by the opinion of Rabbi Roth – it goes without saying that it is a respected and learned teshuvah that will remain on the books. 

 

In reality, though, I should point out that the once the gates are opened, it is very difficult to turn back the tide – gays and lesbians will now be leaders and teachers and rabbis in our community.  

 

So what if you think it is too radical a change to have this liberal opinion on the books?  What if you think the Movement has gone too far?

 

I could point out that, traditionally, we are still supposed to follow decisions of the rabbis of our community that we are convinced are incorrect.  Our tradition holds that "Even if the sages rule that the right is left or the left is right, one is obligated to accept their word."  (Deut. 17:10-11) Traditionally, this complete acceptance is based on the belief that our sages/rabbis are endowed with the spirit of God so they are not likely to make mistakes.

But, again, let's be honest, of course some of us are very happy with the decision - and some of us are very unhappy.

One story of Rabbi Joshua from the Talmud, and one hassidic story have helped me think about what the message of this week should be.

The Talmud recounts the story of a major dispute between Rabban Gamliel and R. Joshua. (Rosh HaShana 25a) Rabban Gamliel, Nasi - the President, of the Great Court, disagreed with R. Joshua about the exact date of Yom Kippur.  The heavens were covered with clouds that year - and just when the witnesses in charge of reporting the correct date, the moon was obscured long enough to throw the calendar into question.

The majority of the court agreed with Rabban Gamliel, and he ordered R. Joshua to demonstrate publicly that he was willing to accept the authority of the majority opinion.  Rabban Gamliel said to R. Joshua: "I charge you to appear before me with your staff and your money-bag on the day that according to your reckoning, should be Yom Kippur," forcing him to carry and to travel in violation of what R. Joshua believed was the holiest day of the year.

R. Joshua felt terrible.  His student, 'R. Akiba went and found R. Joshua and asked him, Master, why are you in distress?  He replied: Akiba, it would better for a man to be on a sick-bed for twelve months than to have to deal with such a decision -- to have to violate their own halakhic opinion about such an important matter.  Akiba said to him, Master, will you allow me to tell you something which you yourself have taught me? R. Joshua said to him, Speak.

He then said to him: In Leviticus there is a series of verses in which the word 'you' is repeated three times regarding determining the dates for holidays - "the appointed times of God," (Lev.23:4). 

 

The repetition and emphasis on the word 'you' three times indicates that 1) 'you' fix the dates of the festivals even if you accidentally make a mistake in your calendar and 2) 'you' fix the dates even if you make a deliberately error; and 3) 'you' fix the times even if you are misled, i.e. by the witnesses. 

 

R. Joshua replied to him in these words: 'Akiba, you have comforted me, you have comforted me'.

R. Joshua submits to the authority of Rabban Gamliel and obeyed his decision, in spite of his deeply-held belief that his own calculations were correct.  And when he next sees R. Joshua, Rabban Gamliel rises and kisses him, exclaiming "Come in peace my teacher and pupil; my teacher in wisdom and my pupil because you have accepted our decision."

In other words, R. Joshua is reminded that it is our legal committees of rabbis who determine the law - for better or worse.  And Rabban Gamliel appreciates that Rabbi Joshua showed that unity and peace in the community was far more important than his personal considerations.

I'd like to end with a hassidic story that I will compare to the decision of our law committee this week.

Once in a tropical country, a certain splendid bird, more colorful than any that had ever been seen, was sighted at the top of the tallest tree.  But the bird was perched so high that no single person could ever hope to reach it.

When news of the bird reached the ears of the king, he ordered that a number of his subjects try to bring the bird to him.

They were to stand on one another's shoulders until they could read the bird and bring it to the king.

The kings subjects assembled near the tree, but while they were standing balanced on one another's shoulders, some of those near the bottom decided to wander off.

As soon as the first person moved, the entire chain collapsed, injuring several of them.  Still the bird remained uncaptured.

The story ends with the statement that the people had doubly failed the king.  For even greater than his desire to see the bird was his wish to see his people so closely joined to one another. (from Your Word is Fire, Green and Holtz)

I think the story is relevant in that God - our King in Heaven, wants to see us work together.  So let me suggest the following:

The sages of our day have made a decision on gay issues, and if you agree with it - then perhaps you can use this decision to renew your faith in our Conservative Movements Committee on Jewish Law and Standards. 

 

I would remind you that our law committee does not just make decisions on gay issues, but has available on the Movement's Rabbinical Assembly web site, hundreds of thoughtful, modern decisions on Shabbat and kashrut and business issues and personal matters.

Each teshuvah - or Jewish legal response - on the web site is written by a Conservative rabbi interested in bringing the community closer to God and meaningful observance.  Let's become reacquainted with the wisdom of the sages of our day.

But if you are unhappy with the decision --  if you feel the wrong decision has come down -- and you are tempted to wander off – physically, or even to just spiritually wander off from the Movement - I would say: of course it is your right to do so.  Some on the law committee itself have already done so.

 

But I can't help feeling that we, as a community, will have doubly failed God.  For surely, just as God wants us to get our halakhic decisions correct,  God also desires to see his people working, praying and observing Judaism -- together.

R. Akiba taught that three times the verses of Leviticus repeat the word 'you' to remind us that God requires you to determine when to celebrate and what is holy. But the 'you' that God and Akiba are referring to was never the individual - but rather the community of rabbis of every generation.

As an individual you may proclaim the validity of your lonely opinions and you may even be right in your interpretation.  You may even be right in your interpretation.  But that's not how the Jewish community works - or should work.

Because it is only as a community that we may turn to one another when we are in distress, with the words of R. Joshua to his student Akiba -- that God surely desires to hear above all others – "you have comforted me, you have comforted me."

May the coming weeks and months be a mo'ed, a holy time of healing and comfort for those on all sides of the issue so that we may say that we have striven with beings divine and human - and the community of Israel has prevailed.

Shabbat Shalom.